(a) Definitions. In this Article, the following words have the meanings indicated: Department means the Department of Health and Human Services. Director means the Director of the Department or the Director’s designee. Family child care provider has the same meaning as in Section 5-550 of the Family Law Article of the Maryland Code or any successor provision. (b) Initiative. The Department must: (1) at least quarterly, hold an information session: (A) for prospective family child care providers, on the steps necessary to become registered or licensed by the State; and (B) for licensed family child care providers, on the steps necessary to achieve State, regional, or national accreditation; (2) provide technical assistance and coordinate business training to family child care providers; (3) 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 (4) provide services in Spanish, and other languages as requested, in a culturally competent manner. (c) Regulations. The Executive may adopt regulations under Method (2) to administer the Initiative.

(a) Definitions. In this Section, unless the context indicates otherwise: (1) Commission means the Commission on Child Care. (2) Child care means caring for a child on a regular basis for pay. (b) Findings and purpose. (1) 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. (2) 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. (3) 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. (4) 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. (c) Membership of Commission. (1) The members of the Commission are appointed by the County Executive, subject to confirmation by the County Council. (2) The Commission has 17 voting members and 6 to 8 nonvoting members. The County Executive should appoint the voting members so that: (A) Seven members are providers of child care services. The Executive should appoint providers of different types of child care services and providers to different age groups. These include family day care providers, group day care providers, private educational institutions, and providers serving infants, toddlers, pre-school and school-age children, and children with special needs. (B) Five members are parents of children receiving child care services. (C) Five members are selected from the business community and the general public. (3) 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 (4) Each member must reside or work in Montgomery County. (d) Officers. For the Commission’s first year, the County Executive must appoint a chairperson and a vice-chairperson from among the members, subject to confirmation by the County Council. Thereafter, the Commission must annually elect one member as chairperson and another member as vice-chairperson. The terms of the chairperson and vice-chairperson are each one year. (e) Term. (1) Commission members serve for 3 years. (2) A member must not serve more than 2 consecutive 3-year terms. (f) Duties. (1) 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. (2) In order to develop the report, the Commission may: a. Create special task forces, hold public hearings, and collect information to identify and assess needs, review services, programs and policies, and plan new strategies for supporting child care; b. Analyze data on child care needs and services delivered by public and private agencies in Montgomery County; c. Evaluate County government policies, funding, and programs affecting child care; d. Promote the coordination of child care programs and policies among County government agencies; e. Promote cooperation among the County government, the community, and business in addressing child care needs; f. Make recommendations regarding the need for and use of public funds to be spent on behalf of child care services; g. Recommend to the County Executive and County Council new sources of funds for child care; h. Review standards for licensing and operation of child care services and programs; i. Provide public information on child care programs and services in the County; j. Participate in the activities of the State Office of Children and Youth; k. Review federal and state policies affecting provision of child care; l. Recommend policies, actions, programs, or legislation the Commission deems necessary to increase the quality, availability, and affordability of child care services; m. Coordinate work with the Commission on Children and Youth and should not duplicate the work of the Commission on Children and Youth; and n. Take any action the Commission finds would further the purposes of this Section. (g) Compensation. A member must not receive compensation for serving on the Commission. (h) Meetings. (1) 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. (2) A majority of the members of the Commission constitutes a quorum for transacting of business. (3) Action by the Commission requires a majority vote of those present. (i) Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations. (j) Procedures. The Commission may establish its own rules of procedure. (k) Staff support. The Director of the Department of Health and Human Services must provide staff services and administrative support to the Commission.

(a) For each applicable capital project in the Capital Improvements Program during facility planning, the Office of Management and Budget must include in or transmit with the CIP an analysis of: (1) the feasibility of including child care facilities in the project; and (2) what capital or operating budget modifications, if any, would be needed to include child care facilities in the project. (b) The child care analysis submitted by OMB should discuss at least the following issues related to the capital project: (1) compatibility of child care with the underlying project; (2) local availability of and demand for child care in the area of the project; and (3) conformity of child care facilities to applicable zoning and land use plans. (c) Each child care analysis under this Section should assign highest priority to the provisions of high quality child care in areas where the provision of child care may not otherwise be financially feasible due to large numbers of low-income parents and the resulting need for significant subsidies. (d) As used in this section, applicable capital project means any proposed building project administered by the Department of General Services or the Parking Management Division of the Department of Transportation. (e) In performing its analysis, OMB should consult the Department of Health and Human Services, the Planning Board, and any other County department or agency with expertise in child care. (f) The Council may in the capital budget resolution, and the County Executive may by Method 1 regulation, exempt from this Section a capital project or category of capital projects which by their nature do not require child care analysis.

(a) The Director of the Department of Health and Human Services must establish and administer a Child Day Care Facilities Loan Program. (b) The purpose of the program is to increase the number of children who receive licensed day care services in Montgomery County at reasonable costs. (c) The Director may loan funds to operators of child care centers or family day care homes if the funds will: (1) Increase the number of children served; (2) Help a center or home begin operation; or (3) Keep in operation a center or home that otherwise is likely to stop operating.

(a) The director may loan funds to nonprofit or profit-making centers or homes. (b) The director must give highest priority to loans to centers or homes that serve significant percentages of low-income or handicapped children. (c) The recipient of any loan must agree to provide child day care services, to an extent or in an amount set by the department, for at least the term of the loan.

(a) All funds loaned must be used for capital improvements that are needed to: (1) Establish, or increase the capacity of, the center or home; or (2) Meet licensing, zoning, building, or other government-imposed requirements. (b) Eligible capital improvements include: (1) Buying land or a building; (2) Building, repairing or renovating all or part of a building; (3) Buying furniture or equipment with a useful life of at least 3 years; and (4) Fees for architects, engineers, accountants, lawyers or other professional services needed to buy, build, repair or renovate a building.

(a) The amount loaned to any single family must not exceed $10,000. (b) The director must charge an interest rate that is below prevailing commercial rates, and which reflects the county’s current cost of borrowing funds and the cost of administering the program. (c) A loan made under this program may supplement a loan made or guaranteed under any other government program.

(a) The director must select a loan review committee to recommend the disposition of each loan application. The director must approve each loan. (b) The County Executive must adopt regulations under method (2) to administer the loan program. These regulations should include: (1) Lending standards and priorities; (2) Interest rates, terms and conditions; (3) Payment schedules, which may be granted; (4) Application procedures, and ways to document need; (5) Procedures for referring applicants to other sources of funds, and for cooperating with other public and private sources of funds; (6) Procedures to ask the director to reconsider any denial of a loan or any decision on interest rate, terms and conditions; (7) Criteria for adequate security; and (8) Procedures for nonpayment or default.

(a) The Department of Finance must create and administer a revolving fund for the Child Day Care Facilities Loan Program. All appropriations and other receipts for the program must be placed in the fund, and all payments for the program must originate in the fund. The outstanding loan balance must not exceed $500,000 at any time. If at any time the assets of the fund exceed the $500,000 limit, any surplus must be returned to the General Fund. (b) The Department of Finance must: (1) Disburse funds and collect payments for any loan made under the program; (2) Report any nonpayment or default to the Department of Health and Human Services; and (3) Maintain loan records and provide an annual report to the Department of Health and Human Services.

(a) Findings and definitions. (1) Early care and education is an essential service and economic imperative for the well-being of children, families, employers, and the greater community. (2) High quality ECE services prepare young children to enter school ready to learn and start on a pathway of success in life. (3) 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. (4) 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. (5) 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. (6) For purposes of this Section, the following terms have the meanings indicated. (A) ECE means early care and education. (B) ECE seat means the capacity of an ECE provider to enroll a child in ECE. (C) ECE stakeholder includes parents, caregivers, guardians, employers, ECE providers, philanthropy, nonprofit and business communities, and the public sector. (D) Entity means the early care and education coordinating entity under this Section. (E) Public sector includes the Department of Health and Human Services, Department of Recreation, Montgomery County Public Libraries, Montgomery County Public Schools, institutions of higher education, including Montgomery College and the Universities at Shady Grove, and any County board, committee, or commission that advises the County regarding ECE issues. (b) Designation. (1) 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. (2) 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. (3) 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. (4) 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. (c) Board of Directors. To qualify as the County’s Early Care and Education Coordinating Entity, the Entity’s Board of Directors must have no more than 7 ex-officio voting members and 12 other voting members appointed by the County Executive and confirmed by the County Council. Each member must reside or work in the County. Each member appointed from the public sector as an ex officio member represents the public interest and is not precluded from participating in a matter as a board member if that member’s government employer is a party to the matter. The Executive should appoint the following ex officio voting members: (1) a Council staff member with expertise in early childhood education; (2) 2 representatives jointly designated by the County Board of Education and the Superintendent of Montgomery County Public Schools; (3) 2 representatives of the County Department of Health and Human Services; (4) a representative of the Office of Management and Budget; and (5) a representative of an institution of higher education. The Executive should appoint the following voting members: (1) 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) 2 center based early care and education providers; (3) 2 family child care providers; (4) 2 representatives of an employer who is not an early childhood education provider; (5) a representative of a philanthropic foundation; and (6) 2 representatives of a nonprofit corporation focused on equity and inclusion, youth development, economic development, or workforce development. The Board must permit the County Executive, the County Council’s Lead for Early Care and Education, and the President of the Montgomery County Board of Education, or a designee of each public official, to attend and participate at each Board meeting without voting. The Executive must strive to achieve Board representation from diverse geographic areas, socio-economic groups, and ethnic groups. (d) Leadership. The Board must elect a chair and vice-chair from its members. (e) Term; Removal. (1) 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. (2) 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. (f) Compensation for Board Members. (1) 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. (2) 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. (3) A member is not eligible to receive benefits under any County retirement system for serving as a Board Member. (g) Ethics. (1) 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: (A) a prohibition against self-dealing and collusive practices; (B) a provision for the disclosure of a financial or similar interest of any person in any matter before the Entity that may create a conflict of interest; (C) a provision establishing conditions under which a person is disqualified from participating in decisions or other actions in which there is a conflict between the person’s official duties and private interests; (D) appropriate remedies for a violation of the bylaws, including removal or termination; and (E) a policy to protect whistleblowers. (2) 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. (h) Status; Incorporation; Bylaws. (1) 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: (A) a Maryland nonprofit, non-stock corporation with the purposes and activities limited to those that are permitted to be performed by a corporation that is recognized as exempt from Federal income tax under 26 U.S.C. §501, as amended; (B) not an instrumentality of the County; (C) incorporated for the purpose of serving as the County’s Early Care and Education Coordinating Entity responsible for monitoring and supporting the early care and education system in the County; (D) organized and operated under the laws of the State of Maryland; and (E) headquartered in the County. (2) 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. (3) The bylaws must require the Entity to comply with the Maryland Open Meetings law and the Maryland Public Information Act. (i) Duties. In developing an equitable system of high quality, accessible, sustainable early care and education and eliminating systemic racism and structures that created access barriers for vulnerable, racially and ethnically diverse populations, the Early Care and Education Coordinating Entity must act as a neutral convenor of ECE stakeholders and, in collaboration and consultation with ECE stakeholders: (1) conduct a County-wide needs assessment for ECE programs; (2) identify and analyze specific ECE needs through periodic mapping of ECE services and resources throughout the County; (3) research and evaluate strategies to strengthen and sustain the ECE system in the County; (4) 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; (5) create, publish, and periodically update a comprehensive common ECE agenda based upon the consensus of ECE stakeholders; (6) measure outcomes and progress towards the common agenda; (7) engage, educate, and build public awareness about the importance of high-quality ECE programs; (8) advocate at the federal, state, and local levels for greater investment in and improvements to the ECE system; (9) solicit and accept public and private funding to support the work of the Entity under this Section; and (10) use funds only as permitted under subsection (k) of this Section. (j) Racial Equity and Social Justice. To effectively address the complex needs of the County’s racially and economically diverse children and their families and strategically expand access to critical early care and education services to underrepresented populations, the Entity must adopt and implement a racial equity and social justice policy that applies a racial equity and social justice lens into all aspects of the Entity’s operations in alignment with the County’s racial equity and social justice strategic plan. The racial equity and social justice policy must include: (1) a statement of commitment to racial equity and social justice as part of the organization’s core values; (2) active recruitment of potential Board members from diverse backgrounds and outreach to communities of color for consideration by the County Executive and County Council; (3) a formal process to assess Board culture and identify barriers to inclusion in Board participation and leadership; (4) communications and business practices that are tailored to the needs of communities of color and other marginalized communities; (5) a process to identify and address discriminatory or non-inclusive behaviors; (6) organizational policies and procedures that address diversity and inclusion; and (7) 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. (k) Use of funds by the Entity. The Entity may use funds: (1) 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 (2) from an entity other than the County: (A) if the Board, or the Board’s designee, determines that the use of funds: (i) aligns with the common ECE agenda established under subsection (i)(5) of this Section; and (ii) addresses ECE systems-level change; and (B) in accordance with any legal terms and conditions placed upon the use of the funds. (l) Reports. (1) 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: (A) the Entity’s plan to solicit and receive additional public and private funding for its operations; (B) an analysis of available data that measures the progress of early care and education system improvements, including changes in: (i) the level of public and private investment in the ECE system; (ii) the availability and use of ECE seats in the County as a whole and disaggregated for isolated and vulnerable populations; (iii) the provision of ECE seats by private employers; and (iv) school readiness (including academic, physical, and social emotional competencies) rates broken out by total population, race/ethnicity, income categories, and special education status; (C) advocacy and outreach efforts and outcomes for the prior year; and (D) recommendations for developing an equitable system of high quality, accessible, sustainable early care and education. (2) 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. (3) 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.