HF 2338 (LSB 5122YH (5) 90)

HOUSE FILE 2338

BY  BAGNIEWSKI, EHLERT, JAMES, KONFRST, MATSON, ZABNER, CROKEN, MADISON, WILSON, SRINIVAS, STAED, AMOS JR., FORBES, KRESSIG, BUCK, WESSEL-KROESCHELL, WILBURN, GJERDE, JUDGE, GAINES, BROWN-POWERS, ABDUL-SAMAD, JACOBY, SCHEETZ, CAHILL, LEVIN, NIELSEN, KURTH, STECKMAN, OLSON, and COOLING

A BILL FOR

An Act relating to state child care assistance for children of certain child care personnel.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 237A.13, subsection 8, Code 2024, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  e.  Persons deemed to be eligible for benefits under the state child care assistance program in accordance with section 237A.13A.
    Sec. 2.  NEW SECTION.  237A.13A  State child care assistance —— child care personnel.
   1.  Notwithstanding section 237A.13, subsections 1 and 2, a child shall be eligible for the state child care assistance program under section 237A.13 if a parent, guardian, or custodian meets the following requirements:
   a.  The parent, guardian, or custodian is employed at a child care facility, a child care home registered with the department, or an unregistered child care home with an agreement with the department to accept reimbursements from the state child care assistance program.
   b.  The parent, guardian, or custodian works an average minimum of thirty-two hours per week during the month in a position with a primary duty of providing child care directly to children, and is regularly counted in the minimum child-to-staff ratio established by the department by rule.
   c.  If the parent, guardian, or custodian is employed at a child care home or a child development home, the parent, guardian, or custodian does not provide child care to the parent, guardian, or custodian’s own child. A co-provider at a child development home may qualify for state child care assistance if such person meets all requirements set by this section and by the department by rule.
   d.  The parent, guardian, or custodian is not a substitute or an assistant at a child development home.
   e.  Based on the department’s evaluation of the parent, guardian, or custodian’s application for state child care assistance, the department has determined the parent, guardian, or custodian has a need for child care.
   2.  A director, co-director, or other administrative staff member of a child care facility may qualify for state child care assistance pursuant to subsection 1 if such person is regularly counted in the minimum child-to-staff ratio established by the department by rule.
   3.  A person participating in the state child care assistance program pursuant to eligibility established under this section shall make copayments based on the person’s household income for services received from the program.
   4.  The department shall adopt rules pursuant to chapter 17A to implement and administer this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to state child care assistance (CCA) for children of child care employees.
   The bill makes a child eligible for CCA if the child is in a family with a parent, guardian, or custodian who is employed at a child care facility, a child care home registered with the department of health and human services (HHS), or an unregistered child care home with an agreement with HHS to accept CCA reimbursements; works an average minimum of 32 hours per week during the month in a position with a primary duty of providing child care directly to children, and is regularly counted in the minimum child-to-staff ratio established by HHS by rule; does not provide child care to the parent, guardian, or custodian’s own child if the parent, guardian, or custodian is employed at a child care home or a child development home, though a co-provider at a child development home may qualify for CCA if the co-provider meets all requirements set in Code and by rule; is not a substitute or an assistant at a child development home; and has a need for child care based on HHS’s assessment.
   The bill provides that a director, co-director, or other administrative staff of a child care facility may qualify for CCA as a child care employee if such person is regularly counted in the minimum child-to-staff ratio established by HHS by rule.
   The bill requires a person who participates in CCA under the bill to make copayments for services received from the program.
   The bill directs HHS to adopt rules to implement and administer the bill.
   The bill prohibits HHS from applying waiting list requirements for CCA on persons deemed eligible for CCA under the bill.