The County Council finds that: child care capacity in the County has been declining in recent years, down five percent (5%) between 2022 and 2025; the cost of child care in the County has been increasing, going up over 20% between 2017 and 2025 duplicative State and County inspection requirements can prove challenging for operators of child care programs and before and after-school care programs, delaying or preventing the addition of new child care capacity in the County; public buildings can efficiently provide desirable and affordable locations for child care programs and after-school care programs; early childhood education in child care is critical in fostering holistic development, establishing a foundation for lifelong learning, and nurturing essential social, emotional, and cognitive skills before kindergarten; access to affordable child care boosts local economic stability by enabling parents to join or remain in the workforce, supports healthy childhood development and school readiness while reducing family stress; and County investment in expanding the availability of child care will yield high returns through increased productivity and future economic contributions.

As used in and for the purposes of this Subdivision, the following words and phrases shall have the meanings assigned to them herein: Before and after-school care program means an operation that provides care before and after, or before or after, the customary school day and during school holidays, for at least two hours a day, three days a week, to children who attend prekindergarten through grade six. Child means an individual who is younger than 13 years old who is not disabled, or an individual younger than 19 years old who is disabled. Child care. Child care means the care or supervision of a child that is approved, licensed or license-exempt under Maryland law by an individual other than the parent, stepparent, guardian, or caretaker for less than a 24-hour day and for which compensation is paid. Child care does not mean: group lessons or classes providing specialized training in a specific subject, unless provided in a pattern indicating that a child care facility is being operated or that custodial supervision of children is being provided in addition to the specialized training; scouting, sports, or youth club activities; school-age recreational or supplementary education programs operated by a nonpublic school, if custodial supervision is not the primary purpose of the program; supervisory services to children provided by a church, health club, health provider, or similar sponsor in support of an occasional or intermittent parental activity or service offered by the sponsor while parents are on the same premises as the services to children and are immediately available to the children; or programs primarily designed for the religious training of children, provided on a weekly basis or for a short period in the summer, commonly known as Sunday schools or Bible schools. Child care center means a facility providing child care that is: Licensed pursuant to COMAR 13A.16; Operated under a letter of compliance issued pursuant to COMAR 13A.17; Licensed by any branch of the military under applicable military child care Child care program means: a child care center; or a family child care home. Eligible child care expenses means expenses for receiving child care within a child care center or family child care home located in Prince George's County; Department means the Department of Social Services. Family. Family means the family unit consisting of: One or more adults and children, related by blood, marriage, adoption, or legal guardianship, and residing in the same household; or Adults with physical custody of a child, related or unrelated, who are residing in the same household. Family includes unrelated adults with children in common who reside together, whether either has other children residing in the household. Family does not include: Unrelated adults with no children in common residing together; or Related adults, other than spouses, residing together. Family Child Care Home. Family child care home means a residence, other than the home of the child for whom CCS is requested, in which family child care is provided. Family child care home includes a: Family child care home registered to operate pursuant to COMAR 13A.15 or applicable military child care regulations; or Large family child care home registered to operate pursuant to COMAR 13A.18.

The County Executive shall designate a Child Care Navigator within the Department of Social Services to: assist child care providers with matters related to licensing and inspection of facilities used for child care programs in the County; promote coordination and collaboration among County agencies and departments to expand child care opportunities throughout the County; serve as a liaison between County government and the public on child care-related issues; prepare and maintain the inventory of County properties suitable for use as child care established in Section 5A-105; and prepare a Strategic Plan for Child Care that includes: specific goals and implementation strategies for improving early childhood services and child care provider assistance and counseling; planning for new child care services in public space, including in County property, public school projects, and Parks and Recreation facilities; planning for expansion of child care space through public-private partnerships; research on the supply, demand, and affordability of child care throughout the County; a plan to improve kindergarten readiness for children through enhanced early care and education services. Annual report. By February 1 each year, the Officer must submit to the County Council and County Executive an annual report on: the Navigator's activities, accomplishments, plans, and objectives; and steps taken to implement the Strategic Plan for Child Care, Early Care, and Education in the preceding year.

The Child Care Navigator shall: coordinate with the appropriate County agencies and other public entities in the County to facilitate the use of County-owned buildings and other public facilities, including but not limited to schools, recreation centers, libraries, and community centers, for child care programs and before and after school care programs; develop standardized memoranda-of-understanding (MOUs) to allow child care programs and before and after school care programs to operate in County facilities without site-by-site negotiation; and work with the Department of Permitting, Inspections, and Enforcement to ensure a streamlined inspection process for operators of child care programs and before and after school care programs operating in public spaces.

The Child Care Navigator shall compile and maintain an inventory of County-owned or controlled property that is determined to be suitable for use as child care. The suitability of property for use as child care shall be evaluated based on: local availability of and demand for child care in the area of the project; and the compatibility of child care with existing uses of the property; the condition and accessibility of the property; the cost associated with any modifications to the property necessary for use as child care; conformity of child care facilities to applicable zoning and land use plans; and any additional criteria deemed useful in making the assessment. The inventory shall be updated annually.

For each applicable capital project in the Capital Improvement Program (CIP) during facility planning, the Office of Management and Budget shall include in or transmit with the CIP an analysis of: 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. The child care analysis submitted by the Office of Management and Budget should discuss at least the following issues related to the capital 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. 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. As used in this section, applicable capital project means any proposed building project administered by the Office of Central Services. In performing its analysis, the Office of Management and Budget should consult the Department of Health, the Department of Social Services, the Department of Family Services, the Planning Board, and any other County department or agency with expertise in child care. The Council may in the annual budget ordinance exempt from this Section a capital project or category of capital projects which by their nature do not require child care analysis.

There is established a Child Care Facilities Grant Program. The purpose of the program is to increase the amount of licensed child care services in Prince George's County provided at reasonable costs. Operators of child care centers or family child care homes may receive financial assistance from the Program if the funds will: 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.

Centers and homes operated for profit are eligible for assistance under the Program. Highest priority shall be given to grants to centers or homes that serve significant percentages of low-income children or children with disabilities. The recipient of any grant must agree to provide child care services in the County, to an extent or in an amount agreed to and set in the grant documents, for at least three years following the disbursement of grant funds.

All grant funds must be used for capital improvements that are needed to: establish, or increase the capacity of, the center or home; or meet licensing, zoning, building, or other government-imposed requirements. Eligible capital improvements include: 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.

The amount of grants made to any single family child care home must not exceed $10,000. A grant made under the Program may supplement a loan or grant made or guaranteed under any other government program.

The Program shall be administered by an agency designated by the Chief Administrative Officer. The Chief Administrative Officer, or their designee, shall adopt procedures for the administration of the Program. These procedures shall include: grant standards and priorities; 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 request reconsideration any denial of a grant; and procedures for recovering grant funds upon a grantee's failure to: demonstrate that funds were used for the purposes set forth in Section 5C-109; or operate a licensed child care facility in the County for at least three (3) years following the disbursement of grant funds. The Chief Administrative Officer or their designee shall provide technical assistance to family child care home providers on the financial aspects of operating a child care business, including basic accounting and securing financial assistance. A Program report shall be included in the quarterly report to Council required under section 10-288(f), including: the names and locations of Program grant recipients; the uses of the grant funds; and the number of additional children served.

Early Start Child Care Scholarship Program Established. Subject to the allocation of funding, families who qualify and are approved in accordance with the requirements of Subsection (b), below, shall receive a child care scholarship as prescribed in Subsection (c), below, for eligible child care expenses. Program Requirements. Income eligibility. A family shall only be eligible to receive a child care scholarship authorized by this Division to compensate for eligible child care expenses if the family has a household income of less than 30% of the median family income for the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Area, as published annually by the U.S. Department of Housing and Urban Development. Child eligibility. A child for which a family receives a child care scholarship shall be no older than 3 years of age. A family is only eligible to receive a child care scholarship for a maximum of two children per household. Application and approval. A family shall only be eligible to receive a child care scholarship to compensate for eligible child care expenses if the family successfully completes an application process prescribed by the Department for a child care scholarship for the child for which the family is incurring or will incur eligible child care expenses. Administration. The Early Start Child Care Scholarship Program shall be administered by the Department and disbursements shall be made by the Office of Finance in accordance with regulations prescribed by the Department and approved by the County Council as set forth in Subsection (d), below. Early Start Child Care Scholarship. The Prince George's County Early Start Child Care Scholarship Fund is hereby established as a nonlapsing fund that shall not revert to the County fund balance at the end of each fiscal year and shall solely be used for the purpose of awarding child care scholarships to eligible families for eligible child care expenses pursuant to this Division. Scholarship amount determination and duration. Each child care scholarship award shall be for the duration of a 12-month period and must be applied for annually. The maximum 12-month amount per child that the Department is authorized to award for a child care scholarship authorized by this Division is $3000 per child. The precise amount of each award shall be determined in accordance with a formula established by the Department and prescribed in regulations authorized and mandated pursuant to Subsection (d), below. The award determination of child care scholarships shall be based on a need-based scale of higher amounts awarded to families with lower proportionate median household income levels. Regulations Authorized, Mandatory. The Department shall propose regulations that implement this Division no later than September 1, 2026 for approval or modification by resolution of the County Council, provided such regulations are not inconsistent with this Division. Such regulations may be modified from time to time by proposal of the Department subject to approval or modification by Council resolution. Reporting. By August 31 of each year, the Department, in coordination with the Office of Finance, shall provide an annual written summary to the County Executive and County Council on the progress of the Early Start Child Care Scholarship Program for the previous fiscal year, including, but not limited to including, non-individual aggregate data on scholarship expenditures, administrative costs, and recommended policy improvements.

Definitions. In this Section, the following words have the following meanings: Child care provider means a person or entity licensed by the State of Maryland to provide childcare services, including before- and/or after-school care services, and who operates within Prince George's County. Enrollment contract means any written agreement between a child care provider and a parent governing the provision of child care services in exchange for tuition or fees that includes a provision for penalties or other payment beyond that for services rendered in the event of early withdrawal or termination. Hardship event means one of the following events affecting a parent of a child enrolled under the enrollment contract: Involuntary employment loss; Death; or Deportation or removal from the United States pursuant to federal immigration proceedings. Legal guardian means a person legally authorized to make decisions for a minor child, including a court-appointed guardian or other individual with lawful custodial responsibility. Parent means the biological or adoptive parent or the legal guardian or custodian of a child. Penalty means any early termination fee, forfeiture of prepaid tuition for future services not yet rendered, or liquidated damages beyond a reasonable notice period as provided in this Section. Financial Hardship Withdrawal Provision Required. Each child care provider operating within Prince George's County shall include in any enrollment contract executed on or after the effective date of this Section a hardship withdrawal provision permitting termination of the contract by a parent of an enrolled child without penalty upon the occurrence of a hardship event. The hardship withdrawal provision may only require: Written notice not exceeding thirty (30) calendar days prior to withdrawal; and Documentation establishing that a hardship event has occurred. Acceptable documentation of a hardship event shall include, but is not limited to: a termination notice from an employer or documentation of unemployment insurance eligibility; a death certificate or comparable verification of death; or official documentation demonstrating the outcome of deportation or removal proceedings. Upon establishment that a hardship event has occurred, a child care provider may do the following: retain payment for services rendered prior to the effective date of withdrawal; require payment for services provided during the notice period; provided that: a child care provider may not impose any additional financial consequence, penalty, or fee solely due to termination from the exercise of a hardship withdrawal provision. Scope. This Section applies only to private-pay enrollment contracts and does not alter or supersede: any State of Maryland licensing requirement; any contractual term required by the Maryland State Department of Education; or any federal or state-funded child care subsidy agreement. This Section shall be construed as a consumer protection measure regulating contract terms and not as a licensing or operational requirement. Nothing in this Section shall be interpreted to impair obligations under contracts executed prior to the effective date of this Section. Enforcement. A violation of this Subtitle shall constitute an unfair, abusive, or deceptive trade practice under the County's consumer protection laws. The Prince George's County Office of Human Rights is authorized to: investigate complaints of violations of this Section; issue civil citations; impose civil fines not exceeding $1,000 per violation; and promulgate regulations to implement, clarify, and administer this Section, subject to approval by Resolution of the County Council. The County Attorney is authorized to seek injunctive relief to enforce compliance. The Office of Human Rights shall conduct the necessary outreach to ensure that child care providers are aware of the requirements of this Section.