[Third Reprint]
ASSEMBLY, No. 4746
STATE OF NEW JERSEY
219th LEGISLATURE
INTRODUCED SEPTEMBER 24, 2020
Sponsored by:
Assemblywoman GABRIELA M. MOSQUERA
District 4 (Camden and Gloucester)
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Assemblywoman ANNETTE CHAPARRO
District 33 (Hudson)
Assemblywoman AURA K. DUNN
District 25 (Morris and Somerset)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblywomen Downey, Jimenez, Assemblyman Freiman, Assemblywomen Lampitt, Swain, Assemblyman Tully, Assemblywomen Vainieri Huttle, Speight, Quijano and McKnight
SYNOPSIS
Requires that certain provider subsidy payments for child care services be based on enrollment.
CURRENT VERSION OF TEXT
As amended on December 20, 2021 by the General Assembly pursuant to the Governor's recommendations.
An Act concerning State subsidies to child care providers and 3[supplementing chapter 5B of Title 30 of the Revised Statutes] making an appropriation3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. 3[Notwithstanding] For the period beginning on the effective date of P.L. , c. (pending before the Legislature as this bill) and ending June 30, 2022, and notwithstanding3 any law, rule, or regulation to the contrary and in addition to any other criteria set forth by the Division of Family Development in the Department of Human Services to determine a provider’s subsidy payment for child care services, the division shall determine the subsidy payment for child care services issued to a licensed child care 3[provider] center3 1[in which 60 percent or more of the provider’s enrollment is eligible for child care services] 2[shall be1] or a registered family day care provider2 based on the number of children enrolled with the provider who are eligible for child care services. At no time 3during this period3 shall a subsidy payment for child care services issued to a licensed child care 3[provider] center3 1[in which 60 percent or more of the provider’s enrollment is eligible for child care services]1 2or a registered family day care provider2 be based on the attendance of eligible children for child care services.
b. 1A licensed child care 3[provider] center3 2or a registered family day care provider2 for which the subsidy payment is based on enrollment of children who are eligible for child care services shall comply at all times with requirements concerning the ratio of staff to enrolled children, as established pursuant to regulation by the Office of Licensing in the Department of Children and Families. At no time shall this ratio be based on the attendance of children eligible for child care services.
c. Within 3[24] 123 months
following the effective date of this act, the division shall 3conduct
a study and3
submit a written report to the Governor and, pursuant to section 2 of
P.L.1991, c.164 (C.52:14-19.1), to the Legislature comparing the costs of
basing child care provider subsidy payments on the number of children 3enrolled
who are3
eligible for child care services 3[enrolled
with the provider]3
and basing such subsidy payments on the 3number of children in3 attendance
3[of children] who are3 eligible
for child care services. 3As part of the study and
report, the division may
consider other measures that may be taken with respect to the payment of subsidies to licensed child care centers and registered family day care providers to ensure stability for providers and best serve families of children eligible for child care services.3
d.1 The Commissioner of Human Services shall apply for such State plan amendments or waivers as may be necessary to implement the provisions of this section and to continue to secure any available federal financial participation for the applicable child care programs.
1[c.]e.1 As used in this section, “child care services” means those services provided to eligible children, as certified by the Division of Family Development within the Department of Human Services, for which the division receives and administers State and federal funding to provide subsidy payments to licensed child care 3[providers] centers3 2and registered family day care providers2.
2. 3[The Commissioner of Human Services, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) shall adopt rules and regulations necessary to implement the provisions of this act] There is appropriated from the General Fund to the Department of Human Services the sum of $400,000 to conduct the study and submit the report required pursuant to subsection c. of section 1 of P.L. , c. (pending before the Legislature as this bill). The Department is authorized to contract with a third party to conduct the study and submit the report required by that subsection.3
3. This act shall take effect immediately 3[1and shall expire two years after the federal government approves the State’s application for a State plan amendment or waiver, pursuant to section 1 of this act, or the division implements the revised child care subsidy payment rates, whichever occurs earlier]3.1