Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 777
2025-2026
Representatives Baker, Lawson-Rowe
Cosponsors: Representatives Rogers,
Troy, Brownlee, Brennan, Lett, Piccolantonio, Sigrist, McNally,
Miller, J.
To
amend section 5104.54 of the Revised Code
to
modify Ohio's child care cost-sharing program and to name this act
the Fair Tri-Share Child Care Program Act.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 5104.54 of the Revised Code be amended to read as follows:
Sec.
5104.54.
(A)
The
tri-share
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.
Under
the program, an employee's child care costs shall be shared equally
by the employee, the employee's employer, and, subject to available
funds, the department, with each contributing a one-third share,
except that the employer may agree to also contribute some or all of
the employee's share.
(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
fifty
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
may
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)
(3)
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 shall use twenty-five per cent of the funds available
to the program to pay the department's share of child care costs for
participating employees who are employed by small businesses, as
defined in section 107.63 of the Revised Code. Priority shall be
given to participating employees who are employed by small businesses
with fewer than fifty employees and under contract to each work more
than thirty-five hours per week.
(2)
If an insufficient number of employees and employers described in
division (G)(1) of this section seek to participate in the program,
the department shall use the funds regardless of a participating
employer's status as a small business.
(H)(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)
(H)(1)
of this section is not subject to sections 121.95 to 121.953 of the
Revised Code.
Section
2.
That
existing section 5104.54 of the Revised Code is hereby repealed.
Section
3.
Sections
1 and 2 of this act take effect July 1, 2027.
Section
4.
This
act shall be known as the Fair Tri-Share Child Care Program Act.