SENATE BILL 379

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

John M. Sapien and Larry A. Larrañaga

FOR THE LEGISLATIVE FINANCE COMMITTEE

AN ACT

RELATING TO HUMAN SERVICES; ENACTING THE CHILD CARE ASSISTANCE ACCOUNTABILITY ACT; REQUIRING THE CHILDREN, YOUTH AND FAMILIES DEPARTMENT TO ESTABLISH THE CHILD CARE ASSISTANCE ACCOUNTABILITY PROGRAM; PROVIDING FOR RULEMAKING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Child Care Assistance Accountability Act"."

     SECTION 2. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Child Care Assistance Accountability Act:

          A. "child care assistance" means assistance administered by the department that provides child care through the child care assistance accountability program as the primary service delivery strategy through a contract with the department and that offers services based on income criteria to parents with children who have not yet entered kindergarten;

          B. "culturally and linguistically appropriate" means taking into consideration the culture, customs and language of an eligible family;

          C. "department" means the children, youth and families department;

          D. "eligible family" means a family that receives child care assistance through the department; and

          E. "evidence-based quality rating tool" means a reliable, validated observational instrument linked through research to student achievement and development." 

     SECTION 3. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] CHILD CARE ASSISTANCE ACCOUNTABILITY PROGRAM--REQUIREMENTS.--

          A. The department shall provide a statewide infrastructure for child care assistance to support child care through the child care assistance accountability program, which shall:

                (1) establish a consistent statewide system of child care assistance;

                (2) provide a common framework for service delivery and accountability across all child care assistance programs;

                (3) deliver a variety of educational, developmental, referral and other support services for eligible families with children who have not yet entered kindergarten;

                (4) be designed to promote child well-being, early education and an emphasis on school readiness while also supporting working families and families going to school;

                (5) provide voluntary access based on income; and

                (6) allow for the collection, aggregation and analysis of common data.

          B. Any child care assistance program under the child care assistance accountability program shall:

                (1) be research-based and grounded in relevant, empirically based best practices and knowledge to measure if and ensure that:

                     (a) children are nurtured by their parents and caregivers;

                     (b) children are physically and mentally healthy;

                     (c) children are safe;

                     (d) families are connected to formal and informal supports in their communities; and

                     (e) children are ready for school;

                (2) have comprehensive child care standards that ensure high-quality service delivery and continuous quality improvement; 

                (3) demonstrate significant, sustained positive outcomes;

                (4) follow program standards that specify the purpose, outcomes, duration and frequency of services that constitute the program;

                (5) follow a research-based curriculum that is aligned with all of the developmental domains as outlined in the New Mexico early learning guidelines;

                (6) employ a well-trained and competent staff and provides that staff with continual professional supervision and development;

                (7) operate within an organization that ensures compliance with child care assistance accountability standards;

                (8) continually evaluate student and program performance to ensure fidelity to the program standards;

                (9) collect data on program activities and program outcomes; and

                (10) be culturally and linguistically appropriate."

     SECTION 4. A new section of the Children's Code is enacted to read:

     "[NEW MATERIAL] CHILD CARE ASSISTANCE ACCOUNTABILITY PROGRAM--REPORTING.--

          A. The department shall ensure that all programs participating in the child care assistance accountability program adhere to stated program outcomes and objectives by implementing a system to rate the quality of participating programs based upon health and safety standards, staff qualifications and training, child-to-provider ratios, implementation of quality improvement activities, adherence to state-approved early learning guidelines and other department-approved criteria; and either:

                (1) accreditation by an external private organization approved by the department that meets the same requirements for the highest level of quality; or

                (2) health and safety standards and a validated score on an evidence-based quality rating tool by a department-approved independent evaluator.

          B. The department shall implement a rating scale using at least three and no more than five levels of quality to rate a child care assistance program and use the ratings to pay higher rates for higher-rated individual child care assistance programs under the child care assistance accountability program.

          C. Programs participating in the child care assistance accountability program shall:

                (1) promote positive parenting practices;

                (2) enhance children's social-emotional and language development;

                (3) support children's cognitive and physical development;

                (4) improve coordination of referrals for, and the provision of, other community resources and supports for eligible families;

                (5) increase children's readiness to succeed in school; and

                (6) improve child health outcomes. 

          D. When the department authorizes funds through payments, contracts or grants that are used for child assistance programs under the child care assistance accountability program, the department shall include language regarding child care in its funding agreement contract or grant that is consistent with the provisions of the Child Care Assistance Accountability Act.

          E. The department, the legislative finance committee and the department of finance and administration, in accordance with the provisions of the Accountability in Government Act, shall:

                (1) develop an outcomes measurement plan to monitor outcomes for children and families receiving services through child care assistance programs;

                (2) develop indicators that measure each objective established in the Child Care Assistance Accountability Act; and

                (3) complete and submit the outcomes measurement plan by July 1, 2015 to the legislature, the governor and the state early learning advisory council.

          F. Beginning July 1, 2016 and annually thereafter, the department shall produce an annual outcomes report to the governor, the legislature and the state early learning advisory council that shall include:

                (1) the goals and achieved outcomes of the child care assistance accountability program implemented pursuant to the Child Care Assistance Accountability Act; and

                (2) the following data:

                     (a) the number and type of child care assistance programs that the department has funded;

                     (b) the stated reasons that families have applied for child care assistance;

                     (c) the number of eligible children served, including the monthly average and the total served;

                     (d) the total eligible children served by region;

                     (e) the demographic data on eligible families and children served;

                     (f) the percentage of children receiving child care assistance by quality level and provider type;

                     (g) the average monthly participation by eligible children in the child care assistance accountability program;

                     (h) for children who participate in the child care assistance accountability program: 1) any evidence of an increase in school readiness, child development and literacy; 2) the percentage of children who enter kindergarten ready to learn, as measured by a kindergarten entry assessment; 3) the percentage of children who are proficient at third grade reading and math; 4) the percentage of children who are retained in kindergarten, first grade, second grade or third grade; 5) the percentage of children who participate in special education; 6) the percentage of children receiving regular immunizations; 7) the percentage of children receiving regular well-child exams, as recommended by the American academy of pediatrics; 8) the number of children identified with potential developmental delay and, of those, the number who began services within two months of screening; and 9) evidence that children receive regular meals;

                     (i) for child care assistance programs participating in the child care assistance accountability program: 1) screening of provider staff and other adults in close proximity to locations for provision of care; 2) staff retention rates; 3) staff wages; and 4) staff certification and education levels;

                     (j) evidence that families are engaged; and

                     (k) any additional reporting agreed upon by all parties to the agreement."

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