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.
Italics indicate opposite chamber/conference committee amendments.
*hb0725*
HOUSE BILL 725
O4, F5 (2lr1345)
ENROLLED BILL
— Ways and Means/Budget and Taxation —
Introduced by Delegates Luedtke, Ebersole, Griffith, Guyton, and Solomon
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Children – Therapeutic Child Care Grant Program – Funding Establishment 2
FOR the purpose of establishing the Therapeutic Child Care Grant Program to provide 3
specialized child care and early childhood education by funding to educators, early 4
intervention providers, mental health providers, and health care providers to certain 5
grants to certain providers that provide specialized child care and early education to 6
children under a certain age who have delays in development, physical disabilities, 7
or delays in social, emotional, or behavioral functioning; requiring certain providers 8
who received certain grants to report certain information to the State Department of 9
Education on or before certain dates; requiring the Department to compile certain 10
information and provide reports to certain committees on or before certain dates; and 11
generally relating to the Therapeutic Child Care Grant Program. 12
BY adding to 13
Article – Education 14 2 HOUSE BILL 725
Section 8–420 1
Annotated Code of Maryland 2
(2018 Replacement Volume and 2021 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Education 6
8–420. 7
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(2) “DEVELOPMENTAL DELAYS , PHYSICAL DISABILITIE S, OR DELAYS 10
IN SOCIAL, EMOTIONAL, OR BEHAVIORAL FUNCTI ONING” MEANS 11
(2) “ELIGIBLE CHILD” MEANS A CHILD UNDER THE AGE OF 6 YEARS 12
WITH DEVELOPMENTAL D ELAYS, PHYSICAL DISABILITIE S, OR DELAYS IN SOCIAL , 13
EMOTIONAL, OR BEHAVIORAL FUNCTI ONING THAT NECESSITA TE SPECIALIZED 14
CHILD CARE AND EARLY EDUCATION SERVICES I NCLUDING: 15
(I) A SIGNIFICANT DEVELOPM ENTAL DELAY OR ATYPI CAL 16
DEVELOPMENT , AS IDENTIFIED BY A H EALTH PROFESSIONAL , IN: 17
1. COGNITIVE DEVELOPMENT ; 18
2. PHYSICAL DEVELOPMENT ; 19
3. LANGUAGE AND SPEECH D EVELOPMENT ; 20
4. PSYCHOSOCIAL DEVELOPM ENT; OR 21
5. SELF–HELP SKILLS; 22
(II) PSYCHOLOGICAL TRAUMA , AS IDENTIFIED THROUG H AN 23
EVALUATION BY A MENT AL HEALTH PROFESSION AL; OR 24
(III) A DIAGNOSED PHYSICAL , DEVELOPMENTAL , OR MENTAL 25
HEALTH CONDITION THA T IMPACTS DAILY LIVI NG AND LIMITS PARTIC IPATION IN 26
TYPICAL EARLY CHILDH OOD EDUCATION OR CHI LD CARE SETTINGS . 27
(3) “ELIGIBLE THERAPEUTIC CHILD CARE PROVIDER ” MEANS A 28
THERAPEUTIC CHILD CA RE PROVIDER DESIGNAT ED BY THE DEPARTMENT FOR 29
PARTICIPATION IN THE PROGRAM UNDER SUBSECT ION (C)(3) OF THIS SECTION. 30 HOUSE BILL 725 3
(4) “PROGRAM” MEANS THE THERAPEUTIC CHILD CARE PROGRAM. 1
(5) “THERAPEUTIC CHILD CAR E PROVIDER” INCLUDES EDUCATORS , 2
EARLY INTERVENTION P ROVIDERS, MENTAL HEALTH PROVID ERS, AND HEALTH 3
CARE PROVIDERS WHOSE MISSION IS TO PROVID E SPECIALIZED CHILD CARE AND 4
EARLY EDUCATION SERVICES T O ELIGIBLE CHILDREN . 5
(B) THERE IS A THERAPEUTIC CHILD CARE PROGRAM IN THE STATE. 6
(C) (1) THE PURPOSE OF THE PROGRAM IS TO PROVIDE SPECIALIZED 7
CHILD CARE AND EARLY CHILD HOOD EDUCATION BY ED UCATORS, EARLY 8
INTERVENTION PROVIDERS, MENTAL HEALTH PROVID ERS, AND HEALTH CARE 9
PROVIDERS TO CHILDREN UNDER THE A GE OF 6 YEARS WHO HAVE : 10
(1) DEVELOPMENTAL DELAYS ; 11
(2) PHYSICAL DISABILITIES ; OR 12
(3) DELAYS IN SOCIAL, EMOTIONAL, OR BEHAVIORAL FUNCTI ONING 13
FUNDING TO ELIGIBLE THERAPEUTIC CH ILD CARE PROVIDERS F OR THE 14
TREATMENT OF ELIGIBL E CHILDREN. 15
(2) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 16
(3) ON MAY 1 EACH YEAR, THE DEPARTMENT SHALL DESI GNATE 17
THERAPEUTIC CHILD CA RE PROVIDERS FOR PAR TICIPATION IN THE PROGRAM. 18
(4) ON MAY 1 EACH YEAR, THE DEPARTMENT SHALL COUN T ALL 19
ELIGIBLE CHILDREN AT EACH ELIGIBLE THERAP EUTIC CHILD CARE PRO VIDER. 20
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , FOR FISCAL 21
YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN 22
APPROPRIATION TO THE PROGRAM IN AN AMOUNT NOT LESS THAN THE PE R PUPIL 23
FUNDING AMOUNT OF $45,000 FOR EACH CHILD SERVE D WHO HAS DEVELOPMEN TAL 24
DELAYS, PHYSICAL DISABILITIE S, OR DELAYS IN SOCIAL , EMOTIONAL, OR 25
BEHAVIORAL FUNCTIONI NG. 26
(2) (I) FOR FISCAL YEAR 2024, FOR PROVIDERS IN THE PROGRAM 27
THAT BEGAN PROVIDING CARE TO CHILDREN ON OR BEFORE MARCH 5, 2020, THE 28
PER PUPIL FUNDING AM OUNT SHALL BE CALCUL ATED USING THE HIGHE R OF: 29
1. THE JANUARY 1, 2019, ENROLLMENT ; OR 30
4 HOUSE BILL 725
2. THE JANUARY 1, 2023, ENROLLMENT . 1
(II) FOR FISCAL YEAR 2024, FOR PROVIDERS IN THE PROGRAM 2
THAT BEGAN PROVIDING CARE TO CHILDREN AFT ER MARCH 5, 2020, THE PER PUPIL 3
FUNDING AMOUNT SHALL BE CALCULATED USING THE JANUARY 1, 2023, 4
ENROLLMENT . 5
(3) BEGINNING IN FISCAL Y EAR 2025 AND EACH FISCAL YEAR 6
THEREAFTER , THE GOVERNOR SHALL INCREA SE THE PER PUPIL FUN DING AMOUNT 7
UNDER PARAGRAPH (1) OF THIS SUBSECTION B Y THE LESSER OF: 8
(I) THE CONSUMER PRICE INDEX FOR ALL URBAN 9
CONSUMERS FOR THE WASHINGTON METROPOLITAN AREA, OR ANY SUCCESSOR 10
INDEX; OR 11
(II) 1.5%. 12
(4) THE PROGRAM MAY BE FUNDED FROM: 13
(I) THE GENERAL FUND OF THE STATE; AND 14
(II) ANY OTHER SOURCES . 15
(D) (1) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER , 16
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION 17
OF $3,750,000 TO THE PROGRAM. 18
(2) USING THE COUNT OF EL IGIBLE CHILDREN AT E ACH ELIGIBLE 19
THERAPEUTIC CHILD CA RE PROVIDER ON MAY 1 OF THE PREVIOUS FISC AL YEAR, 20
THE DEPARTMENT SHALL DIST RIBUTE THE FULL APPR OPRIATION LISTED UND ER 21
PARAGRAPH (1) OF THIS SUBSECTION TO EACH E LIGIBLE THERAPEUTIC CHILD 22
CARE PROVIDER IN AN AMOUNT PROPORTIONATE TO THE NUMBER OF ELI GIBLE 23
CHILDREN SERVED BY T HE ELIGIBLE PROVIDER OUT OF THE TOTAL NUM BER OF 24
ELIGIBLE CHILDREN SE RVED BY ALL ELIGIBLE THERAPEUTIC CHILD CA RE 25
PROVIDERS. 26
(2) “DEVELOPMENTAL DELAYS , PHYSICAL DISABILITIE S, OR DELAYS 27
IN SOCIAL, EMOTIONAL, OR BEHAVIORAL FUNCTI ONING” MEANS: 28
(I) A SIGNIFICANT DEVELOPM ENTAL DELAY OR ATYPI CAL 29
DEVELOPMENT , AS IDENTIFIED BY A H EALTH PROFESSIONAL , IN: 30
1. COGNITIVE DEVELOPMENT ; 31
HOUSE BILL 725 5
2. PHYSICAL DEVELOPMENT ; 1
3. LANGUAGE AND SPEECH D EVELOPMENT ; 2
4. PSYCHOSOCIAL DEVELOPM ENT; OR 3
5. SELF–HELP SKILLS; 4
(II) PSYCHOLOGICAL TRAUMA , AS IDENTIFIED THROUG H AN 5
EVALUATION BY A MENT AL HEALTH PROFESSION AL; OR 6
(III) A DIAGNOSED PHYSICAL , DEVELOPMENTAL , OR MENTAL 7
HEALTH CONDITION THA T IMPACTS DAILY LIVI NG AND LIMITS PARTIC IPATION IN 8
TYPICAL EARLY CHILDH OOD EDUCATION OR CHI LD CARE SETTINGS . 9
(3) “PROGRAM” MEANS THE THERAPEUTIC CHILD CARE GRANT 10
PROGRAM. 11
(B) THERE IS A THERAPEUTIC CHILD CARE GRANT PROGRAM IN THE 12
STATE. 13
(C) (1) THE PURPOSE OF THE PROGRAM IS TO PROVIDE GRANTS TO 14
PROVIDERS THAT SPECI ALIZE IN PROVIDING C HILD CARE AND EARLY CHILDHOOD 15
EDUCATION TO CHILDRE N UNDER THE AGE OF 6 YEARS WHO HAVE DEVEL OPMENTAL 16
DELAYS, PHYSICAL DISABILITIE S, OR DELAYS IN SOCIAL , EMOTIONAL, OR 17
BEHAVIORAL FUNCTIONI NG. 18
(2) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM. 19
(3) ON OR BEFORE AUGUST 15 EACH YEAR, THE DEPARTMENT SHALL 20
AWARD GRANTS UNDER T HIS SECTION. 21
(D) (1) FOR EACH OF FISCAL YE ARS 2023 THROUGH 2025, THE 22
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF 23
$3,700,000 TO THE PROGRAM. 24
(2) IN AWARDING GRANTS UN DER THE PROGRAM, THE DEPARTMENT 25
SHALL DISTRIBUTE : 26
(I) $1,283,000 TO EXISTING PRO VIDERS IN THE SAME A MOUNT 27
AS WAS PROVIDED IN F ISCAL YEAR 2022; 28
6 HOUSE BILL 725
(II) $1,917,000 TO EXISTING PROVIDER S IN THE SAME 1
PROPORTION AS WAS PR OVIDED IN FISCAL YEA R 2022 TO PROVIDE ADDITIONA L 2
SERVICES; AND 3
(III) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS 4
SUBSECTION, $500,000 TO NEW PROVIDERS OR EXISTING PROVIDERS T O ENROLL 5
ADDITIONAL CHILDREN . 6
(3) IF FUNDS ARE REMAININ G AFTER THE DISTRIBU TION REQUIRED 7
UNDER PARAGRAPH (2)(III) OF THIS SUBSECTION , THEN THE REMAINDER S HALL BE 8
DISTRIBUTED AS PROVI DED UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION . 9
(E) (1) ON OR BEFORE DECEMBER 1, 2022, AND DECEMBER 1, 2023, THE 10
PROVIDERS WHO RECEIV ED A GRANT UNDER THI S SECTION SHALL REPO RT TO THE 11
DEPARTMENT THE COST O F PROVIDING SERVICES TO A CHILD WITH 12
DEVELOPMENTAL DELAYS , PHYSICAL DISABILITIES , OR DELAYS IN SOCIAL , 13
EMOTIONAL, OR BEHAVIORAL FUNCTI ONING AND THE SOURCE S OF FUNDING 14
RECEIVED BY THE PROV IDER. 15
(2) ON OR BEFORE DECEMBER 30, 2022, AND DECEMBER 30, 2023, 16
THE DEPARTMENT SHALL COMP ILE THE INFORMATION PROVIDED UNDER 17
PARAGRAPH (1) OF THIS SUBSECTION A ND SHALL REPORT THE COMPILED 18
INFORMATION TO THE SENATE BUDGET AND TAXATION COMMITTEE AND THE 19
HOUSE WAYS AND MEANS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE 20
STATE GOVERNMENT ARTICLE. 21
(F) THE DEPARTMENT MAY ADOPT REGULATIONS NECESSARY TO CARRY 22
OUT THIS SECTION . 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24
1, 2022. 25
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.