Section 208.053

Title XII PUBLIC HEALTH AND WELFARE

Chapter 208

Effective - 28 Aug 2023, 5 histories   

  208.053.  Transitional child care benefits program — amount — report — rulemaking. — 1.  In order to more effectively transition persons receiving state-funded child care subsidy benefits under this chapter, the department of elementary and secondary education shall, subject to appropriations, by July 1, 2024, implement a program to allow recipients to receive transitional child care benefits without the requirement that such recipients first be eligible for full child care benefits.

  (1)  For purposes of this section, "full child care benefits" shall be the full benefits awarded to a recipient based on the income eligibility amount established by the department through the annual appropriations process as of August 28, 2023, to qualify for the benefits and shall not include the transitional child care benefits that are awarded to recipients whose income surpasses the eligibility level for full benefits to continue.  The program shall be voluntary and shall be designed such that a recipient may begin receiving the transitional child care benefit without having first qualified for the full child care benefit or any other tier of the transitional child care benefit.

  (2)  Transitional child care benefits shall be determined on a sliding scale as follows for recipients with household incomes in excess of the eligibility level for full benefits:

  (a)  Eighty percent of the state base rate for recipients with household incomes greater than the eligibility level for full benefits but less than or equal to one hundred fifty percent of the federal poverty level;

  (b)  Sixty percent of the state base rate for recipients with household incomes greater than one hundred fifty percent but less than or equal to one hundred seventy percent of the federal poverty level;

  (c)  Forty percent of the state base rate for recipients with household incomes greater than one hundred seventy percent but less than or equal to one hundred ninety percent of the federal poverty level; and

  (d)  Twenty percent of the state base rate for recipients with household incomes greater than one hundred ninety percent but less than or equal to two hundred percent of the federal poverty level, but not greater than eighty-five percent of the state median income.

  (3)  As used in this section, "state base rate" shall refer to the rate established by the department for provider payments that accounts for geographic area, type of facility, duration of care, and age of the child, as well as any enhancements reflecting after-hours or weekend care, accreditation, or licensure status, as determined by the department.  Recipients shall be responsible for paying the remaining sliding fee to the child care provider.

  (4)  A participating recipient shall be allowed to opt out of the program at any time, but such person shall not be allowed to participate in the program a second time.

  2.  The department shall track the number of participants in the program and shall issue an annual report to the general assembly by September 1, 2025, and annually on September first thereafter, detailing the effectiveness of the program in encouraging recipients to secure employment earning an income greater than the maximum wage eligible for the full child care benefit.  The report shall also detail the costs of administration and the increased amount of state income tax paid as a result of the program.

  3.  The department shall pursue all necessary waivers from the federal government to implement the program.  If the department is unable to obtain such waivers, the department shall implement the program to the degree possible without such waivers.

  4.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated under this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.

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(L. 2012 H.B. 1323, A.L. 2013 H.B. 986, A.L. 2021 H.B. 432, A.L. 2022 S.B. 683, A.L. 2023 S.B. 45 & 90 merged with S.B. 106)