32A-32-4. Fiscal controls.
852 words·~4 min read·
/nm/chapter-32a-children-s-code/article-32-child-care-assistance-program/32a-32-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A parent or legal guardian may be required to pay a child care facility a copayment for child care services; provided, however, that the department shall provide a parent or legal guardian with ninety days' notice prior to the implementation of a copayment.
B. Beginning after one of the conditions pursuant to Subsection C of this section is met, and continuing through the remainder of the applicable fiscal year, the department shall develop and implement one or more of the following:
(1)a sliding scale payment schedule applicable to monthly copayments as provided in Subsection D of this section;
(2)a waitlist as provided in Subsection E of this section if demand for child care assistance exceeds the availability of funds within the fiscal year; or
(3)a combination of both Paragraphs
(1)and
(2)of this subsection.
C. The department shall develop and implement one or more of Paragraphs
(1)through
(3)of Subsection B of this section if, in a given year, any of the following conditions is met:
(1)the number of children receiving child care assistance services exceeds that year's projected enrollment by three percent as determined by the department and reported to the legislative finance committee on August 1 of each calendar year;
(2)the state recurring general fund revenue growth percentage is projected to be lower than the percentage change in the annual consumer price index for all urban consumers for the prior calendar year as determined by the consensus revenue estimating group;
(3)the twelve-month average percentage change in the annual consumer price index for all urban consumers exceeds three percent;
(4)the average price for west Texas intermediate crude oil during the applicable fiscal year is less than fifty dollars ($50.00) per barrel as determined by the consensus revenue estimating group; or
(5)the department identifies a different or additional condition.
D. For a sliding scale payment schedule applicable to monthly copayments pursuant to Paragraph
(1)of Subsection B of this section, the payment schedule shall be implemented to ensure that the amount appropriated for the child care assistance program is sufficient to meet the costs of the program and that a monthly copayment shall not exceed one-twelfth of the percentages provided in Paragraphs
(1)through
(3)of this subsection as applied to an applicant's annual household income. The payment schedule shall be as follows:
(1)copayments for an applicant with an annual household income of six hundred percent or less of the federal poverty level shall be waived;
(2)copayments shall be three percent or less of the annual household income for a household with income greater than six hundred percent but not exceeding nine hundred percent of the federal poverty level for all children in care; provided that the amount shall not exceed twenty-five percent of the average rate paid for the applicable age group to the child care facility; and
(3)copayments shall be seven percent or less of the annual household income for a household with income greater than nine hundred percent of the federal poverty level for all children in care; provided that the amount shall not exceed fifty percent of the average rate paid for the applicable age group to the child care facility.
E. For a waitlist maintained pursuant to Paragraph
(2)of Subsection B of this section, to avoid a possible funding deficiency, the department shall prioritize all available child care assistance for children with developmental delays or disabilities, at- risk children and children from birth to age three in households with annual household incomes of less than four hundred percent of the federal poverty level. The department shall report to the legislative health and human services committee and the legislative finance committee biannually regarding waitlist implementation, including the number of children added to the waitlist by month and the number of children moved off of the waitlist by month. The reports shall include redacted demographic information, including each family’s annual income as a percentage of the federal poverty level, the length of time each child has been on the waitlist, the age of the child and the child’s at- risk factors, if applicable.
F. The department shall expend federal child care assistance funds, including required state match and maintenance of efforts amounts, for federally eligible children prior to expending state funds for child care assistance. The department shall reasonably ensure that eligible federal and state child care tax benefits are maximized.
G. The department shall provide child care assistance to children aged six through twelve years who are eligible for federal child care assistance, and the department shall not exceed thirteen thousand child care assistance slots for children aged six through twelve years who are not federally eligible, except as provided for a child through age eighteen years if that child is under court supervision or is physically or mentally incapable of self-care. The department shall maintain a waitlist and prioritize applicants based on whether an application is for an at-risk child and on families' annual incomes from lowest to highest percentage of the federal poverty level.
History: Laws 2026, ch. 63, § 5.