SB 596-FN - AS AMENDED BY THE SENATE

04/05/2024   1408s

04/11/2024   1468s

2024 SESSION

24-3153

05/08

SENATE BILL 596-FN

AN ACT relative to the definition of disability or special needs under the child care scholarship program.

SPONSORS: Sen. Ricciardi, Dist 9; Sen. Gannon, Dist 23; Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Sen. Innis, Dist 7; Sen. Altschiller, Dist 24; Sen. Whitley, Dist 15; Sen. Fenton, Dist 10

COMMITTEE: Education

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AMENDED ANALYSIS

This bill directs the department of health and human services to adopt rules relative to the definition of disability or special needs for purposes of the child care scholarship program and authorizes the department to suspend implementation for insufficient funding.  The bill also makes an appropriation of available federal funds to the child care scholarship program.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/05/2024   1408s

04/11/2024   1468s 24-3153

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to the definition of disability or special needs under the child care scholarship program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  New Subparagraph; New Hampshire Employment Program and Family Assistance Program; Rulemaking; Child Care Scholarship Program.  Amend RSA 167:83, II by inserting after subparagraph (q) the following new subparagraph:

(r)  The development and administration of the child care scholarship program as a component of the Child Care Development Block Grant.  The department may suspend implementation of this subparagraph if the department lacks sufficient appropriation for implementation.  Such rules shall:

(1)  Identify a protected class for children at-risk of or diagnosed with a disability or special needs under the Child Care Development Block Grant.   

(2)  Consider in its definition delays across all domains of child development including but not limited to a child’s physical, cognitive, communication, social, emotional, and/or behavioral skills.

(A)  The definition of "disability" or "special needs" under the child care scholarship program shall include any child who displays, or is at risk for, delayed social or emotional development.

(B)  An eligible child shall not require a formal diagnosis or formal special education code, but rather shall qualify under this category so long as the child is screened and found to be delayed or at risk of delay through an approved early childhood developmental screening tool and the results verified by an approved by a child care provider and licensed treating clinician, or other approved licensed professional.  

(3)  Identify the standardized and/or approved early childhood developmental screening tools necessary to determine eligibility and establish the verification process by which a child’s child care provider, licensed treating clinician, or other licensed professional as reasonably identified by the department, shall verify, or otherwise certify the results of the tool.

2  Appropriation.  The sum of $375,000 for the biennium ending June 30, 2025 is appropriated to the department of health and human services for the purpose of adopting rules and administering the child care scholarship program in accordance with the criteria specified in section 1 of this act.  Of this amount, the governor shall determine if any remaining discretionary funds appropriated in the American Rescue Plan Act of 2021, Public Law 117-2, or any other federal funds can be used for this purpose and any remainder, not to exceed $1, shall be general funds.  The governor is authorized to draw a warrant for the general fund share of said sum out of any money in the treasury not otherwise appropriated.  

3  Effective Date.  This act shall take effect January 1, 2025.

LBA

24-3153

Amended 5/6/24

SB 596-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2024-1468s)

AN ACT relative to the definition of disability or special needs under the child care scholarship program.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill modifies the definition of “disability” or “special needs” to include any child who displays, or is at risk for, delayed social or emotional development.  The Department of Health and Human Services states that its Women, Infant, and Children (WIC) program conducts developmental monitoring of young children.  For calendar year 2023, the WIC program conducted 19,067 appointments that included developmental monitoring, and referred 1,195 parents to additional services for concerns their children might be at risk of or experiencing a delay.  The Department assumes that the 6.3% of children referred by WIC for additional services is reflective of the percentage of childcare scholarship recipients experiencing or at risk of a delay that are awaiting formal diagnosis.  There were an average of 2,268 scholarship recipients from February 2023 to January 2024; therefore, the Department expects 143 children to be eligible for additional supplemental payments.  The amount of a supplemental payment varies based on level of service: $100 per week for full time, $75 per week for half time, and $50 per week for part time.  Since the Department assumes children experiencing or at risk of developmental delay will be more likely to need full time childcare, it assumes the $100 supplemental payment will be used.  The Department therefore expects the bill will cost approximately $743,600 per year.  This figure is an estimate only, and could be lower if the smaller supplemental payments are used, or higher if rate increases are implemented in subsequent years.

Since the bill is effective January 1, 2025, it is assumed that the fiscal impact will be half of the full year cost identified above, or approximately $372,000, in FY25.  For this reason, the bill contains a $375,000 appropriation in FY25, to be funded by federal funds if available.  If such funds are not available, the bill allows the Department to suspend implementation.  It is therefore unknown whether the changes will be effectuated in FY25.

AGENCIES CONTACTED:

Department of Health and Human Services