Childcare Assistance Program

2025-2026 Bill 770: Childcare Assistance Program - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 770
STATUS INFORMATION
General Bill
Sponsors: Senator Kimbrell
Document Path: LC-0369VR26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate Committee on
Family and Veterans' Services
Summary: Childcare Assistance Program
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 47
)

1/13/2026

Senate

Referred to Committee on
Family and Veterans' Services
(
Senate Journal-page 47
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/13/2026

A bill

TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 63 SO AS TO
ESTABLISH EMPLOYMENT REQUIREMENTS FOR INDIVIDUALS APPLYING FOR FEDERALLY FUNDED
CHILDCARE ASSISTANCE BENEFITS AVAILABLE TO FAMILIES WITH LOW INCOMES TO HELP
COVER THE COSTS OF CHILDCARE; AND FOR OTHER PURPOSES.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
C
hapter 13, Title 63 of the S.C. Code is amended by
adding:

A
rticle 13

C
hildcare Assistance Program

S
ection
63-13-1410
.
F
or purposes of this article:

(
1)
"Applicant" means a child's natural or adoptive parent or an individual caring
for a child in loco parentis who is applying for CCAP.

(
2)
"Change in circumstance" means a change that may affect eligibility or benefit
amounts, such as:

(
a)
beginning or ending employment;

(
b)
change in an employer or obtaining additional employment;

(
c)
increase or decrease in the number of work hours;

(
d)
increase or decrease in the rate of pay;

(
e)
increase or decrease in family members;

(
f)
change in self-employment activity;

(
g)
change in scheduled hours care is needed;

(
h)
beginning or ending an educational activity;

(
i)
change in childcare operator;

(
j)
change in address or residence;

(
k)
change in marital status;

(
l)
beginning or ending receipt of unearned income; or

(
m)
enrollment in a certified trade school or an accredited college or university.

(
3)
"Child protective services" has the same meaning as defined in Section
63-7-20
.

(
4)
"Childcare" has the same meaning as defined in Section
63-13-20
.

(
5)
"Childcare Assistance Program" or "CCAP" means South Carolina's childcare
subsidy program providing families, who meet the eligibility requirements of
this administrative regulation, with the financial resources to find and afford
quality childcare.

(6) "Childcare operator" has the same meaning
as defined in Section
63-13-20
.

(
7)
"Department" means the Department of Social Services.

(
8)
"Employment" means public or private, permanent or temporary work for an
average of twenty hours per week for compensation or as an unpaid job
requirement.

(
9)
"Family" means an applicant or parent, a child, and another responsible adult
if present, residing in the same home.

(
10)
"Family childcare home" has the same meaning as defined in Section
63-13-20
.

(
11)
"Family Independence" or "FI" means South Carolina's Temporary Assistance for
Needy Families money payment program established pursuant to Article 9, Chapter
5, Title 43.

(12) "Good academic standing" means a student
is meeting the trade school, college, or university's requirements for
attendance and satisfactory progress toward the completion of coursework.

(13) "Health professional" means a person
actively licensed as a:

(
a)
physician;

(
b)
physician assistant;

(
c)
advanced practice registered nurse;

(
d)
mental health professional; or

(
e)
registered nurse.

(14) "Homeless" means an individual or a
family lacking a fixed, regular, and adequate nighttime residence, including a
child experiencing homelessness as defined by 45 C.F.R. 98.2.

(15) "In loco parentis" means a person acting
in place of a parent, including:

(
a)
a legal guardian;

(
b)
an individual related by blood, marriage, or adoption to the child; or

(
c)
a nonrelative pursuing legal custody of the child.

(
16)
"Parent" means the same as defined by 45 C.F.R. Section 98.2.

(
17)
"Preventive services" means those services which are designed to help maintain
and strengthen the family unit by preventing or eliminating the need for
removal of children from the family.

(
18)
"Qualified immigrant" means a child lawfully admitted to permanent residence
pursuant to 8

U.S.C. Sections 1101 to
1524.

(
19)
"Related" means having one of the following relationships:

(
a)
child;

(
b)
stepchild;

(
c)
grandchild;

(
d)
great-grandchild;

(
e)
niece;

(
f)
nephew;

(
g)
sibling;

(
h)
child in legal custody; or

(
i)
child living in loco parentis.

(
20)
"Responsible adult" means a person other than the applicant who is in the child's
household and who is:

(
a)
the natural parent, adoptive parent, or stepparent; or

(
b)
the spouse of an individual caring for a child in loco parentis.

(
21)
"State median income" or "SMI" means the estimated median income of households
in the State.

(
22)
"Supplemental Nutrition Assistance Program" or "SNAP" means the federal food
assistance program defined by 7 U.S.C. Section 2012.

(
23)
"Teen parent" means a head of household under the age of twenty and attending
high school or obtaining a GED.

S
ection
63-13-1420
.
(
A) A child is
eligible to receive CCAP if the child meets the requirements specified in Section
63-13-1430
and resides with:

(
1)
an applicant who has employment an average of twenty hours per week;

(
2)
an applicant and a responsible adult who have employment an average of forty
hours per week combined, if the individual with the least employment has an
average of at least five hours of employment per week;

(
3)
an applicant and a responsible adult if either the applicant or the responsible
adult has employment an average of twenty hours per week, and the other is
physically or mentally unable to provide adequate care or supervision as
documented by a written statement from a health professional;

(
4)
a relative or fictive kin caregiver pursuant to Chapter 7 of this title who
meets:

(
a)
all requirements in this section; and

(
b)
income eligibility standards established in Section
63-13-1450
;

(
5)
a teen parent attending high school or pursuing a general equivalency degree
(GED), including a period of recess or temporary break; or

(
6)
an applicant who meets the eligibility requirements specified in Section
63-13-1440
.

(
B)
A child is eligible to receive CCAP for a minimum of three months or in
accordance with Section
63-13-1480
if the child meets the requirements
specified in Section
63-13-1430
and resides with:

(
1)
an applicant who is homeless;

(
2)
an applicant who is engaged in job search; or

(
3)
a recipient after the loss of employment or cessation of attendance at a job
training or educational program in accordance with 42 U.S.C. Section
9858c(c)(2)(N)(iii), to allow for job search or resumption of work or
attendance at job training or educational program.

(
C)
A child is eligible to receive CCAP for a minimum of three months if the child
meets the requirements established in Section
63-13-1430
and resides with an
applicant who provides identification and reports that he or she is:

(
1)
working; or

(
2)
attending an educational program.

(
D)
To the extent funds are available, a household shall have all earned and
unearned income excluded from the eligibility determination if an applicant or
responsible adult meets the requirements of subsection (A) and has verified
employment in a regulated:

(
1)
licensed childcare center; or

(
2)
registered family childcare home.

(
E)
To the extent funds are available, a household shall have all earned and
unearned income excluded from the eligibility determination for a child under
the care of a foster parent who is working outside the home or teleworking
inside the home and meets the requirements of subsection (A).

(
F)
Compliance with subsection (A) for an applicant or a responsible adult who is
self-employed shall be determined by dividing income calculated in accordance
with Section
63-13-1450
(F)(4) by an hourly pay rate of no less than minimum
wage.

S
ection
63-13-1430
.
(
A) A child is
eligible for childcare assistance, if the child:

(
1)
is a:

(
a)
resident of South Carolina; and

(
b)
U.S. citizen or qualified immigrant;

(
2)
is under the age of:

(
a)
thirteen at the time of application or recertification; or

(
b)
nineteen at the time of application or recertification and is:

(
i) physically or mentally incapable
of caring for themselves, as demonstrated by a written document provided by a
health professional;

(
ii) under court supervision; or

(
iii) identified as a priority by
federal statute, regulation, or funding source; and

(
3)
has a current immunization certificate showing that the child is immunized,
unless:

(
a)
there is an exception pursuant to law; or

(
b)
the child is attending:

(
i) a licensed childcare center;

(
ii) a registered family childcare
home;

(
iii) a public school;

(
iv) a Head Start program; or

(
v) another entity that requires the
immunization record.

(
B)
If a child served by the CCAP is not immunized, childcare assistance benefits
shall be available or continue for a period of thirty calendar days following
the notification of the needed immunization while the family takes necessary
action to comply with the immunization requirement.

(
C)
A family is not eligible for a CCAP benefit if care is provided by:

(
1)
a parent or stepparent;

(
2)
a legal guardian;

(
3)
a member of the FI or SNAP case in which the child in need of childcare
assistance is included;

(
4)
a person living in the same residence as the child in need of care;

(
5)
a childcare operator that is:

(
a)
not licensed as a private childcare center or group childcare home pursuant to
Article 3 of this chapter;

(
b)
not approved as a public childcare center or group childcare home pursuant to
Article 5 of this chapter;

(
c)
not registered as a family childcare home pursuant to Article 7 of this chapter;
or

(
d)
not registered as a church or religious childcare center or group childcare
home pursuant to Article 9 of this chapter;

(
6)
a Head Start program unless the childcare is provided before, after, or in
between the Head Start program's operating hours as wrap-around childcare; or

(
7)
another childcare operator if the family operates the childcare business in the
home.

(
D)
If the restrictions specified in subsection (C) do not apply to the childcare
operator related to the child, the childcare operator related to the child may
be eligible for payment from CCAP if the requirements of Article 7 of this
chapter are met.

S
ection
63-13-1440
.
(
A) To the extent
funds are available, a child is eligible for CCAP if the child:

(
1)
resides with an applicant who:

(
a)
is enrolled in:

(
i) a certified trade school or an
accredited college or university; or

(
ii) a program that leads to a
degree or certification; and

(
b)
in accordance with subsection (B);

(
i) is in good academic standing with
the trade school, college, or university in which the applicant is enrolled;

(
ii) provides verification of
enrollment and good academic standing from the trade school, college, or
university in which the applicant is enrolled;

(
iii) meets income eligibility
criteria of Section
63-13-1450
; and

(
iv) has not received CCAP for more
than sixty months due to enrollment in a certified trade school or an
accredited college or university; and

(
2)
meets the requirements established in Section
63-13-1430
.

(
B)
While an applicant is enrolled in a certified trade school or an accredited
college or university:

(
1)
the applicant's coursework must be completed in-person or online; and

(
2)
the applicant must be classified as a part-time or full-time student as defined
by the trade school, college, or university, and enrolled in at least the
equivalent of six credit hours.

(
C)
An applicant who does not complete a term at a trade school, college, or
university is responsible for the cost of childcare tuition for the term.

S
ection
63-13-1450
.
(
A) A child is
eligible for CCAP if the family's income is less than or equal to eighty-five
percent of the SMI as prepared by the U.S. Census Bureau at initial
application, recertification, or recalculation.

(
B)
Except for a child who is eligible as specified in Section
63-13-1460
, gross
income received or anticipated to be received by the applicant and responsible
adult shall be considered when the department determines the family's
eligibility for the CCAP.

(
C)
A child who is eligible for CCAP as specified in Section
63-13-1460
is eligible
without regard to the family's income.

(
D)
Excluded income includes:

(
1)
FI child only payments, including back payment;

(
2)
a payment received from the kinship care program, pursuant to Chapter 7 of this
title, including back payment;

(
3)
educational grant, loan, scholarship, and work-study income;

(
4)
the value of a:

(
a)
SC Works Program supportive services payment pursuant to law; or

(
b)
SNAP E&T transportation payment pursuant to law;

(
5)
The value of United States Department of Agriculture program benefits including:

(
a)
donated food;

(
b)
supplemental food assistance received pursuant to 42 U.S.C. Section 1771;

(
c)
special food service program for a child pursuant to 42 U.S.C. Section 1775;

(
d)
nutrition program for the elderly pursuant to 42 U.S.C. Section 3001; and

(
e)
the monthly allotment pursuant to SNAP;

(
6)
payment made directly to a third party on behalf of the applicant or recipient
by a nonresponsible person;

(
7)
in-kind income;

(
8)
reimbursement for transportation in performance of an employment duty, if
identifiable;

(
9)
nonemergency medical transportation payment;

(
10)
highway relocation assistance;

(
11)
urban renewal assistance;

(
12)
federal disaster assistance and state disaster grant;

(
13)
home produce utilized for household consumption;

(
14)
housing subsidy received from federal, state, or local governments;

(
15)
receipt distributed to a member of certain Native American tribes by the
federal government pursuant to 25 U.S.C. Sections 1261, 1401, and 5501;

(
16)
funds distributed per capita to or held in trust for a member of a Native
American tribe by the federal government pursuant to 25 U.S.C. Sections 1261,
1401, and 5501;

(
17)
payment for supporting services or reimbursement of out-of-pocket expenses made
to an individual volunteering as a:

(
a)
senior health aide; or

(
b)
member of the:

(
i) Service Corps of Retired
Executives; or

(
ii) Active Corps of Executives;

(
18)
payment made to an individual from a program pursuant to 42 U.S.C. Section 4950
to 5085 if less than the minimum wage pursuant to state or federal law,
whichever is greater, including:

(
a)
Volunteers in Service to America (VISTA);

(
b)
foster grandparents;

(
c)
Retired and Senior Volunteer Program of AmeriCorps Seniors; or

(
d)
Seniors Companion Program of AmeriCorps Seniors;

(
19)
payment from the department for:

(
a)
child foster care; or

(
b)
adult foster care;

(
20)
energy assistance payment made pursuant to:

(
a)
the Low Income Home Energy Assistance Program (LIHEAP) pursuant to 42 U.S.C.
Section 8621; or

(
b)
other energy assistance payment made to an energy provider or provided in-kind;

(
21)
the principal of a verified loan;

(
22)
up to twelve thousand dollars to Aleuts and twenty thousand dollars to an
individual of Japanese ancestry for payment made by the United States
Government to compensate for a hardship experienced during World War II;

(
23)
the advance payment or refund of earned income tax credit;

(
24)
payment made from the Agent Orange Settlement Fund;

(
25)
payment made from the Radiation Exposure Compensation Trust Fund;

(
26)
up to two thousand dollars per year of income received by individual Native
Americans denied from a lease or other use of individually owned trust or
restricted lands;

(
27)
payment made to an individual because of the individual's status as a victim of
Nazi persecution;

(
28)
income received from temporary employment from the United States Department of
Commerce, Bureau of the Census;

(
29)
a payment received from the National Tobacco Growers Settlement Trust;

(
30)
a Tobacco Loss Assistance Program payment pursuant to 7 C.F.R. Section 1463;

(
31)
a payment received from a crime victim compensation program according to the
Antiterrorism and Effective Death Penalty Act of 1996 pursuant to 34 U.S.C.
Section 20102(c);

(
32)
a payment made, pursuant to 38 U.S.C. Section 1815 by the Veteran's
Administration, to children of female Vietnam veterans;

(
33)
a discount or subsidy provided to Medicare beneficiaries pursuant to 42 U.S.C. Section
1395w-141;

(
34)
any cash grant received by the applicant under the Department of State or
Department of Justice Reception and Placement Programs pursuant to 45 C.F.R. Section
400.66(d);

(
35)
reimbursement payment for a vocational rehabilitation individual participating
in Preparing Adults for Competitive Employment pursuant to 29 U.S.C. Section 723(a)(5);

(
36)
income or earnings from a program funded under the Workforce Innovation and
Opportunity Act pursuant to 20 C.F.R. Parts 676-678 or 34 C.F.R. Part 361 or
463;

(
37)
waiver reimbursement in accordance with the South Carolina Medicaid Home and
Community-Based Waiver program to a parent for the care of a child in the home;
or

(
38)
Supplemental Security Income (SSI) for a child.

(
E)
Deductions from gross income include:

(
a)
actual, legally obligated child support payment made by the applicant or
responsible adult to a

party not living in the
family's residence; and

(
b)
operating costs to determine adjusted gross income from self-employment.

(
F)
(
1) Gross income shall be computed by
using a best estimate of income that may exist in the benefit month.

(
2)
The following method shall be used to calculate a best estimate of earned
income other than earned self-employment:

(
a)
Cents shall:

(
i) not be rounded to the nearest
dollar before adding or multiplying hourly or daily earnings; and

(
ii) be rounded to the nearest
dollar before adding or multiplying weekly, biweekly, semimonthly, monthly,
quarterly, or annual earnings.

(
b)
Unless it does not represent the ongoing situation, income from all pay periods
in the preceding two calendar months shall be used.

(
c)
A monthly amount shall be determined by adding gross income from each pay
period, dividing by the total number of pay periods considered, and converting
the pay period figure to a monthly figure by multiplying a:

(
i) weekly amount by four and
one-third;

(
ii) biweekly amount by two and
one-sixth; or

(
iii) semimonthly amount by two.

(
d)
If income has recently begun and the applicant or recipient has not received a
calendar month of earned income, the anticipated monthly income shall be
computed by:

(
i) multiplying the:

(
A) hourly rate by the estimated
number of hours to be worked in a pay period; or

(
B) daily rate by the estimated
number of days to be worked in the pay period;

(
ii) converting the resulting pay
period figure to a monthly amount pursuant to subitem (c)(3); and

(
iii) rounding to the nearest
dollar.

(
3)
For a case with unearned income, other than unearned self-employment income, a
monthly

amount shall be
determined by:

(
a)
using the gross monthly amount of continuing, stable unearned income received
on a monthly basis; and

(
b)
averaging the amount of unstable unearned income received in the three prior
calendar months, unless it does not represent the ongoing situation.

(
4)
For a case with self-employment income, a monthly amount shall be determined as
follows:

(
a)
If the self-employment enterprise has been in operation for at least a year,
the income shall be prorated by dividing the income from the last calendar year
by twelve.

(
b)
If the self-employment enterprise has been in operation for less than a year,
the income shall be prorated by dividing by the number of months the business
has been in existence.

(
c)
Profit shall be determined by:

(
i) rounding the total gross income
to the nearest dollar;

(
ii) rounding the total amount of
allowable expenses to the nearest dollar;

(
iii) dividing total gross income
and total amount of allowable expenses separately by twelve or the appropriate
number of months, and rounding the quotients to the nearest dollar; and

(
iv) subtracting the rounded monthly
allowable expense quotient from the rounded monthly gross income quotient.

(
5)
If the department becomes aware of a change in circumstance, the best estimate
shall be recalculated.

S
ection
63-13-1460
.
(
A) A child is
eligible to receive CCAP if the child:

(
1)
resides with an applicant who:

(
a)
receives child protective or preventive services; or

(
b)
needs to receive child protective or preventive services based upon an
assessment conducted by child protective services' staff pursuant to Chapter 7
of this title; and

(
2)
meets the requirements listed in Section
63-13-1430
.

(
B)
A child must be approved for childcare assistance by the department in
accordance with subsection (A) without a separate application, as an integral
part of:

(
1)
a protective or preventive services plan in accordance with Chapter 7 of this
title;

(
2)
an assessment in accordance with Chapter 7 of this title;

(
3)
an aftercare plan in accordance with Chapter 7 of this title; or

(
4)
services offered to a relative or fictive kin caregiver in accordance with Chapter
7 of this title.

(
C)
The department shall waive the family copayment required by Section
63-13-1470

for a child who participates in CCAP as a result of child protective services
authorization for either protective or preventive CCAP.

S
ection
63-13-1470
.
(
A) Unless a family
copayment has been waived in accordance with Section
63-13-1460
(C), a family of
a child served by the CCAP is responsible for a copayment in accordance with
the family copayment table in subsection (C).

(
B)
If a court orders a parent of a CCAP-eligible child to pay a portion of the
child's childcare expenses, the court-ordered payment is in lieu of the family
copayment required by subsection (C).

(
C)
(
1) The department or its designee
shall determine a copayment that a family must pay to the childcare operator
for the cost of childcare, based on the following table:

12

CCAP Daily Copayment Chart

13

14

15

16

17

Gross Monthly Income Range ($)

Household

(HH) of 2

HH of 3

HH of 4

HH of 5

HH of 6

Deduct $1 for each additional household
member over age 6, with 0 being the lowest

18

0

1599.99

$0

$0

$0

$0

$0

$0

19

1,600

1,899.99

$4

$3

$2

$1

$0

$0

20

1,900

2,199.99

$5

$4

$3

$2

$1

$0

21

2,200

2,499.99

$6

$5

$4

$3

$2

$1

22

2,500

2,799.99

$7

$6

$5

$4

$3

$2

23

2,800

3,099.99

$8

$7

$6

$5

$4

$3

24

3,100

3,399.99

$9

$8

$7

$6

$5

$4

25

3,400

3,699.99

$10

$9

$8

$7

$6

$5

26

3,700

3,999.99

$11

$10

$9

$8

$7

$6

27

4,000

4,299.99

$12

$11

$10

$9

$8

$7

28

4,300

4,599.99

$13

$12

$11

$10

$9

$8

29

4,600

4,899.99

$14

$13

$12

$11

$10

$9

30

4,900

5,199.99

$15

$14

$13

$12

$11

$10

31

5,200

5,499.99

$16

$15

$14

$13

$12

$11

32

5,500

5,799.99

$17

$16

$15

$14

$13

$12

33

5,800

6,099.99

$18

$17

$16

$15

$14

$13

34

6,100

6,399.99

$19

$18

$17

$16

$15

$14

35

6,400

6,699.99

$20

$19

$18

$17

$16

$15

1

6,700

6,999.99

$21

$20

$19

$18

$17

$16

2

7,000

7,299.99

$22

$21

$20

$19

$18

$17

3

7,300

7,599.99

$23

$22

$21

$20

$19

$18

4

7,600

7,899.99

$24

$23

$22

$21

$20

$19

5

7,900

8,199.99

$25

$24

$23

$22

$21

$20

6

7

For every $300 over $8,199.99, add $1 to
the HH size amount

(
2)
The maximum copayment for an eligible family with more than five members is
twenty-five dollars.

(
3)
In accordance with 45 C.F.R. Section 98.21, a copayment for an eligible family
shall:

(
a)
be determined at initial application or recertification; and

(
b)
not increase during the twelve-month eligibility period.

S
ection
63-13-1480
.
(
A) Continued
eligibility under the CCAP must be recertified at least every twelve months.

(
B)
Eligibility must be reviewed at each twelve-month recertification for a child
who is placed with a relative or fictive kin caregiver. A child who is placed
with a relative or fictive kin caregiver remains eligible pursuant to Section
63-13-1460
for as long as the department determines that childcare is necessary
in order to prevent child maltreatment or entry into the foster care system.

(
C)
Eligibility must be reviewed and recalculated due to a known or reported change
in circumstance and shall:

(
1)
continue for twelve months unless a nontemporary circumstance is reported,
including:

(
a)
a change in income, with income exceeding eighty-five percent of South
Carolina's SMI;

(
b)
the end of a recipient's eligible activity; or

(
c)
a move out-of-state; and

(
2)
be readjusted to twelve months from the date of the reported change or
verification of a new child in the household.

(
D)
Unless a nonrelative is approved as fictive kin pursuant to Chapter 7 of this
title, and Section
63-13-1460
, a nonrelative who is acting in loco parentis for
a child must be required to show proof of efforts to seek permanent custody of
the child or adopt the child as a condition of continued eligibility for CCAP.

(
E)
In accordance with 42 U.S.C. Section 9858c(c)(2)(N), if a family's income does
not exceed eighty-five percent of South Carolina's SMI, the family remains
eligible for CCAP until recertification in accordance with this section.

(
F)
(
1) Effective September 1, 2026, to
the extent funds are available, the department shall implement a transitional
period in the Child Care Assistance Program. A child enrolled shall continue to
receive assistance for six months after becoming ineligible due to exceeding
the income limitations established in Section
63-13-1450
.

(
2)
During the transitional period established in item (1), the provider shall
continue to receive fifty percent of the lesser amount of the
provider-subsidized rate or maximum payment rate established pursuant to law,
rounded up to the nearest whole dollar.

S
ECTION 2. This act takes effect upon approval
by the Governor.

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This web page was last updated on January 13, 2026 at 12:28 PM