Chapter 10A. Child Care.

at least quarterly, hold an information session:

provide technical assistance and coordinate business training to family child care providers;

if a potential family child care provider is pursuing registration or licensing and has submitted an application to the State Office of Child Care, provide technical assistance and general program support to the provider; and

provide services in Spanish, and other languages as requested, in a culturally competent manner.

Commission means the Commission on Child Care.

Child care means caring for a child on a regular basis for pay.

The increasing number of single-parent families and families in which both parents work outside the home has increased dramatically the need for infant, preschool and before- and after-school child care services.

Parents of all income levels need high-quality, affordable and accessible child care in order to help strengthen families, increase the productivity of the County’s work force, and further many of the County’s economic development and social objectives.

Montgomery County government has a responsibility to develop a comprehensive package of initiatives and policies designed to help families meet the wide variety of child care needs.

The purpose of the Commission is to advise the County Executive and the County Council on the development of government policies, programs and services that enhance community support for high-quality, affordable and accessible child care.

The members of the Commission are appointed by the County Executive, subject to confirmation by the County Council.

The Commission has 17 voting members and 6 to 8 nonvoting members. The County Executive should appoint the voting members so that:

The Superintendent of Schools, the Chairman of the Montgomery County Planning Board, the President of Montgomery College, or their designees, are nonvoting members of the Commission. Two designees of the Director of the Department of Health and Human Services and one designee of the Director of the Community Use of Public Facilities are also nonvoting members of the Commission. In addition, upon

Each member must reside or work in Montgomery County.

Commission members serve for 3 years.

A member must not serve more than 2 consecutive 3-year terms.

The Commission must issue an annual report by October 1 of each year that addresses the County’s child care needs and that recommends short- and long-term priorities the County government should follow to improve services in support of child care. The Division on Child Care must assist the Commission in preparing the report.

In order to develop the report, the Commission may:

The Commission must meet at least 6 times a year on a day and at a time set by the Commission. The Commission may meet at other times at the call of the Chair or at the request of 9 members of the Commission.

A majority of the members of the Commission constitutes a quorum for transacting of business.

Action by the Commission requires a majority vote of those present.

the feasibility of including child care facilities in the project; and

what capital or operating budget modifications, if any, would be needed to include child care facilities in the project.

compatibility of child care with the underlying project;

local availability of and demand for child care in the area of the project; and

conformity of child care facilities to applicable zoning and land use plans.

Increase the number of children served;

Help a center or home begin operation; or

Keep in operation a center or home that otherwise is likely to stop operating.

Establish, or increase the capacity of, the center or home; or

Meet licensing, zoning, building, or other government-imposed requirements.

Buying land or a building;

Building, repairing or renovating all or part of a building;

Buying furniture or equipment with a useful life of at least 3 years; and

Fees for architects, engineers, accountants, lawyers or other professional services needed to buy, build, repair or renovate a building.

Lending standards and priorities;

Interest rates, terms and conditions;

Payment schedules, which may be granted;

Application procedures, and ways to document need;

Procedures for referring applicants to other sources of funds, and for cooperating with other public and private sources of funds;

Procedures to ask the director to reconsider any denial of a loan or any decision on interest rate, terms and conditions;

Criteria for adequate security; and

Procedures for nonpayment or default.

Disburse funds and collect payments for any loan made under the program;

Report any nonpayment or default to the Department of Health and Human Services; and

Maintain loan records and provide an annual report to the Department of Health and Human Services.

Early care and education is an essential service and economic imperative for the well-being of children, families, employers, and the greater community.

High quality ECE services prepare young children to enter school ready to learn and start on a pathway of success in life.

Accessible ECE programs are economic drivers that allow parents to participate in the workforce and support the local economy. ECE programs play a key role in workforce development by attracting and retaining a talented workforce through support to families with young children, and by addressing the opportunity gap to ensure a future skilled workforce by addressing the opportunity gap.

A strong system of high quality, accessible, sustainable ECE is needed to support the well-being of children and families in the County and eliminate systemic racism and structures that have been barriers for vulnerable, racially and ethnically diverse populations.

Designating an independent nonprofit entity to work with key stakeholders will ensure community priorities are reflected in a collaborative and robust system that supports all residents having access to high quality, affordable early care and education.

For purposes of this Section, the following terms have the meanings indicated.

The Council must designate, by resolution approved by the Executive, a single nonprofit corporation which complies with all requirements and criteria of this Section as the County’s Early Care and Education Coordinating Entity. If the Executive disapproves the resolution within 10 days after receiving it, the Council may readopt the resolution with at least 6 affirmative votes.

To continue to qualify as the County’s Early Care and Education Coordinating Entity, the Entity’s articles of incorporation and bylaws must comply with all requirements of this Section.

Any designation under this Section expires 3 years after the resolution is adopted unless the Council extends the designation by adopting another resolution under this Section.

The Council at any time may suspend or revoke the designation of a corporation as the County’s Early Care and Education Coordinating Entity by resolution, adopted after at least 15 days public notice that is approved by the Executive, or, if the Executive disapproves the resolution within 10 days after receiving it, readopted by a vote of at least 6 Councilmembers.

a Council staff member with expertise in early childhood education;

2 representatives jointly designated by the County Board of Education and the Superintendent of Montgomery County Public Schools;

2 representatives of the County Department of Health and Human Services;

a representative of the Office of Management and Budget; and

a representative of an institution of higher education.

3 parents or guardians with children in childcare and/or pre-kindergarten programs, including 2 parents or guardians who earn no more than the self-sufficiency standard of Montgomery County;

2 center based early care and education providers;

2 family child care providers;

2 representatives of an employer who is not an early childhood education provider;

a representative of a philanthropic foundation; and

2 representatives of a nonprofit corporation focused on equity and inclusion, youth development, economic development, or workforce development.

Board members serve for three years. The individual terms of the voting members must be staggered. Of the voting members first appointed, approximately one-third must be appointed for a 1-year term, approximately one-third must be appointed for a 2-year term, and approximately one-third must be appointed for a 3-year term. A voting member appointed to fill a vacancy serves the rest of the unexpired term. The Executive may reappoint a member, but a member who is not a government official or a designee of a government official must not serve more than 2 consecutive full terms, not including any portion of an unexpired term. A voting member continues in office until his or her successor is appointed and confirmed.

The Executive may remove a member for violation of law or other good cause specified in the bylaws of the corporation, after giving the Council at least 15 days’ notice of the proposed removal.

Except as provided in paragraph (2), a member of the Board must serve without compensation. The corporation may reimburse a member who is not a government official or a designee of a government official for expenses incurred in attending meetings or carrying out other duties, including travel and dependent care costs at rates established by the County.

The Entity may adopt guidelines based on need to provide stipends to members appointed as a parent of a child enrolled in an early child care or early education program.

A member is not eligible to receive benefits under any County retirement system for serving as a Board Member.

A member is not subject to Chapter 19A because of serving on the Board. The Entity’s bylaws must protect against any conflict of interest or similar impropriety by members of the Board of Directors or the Executive Director or any other employees. The bylaws must include:

Notwithstanding any inconsistent provision of Code §19A-21, a member of the Board of Directors or a staff member of the Entity who engages in legislative, administrative, or executive advocacy as part of that person’s duties is not required to register as a lobbyist under Article V of Chapter 19A because of the advocacy.

To qualify as the County’s Early Care and Education Coordinating Entity, the Corporation’s articles of incorporation must provide for the appointment of the members of its Board of Directors as set forth in this Section. The articles of incorporation must also provide that the Entity is:

The Entity’s bylaws may contain any provision necessary to govern and manage the Entity that does not conflict with this Section. The Corporation may exercise all powers and is subject to all requirements which apply to non-stock corporations under the Corporations and Associations Article of the Maryland Code.

The bylaws must require the Entity to comply with the Maryland Open Meetings law and the Maryland Public Information Act.

conduct a County-wide needs assessment for ECE programs;

identify and analyze specific ECE needs through periodic mapping of ECE services and resources throughout the County;

research and evaluate strategies to strengthen and sustain the ECE system in the County;

analyze and recommend to the County Executive and County Council how to increase the quantity of, and equitable access to, high-quality ECE programs, including for children whose parents or guardians earn no more than the self-sufficiency standard of Montgomery County, families of children with special needs, and English language learners;

create, publish, and periodically update a comprehensive common ECE agenda based upon the consensus of ECE stakeholders;

measure outcomes and progress towards the common agenda;

engage, educate, and build public awareness about the importance of high-quality ECE programs;

advocate at the federal, state, and local levels for greater investment in and improvements to the ECE system;

solicit and accept public and private funding to support the work of the Entity under this Section; and

use funds only as permitted under subsection (k) of this Section.

a statement of commitment to racial equity and social justice as part of the organization’s core values;

active recruitment of potential Board members from diverse backgrounds and outreach to communities of color for consideration by the County Executive and County Council;

a formal process to assess Board culture and identify barriers to inclusion in Board participation and leadership;

communications and business practices that are tailored to the needs of communities of color and other marginalized communities;

a process to identify and address discriminatory or non-inclusive behaviors;

organizational policies and procedures that address diversity and inclusion; and

a clear, realistic, actionable, and measurable commitment to addressing racial equity that is woven into the governance, culture, and membership of the entity that includes representatives of an inclusive group of community stakeholders.

from the County if the Department of Health and Human Services, or another County department or office designated by the County Executive, approves the use of funds in accordance with a contract between the County and the Entity; and

from an entity other than the County:

The Board of Directors must report annually on the activities and finances of the Entity and provide an audited financial statement of the Entity to the Executive and Council by October 1 of each year. The report must include:

The Entity must make available on its website the Entity’s assessments and recommendations, the common ECE agenda, community mapping, data on outcomes, and links to public data sets, to improve public knowledge of the Entity and its operations, further its mission, and increase the accountability and responsiveness of the ECE system.

The Entity must provide the Executive and Council, upon request, all non-confidential data produced and received by the Entity, including research, data related to the delivery of early care and education services, and minutes of Board meetings.