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5 | 5 | | 2025 -- S 0240 |
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6 | 6 | | ======== |
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7 | 7 | | LC000920 |
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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. 2025 |
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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 IS ESSENTIAL ACT |
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16 | 16 | | Introduced By: Senators Vargas, Mack, DiMario, Murray, DiPalma, Lawson, Gallo, |
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17 | 17 | | Urso, and Bissaillon |
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18 | 18 | | Date Introduced: February 13, 2025 |
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19 | 19 | | Referred To: Senate Education |
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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. Legislative findings. 1 |
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24 | 24 | | The general assembly finds that: 2 |
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25 | 25 | | (1) Access to affordable, high-quality childcare is essential to support labor force 3 |
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26 | 26 | | participation of parents with children from infancy through age twelve (12) years and to maximize 4 |
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27 | 27 | | the economic productivity of the state. 5 |
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28 | 28 | | (2) Access to affordable, high-quality childcare is essential for all parents to achieve 6 |
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29 | 29 | | economic security and independence, particularly for mothers who often have lower lifetime 7 |
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30 | 30 | | earnings because they earn lower wages, work reduced hours, and take longer breaks from work in 8 |
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31 | 31 | | order to care for children. 9 |
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32 | 32 | | (3) High-quality childcare programs, staffed by qualified and effective educators, are 10 |
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33 | 33 | | essential for children to promote healthy development and optimize learning during early childhood 11 |
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34 | 34 | | and school-age years. 12 |
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35 | 35 | | (4) A landmark report by the Institute of Medicine and National Research Council found 13 |
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36 | 36 | | that children begin learning at birth and the adults that provide for the care and education of children 14 |
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37 | 37 | | bear a great responsibility for their health, development, and learning -- setting the critical 15 |
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38 | 38 | | foundation for lifelong progress. The report recommends that states work to increase the 16 |
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39 | 39 | | qualifications and compensation of childcare educators, including those who care for infants and 17 |
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40 | 40 | | toddlers. 18 |
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41 | 41 | | (5) Childcare educators are among the lowest paid workers in Rhode Island. In 2023, the 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000920 - Page 2 of 13 |
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45 | 45 | | median wage of a childcare educator in Rhode Island was sixteen dollars and ninety-one cents 1 |
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46 | 46 | | ($16.91) per hour. 2 |
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47 | 47 | | (6) The U.S. Department of Health and Human Services provides significant funding to 3 |
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48 | 48 | | Rhode Island through the Child Care and Development Block Grant and has established clear 4 |
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49 | 49 | | guidelines for setting rates that provide low-income families with "equal access" to the childcare 5 |
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50 | 50 | | market as required under federal law. The "equal access" guideline is to pay rates equal to or above 6 |
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51 | 51 | | the seventy-fifth percentile of a recent market rate survey. 7 |
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52 | 52 | | (7) The Rhode Island Governor’s Workforce Board recommends that Rhode Island pay 8 |
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53 | 53 | | child care rates that meet or exceed the equal access standard as a first step to support program 9 |
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54 | 54 | | quality and to improved wages and retention of child care educators. As of 2024, there were 10 |
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55 | 55 | | seventeen (17) states that met or exceeded the equal access standard, including New York and 11 |
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56 | 56 | | Vermont. Rhode Island’s base rate for infant care in a licensed child care center was at the 5th 12 |
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57 | 57 | | percentile of the 2024 market rate survey, well below the 75th percentile equal access standard. 13 |
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58 | 58 | | (8) 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 | | (9) The Federal Child Care and Development Block Grant focuses on helping lower income 20 |
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65 | 65 | | families access child care, limiting the use of federal funds to families with incomes at or below 21 |
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66 | 66 | | eighty-five percent (85%) of the state median income ($106,529) for a family of four in Rhode 22 |
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67 | 67 | | Island in Federal Fiscal Year 2025), and allows states to waive this limit for children who are 23 |
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68 | 68 | | members of a protected population such as children in foster care. As of 2024, there were sixteen 24 |
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69 | 69 | | (16) states that set family income eligibility limits at or above eight-five percent (85%) of state 25 |
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70 | 70 | | median income, including Maine, New Hampshire, New York and Vermont. 26 |
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71 | 71 | | SECTION 2. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby 27 |
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72 | 72 | | amended by adding thereto the following chapter: 28 |
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73 | 73 | | CHAPTER 6.7 29 |
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74 | 74 | | RHODE ISLAND CHILDCARE IS ESSENTIAL ACT 30 |
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75 | 75 | | 40-6.7-1. Childcare assistance - Families or assistance units eligible. 31 |
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76 | 76 | | (a) The department of human services shall provide appropriate childcare to every 32 |
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77 | 77 | | participant who is eligible for cash assistance and who requires childcare in order to meet the work 33 |
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78 | 78 | | requirements in accordance with this chapter. 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000920 - Page 3 of 13 |
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82 | 82 | | (b) Low-income childcare. The department shall provide childcare to all other families with 1 |
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83 | 83 | | incomes at or below eighty-five percent (85%) of the state median income, the low-income family 2 |
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84 | 84 | | eligibility benchmark in the federal Childcare and Development Block Grant if, and to the extent, 3 |
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85 | 85 | | these other families require childcare in order to work at paid employment and/or to participate in 4 |
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86 | 86 | | training, apprenticeship, internship, on-the-job training, work experience, work immersion, or other 5 |
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87 | 87 | | job-readiness/job- attachment programs sponsored or funded by the human resource investment 6 |
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88 | 88 | | council (governor's workforce board) or state agencies that are part of the coordinated program 7 |
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89 | 89 | | system pursuant to § 42-102-11. The department shall also provide childcare assistance to families 8 |
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90 | 90 | | with incomes below eighty-five percent (85%) of the state median income when such assistance is 9 |
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91 | 91 | | necessary for a member of these families to enroll or maintain enrollment in a Rhode Island public 10 |
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92 | 92 | | institution of higher education. 11 |
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93 | 93 | | (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if 12 |
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94 | 94 | | the combined value of its liquid resources exceeds one million dollars ($1,000,000), which 13 |
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95 | 95 | | corresponds to the amount permitted by the federal government under the state plan and set forth 14 |
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96 | 96 | | in the administrative rulemaking process by the department. As used in this section "liquid 15 |
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97 | 97 | | resources" means any interest(s) in property in the form of cash or other financial instruments or 16 |
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98 | 98 | | accounts that are readily convertible to cash or cash equivalents. These resources include, but are 17 |
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99 | 99 | | not limited to: cash, bank, credit union, or other financial institution savings, checking, and money 18 |
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100 | 100 | | market accounts; certificates of deposit or other time deposits; stocks; bonds; mutual funds; and 19 |
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101 | 101 | | other similar financial instruments or accounts. These resources do not include educational savings 20 |
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102 | 102 | | accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held jointly with 21 |
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103 | 103 | | another adult, not including a spouse. The department is authorized to promulgate rules and 22 |
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104 | 104 | | regulations to determine the ownership and source of the funds in the joint account. 23 |
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105 | 105 | | (d) The parent or caretaker relative of any family applying for childcare assistance may 24 |
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106 | 106 | | voluntarily access the state’s office of child support services for assistance in locating the non-25 |
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107 | 107 | | custodial parent, establishing parentage, establishing a child support and/or medical order, and 26 |
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108 | 108 | | enforcement of the order, but this shall not be a requirement to qualify for or access childcare 27 |
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109 | 109 | | assistance. 28 |
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110 | 110 | | (e) For purposes of this section, "appropriate childcare" means childcare, including infant, 29 |
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111 | 111 | | toddler, preschool, nursery school, and school age, that is provided by a person or organization 30 |
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112 | 112 | | qualified, approved, and authorized to provide the care by the state agency or agencies designated 31 |
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113 | 113 | | to make the determinations in accordance with the provisions set forth in this section. 32 |
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114 | 114 | | (f)(1) Families with incomes at or below one hundred percent (100%) of the applicable 33 |
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115 | 115 | | federal poverty level guidelines shall be provided with free childcare. Families with incomes 34 |
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116 | 116 | | |
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117 | 117 | | |
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118 | 118 | | LC000920 - Page 4 of 13 |
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119 | 119 | | greater than one hundred percent (100%) of the applicable federal poverty guideline shall be 1 |
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120 | 120 | | required to pay for some portion of the childcare they receive, according to a sliding-fee scale 2 |
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121 | 121 | | adopted by the department in the department's rules, not to exceed seven percent (7%) of income 3 |
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122 | 122 | | as defined in subsection (h) of this section. 4 |
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123 | 123 | | (2) Families who are receiving childcare assistance and who become ineligible for 5 |
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124 | 124 | | childcare assistance as a result of their incomes exceeding eighty-five percent (85%) of state 6 |
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125 | 125 | | median income shall continue to be eligible for childcare assistance until their incomes exceeds 7 |
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126 | 126 | | one hundred percent (100%) of the state median income. To be eligible, the families must continue 8 |
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127 | 127 | | to pay for some portion of the childcare they receive, as indicated in a sliding-fee scale adopted in 9 |
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128 | 128 | | the department's rules, not to exceed seven percent (7%) of income as defined in subsection (h) of 10 |
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129 | 129 | | this section, and in accordance with other eligibility standards. 11 |
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130 | 130 | | (g) In determining the type of childcare to be provided to a family, the department shall 12 |
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131 | 131 | | take into account the cost of available childcare options, the suitability of the type of care available 13 |
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132 | 132 | | for the child; and the parent's preference as to the type of childcare. 14 |
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133 | 133 | | (h) For purposes of this section, “income” for families receiving cash assistance under §§ 15 |
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134 | 134 | | 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned, and 16 |
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135 | 135 | | unearned income as determined by departmental regulations. 17 |
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136 | 136 | | (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast 18 |
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137 | 137 | | the expenditures for childcare in accordance with the provisions of § 35-17-1. 19 |
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138 | 138 | | (j) In determining eligibility for childcare assistance for children of members of reserve 20 |
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139 | 139 | | components called to active duty during a time of conflict, the department shall freeze the family 21 |
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140 | 140 | | composition and the family income of the reserve component member as it was in the month prior 22 |
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141 | 141 | | to the month of leaving for active duty. This freeze shall continue until the individual is officially 23 |
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142 | 142 | | discharged from active duty. 24 |
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143 | 143 | | 40-6.7-2. Childcare assistance - Rates established. 25 |
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144 | 144 | | (a) Effective July 1, 2025, the rates to be paid by the department of human services and the 26 |
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145 | 145 | | department of children, youth and families for licensed childcare centers and family childcare 27 |
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146 | 146 | | homes shall be updated to reflect findings from the 2024 Rhode Island childcare market rate survey 28 |
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147 | 147 | | and shall be implemented in a tiered manner, reflective of the quality rating the provider has 29 |
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148 | 148 | | achieved within the state's quality rating system outlined in § 42-12-23.1. All rates shall meet or 30 |
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149 | 149 | | exceed the federal equal access benchmark (seventy-fifth percentile of the most recent Rhode Island 31 |
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150 | 150 | | childcare market rate survey) and programs that have achieved a high-quality rating shall be paid 32 |
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151 | 151 | | rates at or above the ninetieth percentile of the most recent Rhode Island childcare market rate 33 |
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152 | 152 | | survey. Weekly rates shall be paid as follows: 34 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | LC000920 - Page 5 of 13 |
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156 | 156 | | LICENSED CHILDCARE CENTERS & FAMILY CHILDCARE HOMES 1 |
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157 | 157 | | Tier One Tier Two Tier Three Tier Four Tier Five 2 |
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158 | 158 | | Infant/Toddler $356 $363 $371 $378 $385 3 |
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159 | 159 | | Preschool $312 $320 $329 $337 $345 4 |
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160 | 160 | | School-Age $280 $287 $295 $303 $310 5 |
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161 | 161 | | The rates for licensed family childcare providers paid by the department of human services, 6 |
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162 | 162 | | and the department of children, youth and families are determined through collective bargaining. 7 |
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163 | 163 | | The rates for infant/toddler and preschool age children paid to licensed family childcare providers 8 |
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164 | 164 | | by both departments is implemented in a tiered manner that reflects the quality rating the provider 9 |
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165 | 165 | | has achieved in accordance with § 42-12-23.1. 10 |
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166 | 166 | | (b) Beginning July 1, 2025, childcare providers serving infants under age eighteen (18) 11 |
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167 | 167 | | months who are receiving childcare assistance shall be paid an additional infant bonus rate equal 12 |
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168 | 168 | | to fifty percent (50%) of the toddler rate by the department of human services and the department 13 |
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169 | 169 | | of children, youth, and families to help stabilize and expand access to quality infant care and to 14 |
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170 | 170 | | help cover the costs associated with the required staff: child ratio for infants under age eighteen 15 |
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171 | 171 | | (18) months. 16 |
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172 | 172 | | (c) By June 30, 2027, and triennially thereafter, the department of human services in 17 |
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173 | 173 | | consultation with the department of labor and training shall conduct an independent survey or 18 |
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174 | 174 | | certify an independent survey of the then-current weekly market rates for childcare in Rhode Island 19 |
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175 | 175 | | and shall post the findings from the market rate survey on the department's public website. The 20 |
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176 | 176 | | departments of human services and labor and training will jointly determine the survey criteria 21 |
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177 | 177 | | including, but not limited to, rate categories and sub-categories. 22 |
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178 | 178 | | (d) In order to expand the accessibility and availability of quality childcare, the department 23 |
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179 | 179 | | of human services is authorized to establish, by regulation, alternative or incentive rates for quality 24 |
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180 | 180 | | enhancements, innovative or specialized childcare, and alternative methodologies of childcare 25 |
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181 | 181 | | delivery, including nontraditional delivery systems and collaborations. 26 |
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182 | 182 | | (e) All childcare providers have the option to be paid every two (2) weeks and have the 27 |
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183 | 183 | | option of automatic direct deposit and/or electronic funds transfer of payments. 28 |
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184 | 184 | | (f) Effective July 1, 2025, full-time childcare assistance payment rates cover thirty (30) to 29 |
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185 | 185 | | forty-five (45) hours of care per week. Any child needing forty-five (45) to sixty (60) hours of care 30 |
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186 | 186 | | per week will be paid at a super full-time rate of at least ten dollars ($10) per hour. No child will 31 |
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187 | 187 | | be enrolled in the Childcare Assistance Program for more than sixty (60) hours per week. 32 |
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188 | 188 | | (g) Effective January 1, 2026, all childcare assistance payments to childcare providers shall 33 |
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189 | 189 | | be paid prospectively, on or before the Friday preceding the beginning of the childcare service 34 |
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190 | 190 | | |
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191 | 191 | | |
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192 | 192 | | LC000920 - Page 6 of 13 |
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193 | 193 | | period, based on children’s authorized enrollment. 1 |
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194 | 194 | | (h) Effective January 1, 2026 and annually thereafter, the department of human services 2 |
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195 | 195 | | shall pay a registration fee for each child enrolled in the childcare assistance program to the 3 |
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196 | 196 | | childcare centers where the children are enrolled. The per child registration fee for childcare centers 4 |
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197 | 197 | | shall be equivalent to the per child annual registration fees paid to family childcare providers. 5 |
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198 | 198 | | SECTION 3. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The Rhode 6 |
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199 | 199 | | Island Works Program" is hereby repealed. 7 |
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200 | 200 | | 40-5.2-20. Childcare assistance — Families or assistance units eligible. [Effective 8 |
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201 | 201 | | January 1, 2025.] 9 |
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202 | 202 | | (a) The department shall provide appropriate child care to every participant who is eligible 10 |
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203 | 203 | | for cash assistance and who requires child care in order to meet the work requirements in 11 |
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204 | 204 | | accordance with this chapter. 12 |
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205 | 205 | | (b) Low-income child care. The department shall provide child care to all other working 13 |
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206 | 206 | | families with incomes at or below two hundred sixty-one percent (261%) of the federal poverty 14 |
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207 | 207 | | level if, and to the extent, these other families require child care in order to work at paid 15 |
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208 | 208 | | employment as defined in the department’s rules and regulations. The department shall also provide 16 |
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209 | 209 | | child care to families with incomes below two hundred sixty-one percent (261%) of the federal 17 |
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210 | 210 | | poverty level if, and to the extent, these families require child care to participate on a short-term 18 |
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211 | 211 | | basis, as defined in the department’s rules and regulations, in training, apprenticeship, internship, 19 |
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212 | 212 | | on-the-job training, work experience, work immersion, or other job-readiness/job-attachment 20 |
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213 | 213 | | program sponsored or funded by the human resource investment council (governor’s workforce 21 |
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214 | 214 | | board) or state agencies that are part of the coordinated program system pursuant to § 42-102-11. 22 |
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215 | 215 | | Effective from January 1, 2021, through June 30, 2022, the department shall also provide childcare 23 |
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216 | 216 | | assistance to families with incomes below one hundred eighty percent (180%) of the federal poverty 24 |
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217 | 217 | | level when such assistance is necessary for a member of these families to enroll or maintain 25 |
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218 | 218 | | enrollment in a Rhode Island public institution of higher education provided that eligibility to 26 |
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219 | 219 | | receive funding is capped when expenditures reach $200,000 for this provision. Effective July 1, 27 |
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220 | 220 | | 2022 through December 31, 2024, the department shall also provide childcare assistance to families 28 |
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221 | 221 | | with incomes below two hundred percent (200%) of the federal poverty level when such assistance 29 |
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222 | 222 | | is necessary for a member of these families to enroll or maintain enrollment in a Rhode Island 30 |
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223 | 223 | | public institution of higher education. Effective January 1, 2025, the department shall also provide 31 |
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224 | 224 | | childcare assistance to families with incomes below two hundred sixty-one percent (261%) of the 32 |
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225 | 225 | | federal poverty level when such assistance is necessary for a member of these families to enroll or 33 |
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226 | 226 | | maintain enrollment in a Rhode Island public institution of higher education. 34 |
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227 | 227 | | |
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228 | 228 | | |
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229 | 229 | | LC000920 - Page 7 of 13 |
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230 | 230 | | (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if 1 |
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231 | 231 | | the combined value of its liquid resources exceeds one million dollars ($1,000,000), which 2 |
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232 | 232 | | corresponds to the amount permitted by the federal government under the state plan and set forth 3 |
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233 | 233 | | in the administrative rulemaking process by the department. Liquid resources are defined as any 4 |
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234 | 234 | | interest(s) in property in the form of cash or other financial instruments or accounts that are readily 5 |
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235 | 235 | | convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit 6 |
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236 | 236 | | union, or other financial institution savings, checking, and money market accounts; certificates of 7 |
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237 | 237 | | deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments 8 |
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238 | 238 | | or accounts. These do not include educational savings accounts, plans, or programs; retirement 9 |
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239 | 239 | | accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse. 10 |
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240 | 240 | | The department is authorized to promulgate rules and regulations to determine the ownership and 11 |
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241 | 241 | | source of the funds in the joint account. 12 |
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242 | 242 | | (d) As a condition of eligibility for childcare assistance under this chapter, the parent or 13 |
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243 | 243 | | caretaker relative of the family must consent to, and must cooperate with, the department in 14 |
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244 | 244 | | establishing paternity, and in establishing and/or enforcing child support and medical support 15 |
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245 | 245 | | orders for any children in the family receiving appropriate child care under this section in 16 |
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246 | 246 | | accordance with the applicable sections of title 15, as amended, unless the parent or caretaker 17 |
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247 | 247 | | relative is found to have good cause for refusing to comply with the requirements of this subsection. 18 |
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248 | 248 | | (e) For purposes of this section, “appropriate child care” means child care, including infant, 19 |
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249 | 249 | | toddler, preschool, nursery school, and school-age, that is provided by a person or organization 20 |
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250 | 250 | | qualified, approved, and authorized to provide the care by the state agency or agencies designated 21 |
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251 | 251 | | to make the determinations in accordance with the provisions set forth herein. 22 |
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252 | 252 | | (f)(1) Families with incomes below one hundred percent (100%) of the applicable federal 23 |
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253 | 253 | | poverty level guidelines shall be provided with free child care. Families with incomes greater than 24 |
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254 | 254 | | one hundred percent (100%) and less than two hundred percent (200%) of the applicable federal 25 |
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255 | 255 | | poverty guideline shall be required to pay for some portion of the child care they receive, according 26 |
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256 | 256 | | to a sliding-fee scale adopted by the department in the department’s rules, not to exceed seven 27 |
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257 | 257 | | percent (7%) of income as defined in subsection (h) of this section. 28 |
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258 | 258 | | (2) Families who are receiving childcare assistance and who become ineligible for 29 |
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259 | 259 | | childcare assistance as a result of their incomes exceeding two hundred sixty-one percent (261%) 30 |
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260 | 260 | | of the applicable federal poverty guidelines shall continue to be eligible for childcare assistance 31 |
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261 | 261 | | until their incomes exceed three hundred percent (300%) of the applicable federal poverty 32 |
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262 | 262 | | guidelines. To be eligible, the families must continue to pay for some portion of the child care they 33 |
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263 | 263 | | receive, as indicated in a sliding-fee scale adopted in the department’s rules, not to exceed seven 34 |
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264 | 264 | | |
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265 | 265 | | |
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266 | 266 | | LC000920 - Page 8 of 13 |
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267 | 267 | | percent (7%) of income as defined in subsection (h) of this section, and in accordance with all other 1 |
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268 | 268 | | eligibility standards. 2 |
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269 | 269 | | (g) In determining the type of child care to be provided to a family, the department shall 3 |
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270 | 270 | | take into account the cost of available childcare options; the suitability of the type of care available 4 |
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271 | 271 | | for the child; and the parent’s preference as to the type of child care. 5 |
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272 | 272 | | (h) For purposes of this section, “income” for families receiving cash assistance under § 6 |
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273 | 273 | | 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in 7 |
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274 | 274 | | §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and 8 |
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275 | 275 | | unearned income as determined by departmental regulations. 9 |
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276 | 276 | | (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast 10 |
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277 | 277 | | the expenditures for child care in accordance with the provisions of § 35-17-1. 11 |
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278 | 278 | | (j) In determining eligibility for childcare assistance for children of members of reserve 12 |
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279 | 279 | | components called to active duty during a time of conflict, the department shall freeze the family 13 |
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280 | 280 | | composition and the family income of the reserve component member as it was in the month prior 14 |
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281 | 281 | | to the month of leaving for active duty. This shall continue until the individual is officially 15 |
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282 | 282 | | discharged from active duty. 16 |
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283 | 283 | | (k) Effective from August 1, 2023, through July 31, 2025, the department shall provide 17 |
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284 | 284 | | funding for child care for eligible childcare educators, and childcare staff, who work at least twenty 18 |
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285 | 285 | | (20) hours a week in licensed childcare centers and licensed family childcare homes as defined in 19 |
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286 | 286 | | the department’s rules and regulations. Eligibility is limited to qualifying childcare educators and 20 |
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287 | 287 | | childcare staff with family incomes up to three hundred percent (300%) of the applicable federal 21 |
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288 | 288 | | poverty guidelines and will have no copayments. Qualifying participants may select the childcare 22 |
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289 | 289 | | center or family childcare home for their children. The department shall promulgate regulations 23 |
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290 | 290 | | necessary to implement this section, and will collect applicant and participant data to report 24 |
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291 | 291 | | estimated demand for state-funded child care for eligible childcare educators and childcare staff. 25 |
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292 | 292 | | The report shall be due to the governor and the general assembly by November 1, 2024. 26 |
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293 | 293 | | SECTION 4. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled "Child 27 |
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294 | 294 | | Care — State Subsidies" is hereby repealed. 28 |
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295 | 295 | | 40-6.2-1.1. Rates established. 29 |
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296 | 296 | | (a) Through June 30, 2015, subject to the payment limitations in subsection (c), the 30 |
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297 | 297 | | maximum reimbursement rates to be paid by the departments of human services and children, youth 31 |
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298 | 298 | | and families for licensed childcare centers and licensed family childcare providers shall be based 32 |
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299 | 299 | | on the following schedule of the 75th percentile of the 2002 weekly market rates adjusted for the 33 |
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300 | 300 | | average of the 75th percentile of the 2002 and the 2004 weekly market rates: 34 |
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301 | 301 | | |
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302 | 302 | | |
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303 | 303 | | LC000920 - Page 9 of 13 |
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304 | 304 | | Licensed Childcare Centers 75th Percentile of Weekly Market Rate 1 |
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305 | 305 | | Infant $182.00 2 |
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306 | 306 | | Preschool $150.00 3 |
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307 | 307 | | School-Age $135.00 4 |
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308 | 308 | | Licensed Family Childcare Providers 75th Percentile of Weekly Market Rate 5 |
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309 | 309 | | Infant $150.00 6 |
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310 | 310 | | Preschool $150.00 7 |
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311 | 311 | | School-Age $135.00 8 |
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312 | 312 | | Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum 9 |
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313 | 313 | | reimbursement rates to be paid by the departments of human services and children, youth and 10 |
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314 | 314 | | families for licensed childcare centers and licensed family childcare providers shall be based on the 11 |
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315 | 315 | | above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average of 12 |
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316 | 316 | | the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased by 13 |
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317 | 317 | | ten dollars ($10.00) per week for infant/toddler care provided by licensed family childcare 14 |
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318 | 318 | | providers and license-exempt providers and then the rates for all providers for all age groups shall 15 |
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319 | 319 | | be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare 16 |
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320 | 320 | | centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty-17 |
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321 | 321 | | four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one 18 |
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322 | 322 | | cents ($161.71) for preschool-age children. 19 |
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323 | 323 | | (b) Effective July l, 2018, subject to the payment limitations in subsection (c), the 20 |
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324 | 324 | | maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of 21 |
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325 | 325 | | human services and children, youth and families for licensed childcare centers shall be 22 |
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326 | 326 | | implemented in a tiered manner, reflective of the quality rating the provider has achieved within 23 |
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327 | 327 | | the state’s quality rating system outlined in § 42-12-23.1. 24 |
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328 | 328 | | (1) For infant/toddler child care, tier one shall be reimbursed two and one-half percent 25 |
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329 | 329 | | (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above 26 |
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330 | 330 | | the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY 27 |
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331 | 331 | | 2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly 28 |
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332 | 332 | | amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly 29 |
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333 | 333 | | amount. 30 |
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334 | 334 | | (2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half 31 |
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335 | 335 | | percent (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) 32 |
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336 | 336 | | above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY 33 |
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337 | 337 | | 2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018 34 |
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338 | 338 | | |
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339 | 339 | | |
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340 | 340 | | LC000920 - Page 10 of 13 |
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341 | 341 | | weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018 1 |
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342 | 342 | | weekly amount. 2 |
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343 | 343 | | (c) [Deleted by P.L. 2019, ch. 88, art. 13, § 4.] 3 |
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344 | 344 | | (d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and 4 |
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345 | 345 | | training shall conduct an independent survey or certify an independent survey of the then-current 5 |
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346 | 346 | | weekly market rates for child care in Rhode Island and shall forward the weekly market rate survey 6 |
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347 | 347 | | to the department of human services. The next survey shall be conducted by June 30, 2016, and 7 |
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348 | 348 | | triennially thereafter. The departments of human services and labor and training will jointly 8 |
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349 | 349 | | determine the survey criteria including, but not limited to, rate categories and sub-categories. 9 |
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350 | 350 | | (e) In order to expand the accessibility and availability of quality child care, the department 10 |
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351 | 351 | | of human services is authorized to establish, by regulation, alternative or incentive rates of 11 |
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352 | 352 | | reimbursement for quality enhancements, innovative or specialized child care, and alternative 12 |
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353 | 353 | | methodologies of childcare delivery, including nontraditional delivery systems and collaborations. 13 |
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354 | 354 | | (f) Effective January 1, 2007, all childcare providers have the option to be paid every two 14 |
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355 | 355 | | (2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of 15 |
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356 | 356 | | reimbursement payments. 16 |
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357 | 357 | | (g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by 17 |
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358 | 358 | | the departments of human services and children, youth and families for licensed family childcare 18 |
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359 | 359 | | providers shall be implemented in a tiered manner, reflective of the quality rating the provider has 19 |
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360 | 360 | | achieved within the state’s quality rating system outlined in § 42-12-23.1. Tier one shall be 20 |
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361 | 361 | | reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three 21 |
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362 | 362 | | percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the 22 |
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363 | 363 | | prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the 23 |
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364 | 364 | | prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base 24 |
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365 | 365 | | rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier 25 |
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366 | 366 | | five shall be reimbursed twenty-three percent (23%) above the prevailing base rate. 26 |
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367 | 367 | | (h) Through December 31, 2021, the maximum reimbursement rates paid by the 27 |
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368 | 368 | | departments of human services, and children, youth and families to licensed childcare centers shall 28 |
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369 | 369 | | be consistent with the enhanced emergency rates provided as of June 1, 2021, as follows: 29 |
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370 | 370 | | Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 30 |
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371 | 371 | | Infant/Toddler $257.54 $257.54 $257.54 $257.54 $273.00 31 |
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372 | 372 | | Preschool Age $195.67 $195.67 $195.67 $195.67 $260.00 32 |
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373 | 373 | | School Age $200.00 $200.00 $200.00 $200.00 $245.00 33 |
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374 | 374 | | The maximum reimbursement rates paid by the departments of human services, and 34 |
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375 | 375 | | |
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376 | 376 | | |
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377 | 377 | | LC000920 - Page 11 of 13 |
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378 | 378 | | children, youth and families to licensed family childcare providers shall be consistent with the 1 |
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379 | 379 | | enhanced emergency rates provided as of June 1, 2021, as follows: 2 |
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380 | 380 | | Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 3 |
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381 | 381 | | Infant/Toddler $224.43 $224.43 $224.43 $224.43 $224.43 4 |
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382 | 382 | | Preschool Age $171.45 $171.45 $171.45 $171.45 $171.45 5 |
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383 | 383 | | School Age $162.30 $162.30 $162.30 $162.30 $162.30 6 |
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384 | 384 | | (i) Effective January 1, 2022, the maximum reimbursement rates to be paid by the 7 |
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385 | 385 | | departments of human services and children, youth and families for licensed childcare centers shall 8 |
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386 | 386 | | be implemented in a tiered manner, reflective of the quality rating the provider has achieved within 9 |
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387 | 387 | | the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be 10 |
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388 | 388 | | reimbursed as follows: 11 |
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389 | 389 | | Licensed Childcare Centers 12 |
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390 | 390 | | Tier One Tier Two Tier Three Tier Four Tier Five 13 |
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391 | 391 | | Infant/Toddler $236.36 $244.88 $257.15 $268.74 $284.39 14 |
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392 | 392 | | Preschool $207.51 $212.27 $218.45 $223.50 $231.39 15 |
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393 | 393 | | School-Age $180.38 $182.77 $185.17 $187.57 $189.97 16 |
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394 | 394 | | The maximum reimbursement rates for licensed family childcare providers paid by the 17 |
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395 | 395 | | departments of human services, and children, youth and families is determined through collective 18 |
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396 | 396 | | bargaining. The maximum reimbursement rates for infant/toddler and preschool age children paid 19 |
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397 | 397 | | to licensed family childcare providers by both departments is implemented in a tiered manner that 20 |
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398 | 398 | | reflects the quality rating the provider has achieved in accordance with § 42-12-23.1. 21 |
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399 | 399 | | (j) Effective July 1, 2022, the maximum reimbursement rates to be paid by the departments 22 |
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400 | 400 | | of human services and children, youth and families for licensed childcare centers shall be 23 |
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401 | 401 | | implemented in a tiered manner, reflective of the quality rating the provider has achieved within 24 |
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402 | 402 | | the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be 25 |
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403 | 403 | | reimbursed as follows: 26 |
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404 | 404 | | Licensed Childcare Centers 27 |
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405 | 405 | | Tier One Tier Two Tier Three Tier Four Tier Five 28 |
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406 | 406 | | Infant/Toddler $265 $270 $282 $289 $300 29 |
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407 | 407 | | Preschool $225 $235 $243 $250 $260 30 |
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408 | 408 | | School-Age $200 $205 $220 $238 $250 31 |
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409 | 409 | | (k) Effective July 1, 2024, the maximum reimbursement rates to be paid by the departments 32 |
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410 | 410 | | of human services and children, youth and families for licensed childcare centers shall be 33 |
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411 | 411 | | implemented in a tiered manner, reflective of the quality rating the provider has achieved within 34 |
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412 | 412 | | |
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413 | 413 | | |
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414 | 414 | | LC000920 - Page 12 of 13 |
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415 | 415 | | the state’s quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be 1 |
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416 | 416 | | reimbursed as follows: 2 |
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417 | 417 | | Licensed Childcare Centers 3 |
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418 | 418 | | Tier One Tier Two Tier Three Tier Four Tier Five 4 |
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419 | 419 | | Infant/Toddler $278 $284 $296 $303 $315 5 |
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420 | 420 | | Preschool $236 $247 $255 $263 $273 6 |
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421 | 421 | | School-Age $210 $215 $231 $250 $263 7 |
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422 | 422 | | SECTION 5. This act shall take effect on July 1, 2025. 8 |
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424 | 424 | | LC000920 |
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426 | 426 | | |
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427 | 427 | | |
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428 | 428 | | LC000920 - Page 13 of 13 |
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429 | 429 | | EXPLANATION |
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430 | 430 | | BY THE LEGISLATIVE COUNCIL |
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431 | 431 | | OF |
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432 | 432 | | A N A C T |
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433 | 433 | | RELATING TO HUMAN SERVICES -- RHODE ISLAND CHILDCARE IS ESSENTIAL ACT |
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434 | 434 | | *** |
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435 | 435 | | This act would create the Rhode Island Childcare Assistance Program that governs both 1 |
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436 | 436 | | family eligibility for the state’s childcare subsidy program and the rates paid to childcare providers 2 |
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437 | 437 | | serving families receiving a subsidy. The act would expand eligibility for the program to meet the 3 |
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438 | 438 | | federal eligibility benchmark so that families with incomes at or below eighty-five percent (85%) 4 |
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439 | 439 | | of the state median income would be eligible. The act would allow families to continue eligibility 5 |
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440 | 440 | | until their income exceeds one hundred percent (100%) of the state median income and would make 6 |
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441 | 441 | | participation in the state’s child support enforcement program voluntary for the childcare subsidy. 7 |
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442 | 442 | | The act would also increase the tiered rates of paid for licensed childcare centers to meet or exceed 8 |
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443 | 443 | | the federal equal access benchmark, implement a new differential bonus rate for infants under age 9 |
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444 | 444 | | eighteen (18) months and adopt fair payment practices consistent with the federal rules for the Child 10 |
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445 | 445 | | Care and Development Fund. 11 |
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446 | 446 | | This act would take effect on July 1, 2025. 12 |
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448 | 448 | | LC000920 |
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