LAWRENCE J. HOGAN, JR., Governor Ch. 498
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Chapter 498
(Senate Bill 506)
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 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 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 ; Ch. 498 2022 LAWS OF MARYLAND
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4. PSYCHOSOCIAL DEVELOPM ENT; 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 PARTIC IPATION IN
TYPICAL EARLY CHILDHOOD EDUC ATION OR CHILD CARE SETTINGS.
(3) “PROGRAM” MEANS THE THERAPEUTIC CHILD CARE PROGRAM.
(B) THERE IS A THERAPEUTIC CHILD CARE PROGRAM IN THE STATE.
(C) THE PURPOSE OF THE PROGRAM IS TO PROVIDE SPECIALIZED CHILD
CARE AND EARLY CHIL DHOOD EDUCATION BY E DUCATORS, EARLY INTERVENTION
PROVIDERS, MENTAL HEALTH PROVID ERS, AND HEALTH CARE PROV IDERS 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.
(D) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , FOR FISCAL
YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE ANNUAL BUDG ET 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 AFTER MARCH 5, 2020, THE PER PUPIL LAWRENCE J. HOGAN, JR., Governor Ch. 498
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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 .
(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 MENTAL HEALTH PROFES SIONAL; 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. Ch. 498 2022 LAWS OF MARYLAND
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(B) THERE IS A THERAPEUTIC CHILD CARE GRANT PROGRAM IN THE
STATE.
(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 DEVEL OPMENTAL
DELAYS, PHYSICAL DISABILITIE S, OR DELAYS IN SOCIAL , EMOTIONAL, OR
BEHAVIORAL FUNCTIONI NG.
(2) THE DEPARTMENT SHALL ADMI NISTER THE PROGRAM.
(3) BY AUGUST 15 EACH YEAR, THE DEPARTMENT SHALL AWAR D
GRANTS UNDER THI S 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 PROVIDER S 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 PROVIDED U NDER 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 WIT H
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. LAWRENCE J. HOGAN, JR., Governor Ch. 498
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(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
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.