Make certain caregivers eligible for publicly funded child care

hb7_01_RH

As Reported by the House Children and Human Services Committee

136th
General Assembly

Regular
Session
Am. H. B. No. 7

2025-2026

Representatives White, A., Ray

Cosponsors: Representatives Lett,
Fowler Arthur

A
BILL

To
amend section 5104.30 and to enact section
5104.303

of
the Revised Code
to
make foster caregivers and kinship caregivers eligible for publicly
funded child care.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 5104.30 be amended and section
5104.303

of
the Revised Code be enacted to read as follows:

Sec.
5104.30.
(A)
The department of children and youth is hereby designated as the
state agency responsible for administration and coordination of
federal and state funding for publicly funded child care in this
state. Publicly funded child care shall be provided to the following:

(1)
Recipients of transitional child care as provided under section
5104.34 of the Revised Code;

(2)
Participants in the Ohio works first program established under
Chapter 5107. of the Revised Code;

(3)
Individuals who would be participating in the Ohio works first
program if not for a sanction under section 5107.16 of the Revised
Code and who continue to participate in a work activity,
developmental activity, or alternative work activity pursuant to an
assignment under section 5107.42 of the Revised Code;

(4)

A
family receiving publicly funded child care on October 1, 1997, until
the family's income reaches one hundred fifty per cent of the federal
poverty line
Subject
to section 5104.303 of the Revised Code, foster caregivers, as
defined in section 5103.02 of the Revised Code, and kinship
caregivers, as defined in section 5180.50 of the Revised Code
;

(5)
Subject to available funds, other individuals determined eligible in
accordance with rules adopted under section 5104.38 of the Revised
Code.

The
department shall apply to the United States department of health and
human services for authority to operate a coordinated program for
publicly funded child care, if the director of children and youth
determines that the application is necessary. For purposes of this
section, the department of children and youth may enter into
agreements with other state agencies that are involved in regulation
or funding of child care. The department shall consider the special
needs of migrant workers when it administers and coordinates publicly
funded child care and shall develop appropriate procedures for
accommodating the needs of migrant workers for publicly funded child
care.

(B)
The department of children and youth shall distribute state and
federal funds for publicly funded child care, including
appropriations of state funds for publicly funded child care and
appropriations of federal funds available under the child care block
grant act, Title IV-A, and Title XX. The department may use any state
funds appropriated for publicly funded child care as the state share
required to match any federal funds appropriated for publicly funded
child care.

(C)
In the use of federal funds available under the child care block
grant act, all of the following apply:

(1)
The department may use the federal funds to hire staff to prepare any
rules required under this chapter and to administer and coordinate
federal and state funding for publicly funded child care.

(2)
Not more than five per cent of the aggregate amount of the federal
funds received for a fiscal year may be expended for administrative
costs.

(3)
The department shall allocate and use at least four per cent of the
federal funds for the following:

(a)
Activities designed to provide comprehensive consumer education to
parents and the public;

(b)
Activities that increase parental choice;

(c)
Activities, including child care resource and referral services,
designed to improve the quality, and increase the supply, of child
care;

(d)
Establishing the step up to quality program pursuant to section
5104.29 of the Revised Code.

(4)
The department shall ensure that the federal funds will be used only
to supplement, and will not be used to supplant, federal, state, and
local funds available on the effective date of the child care block
grant act for publicly funded child care and related programs. If
authorized by rules adopted by the department pursuant to section
5104.42 of the Revised Code, county departments of job and family
services may purchase child care from funds obtained through any
other means.

(D)
The department shall encourage the development of suitable child care
throughout the state, especially in areas with high concentrations of
recipients of public assistance and families with low incomes. The
department shall encourage the development of suitable child care
designed to accommodate the special needs of migrant workers. On
request, the department, through its employees or contracts with
state or community child care resource and referral service
organizations, shall provide consultation to groups and individuals
interested in developing child care. The department of children and
youth may enter into interagency agreements with the department of
education and workforce, the chancellor of higher education, the
department of development, and other state agencies and entities
whenever the cooperative efforts of the other state agencies and
entities are necessary for the department of children and youth to
fulfill its duties and responsibilities under this chapter.

The
department shall develop and maintain a registry of persons providing
child care. The director shall adopt rules in accordance with Chapter
119. of the Revised Code establishing procedures and requirements for
the registry's administration.

(E)(1)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing both of the following:

(a)
Payment rates for providers of publicly funded child care not later
than the first day of July in each odd-numbered year;

(b)
A procedure for paying providers of publicly funded child care.

(2)
In establishing payment rates under division (E)(1)(a) of this
section, the director shall do all of the following:

(a)
Use the information obtained from the market rate survey developed
and conducted in accordance with 45 C.F.R. 98.45;

(b)
Establish an enhanced payment rate for providers who enroll children
whose caretaker parents work nontraditional hours;

(c)
With regard to the step up to quality program established pursuant to
section 5104.29 of the Revised Code, establish enhanced payment rates
for child care providers that participate in the program.

(3)
In establishing payment rates under division (E)(1)(a) of this
section, the director may establish different payment rates based on
any of the following:

(a)
Geographic location of the provider;

(b)
Type of care provided;

(c)
Age of the child served;

(d)
Special needs of the child served;

(e)
Whether the expanded hours of service are provided;

(f)
Whether weekend service is provided;

(g)
Whether the provider has exceeded the minimum requirements of state
statutes and rules governing child care;

(h)
Any other factors the director considers appropriate.

Sec.
5104.303.
(A)
A foster caregiver or kinship caregiver shall be employed or
participating in a program of education or training for an amount of
time reasonably related to the time that the child is receiving
publicly funded child care in order to be provided publicly funded
child care under section 5104.30 of the Revised Code.

(B)
Publicly funded child care shall be provided only for a child that is
placed with a foster caregiver or kinship caregiver.

(C)
Publicly funded child care for a foster caregiver or kinship
caregiver may be provided only by the following:

(1)
Any of the following licensed by the department of children and youth
pursuant to section 5104.03 of the Revised Code:

(a)
A child care center, including a parent cooperative child care
center;

(b)
A type A family child care home, including a parent cooperative type
A family child care home;

(c)
A licensed type B family child care home.

(2)
A licensed preschool program;

(3)
A licensed school child program;

(4)
A border state child care provider, except that a border state child
care provider may provide publicly funded child care only to an
individual who resides in an Ohio county that borders the state in
which the provider is located.

Section
2.
That
existing section 5104.30 of the Revised Code is hereby repealed.