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As Re-Referred by the House Rules and Reference Committee
136th
General Assembly
Regular
Session
Sub. H. B. No. 2
2025-2026
Representative Johnson
Cosponsors: Representatives Salvo,
Lett, Odioso
To
enact section
5104.54
of the Revised Code
to
establish the Child Care Cred Program and to make an appropriation.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section
5104.54
of the Revised Code be enacted to read as follows:
Sec.
5104.54.
(A)
The child care cred program is created in the department of children
and youth, under which the costs of child care are shared by
participating employees, their employers, and, subject to available
funds, the department. The distribution of the costs shall be as
follows: employees are responsible for forty per cent; employers are
responsible for forty per cent; and, subject to available funds, the
department is responsible for twenty per cent. The program has all of
the following goals: enabling employers to attract and retain talent;
assisting employees with child care costs; and sustaining the
businesses of child care providers.
(B)
To be eligible to participate in the program, all of the following
apply:
(1)
In the case of an employee, the maximum amount of the family's income
shall not exceed four hundred per cent of the federal poverty line
and the employee shall reside in this state and have been selected
for participation by the employee's employer.
(2)
In the case of an employer, the employer shall be located in this
state and have selected one or more of its employees to participate
in the program.
(3)
In the case of a child care provider, the provider shall either hold
a license issued under this chapter or be certified by a county
department of job and family services under section 5104.12 of the
Revised Code. The department shall not require participation in the
step up to quality program in order to be an eligible provider for
this program.
(C)
Each employee and employer seeking to participate in the program
shall together submit an application to the department in a manner
prescribed by the department. The department shall review each
application as soon as practicable after it is received and shall
determine if the employee and employer are both eligible to
participate.
(D)
After an employee and employer are both determined eligible and agree
to participate in the program, all of the following apply:
(1)
The employee, with the assistance of the department, shall select a
child care provider for the employee's child and shall enroll the
child with the provider. An employee may opt to select the employee's
existing child care provider so long as that provider is licensed or
certified as described in this section.
(2)
In addition to the employer's share, the employer may agree to
contribute some or all of an employee's share of child care costs.
(3)
As a condition of participation, the department may require the
employee, employer, and child care provider to each sign a memorandum
of understanding with the department.
(4)
The department is responsible for coordinating and performing all
administrative activities associated with the sharing of child care
costs and making payments to child care providers.
(E)
An eligibility determination made under division (C) of this section
remains valid as long as the employee, employer, and child care
provider continue to satisfy the eligibility conditions described in
division (B) of this section.
(F)
If the department finds that an employee or employer has committed
fraud, misrepresentation, or deception in applying to participate, or
in participating, in the program, the employee or employer is
permanently ineligible to participate, or continue to participate, in
the program.
(G)(1)
The department may adopt rules as necessary to implement this
section. Any rules shall be adopted in accordance with Chapter 119.
of the Revised Code.
(2)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
under division (G)(1) of this section is not subject to sections
121.95 to 121.953 of the Revised Code.
Section
2.
All
items in this act are hereby appropriated as designated out of any
moneys in the state treasury to the credit of the designated fund.
For all operating appropriations made in this act, those in the first
column are for fiscal year 2026 and those in the second column are
for fiscal year 2027. The operating appropriations made in this act
are in addition to any other operating appropriations made for these
fiscal years.
Section
3.
1
2
3
4
5
A
KID
DEPARTMENT OF CHILDREN AND YOUTH
B
General
Revenue Fund
C
GRF
830414
Child
Care Cred Program
$10,000,000
$0
D
TOTAL
GRF General Revenue Fund
$10,000,000
$0
E
TOTAL
ALL BUDGET FUND GROUPS
$10,000,000
$0
CHILD
CARE CRED PROGRAM
The
foregoing appropriation item 830414, Child Care Cred Program, shall
be used for the Child Care Cred Program established in section
5104.54 of the Revised Code.
Section
4.
Within
the limits set forth in this act, the Director of Budget and
Management shall establish accounts indicating the source and amount
of funds for each appropriation made in this act, and shall determine
the manner in which appropriation accounts shall be maintained.
Expenditures from operating appropriations contained in this act
shall be accounted for as though made in, and are subject to all
applicable provisions of, the main operating appropriations act of
the 136th General Assembly.