EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0725*
HOUSE BILL 725
O4, F5 2lr1345
CF SB 506
By: Delegates Luedtke, Ebersole, Griffith, Guyton, and Solomon
Introduced and read first time: February 3, 2022
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 7, 2022
CHAPTER ______
AN ACT concerning 1
Children – Therapeutic Child Care Program – Funding 2
FOR the purpose of establishing the Therapeutic Child Care Program to provide specialized 3
child care and early childhood education by funding to educators, early intervention 4
providers, mental health providers, and health care providers to provide specialized 5
child care and early education to children under a certain age who have delays in 6
development, physical disabilities, or delays in social, emotional, or behavioral 7
functioning; and generally relating to the Therapeutic Child Care Program. 8
BY adding to 9
Article – Education 10
Section 8–420 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2021 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – Education 16
8–420. 17
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
2 HOUSE BILL 725
(2) “DEVELOPMENTAL DELAYS , PHYSICAL DISABILITIE S, OR DELAYS 1
IN SOCIAL, EMOTIONAL, OR BEHAVIORAL FUNCTI ONING” MEANS 2
(2) “ELIGIBLE CHILD” MEANS A CHILD UNDER THE AGE OF 6 YEARS 3
WITH DEVELOPMENTAL D ELAYS, PHYSICAL DISABILITIE S, OR DELAYS IN SOCIAL , 4
EMOTIONAL, OR BEHAVIORAL FUNCTI ONING THAT NECESSITA TE SPECIALIZED 5
CHILD CARE AND EARLY EDUCATION SERVICES I NCLUDING: 6
(I) A SIGNIFICANT DEVELO PMENTAL DELAY OR ATY PICAL 7
DEVELOPMENT , AS IDENTIFIED BY A H EALTH PROFESSIONAL , IN: 8
1. COGNITIVE DEVELOPMENT ; 9
2. PHYSICAL DEVELOPMENT ; 10
3. LANGUAGE AND SPEECH D EVELOPMENT ; 11
4. PSYCHOSOCIAL DEVELOPM ENT; OR 12
5. SELF–HELP SKILLS; 13
(II) PSYCHOLOGICAL TRAUMA , AS IDENTIFIED THROUG H AN 14
EVALUATION BY A MENT AL HEALTH PROFESSION AL; OR 15
(III) A DIAGNOSED PHYSICAL , DEVELOPMENTAL , OR MENTAL 16
HEALTH CONDITION THA T IMPACTS DAILY LIVI NG AND LIMITS PARTIC IPATION IN 17
TYPICAL EARLY CHILDH OOD EDUCATION OR CHILD CARE SETTIN GS. 18
(3) “ELIGIBLE THERAPEUTIC CHILD CARE PROVIDER ” MEANS A 19
THERAPEUTIC CHILD CA RE PROVIDER DESIGNAT ED BY THE DEPARTMENT FOR 20
PARTICIPATION IN THE PROGRAM UNDER SUBSECT ION (C)(3) OF THIS SECTION. 21
(4) “PROGRAM” MEANS THE THERAPEUTIC CHILD CARE PROGRAM. 22
(5) “THERAPEUTIC CHILD CAR E PROVIDER” INCLUDES EDUCATORS , 23
EARLY INTERVENTION P ROVIDERS, MENTAL HEALTH PROVID ERS, AND HEALTH 24
CARE PROVIDERS WHOSE MISSION IS TO PROVID E SPECIALIZED CHILD CARE AND 25
EARLY EDUCATION SERV ICES TO ELIGIBLE C HILDREN. 26
(B) THERE IS A THERAPEUTIC CHILD CARE PROGRAM IN THE STATE. 27
(C) (1) THE PURPOSE OF THE PROGRAM IS TO PROVIDE SPECIALIZED 28
CHILD CARE AND EARLY CHILD HOOD EDUCATION BY ED UCATORS, EARLY 29 HOUSE BILL 725 3
INTERVENTION PROVIDERS, MENTAL HEALTH PROVID ERS, AND HEALTH CARE 1
PROVIDERS TO CHILDREN UNDER THE A GE OF 6 YEARS WHO HAVE : 2
(1) DEVELOPMENTAL DELAYS ; 3
(2) PHYSICAL DISABILITIES ; OR 4
(3) DELAYS IN SOCIAL, EMOTIONAL, OR BEHAVIORAL FUNCTI ONING 5
FUNDING TO ELIGIBLE THERAPEUTIC CHILD CA RE PROVIDERS FOR THE 6
TREATMENT OF ELIGIBLE CHILDREN . 7
(2) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 8
(3) ON MAY 1 EACH YEAR, THE DEPARTMENT SHALL DESI GNATE 9
THERAPEUTIC CHILD CA RE PROVIDERS FOR PAR TICIPATION IN THE PROGRAM. 10
(4) ON MAY 1 EACH YEAR, THE DEPARTMENT SHALL COUN T ALL 11
ELIGIBLE CHILDREN AT EACH ELIGIBLE THERAP EUTIC CHILD CARE PRO VIDER. 12
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , FOR FISCAL 13
YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN 14
APPROPRIATION TO THE PROGRAM IN AN AMOUNT NOT LESS THAN THE PER PUPIL 15
FUNDING AMOUNT OF $45,000 FOR EACH CHILD SERVE D WHO HAS DEVELOPMEN TAL 16
DELAYS, PHYSICAL DISABILITIE S, OR DELAYS IN SOCIAL , EMOTIONAL, OR 17
BEHAVIORAL FUNCTIONI NG. 18
(2) (I) FOR FISCAL YEAR 2024, FOR PROVIDERS IN THE PROGRAM 19
THAT BEGAN PROVIDING CARE TO CH ILDREN ON OR BEFORE MARCH 5, 2020, THE 20
PER PUPIL FUNDING AM OUNT SHALL BE CALCUL ATED USING THE HIGHE R OF: 21
1. THE JANUARY 1, 2019, ENROLLMENT ; OR 22
2. THE JANUARY 1, 2023, ENROLLMENT . 23
(II) FOR FISCAL YEAR 2024, FOR PROVIDERS I N THE PROGRAM 24
THAT BEGAN PROVIDING CARE TO CHILDREN AFT ER MARCH 5, 2020, THE PER PUPIL 25
FUNDING AMOUNT SHALL BE CALCULATED USING THE JANUARY 1, 2023, 26
ENROLLMENT . 27
(3) BEGINNING IN FISCAL Y EAR 2025 AND EACH FISCAL YEAR 28
THEREAFTER , THE GOVERNOR SHALL INCREASE THE PER PUP IL FUNDING AMOUNT 29
UNDER PARAGRAPH (1) OF THIS SUBSECTION B Y THE LESSER OF: 30
4 HOUSE BILL 725
(I) THE CONSUMER PRICE INDEX FOR ALL URBAN 1
CONSUMERS FOR THE WASHINGTON METROPOLITAN AREA, OR ANY SUCCESSOR 2
INDEX; OR 3
(II) 1.5%. 4
(4) THE PROGRAM MAY BE FUNDED FROM : 5
(I) THE GENERAL FUND OF THE STATE; AND 6
(II) ANY OTHER SOURCES . 7
(D) (1) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , 8
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 9
OF $3,750,000 TO THE PROGRAM. 10
(2) USING THE COUNT OF EL IGIBLE CHILDREN AT E ACH ELIGIBLE 11
THERAPEUTIC CHILD CA RE PROVIDER ON MAY 1 OF THE PREVIOUS FISC AL YEAR, 12
THE DEPARTMENT SHALL DIST RIBUTE THE FULL APPR OPRIATION LISTED UND ER 13
PARAGRAPH (1) OF THIS SUBSECTION T O EACH ELIGIBLE THER APEUTIC CHILD 14
CARE PROVIDER IN AN AMOUNT PROPORTIONATE TO THE NUMBER OF ELI GIBLE 15
CHILDREN SERVED BY T HE ELIGIBLE PROVIDER OUT OF THE TOTAL NUM BER OF 16
ELIGIBLE CHILDREN SE RVED BY ALL ELIGIBLE THERAPEUTIC CHILD CA RE 17
PROVIDERS. 18
SECTION 2. AND BE IT FURTHER ENACTED , That this Act shall take effect July 19
1, 2022. 20
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.