Maryland Code § ED-9.5-113

Section ED-9.5-113
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(a) In this section, "Program" means the Child Care Scholarship Program.
(b) The Department shall administer the Program in accordance with
federal law.
(c) (1) The Department shall:
(i) Establish a process that meets the requirements of this
subsection for granting presumptive eligibility for a subsidy under the Program; and
(ii) Incorporate the framework of the Youth Transitioning
From Foster Placement to Successful Adulthood Program as established under § 9.5-
113.2 of this subtitle.
(2) An individual shall attest that the individual meets the eligibility
requirements for a subsidy under the Program by completing and electronically
submitting a form provided by the Department, including a statement of the
individual's estimated annual household income.
(3) The Department shall provide a subsidy under the Program to an
individual who submits a form under paragraph (2) of this subsection for a period:
(i) Beginning on the day on which the individual submits the
form; and
(ii) Ending:
1. If the individual does not fill out an application
within 15 days in accordance with paragraph (4) of this subsection, 60 days after the
date on which the individual submits the form under paragraph (2) of this subsection;
or

2. If the Department determines that the individual
does not qualify for a subsidy under the Program after reviewing the individual's
application submitted in accordance with paragraph (4) of this subsection, the later
of:
A. 60 days after the date on which the individual
submits the form under paragraph (2) of this subsection; or
B. The date on which the Department makes the
determination.
(4) To continue to receive a subsidy under the Program, an individual
who submits a form under paragraph (2) of this subsection shall submit an
application for a subsidy under the Program within 15 days after the date on which
the individual submits the form under paragraph (2) of this subsection.
(5) The Department or the Comptroller may not seek reimbursement
or repayment of a subsidy provided to an individual under paragraph (3) of this
subsection if the Department determines the individual does not qualify for a subsidy
under the Program under paragraph (3)(ii)2 of this subsection, except for suspected
fraud.
(6) (i) In this paragraph, "Fund" means the Child Care
Scholarship Program Presumptive Eligibility Fund.
(ii) There is a Child Care Scholarship Program Presumptive
Eligibility Fund.
(iii) The Department shall administer the Fund.
(iv) 1. The Fund is a special, nonlapsing fund that is not
subject to § 7-302 of the State Finance and Procurement Article.
2. The State Treasurer shall hold the Fund separately,
and the Comptroller shall account for the Fund.
(v) The Fund consists of:
1. Money appropriated in the State budget to the Fund;
2. Reimbursements made in accordance with
subparagraph (viii) of this paragraph; and

3. Any other money from any other source accepted for
the benefit of the Fund.
(vi) The Fund may be used only to award a subsidy under the
Program in an amount sufficient to provide child care for an individual who is granted
presumptive eligibility until:
1. The individual either fails to complete the full
application within 15 days or is found ineligible for a subsidy under the Program and
the time period described under paragraph (3) of this subsection lapses; or
2. The individual is found eligible to participate in the
Program.
(vii) For fiscal year 2024 and each fiscal year thereafter, the
Governor shall include in the annual budget bill an appropriation to the Fund at least
equal to the amount recommended by the Department in the study conducted in
accordance with Section 3 of Chapters 525 and 526 of the Acts of the General
Assembly of 2022 that is necessary to provide payment of the subsidy amount for
which an individual who is presumptively eligible qualifies.
(viii) If an individual is found eligible to participate in the
Program, federal and matching State funds available under the federal Child Care
Development Fund shall be used to reimburse the Fund for any expenditures made
in accordance with subparagraph (vi) of this paragraph.
(ix) 1. The State Treasurer shall invest the money of the
Fund in the same manner as other State money may be invested.
2. Any interest earnings of the Fund shall be credited
to the General Fund of the State.
(d) The Department shall award a scholarship under the Program in an
amount sufficient to ensure that an individual will not be required to pay a copay for
child care if the individual provides proof, as determined by the Department, of:
(1) (i) Participation in one of the following programs:
1. Federal Special Supplemental Food Program for
Women, Infants, and Children;
2. Federal Supplemental Nutrition Assistance
Program;

3. Federal Housing Act Housing Choice Voucher
Program;
4. Supplemental Security Income benefits; or
5. Temporary cash assistance; and
(ii) Employment or enrollment in an education or career
training program; or
(2) Participation in the Youth Transitioning From Foster Placement
to Successful Adulthood Program established under § 9.5-113.2 of this subtitle.
(e) An individual is eligible to continue to receive a scholarship under the
Program:
(1) For at least 90 days in a year if the individual is unemployed and
seeking employment; and
(2) If the individual meets any other eligibility criteria determined
by the Department.
(f) The Department may not require an individual to pursue or receive child
support payments or apply for services from a child support agency to be eligible for
a scholarship under the Program.
(g) (1) The Department shall notify the Comptroller within 10 days after
the date on which the Department receives an invoice from a child care provider.
(2) The Comptroller shall pay a child care provider within 5 days
after the date on which the Comptroller receives a notice under paragraph (1) of this
subsection.
(h) The Department shall adopt regulations to implement the provisions of
this section.

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