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4 | 4 | | |
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5 | 5 | | 2023 -- H 5193 |
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6 | 6 | | ======== |
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7 | 7 | | LC000592 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO HUMAN SERVICES -- RHODE ISLAND CHILDCARE ESSENTIAL ACT |
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16 | 16 | | Introduced By: Representatives Diaz, Slater, McNamara, Caldwell, Shallcross Smith, |
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17 | 17 | | Ackerman, Kazarian, Casimiro, Cruz, and Donovan |
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18 | 18 | | Date Introduced: January 19, 2023 |
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19 | 19 | | Referred To: House Finance |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby 1 |
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24 | 24 | | amended by adding thereto the following chapter: 2 |
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25 | 25 | | CHAPTER 6.7 3 |
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26 | 26 | | RHODE ISLAND CHILDCARE ESSENTIAL ACT 4 |
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27 | 27 | | 40-6.7-1. Legislative findings. 5 |
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28 | 28 | | The general assembly finds that: 6 |
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29 | 29 | | (1) Access to affordable, high-quality childcare is essential to support labor force 7 |
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30 | 30 | | participation of parents with children from infancy through age twelve (12) years and to maximize 8 |
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31 | 31 | | the economic productivity of the state. 9 |
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32 | 32 | | (2) Access to affordable, high-quality childcare is essential for all parents to achieve 10 |
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33 | 33 | | economic security and independence, particularly for mothers who often have lower lifetime 11 |
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34 | 34 | | earnings because they earn lower wages, work reduced hours, and take longer breaks from work in 12 |
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35 | 35 | | order to care for children. 13 |
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36 | 36 | | (3) High-quality childcare programs, staffed by qualified and effective educators, are 14 |
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37 | 37 | | essential for children to promote healthy development and optimize learning during early childhood 15 |
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38 | 38 | | and school-age years. 16 |
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39 | 39 | | (4) A landmark 2015 report by the Institute of Medicine and National Research Council 17 |
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40 | 40 | | found that children begin learning at birth and the adults that provide for the care and education of 18 |
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41 | 41 | | children bear a great responsibility for their health, development, and learning -- setting the critical 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000592 - Page 2 of 12 |
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45 | 45 | | foundation for lifelong progress. The report recommends that states work to increase the 1 |
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46 | 46 | | qualifications and compensation of childcare educators, including those who care for infants and 2 |
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47 | 47 | | toddlers. 3 |
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48 | 48 | | (5) Childcare educators are among the lowest paid workers in Rhode Island. In 2021, the 4 |
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49 | 49 | | median wage of a childcare educator in Rhode Island was thirteen dollars and twenty-six cents 5 |
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50 | 50 | | ($13.26) per hour. As the state minimum wage increases, childcare programs will need additional 6 |
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51 | 51 | | revenue to comply with the minimum wage rules and to pay higher wages to attract and retain 7 |
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52 | 52 | | qualified and effective educators. 8 |
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53 | 53 | | (6) The U.S. Department of Health and Human Services provides significant funding to 9 |
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54 | 54 | | Rhode Island through the Child Care and Development Block Grant and has established clear 10 |
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55 | 55 | | guidelines for setting rates that provide low-income families with "equal access" to the childcare 11 |
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56 | 56 | | market as required under federal law. The "equal access" guideline is to pay rates equal to or above 12 |
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57 | 57 | | the seventy-fifth percentile of a recent market rate survey. 13 |
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58 | 58 | | (7) The U.S. Department of Health and Human Services has also established a clear 14 |
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59 | 59 | | guideline for determining whether childcare is affordable. Currently, the federal guideline for 15 |
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60 | 60 | | affordability is that families should pay no more than seven percent (7%) of family income for 16 |
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61 | 61 | | childcare. Using that guideline, almost all families with young children in the State of Rhode Island 17 |
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62 | 62 | | need a subsidy to afford the cost of high-quality childcare staffed by qualified, effective, and fairly-18 |
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63 | 63 | | compensated educators. 19 |
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64 | 64 | | 40-6.7-2. Childcare assistance - Families or assistance units eligible. 20 |
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65 | 65 | | (a) The department of human services shall provide appropriate childcare to every 21 |
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66 | 66 | | participant who is eligible for cash assistance and who requires childcare in order to meet the work 22 |
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67 | 67 | | requirements in accordance with this chapter. 23 |
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68 | 68 | | (b) Low-income childcare. The department shall provide childcare to all other families with 24 |
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69 | 69 | | incomes at or below eighty-five percent (85%) of the state median income, the low-income family 25 |
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70 | 70 | | eligibility benchmark in the federal Child Care and Development Block Grant if, and to the extent, 26 |
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71 | 71 | | these other families require childcare in order to work at paid employment and/or to participate in 27 |
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72 | 72 | | training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other 28 |
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73 | 73 | | job-readiness/job- attachment programs sponsored or funded by the human resource investment 29 |
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74 | 74 | | council (governor's workforce board) or state agencies that are part of the coordinated program 30 |
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75 | 75 | | system pursuant to § 42-102-11. The department shall also provide childcare assistance to families 31 |
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76 | 76 | | with incomes below eighty-five percent (85%) of the state median income when such assistance is 32 |
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77 | 77 | | necessary for a member of these families to enroll or maintain enrollment in a Rhode Island public 33 |
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78 | 78 | | institution of higher education. 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000592 - Page 3 of 12 |
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82 | 82 | | (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if 1 |
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83 | 83 | | the combined value of its liquid resources exceeds one million dollars ($1,000,000), which 2 |
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84 | 84 | | corresponds to the amount permitted by the federal government under the state plan and set forth 3 |
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85 | 85 | | in the administrative rulemaking process by the department. As used in this section "liquid 4 |
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86 | 86 | | resources" means any interest(s) in property in the form of cash or other financial instruments or 5 |
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87 | 87 | | accounts that are readily convertible to cash or cash equivalents. These resources include, but are 6 |
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88 | 88 | | not limited to: cash, bank, credit union, or other financial institution savings, checking, and money 7 |
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89 | 89 | | market accounts; certificates of deposit or other time deposits; stocks; bonds; mutual funds; and 8 |
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90 | 90 | | other similar financial instruments or accounts. These resources do not include educational savings 9 |
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91 | 91 | | accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held jointly with 10 |
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92 | 92 | | another adult, not including a spouse. The department is authorized to promulgate rules and 11 |
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93 | 93 | | regulations to determine the ownership and source of the funds in the joint account. 12 |
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94 | 94 | | (d) The parent or caretaker relative of any family applying for childcare assistance may 13 |
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95 | 95 | | voluntarily access the state’s office of child support services for assistance in locating the non - 14 |
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96 | 96 | | custodial parent, establishing parentage, establishing a child support and/or medical order, and 15 |
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97 | 97 | | enforcement of the order, but this shall not be a requirement to qualify for or access childcare 16 |
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98 | 98 | | assistance. 17 |
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99 | 99 | | (e) For purposes of this section, "appropriate childcare" means childcare, including infant, 18 |
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100 | 100 | | toddler, preschool, nursery school, and school age, that is provided by a person or organization 19 |
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101 | 101 | | qualified, approved, and authorized to provide the care by the state agency or agencies designated 20 |
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102 | 102 | | to make the determinations in accordance with the provisions set forth in this section. 21 |
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103 | 103 | | (f)(1) Families with incomes at or below one hundred percent (100%) of the applicable 22 |
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104 | 104 | | federal poverty level guidelines shall be provided with free childcare. Families with incomes 23 |
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105 | 105 | | greater than one hundred percent (100%) of the applicable federal poverty guideline shall be 24 |
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106 | 106 | | required to pay for some portion of the childcare they receive, according to a sliding-fee scale 25 |
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107 | 107 | | adopted by the department in the department's rules, not to exceed seven percent (7%) of income 26 |
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108 | 108 | | as defined in subsection (h) of this section. 27 |
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109 | 109 | | (2) Families who are receiving childcare assistance and who become ineligible for 28 |
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110 | 110 | | childcare assistance as a result of their incomes exceeding eighty-five percent (85%) of state 29 |
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111 | 111 | | median income shall continue to be eligible for childcare assistance until their incomes exceeds 30 |
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112 | 112 | | one hundred percent (100%) of the state median income. To be eligible, the families must continue 31 |
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113 | 113 | | to pay for some portion of the childcare they receive, as indicated in a sliding-fee scale adopted in 32 |
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114 | 114 | | the department's rules, not to exceed seven percent (7%) of income as defined in subsection (h) of 33 |
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115 | 115 | | this section, and in accordance with other eligibility standards. 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC000592 - Page 4 of 12 |
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119 | 119 | | (g) In determining the type of childcare to be provided to a family, the department shall 1 |
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120 | 120 | | take into account the cost of available childcare options, the suitability of the type of care available 2 |
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121 | 121 | | for the child; and the parent's preference as to the type of childcare. 3 |
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122 | 122 | | (h) For purposes of this section, “income” for families receiving cash assistance under §§ 4 |
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123 | 123 | | 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned, and 5 |
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124 | 124 | | unearned income as determined by departmental regulations. 6 |
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125 | 125 | | (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast 7 |
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126 | 126 | | the expenditures for childcare in accordance with the provisions of § 35-17-1. 8 |
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127 | 127 | | (j) In determining eligibility for childcare assistance for children of members of reserve 9 |
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128 | 128 | | components called to active duty during a time of conflict, the department shall freeze the family 10 |
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129 | 129 | | composition and the family income of the reserve component member as it was in the month prior 11 |
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130 | 130 | | to the month of leaving for active duty. This freeze shall continue until the individual is officially 12 |
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131 | 131 | | discharged from active duty. 13 |
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132 | 132 | | 40-6.7-3. Childcare assistance - Rates established. 14 |
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133 | 133 | | (a) Effective July 1, 2023, the reimbursement rates to be paid by the department of human 15 |
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134 | 134 | | services and the department of children, youth and families for licensed childcare centers and 16 |
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135 | 135 | | family childcare homes shall be updated to reflect findings from the most recent Rhode Island 17 |
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136 | 136 | | childcare market rate survey and shall be implemented in a tiered manner, reflective of the quality 18 |
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137 | 137 | | rating the provider has achieved within the state's quality rating system outlined in § 42-12-23.1. 19 |
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138 | 138 | | All rates shall meet or exceed the federal equal access benchmark (seventy-fifth percentile of the 20 |
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139 | 139 | | most recent Rhode Island childcare market rate survey) and programs that have achieved a high-21 |
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140 | 140 | | quality rating shall be paid rates at or above the ninetieth percentile of the most recent Rhode Island 22 |
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141 | 141 | | childcare market rate survey. Weekly rates shall be reimbursed as follows: 23 |
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142 | 142 | | LICENSED CHILDCARE CENTERS & FAMILY CHILDCARE HOMES 24 |
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143 | 143 | | Tier One Tier Two Tier Three Tier Four Tier Five 25 |
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144 | 144 | | Infant/Toddler $289 $305 $321 $337 $353 26 |
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145 | 145 | | Preschool $250 $257 $265 $273 $280 27 |
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146 | 146 | | School-Age $238 $241 $244 $247 $250 28 |
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147 | 147 | | The reimbursement rates for licensed family childcare providers paid by the department of 29 |
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148 | 148 | | human services, and the department of children, youth and families are determined through 30 |
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149 | 149 | | collective bargaining. The reimbursement rates for infant/toddler and preschool age children paid 31 |
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150 | 150 | | to licensed family childcare providers by both departments is implemented in a tiered manner that 32 |
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151 | 151 | | reflects the quality rating the provider has achieved in accordance with § 42-12-23.1. 33 |
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152 | 152 | | (b) Beginning July 1, 2023, childcare providers serving infants under age eighteen (18) 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC000592 - Page 5 of 12 |
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156 | 156 | | months who are receiving childcare assistance shall be paid a differential bonus infant weekly rate 1 |
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157 | 157 | | by the department of human services and the department of children, youth, and families to cover 2 |
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158 | 158 | | the costs associated with the required staff: child ratio for infants under age eighteen (18) months 3 |
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159 | 159 | | when compared to the required staff: child ratio for toddlers ages eighteen (18) months to age three 4 |
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160 | 160 | | (3). This weekly differential bonus rate shall range from one hundred thirty-two dollars and fifty 5 |
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161 | 161 | | cents ($132.50) to one hundred fifty dollars ($150) per week for each infant under eighteen (18) 6 |
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162 | 162 | | months added on to the infant/toddler reimbursement rate. 7 |
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163 | 163 | | (c) By June 30, 2024, and biennially through June 30, 2034, the department of labor and 8 |
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164 | 164 | | training shall conduct an independent survey or certify an independent survey of the then-current 9 |
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165 | 165 | | weekly market rates for childcare in Rhode Island and shall forward the weekly market rate survey 10 |
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166 | 166 | | to the department of human services. The next survey shall be conducted by June 30, 2036, and 11 |
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167 | 167 | | triennially thereafter. The departments of human services and labor and training will jointly 12 |
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168 | 168 | | determine the survey criteria including, but not limited to, rate categories and sub-categories. 13 |
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169 | 169 | | (d) In order to expand the accessibility and availability of quality childcare, the department 14 |
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170 | 170 | | of human services is authorized to establish, by regulation, alternative or incentive rates of 15 |
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171 | 171 | | reimbursement for quality enhancements, innovative or specialized childcare, and alternative 16 |
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172 | 172 | | methodologies of childcare delivery, including nontraditional delivery systems and collaborations. 17 |
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173 | 173 | | (e) Effective January 1, 2027, all childcare providers have the option to be paid every two 18 |
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174 | 174 | | (2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of 19 |
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175 | 175 | | reimbursement payments. 20 |
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176 | 176 | | SECTION 2. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The Rhode 21 |
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177 | 177 | | Island Works Program" is hereby repealed. 22 |
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178 | 178 | | 40-5.2-20. Childcare assistance — Families or assistance units eligible. 23 |
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179 | 179 | | (a) The department shall provide appropriate child care to every participant who is eligible 24 |
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180 | 180 | | for cash assistance and who requires child care in order to meet the work requirements in 25 |
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181 | 181 | | accordance with this chapter. 26 |
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182 | 182 | | (b) Low-income child care. The department shall provide child care to all other working 27 |
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183 | 183 | | families with incomes at or below two hundred percent (200%) of the federal poverty level if, and 28 |
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184 | 184 | | to the extent, these other families require child care in order to work at paid employment as defined 29 |
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185 | 185 | | in the department’s rules and regulations. The department shall also provide child care to families 30 |
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186 | 186 | | with incomes below two hundred percent (200%) of the federal poverty level if, and to the extent, 31 |
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187 | 187 | | these families require child care to participate on a short-term basis, as defined in the department’s 32 |
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188 | 188 | | rules and regulations, in training, apprenticeship, internship, on-the-job training, work experience, 33 |
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189 | 189 | | work immersion, or other job-readiness/job-attachment program sponsored or funded by the human 34 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LC000592 - Page 6 of 12 |
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193 | 193 | | resource investment council (governor’s workforce board) or state agencies that are part of the 1 |
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194 | 194 | | coordinated program system pursuant to § 42-102-11. Effective from January 1, 2021, through June 2 |
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195 | 195 | | 30, 2022, the department shall also provide childcare assistance to families with incomes below 3 |
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196 | 196 | | one hundred eighty percent (180%) of the federal poverty level when such assistance is necessary 4 |
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197 | 197 | | for a member of these families to enroll or maintain enrollment in a Rhode Island public institution 5 |
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198 | 198 | | of higher education provided that eligibility to receive funding is capped when expenditures reach 6 |
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199 | 199 | | $200,000 for this provision. Effective July 1, 2022, the department shall also provide childcare 7 |
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200 | 200 | | assistance to families with incomes below two hundred percent (200%) of the federal poverty level 8 |
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201 | 201 | | when such assistance is necessary for a member of these families to enroll or maintain enrollment 9 |
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202 | 202 | | in a Rhode Island public institution of higher education. 10 |
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203 | 203 | | (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if 11 |
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204 | 204 | | the combined value of its liquid resources exceeds one million dollars ($1,000,000), which 12 |
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205 | 205 | | corresponds to the amount permitted by the federal government under the state plan and set forth 13 |
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206 | 206 | | in the administrative rulemaking process by the department. Liquid resources are defined as any 14 |
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207 | 207 | | interest(s) in property in the form of cash or other financial instruments or accounts that are readily 15 |
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208 | 208 | | convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit 16 |
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209 | 209 | | union, or other financial institution savings, checking, and money market accounts; certificates of 17 |
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210 | 210 | | deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments 18 |
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211 | 211 | | or accounts. These do not include educational savings accounts, plans, or programs; retirement 19 |
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212 | 212 | | accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse. 20 |
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213 | 213 | | The department is authorized to promulgate rules and regulations to determine the ownership and 21 |
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214 | 214 | | source of the funds in the joint account. 22 |
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215 | 215 | | (d) As a condition of eligibility for childcare assistance under this chapter, the parent or 23 |
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216 | 216 | | caretaker relative of the family must consent to, and must cooperate with, the department in 24 |
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217 | 217 | | establishing paternity, and in establishing and/or enforcing child support and medical support 25 |
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218 | 218 | | orders for any children in the family receiving appropriate child care under this section in 26 |
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219 | 219 | | accordance with the applicable sections of title 15, as amended, unless the parent or caretaker 27 |
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220 | 220 | | relative is found to have good cause for refusing to comply with the requirements of this subsection. 28 |
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221 | 221 | | (e) For purposes of this section, “appropriate child care” means child care, including infant, 29 |
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222 | 222 | | toddler, preschool, nursery school, and school-age, that is provided by a person or organization 30 |
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223 | 223 | | qualified, approved, and authorized to provide the care by the state agency or agencies designated 31 |
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224 | 224 | | to make the determinations in accordance with the provisions set forth herein. 32 |
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225 | 225 | | (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal 33 |
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226 | 226 | | poverty level guidelines shall be provided with free child care. Families with incomes greater than 34 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LC000592 - Page 7 of 12 |
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230 | 230 | | one hundred percent (100%) and less than two hundred percent (200%) of the applicable federal 1 |
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231 | 231 | | poverty guideline shall be required to pay for some portion of the child care they receive, according 2 |
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232 | 232 | | to a sliding-fee scale adopted by the department in the department’s rules, not to exceed seven 3 |
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233 | 233 | | percent (7%) of income as defined in subsection (h) of this section. 4 |
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234 | 234 | | (2) Families who are receiving childcare assistance and who become ineligible for 5 |
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235 | 235 | | childcare assistance as a result of their incomes exceeding two hundred percent (200%) of the 6 |
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236 | 236 | | applicable federal poverty guidelines shall continue to be eligible for childcare assistance until their 7 |
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237 | 237 | | incomes exceed three hundred percent (300%) of the applicable federal poverty guidelines. To be 8 |
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238 | 238 | | eligible, the families must continue to pay for some portion of the child care they receive, as 9 |
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239 | 239 | | indicated in a sliding-fee scale adopted in the department’s rules, not to exceed seven percent (7%) 10 |
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240 | 240 | | of income as defined in subsection (h) of this section, and in accordance with all other eligibility 11 |
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241 | 241 | | standards. 12 |
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242 | 242 | | (g) In determining the type of child care to be provided to a family, the department shall 13 |
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243 | 243 | | take into account the cost of available childcare options; the suitability of the type of care available 14 |
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244 | 244 | | for the child; and the parent’s preference as to the type of child care. 15 |
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245 | 245 | | (h) For purposes of this section, “income” for families receiving cash assistance under § 16 |
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246 | 246 | | 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in 17 |
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247 | 247 | | §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and 18 |
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248 | 248 | | unearned income as determined by departmental regulations. 19 |
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249 | 249 | | (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast 20 |
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250 | 250 | | the expenditures for child care in accordance with the provisions of § 35-17-1. 21 |
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251 | 251 | | (j) In determining eligibility for childcare assistance for children of members of reserve 22 |
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252 | 252 | | components called to active duty during a time of conflict, the department shall freeze the family 23 |
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253 | 253 | | composition and the family income of the reserve component member as it was in the month prior 24 |
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254 | 254 | | to the month of leaving for active duty. This shall continue until the individual is officially 25 |
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255 | 255 | | discharged from active duty. 26 |
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256 | 256 | | SECTION 3. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled "Child 27 |
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257 | 257 | | Care — State Subsidies" is hereby repealed. 28 |
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258 | 258 | | 40-6.2-1.1. Rates established. 29 |
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259 | 259 | | (a) Through June 30, 2015, subject to the payment limitations in subsection (c), the 30 |
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260 | 260 | | maximum reimbursement rates to be paid by the departments of human services and children, youth 31 |
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261 | 261 | | and families for licensed childcare centers and licensed family childcare providers shall be based 32 |
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262 | 262 | | on the following schedule of the 75th percentile of the 2002 weekly market rates adjusted for the 33 |
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263 | 263 | | average of the 75th percentile of the 2002 and the 2004 weekly market rates: 34 |
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264 | 264 | | |
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265 | 265 | | |
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266 | 266 | | LC000592 - Page 8 of 12 |
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267 | 267 | | Licensed Childcare Centers 75th Percentile of Weekly 1 |
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268 | 268 | | Market Rate 2 |
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269 | 269 | | Infant $182.00 3 |
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270 | 270 | | Preschool $150.00 4 |
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271 | 271 | | School-Age $135.00 5 |
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272 | 272 | | Licensed Family Childcare 75th Percentile of Weekly 6 |
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273 | 273 | | Providers Market Rate 7 |
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274 | 274 | | Infant $150.00 8 |
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275 | 275 | | Preschool $150.00 9 |
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276 | 276 | | School-Age $135.00 10 |
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277 | 277 | | Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum 11 |
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278 | 278 | | reimbursement rates to be paid by the departments of human services and children, youth and 12 |
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279 | 279 | | families for licensed childcare centers and licensed family childcare providers shall be based on the 13 |
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280 | 280 | | above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average of 14 |
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281 | 281 | | the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased by 15 |
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282 | 282 | | ten dollars ($10.00) per week for infant/toddler care provided by licensed family childcare 16 |
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283 | 283 | | providers and license-exempt providers and then the rates for all providers for all age groups shall 17 |
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284 | 284 | | be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare 18 |
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285 | 285 | | centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty-19 |
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286 | 286 | | four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one 20 |
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287 | 287 | | cents ($161.71) for preschool-age children. 21 |
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288 | 288 | | (b) Effective July l, 2018, subject to the payment limitations in subsection (c), the 22 |
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289 | 289 | | maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of 23 |
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290 | 290 | | human services and children, youth and families for licensed childcare centers shall be 24 |
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291 | 291 | | implemented in a tiered manner, reflective of the quality rating the provider has achieved within 25 |
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292 | 292 | | the state’s quality rating system outlined in § 42-12-23.1. 26 |
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293 | 293 | | (1) For infant/toddler child care, tier one shall be reimbursed two and one-half percent 27 |
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294 | 294 | | (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above 28 |
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295 | 295 | | the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY 29 |
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296 | 296 | | 2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly 30 |
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297 | 297 | | amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly 31 |
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298 | 298 | | amount. 32 |
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299 | 299 | | (2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half 33 |
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300 | 300 | | (2.5%) percent above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) 34 |
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301 | 301 | | |
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302 | 302 | | |
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303 | 303 | | LC000592 - Page 9 of 12 |
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304 | 304 | | above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY 1 |
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305 | 305 | | 2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018 2 |
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306 | 306 | | weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018 3 |
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307 | 307 | | weekly amount. 4 |
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308 | 308 | | (c) [Deleted by P.L. 2019, ch. 88, art. 13, § 4.] 5 |
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309 | 309 | | (d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and 6 |
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310 | 310 | | training shall conduct an independent survey or certify an independent survey of the then-current 7 |
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311 | 311 | | weekly market rates for child care in Rhode Island and shall forward the weekly market rate survey 8 |
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312 | 312 | | to the department of human services. The next survey shall be conducted by June 30, 2016, and 9 |
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313 | 313 | | triennially thereafter. The departments of human services and labor and training will jointly 10 |
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314 | 314 | | determine the survey criteria including, but not limited to, rate categories and sub-categories. 11 |
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315 | 315 | | (e) In order to expand the accessibility and availability of quality child care, the department 12 |
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316 | 316 | | of human services is authorized to establish, by regulation, alternative or incentive rates of 13 |
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317 | 317 | | reimbursement for quality enhancements, innovative or specialized child care, and alternative 14 |
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318 | 318 | | methodologies of childcare delivery, including nontraditional delivery systems and collaborations. 15 |
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319 | 319 | | (f) Effective January 1, 2007, all childcare providers have the option to be paid every two 16 |
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320 | 320 | | (2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of 17 |
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321 | 321 | | reimbursement payments. 18 |
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322 | 322 | | (g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by 19 |
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323 | 323 | | the departments of human services and children, youth and families for licensed family childcare 20 |
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324 | 324 | | providers shall be implemented in a tiered manner, reflective of the quality rating the provider has 21 |
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325 | 325 | | achieved within the state’s quality rating system outlined in § 42-12-23.1. Tier one shall be 22 |
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326 | 326 | | reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three 23 |
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327 | 327 | | percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the 24 |
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328 | 328 | | prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the 25 |
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329 | 329 | | prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base 26 |
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330 | 330 | | rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier 27 |
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331 | 331 | | five shall be reimbursed twenty-three percent (23%) above the prevailing base rate. 28 |
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332 | 332 | | (h) Through December 31, 2021, the maximum reimbursement rates paid by the 29 |
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333 | 333 | | departments of human services, and children, youth and families to licensed childcare centers shall 30 |
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334 | 334 | | be consistent with the enhanced emergency rates provided as of June 1, 2021, as follows: 31 |
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335 | 335 | | Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 32 |
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336 | 336 | | Infant/Toddler $257.54 $257.54 $257.54 $257.54 $273.00 33 |
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337 | 337 | | Preschool Age $195.67 $195.67 $195.67 $195.67 $260.00 34 |
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338 | 338 | | |
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339 | 339 | | |
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340 | 340 | | LC000592 - Page 10 of 12 |
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341 | 341 | | School Age $200.00 $200.00 $200.00 $200.00 $245.00 1 |
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342 | 342 | | 2 |
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343 | 343 | | The maximum reimbursement rates paid by the departments of human services, and 3 |
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344 | 344 | | children, youth and families to licensed family childcare providers shall be consistent with the 4 |
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345 | 345 | | enhanced emergency rates provided as of June 1, 2021, as follows: 5 |
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346 | 346 | | Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 6 |
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347 | 347 | | Infant/Toddler $224.43 $224.43 $224.43 $224.43 $224.43 7 |
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348 | 348 | | Preschool Age $171.45 $171.45 $171.45 $171.45 $171.45 8 |
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349 | 349 | | School Age $162.30 $162.30 $162.30 $162.30 $162.30 9 |
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350 | 350 | | 10 |
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351 | 351 | | (i) Effective January 1, 2022, the maximum reimbursement rates to be paid by the 11 |
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352 | 352 | | departments of human services and children, youth and families for licensed childcare centers shall 12 |
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353 | 353 | | be implemented in a tiered manner, reflective of the quality rating the provider has achieved within 13 |
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354 | 354 | | the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be 14 |
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355 | 355 | | reimbursed as follows: 15 |
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356 | 356 | | Licensed Childcare Centers 16 |
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357 | 357 | | Tier One Tier Two Tier Three Tier Four Tier Five 17 |
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358 | 358 | | Infant/Toddler $236.36 $244.88 $257.15 $268.74 $284.39 18 |
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359 | 359 | | Preschool $207.51 $212.27 $218.45 $223.50 $231.39 19 |
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360 | 360 | | School-Age $180.38 $182.77 $185.17 $187.57 $189.97 20 |
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361 | 361 | | The maximum reimbursement rates for licensed family childcare providers paid by the 21 |
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362 | 362 | | departments of human services, and children, youth and families is determined through collective 22 |
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363 | 363 | | bargaining. The maximum reimbursement rates for infant/toddler and preschool age children paid 23 |
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364 | 364 | | to licensed family childcare providers by both departments is implemented in a tiered manner that 24 |
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365 | 365 | | reflects the quality rating the provider has achieved in accordance with § 42-12-23.1. 25 |
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366 | 366 | | (j) Effective July 1, 2022, the maximum reimbursement rates to be paid by the departments 26 |
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367 | 367 | | of human services and children, youth and families for licensed childcare centers shall be 27 |
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368 | 368 | | implemented in a tiered manner, reflective of the quality rating the provider has achieved within 28 |
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369 | 369 | | the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be 29 |
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370 | 370 | | reimbursed as follows: 30 |
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371 | 371 | | Licensed Childcare Centers 31 |
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372 | 372 | | Tier One Tier Two Tier Three Tier Four Tier Five 32 |
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373 | 373 | | Infant/Toddler $265 $270 $282 $289 $300 33 |
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374 | 374 | | Infant/Toddler $225 $235 $243 $250 $260 34 |
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375 | 375 | | |
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376 | 376 | | |
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377 | 377 | | LC000592 - Page 11 of 12 |
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378 | 378 | | School-Age $200 $205 $220 $238 $250 1 |
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379 | 379 | | 2 |
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380 | 380 | | SECTION 4. This act shall take effect on July 1, 2023. 3 |
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381 | 381 | | ======== |
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382 | 382 | | LC000592 |
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383 | 383 | | ======== |
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384 | 384 | | |
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385 | 385 | | |
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386 | 386 | | LC000592 - Page 12 of 12 |
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387 | 387 | | EXPLANATION |
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388 | 388 | | BY THE LEGISLATIVE COUNCIL |
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389 | 389 | | OF |
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390 | 390 | | A N A C T |
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391 | 391 | | RELATING TO HUMAN SERVICES -- RHODE ISLAND CHILDCA RE ESSENTIAL ACT |
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392 | 392 | | *** |
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393 | 393 | | This act would create the Rhode Island Childcare Assistance Program that governs both 1 |
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394 | 394 | | family eligibility for the state’s childcare subsidy program and the rates paid to childcare providers 2 |
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395 | 395 | | serving families receiving a subsidy. The act would expand eligibility for the program to meet the 3 |
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396 | 396 | | federal eligibility benchmark so that families with incomes at or below eighty-five percent (85%) 4 |
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397 | 397 | | of the state median income would be eligible. The act would allow families to continue eligibility 5 |
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398 | 398 | | until their income exceeds one hundred percent (100%) of the state median income and would make 6 |
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399 | 399 | | participation in the state’s child support enforcement program voluntary for the childcare subsidy. 7 |
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400 | 400 | | The act would also increase the tiered rates of reimbursement paid for licensed childcare centers to 8 |
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401 | 401 | | meet or exceed the federal equal access benchmark and implement a new differential bonus rate 9 |
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402 | 402 | | for infants under age eighteen (18) months to cover higher staffing costs for this age group. 10 |
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403 | 403 | | This act would take effect on July 1, 2023. 11 |
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405 | 405 | | LC000592 |
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