ASSEMBLY, No. 4943

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED DECEMBER 8, 2022

 


 

Sponsored by:

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

Assemblywoman  ANGELICA M. JIMENEZ

District 32 (Bergen and Hudson)

Assemblywoman  GABRIELA M. MOSQUERA

District 4 (Camden and Gloucester)

 

Co-Sponsored by:

Assemblywoman Jaffer

 

 

 

 

SYNOPSIS

     Prohibits DHS from deeming certain teachers and school employees ineligible for child care subsidies due to number of hours worked when school is not in session for students.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning criteria for eligibility of subsidized child care services and amending P.L.1993, c.46.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 2 of P.L.1993, c.46 (C.30:5B-31) is amended to read as follows:

     2.    a.  The Commissioner of Human Services is authorized to establish criteria for determining financial and programmatic eligibility for child care services subsidized through State and federal funding sources, including provisions for the submission of proof of income and resources, and such other documentation as may be necessary to establish programmatic eligibility. 

     The criteria established by the commissioner pursuant to this subsection shall provide that an applicant or participant who is a teacher or other school employee shall not be determined ineligible for subsidies due to the number of hours worked during weeks that fall outside of the school year.  A teacher or other school employee who qualifies for subsidies under this subsection shall not be required to report to the Department of Human Services changes in the number of hours worked during weeks that fall outside of the school year, but shall be required to participate in any redetermination process required by the commissioner of all participants.  As used in this subsection, “school year” means the part of the year in which a school or school district is in session for students.

     b.    The commissioner is authorized to establish resource limits and a sliding fee scale applicable to participants based on income guidelines for all families eligible for subsidized child care services.  In setting such fees, the commissioner shall give consideration to maximizing federal funding and to effectively utilizing all State and federal funding sources available for the purpose of subsidizing child care services in New Jersey. 

     c.     The commissioner shall adopt such rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as are necessary to carry out the purposes of this act. 

(cf: P.L.1993, c.46, s.2)

 

     2.    This act shall take effect on the first day of the fourth month  next following the date of enactment, but the Commissioner of Human Services may take such anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.

STATEMENT

 

     This bill prohibits the Department of Human Services (DHS) from deeming certain teachers and school employees ineligible for child care subsidies due to number of hours worked when school is not in session for students.  The Division of Family Development in the DHS administers the State’s child care subsidy program, which provides low-and moderate-income working parents with subsidies for child care, including preschool instruction, after-school programs for children up to age 13, and care for children and teens with special needs.  In order to be eligible for the program, a parent must be a New Jersey resident, work a minimum of 30 hours per week or be enrolled in a school or training program for a minimum of 20 hours, and meet certain income requirements.  

     This eligibility criteria regarding number of weekly hours worked is challenging for teachers and school employees, who are otherwise eligible for subsidies, but who are not employed 30 hours or more a week during certain times of the year when schools are not in session for students.  Currently, a teacher or other school employee, deemed eligible for subsidies initially, may be determined ineligible during the redetermination process due to non-compliance with the weekly work requirement. 

     This bill mandates that an applicant or participant in the State’ s child care subsidy program who is a teacher or other school employee is not to be determined ineligible for subsidies due to number of hours worked during weeks that fall outside of the school year.  As used in the bill, “school year” means the part of the year in which a school or school district is in session for students.

     Moreover, a teacher or other school employee who qualifies for subsidies under the bill are not required to report to the DHS changes in the number of hours worked during weeks that fall outside of the school year, but are required to participate in any redetermination process required by the commissioner of all participants.