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SB1597 - 572R - I Ver
REFERENCE TITLE:
child care; waiting list; appropriation
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1597
Introduced by
Senator
Alston: Representative Connolly
AN
ACT
amending section 46-803, Arizona
Revised Statutes; appropriating monies; relating to child care.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 46-803, Arizona
Revised Statutes, is amended to read:
START_STATUTE
46-803.
Eligibility for child care assistance
A. The department shall provide child care
assistance to eligible families who are attempting to achieve independence from
the cash assistance program and who need child care assistance in support of
and as specified in their personal responsibility agreement pursuant to
chapters 1 and 2 of this title.
B. The department shall provide child care
assistance to eligible families who are transitioning off cash assistance due
to increased earnings or child support income in order to accept or maintain
employment. Eligible families must request this assistance within
six months after the cash assistance case closure. Child care
assistance may be provided for up to twenty-four months after the case
closure and shall cease after a time period specified in rule by the department
once the family income exceeds one hundred sixty-five percent of the
federal poverty level but remains below eighty-five percent of the state
median income. If the family income exceeds eighty-five
percent of the state median income, child care assistance shall cease on
notification by the department.
C. The department shall provide child care
assistance to eligible families who are diverted from cash assistance pursuant
to section 46-298 in order to obtain or maintain
employment. Child care assistance may be provided for up to twenty-four
months after the case closure and shall cease after a time period specified in
rule by the department once the family income exceeds one hundred sixty-five
percent of the federal poverty level but remains below eighty-five
percent of the state median income. If the family income exceeds
eighty-five percent of the state median income, child care assistance
shall cease on notification by the department.
D. The department may provide child care assistance
to support eligible families with incomes of one hundred sixty-five
percent or less of the federal poverty level at the time of application to
accept or maintain employment. Child care assistance shall cease
after a time period specified in rule by the department once the family income
exceeds one hundred sixty-five percent of the federal poverty level but
remains below eighty-five percent of the state median
income. If the family income exceeds eighty-five percent of
the state median income, child care assistance shall cease on notification by
the department. Priority for this child care assistance shall be
given to families with incomes of one hundred percent or less of the federal
poverty level.
E. The department may provide child care assistance
to families referred by the department of child safety and to children in
foster care pursuant to title 8, chapter 4 to support child protection.
F. The department may provide child care assistance
to special circumstance families whose incomes are one hundred sixty-five
percent or less of the federal poverty level at the time of application and who
are unable to provide child care for a portion of a twenty-four-hour
day due to a crisis situation of domestic violence or homelessness, or a
physical, mental, emotional or medical condition, participation in a drug
treatment or drug rehabilitation program or court-ordered community
restitution.� Child care assistance shall cease after a time period specified
in rule by the department once the family income exceeds one hundred sixty-five
percent of the federal poverty level but remains below eighty-five
percent of the state median income. If the family income exceeds
eighty-five percent of the state median income, child care assistance
shall cease on notification by the department. Priority for this
child care assistance shall be given to families with incomes of one hundred
percent or less of the federal poverty level.
G. Notwithstanding any other provision of this
section, the department may reduce maximum income eligibility levels for child
care assistance in order to manage within appropriated and available monies.
The department shall notify the joint legislative budget committee of any
change in maximum income eligibility levels for child care assistance within
fifteen days after implementing the change.
H. In lieu of the employment activity required in
subsection B, C or D of this section, the department may allow eligible
families with teenaged custodial parents under twenty years of age to complete
a high school diploma or its equivalent or engage in remedial education
activities reasonably related to employment goals.
I. The department may provide child care assistance
for department-approved education and training activities if the eligible
parent, legal guardian or caretaker relative is working at least a monthly
average of twenty hours per week and the education and training are reasonably
related to employment goals. The eligible parent, legal guardian or
caretaker relative must demonstrate satisfactory progress in the education or
training activity.
J. The department may waive a portion of or the
entire work requirement prescribed in subsection I of this section to continue
to provide child care assistance to a person who is receiving full-time
child care assistance and who is enrolled full time in an accredited
educational institution, remedial education activity or employment training
program that will lead to a vocational, technical or trade certification or an
associate degree or bachelor's degree and the education or training program is
reasonably related to employment goals. The person shall confirm the
person's intent to obtain education or training that will lead to employment in
an occupation that has starting wages that are sufficient to eliminate the need
for public assistance for the person once employed.� The department shall
review the education or training program that is being pursued by the person
receiving child care assistance to verify that the education or training program
is related to employment goals. The person must demonstrate
satisfactory progress to the department in the education or training activity.
K. The department shall establish
waiting lists for child care assistance and prioritize child care assistance
for different eligibility categories in order to manage within appropriated and
available monies.� Priority of children on the waiting list shall start with
those families at one hundred percent of the federal poverty level and continue
with each successive ten percent increase in the federal poverty level until
the maximum allowable federal poverty level of one hundred sixty-five
percent.� Priority shall be given regardless of time spent on the waiting list.
L.
K.
The
department shall establish criteria for denying, reducing or terminating child
care assistance that include:
1. Whether there is a parent, legal guardian or
caretaker relative available to care for the child.
2. Financial or programmatic eligibility changes or
ineligibility.
3. Failure to cooperate with the requirements of the
department to determine or redetermine eligibility.
4. Hours of child care need that fall within the
child's compulsory academic school hours.
5. Reasonably accessible and available publicly
funded early childhood education programs.
6. Whether an otherwise eligible family has been
sanctioned and cash assistance has been terminated pursuant to chapter 2 of
this title.
7. Other circumstances of a similar nature.
8. Whether sufficient monies exist for the
assistance.
M.
L.
Families
receiving child care assistance under subsection D or F of this section are
also subject to the following requirements for that child care assistance:
1. Each child is limited to not more than sixty
cumulative months of child care assistance. The department may
provide an extension if the family can prove that the family is making efforts
to improve skills and move towards self-sufficiency.
2. Families are limited to not more than six
children receiving child care assistance.
3. Copayments shall be imposed for all children
receiving child care assistance. Copayments for each child may be
higher for the first child in child care than for additional children in child
care.
N.
M.
The
department shall review each case not more than once a year to evaluate
eligibility for child care assistance.
O.
N.
The
department shall report on December 31 and June 30 of each year to the joint
legislative budget committee the total number of families who applied for child
care assistance and the total number of families who were denied assistance
under this section because the parents, legal guardians or caretaker relatives
who applied for assistance were not citizens or legal residents of the United
States or were not otherwise lawfully present in the United States.
P.
O.
This
section shall be enforced without regard to race, religion, gender, ethnicity
or national origin.
Q.
P.
The
department shall refer all child care subsidy recipients to child support
enforcement and to local workforce services and provide information on the
earned income tax credit.
END_STATUTE
Sec. 2.
Appropriation; child care assistance costs
The sum of $____ is appropriated from
the state general fund in fiscal year 2026-2027 to the department of
economic security for child care assistance costs pursuant to section 46-803,
Arizona Revised Statutes, as amended by this act, to eliminate the current
waiting list and to provide child care assistance to eligible families with
family incomes up to one hundred sixty-five percent of the federal
poverty level.