LAWRENCE J. HOGAN, JR., Governor Ch. 499
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Chapter 499
(House Bill 725)
AN ACT concerning
Children – Therapeutic Child Care Grant Program – Funding Establishment
FOR the purpose of establishing the Therapeutic Child Care Grant Program to provide
specialized child care and early childhood education by funding to educators, early
intervention providers, mental health providers, and health care providers to certain
grants to certain providers that provide specialized child care and early education to
children under a certain age who have delays in development, physical disabilities,
or delays in social, emotional, or behavioral functioning; requiring certain providers
who received certain grants to report certain information to the State Department of
Education on or before certain dates; requiring the Department to compile certain
information and provide reports to certain committees on or before certain dates; and
generally relating to the Therapeutic Child Care Grant Program.
BY adding to
Article – Education
Section 8–420
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Education
8–420.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “DEVELOPMENTAL DELAYS , PHYSICAL DISABILITIE S, OR DELAYS
IN SOCIAL, EMOTIONAL , OR BEHAVIORAL FUNCTIONING ” MEANS
(2) “ELIGIBLE CHILD” MEANS A CHILD UNDER THE AGE OF 6 YEARS
WITH DEVELOPMENTAL D ELAYS, PHYSICAL DISABILITIE S, OR DELAYS IN SOCIAL ,
EMOTIONAL, OR BEHAVIORAL FUNCTI ONING THAT NECESSITA TE SPECIALIZED
CHILD CARE AND EARLY EDUCATION SERVI CES INCLUDING :
(I) A SIGNIFICANT DEVELOPM ENTAL DELAY OR ATYPI CAL
DEVELOPMENT , AS IDENTIFIED BY A H EALTH PROFESSIONAL , IN:
Ch. 499 2022 LAWS OF MARYLAND
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1. COGNITIVE DEVELOPMENT ;
2. PHYSICAL DEVELOPMENT ;
3. LANGUAGE AND SPEECH D EVELOPMENT ;
4. PSYCHOSOCIAL DEVELOPMENT ; OR
5. SELF–HELP SKILLS;
(II) PSYCHOLOGICAL TRAUMA , AS IDENTIFIED THROUG H AN
EVALUATION BY A MENT AL HEALTH PROFESSION AL; OR
(III) A DIAGNOSED PHYSICAL , DEVELOPMENTAL , OR MENTAL
HEALTH CONDITION THA T IMPACTS DAILY LIVI NG AND LIMITS PARTICIPATION IN
TYPICAL EARLY CHILDH OOD EDUCATION OR CHI LD CARE SETTINGS .
(3) “ELIGIBLE THERAPEUTIC CHILD CARE PROVIDER ” MEANS A
THERAPEUTIC CHILD CA RE PROVIDER DESIGNAT ED BY THE DEPARTMENT FOR
PARTICIPATION IN THE PROGRAM UNDER SUBSECT ION (C)(3) OF THIS SECTION.
(4) “PROGRAM” MEANS THE THERAPEUTIC CHILD CARE PROGRAM.
(5) “THERAPEUTIC CHILD CAR E PROVIDER” INCLUDES EDUCATORS ,
EARLY INTERVENTION P ROVIDERS, MENTAL HEALTH PROVID ERS, AND HEALTH
CARE PROVIDERS WHOSE MISSION IS TO PROVID E SPECIALIZED C HILD CARE AND
EARLY EDUCATION SERV ICES TO ELIGIBLE CHI LDREN.
(B) THERE IS A THERAPEUTIC CHILD CARE PROGRAM IN THE STATE.
(C) (1) THE PURPOSE OF THE PROGRAM IS TO PROVIDE SPECIALIZED
CHILD CARE AND EARLY CHILD HOOD EDUCATION BY ED UCATORS, EARLY
INTERVENTION PROVIDERS, MENTAL HEALTH PROVID ERS, AND HEALTH CARE
PROVIDERS TO CHILDREN UNDER THE A GE OF 6 YEARS WHO HAVE :
(1) DEVELOPMENTAL DELAYS ;
(2) PHYSICAL DISABILITIES ; OR
(3) DELAYS IN SOCIAL, EMOTIONAL, OR BEHAVIORAL FUNCTI ONING
FUNDING TO ELIGIBLE THERAPEUTIC CHILD CARE PROVIDERS FOR THE
TREATMENT OF ELIGIBL E CHILDREN.
(2) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM. LAWRENCE J. HOGAN, JR., Governor Ch. 499
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(3) ON MAY 1 EACH YEAR, THE DEPARTMENT SHALL DESI GNATE
THERAPEUTIC CHILD CA RE PROVIDERS FOR PAR TICIPATION IN THE PROGRAM.
(4) ON MAY 1 EACH YEAR, THE DEPARTMENT SHALL COUN T ALL
ELIGIBLE CHILDREN AT EACH ELIGIBLE THERAP EUTIC CHILD CARE PRO VIDER.
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , FOR FISCAL
YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDGET BILL AN
APPROPRIATION TO THE PROGRAM IN AN AMOUNT NOT LESS THAN THE PE R PUPIL
FUNDING AMOUNT OF $45,000 FOR EACH CHILD SERVE D WHO HAS DEVELOPMEN TAL
DELAYS, PHYSICAL DISABILITIE S, OR DELAYS IN SOCIAL , EMOTIONAL, OR
BEHAVIORAL FUNCTIONI NG.
(2) (I) FOR FISCAL YEAR 2024, FOR PROVIDERS IN THE PROGRAM
THAT BEGAN PROVIDING CARE TO CHILDREN ON OR BEFORE MARCH 5, 2020, THE
PER PUPIL FUNDING AM OUNT SHALL BE CALCUL ATED USING THE HIGHE R OF:
1. THE JANUARY 1, 2019, ENROLLMENT ; OR
2. THE JANUARY 1, 2023, ENROLLMENT .
(II) FOR FISCAL YEAR 2024, FOR PROVIDERS IN THE PROGRAM
THAT BEGAN PROVIDING CARE TO CHILDREN AFT ER MARCH 5, 2020, THE PER PUPIL
FUNDING AMOUNT SHALL BE CALCULATED USING THE JANUARY 1, 2023,
ENROLLMENT .
(3) BEGINNING IN FISCAL Y EAR 2025 AND EACH FISCAL YEAR
THEREAFTER , THE GOVERNOR SHALL INCREA SE THE PER PUPIL FUN DING AMOUNT
UNDER PARAGRAPH (1) OF THIS SUBSECTION B Y THE LESSER OF :
(I) THE CONSUMER PRICE INDEX FOR ALL URBAN
CONSUMERS FOR THE WASHINGTON METROPOLITAN AREA, OR ANY SUCCESSOR
INDEX; OR
(II) 1.5%.
(4) THE PROGRAM MAY BE FUNDED FROM:
(I) THE GENERAL FUND OF THE STATE; AND
(II) ANY OTHER SOURCES .
Ch. 499 2022 LAWS OF MARYLAND
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(D) (1) FOR FISCAL YEAR 2024 AND EACH FISCAL YEAR THEREAFTER ,
THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIATIO N
OF $3,750,000 TO THE PROGRAM.
(2) USING THE COUNT OF EL IGIBLE CHILDREN AT E ACH ELIGIBLE
THERAPEUTIC CHILD CA RE PROVIDER ON MAY 1 OF THE PREVIOUS FISC AL YEAR,
THE DEPARTMENT SHALL DIST RIBUTE THE FULL APPR OPRIATION LISTED UND ER
PARAGRAPH (1) OF THIS SUBSECTION T O EACH ELIGIBLE THER APEUTIC CHILD
CARE PROVIDER IN AN AMOUNT PROPORTIONATE TO THE NUMBER OF ELI GIBLE
CHILDREN SERVED BY T HE ELIGIBLE PROVIDER OUT OF THE TOTAL NUM BER OF
ELIGIBLE CHILDREN SE RVED BY ALL ELIGIBLE THERAPEUTIC CHILD CARE
PROVIDERS.
(2) “DEVELOPMENTAL DELAYS , PHYSICAL DISABILITIE S, OR DELAYS
IN SOCIAL, EMOTIONAL, OR BEHAVIORAL FUNCTI ONING” MEANS:
(I) A SIGNIFICANT DEVELOPM ENTAL DELAY OR ATYPI CAL
DEVELOPMENT , AS IDENTIFIED BY A H EALTH PROFESSIONAL , IN:
1. COGNITIVE DEVELOPMENT ;
2. PHYSICAL DEVELOPMENT ;
3. LANGUAGE AND SPEECH D EVELOPMENT ;
4. PSYCHOSOCIAL DEVELOPM ENT; OR
5. SELF–HELP SKILLS;
(II) PSYCHOLOGICAL TRAUMA , AS IDENTIFIED THROUG H AN
EVALUATION BY A MENT AL HEALTH PROFESSI ONAL; OR
(III) A DIAGNOSED PHYSICAL , DEVELOPMENTAL , OR MENTAL
HEALTH CONDITION THA T IMPACTS DAILY LIVI NG AND LIMITS PARTIC IPATION IN
TYPICAL EARLY CHILDH OOD EDUCATION OR CHI LD CARE SETTINGS .
(3) “PROGRAM” MEANS THE THERAPEUTIC CHILD CARE GRANT
PROGRAM.
(B) THERE IS A THERAPEUTIC CHILD CARE GRANT PROGRAM IN THE
STATE.
LAWRENCE J. HOGAN, JR., Governor Ch. 499
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(C) (1) THE PURPOSE OF THE PROGRAM IS TO PROVIDE GRANTS TO
PROVIDERS THAT SPECI ALIZE IN PROVIDING C HILD CARE AND EARLY CHILDHOOD
EDUCATION TO CHILDRE N UNDER THE AGE OF 6 YEARS WHO HAVE DEVELOPMENTAL
DELAYS, PHYSICAL DISABILITIE S, OR DELAYS IN SOCIAL , EMOTIONAL, OR
BEHAVIORAL FUNCTIONI NG.
(2) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM.
(3) ON OR BEFORE AUGUST 15 EACH YEAR, THE DEPARTMENT SHALL
AWARD GRANTS UNDER T HIS SECTION.
(D) (1) FOR EACH OF FISCAL YE ARS 2023 THROUGH 2025, THE
GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET BILL AN APPROPRIA TION OF
$3,700,000 TO THE PROGRAM.
(2) IN AWARDING GRANTS UN DER THE PROGRAM, THE DEPARTMENT
SHALL DISTRIBUTE :
(I) $1,283,000 TO EXISTING PROVIDERS IN THE SAME AMOUNT
AS WAS PROVIDED IN F ISCAL YEAR 2022;
(II) $1,917,000 TO EXISTING PROVIDER S IN THE SAME
PROPORTION AS WAS PR OVIDED IN FISCAL YEA R 2022 TO PROVIDE ADDITIONA L
SERVICES; AND
(III) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS
SUBSECTION, $500,000 TO NEW PROVIDERS OR EXISTING PROVIDERS T O ENROLL
ADDITIONAL CHILDREN .
(3) IF FUNDS ARE REMAININ G AFTER THE DISTRIBU TION REQUIRED
UNDER PARAGRAPH (2)(III) OF THIS SUBSECTION , THEN THE REMAINDER S HALL BE
DISTRIBUTED AS PROVI DED UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION .
(E) (1) ON OR BEFORE DECEMBER 1, 2022, AND DECEMBER 1, 2023, THE
PROVIDERS WHO RECEIV ED A GRANT UNDER THI S SECTION SHALL REPO RT TO THE
DEPARTMENT THE COST O F PROVIDING SERVICES TO A CHILD WITH
DEVELOPMENTAL DELAYS, PHYSICAL DISABILITIE S, OR DELAYS IN SOCIAL ,
EMOTIONAL, OR BEHAVIORAL FUNCTI ONING AND THE SOURCE S OF FUNDING
RECEIVED BY THE PROV IDER.
(2) ON OR BEFORE DECEMBER 30, 2022, AND DECEMBER 30, 2023,
THE DEPARTMENT SHALL COMP ILE THE INFORMATION PROVIDED UNDER
PARAGRAPH (1) OF THIS SUBSECTION A ND SHALL REPORT THE COMPILED
INFORMATION TO THE SENATE BUDGET AND TAXATION COMMITTEE AND THE Ch. 499 2022 LAWS OF MARYLAND
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HOUSE WAYS AND MEANS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE
STATE GOVERNMENT ARTICLE.
(F) THE DEPARTMENT MAY ADOPT REGULATIONS NECESSAR Y TO CARRY
OUT THIS SECTION .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.