An Act to establish provisions for eligibility in the child care assistance program for certain child care employees.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 28-1-60 be AMENDED:

28-1-60. The Department of Social Services shall establish a child care assistance program of child care services to assist families with child care services and to aid in the improvement of quality and services for the care of children in day care. The department may assist in the improvement, availability, and quality of day care for children by providing training, education, and advocacy for child care.

Section 2. That § 28-1-61 be AMENDED:

28-1-61. The secretary of social services may shall adopt reasonable and necessary rules pursuant to chapter 1-26 for the administration of the child care services assistance program in the following areas:

(1) Eligibility determination, criteria, and application procedure;

(2) The amount, scope, and duration of child care services and payments;

(3) Fees;

(4) Licensing and registration;

(5) Methods of administration, record keeping, and audit;

(6) Compliance monitoring;

(7) Complaint investigation;

(8) Reporting requirements;

(9) Eligibility criteria and procedures for grants, contracts, and awards to providers of child care services under § 28-1-60;

(10) Training, community and provider education, and child advocacy; and

(11) Such other Other standards and requirements as may be necessary to ensure the efficient operation and administration of the program or as required to qualify for federal funding.

Section 3. That a NEW SECTION be added to chapter 28-1:

In determining eligibility for payments from the child care assistance program, the Department of Social Services shall exclude all earned and unearned income of an applicant's household if:

(1) The applicant is employed by a:

(a) Before and after school day care program, licensed by the department;

(b) Day care center or group family day care home, licensed by the department; or

(c) Family day care home, registered by the department;

(2) The applicant works at least twenty hours per week at the center, home, or program; and

(3) The applicant's household income does not exceed three hundred percent of the federal poverty level.