New Jersey A 3119: Extends duration of law requiring certain provider subsidy payments for child care services be based on enrollment.

Bill Text

A3119 

ASSEMBLY, No. 3119 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman LISA SWAIN

District 38 (Bergen)

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Co-Sponsored by:

Assemblywomen Haider, Reynolds-Jackson, Assemblyman Singh 
and Assemblywoman Brennan

SYNOPSIS

���� Extends duration of law requiring certain provider 
subsidy payments for child care services be based on enrollment.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

��

An Act concerning child care subsidies and amending 
P.L.2021, c.324.

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

���� 1.� The title of P.L.2021, 
c.324 is amended to read as follows:

An Act concerning State subsidies to child care providers, supplementing Title 30 of the Revised Statutes, 
and making an 
appropriation.

(cf: P.L.2021, c.324, Title)

���� 2.� Section 1 of P.L.2021, 
c.324 (C.������� ) is amended to read as follows:

���� 1.� a.� For the period 
beginning on the effective date of P.L.2021, c.324 and ending June 30, [2022] 2025, 
and notwithstanding any law, rule, or regulation to the contrary and in 
addition to any other criteria set forth by the Division of Family Development 
in the Department of Human Services to determine a provider�s subsidy payment 
for child care services, the division shall determine the subsidy payment for 
child care services issued to a licensed child care center or a registered 
family day care provider based on the number of children enrolled with the 
provider who are eligible for child care services.� At no time during this 
period shall a subsidy payment for child care services issued to a licensed 
child care center or a registered family day care provider be based on the 
attendance of eligible children for child care services.

���� b.� (1) A licensed 
child care center or a registered family day care provider for which the 
subsidy payment is based on enrollment of children who are eligible for child 
care services shall comply at all times with requirements concerning the ratio 
of staff to enrolled children, as established pursuant to regulation by the 
Office of Licensing in the Department of Children and Families.� At no time 
shall this ratio be based on the attendance of children eligible for child care 
services.

���� �(2) A licensed child care 
center or a registered family day care provider receiving an enrollment-based 
subsidy payment pursuant to this section shall pay wages to its staff, and 
determine the number of hours worked by staff, based on the number of children 
enrolled with the provider who are eligible for child care services.� At no 
time shall the amount of wages paid to staff or the number of hours worked by 
staff be based on the attendance of children eligible for child care services.

���� �(3) A licensed child care 
center or a registered family day care provider receiving an enrollment-based 
subsidy payment pursuant to this section shall continue to receive such 
payments until the division issues the final report required pursuant to 
subsection c. of this section, at which time the division may consider to 
extend the payment of enrollment-based subsidies to licensed child care centers 
and registered family day care providers in accordance with P.L.2021, c.324 
(C.����� ).

���� c.� [Within 12 months following the 
effective date of this act, the division shall conduct a study and submit a 
written report to the Governor and, pursuant to section 2 of P.L.1991, c.164 

(C.52:14-19.1), to the Legislature] 
The division shall conduct a study comparing the costs of basing child 
care provider subsidy payments on the number of children enrolled who are 
eligible for child care services and basing such subsidy payments on the number 
of children in attendance who are eligible for child care services.� As part of 
the study and [report] the report 
issued pursuant to this section, the division may consider other measures 
that may be taken with respect to the payment of subsidies to licensed child 
care centers and registered family day care providers to ensure stability for 
providers and best serve families of children eligible for child care services.

���� The division shall issue a 
report on the study to the Governor and, pursuant to section 2 of P.L.1991, 
c.164 (C.52:14-19.1), to the Legislature within three years of the effective 
date of P.L.��� , 

c.��� (C.������� ) (pending before the Legislature as this bill) .

���� d.� The Commissioner of Human 
Services shall apply for such State plan amendments or waivers as may be 
necessary to implement the provisions of this section and to continue to secure 
any available federal financial participation for the applicable child care 
programs.

���� e.� As used in this section, 
�child care services� means those services provided to eligible children, as 
c