Section 4-410.03 - [Not funded.] Subsidized child care services.(a)(1) Except as provided in paragraph (2) of this subsection, a child's eligibility to receive subsidized child care shall be determined by OSSE.(2) OSSE may delegate the function of determining a child's eligibility to receive subsidized child care to:(A) A licensed child development facility if: (i) The facility has requested to perform this function; and(ii) OSSE has determined that the facility has exhibited a reasonable capacity to perform this function;(B) An approved shared services business alliance;(C) Other District agencies; or(D) A third-party with the ability to conduct determinations effectively.(b) To be eligible for subsidized child care, a child shall, at the time of either eligibility determination or redetermination: (1)(A) As of October 1, 2018, reside in the District with a parent or parents whose gross annual family income does not exceed 250% of the federal poverty level or 85% of the District's state median income based on family size, whichever is lower;(B) As of October 1, 2024, reside in the District with a parent or parents whose gross annual family income does not exceed 300% of the federal poverty level;(C) As of October 1, 2025, reside in the District with a parent or parents whose gross annual family income does not exceed 350% of the federal poverty level;(D) As of October 1, 2026, reside in the District with a parent or parents whose gross annual family income does not exceed 400% of the federal poverty level; and(E) As of October 1, 2027, all children in the District shall be eligible for subsidized child care regardless of income; and(2)(A) Reside with a parent or parents engaged in a qualifying activity; or(B) Be a vulnerable child.(c) The District may limit subsidized child care based on available resources or funding. (d) If a waitlist for subsidized child care is implemented because there are more applicants for subsidized child care than available funds, OSSE shall give priority for subsidized child care to: (1) Children of families with very low family incomes;(2) Children with families whose assets do not exceed $1 million; and(e) If a child is determined as eligible to receive subsidized child care pursuant to this section, the child shall remain eligible for subsidized child care for the following 12 months regardless of: (1) A change in gross annual family income of the parent or parents of the child; provided, that the new gross annual family income does not exceed the maximum allowable federal poverty level by greater than 50% of the federal poverty level;(2) A temporary change in the status of the parent or parents of the child;(3) Whether the child reaches 13 years of age, or, if the child has documented special needs, reaches 19 years of age; or(4) A change in residency within the District.(f) After receiving a determination that a child is eligible to receive subsidized child care, the child may be redetermined as eligible to receive subsidized child care even if the gross annual family income of the child's parent or parents exceeds the level set forth in subsection (b) of this section, if the gross annual family income does not exceed the maximum federal poverty level by more than 50%, at the time of redetermination; provided, that the child is otherwise eligible to receive subsidized child care. (g) Nothing in this section shall be construed to create a private right of action or entitlement to subsidized child care. (h)(1) Beginning October 1, 2023, a family with an income greater than 100% of the federal poverty guidelines for a family receiving subsidized child care from a child development facility pursuant to section 11 b shall be required to pay a co-payment as follows: A family with a gross household income of this % of the federal poverty guideline for that family size | Shall Pay a Maximum of this % of Gross Income for Co-Payment |
0-100% | 0% |
More than 100% - 133% | 1% |
More than 133% - 167% | 2% |
More than 167% - 200% | 3% |
More than 200% - 233% | 4% |
More than 233% - 250% | 5% |
(2) Beginning October 1, 2024, a family with an income greater than 100% of the federal poverty guidelines for a family receiving subsidized child care from a child development facility pursuant to section 11 b shall be required to pay a co-payment as outlined in follows: A family with a gross household income of this % of the federal poverty guideline for that family size | Shall Pay a Maximum of this % of Gross Income for Co-Payment |
0-100% | 0% |
More than 100% - 133% | 1% |
More than 133% - 167% | 2% |
More than 167% - 200% | 3% |
More than 200% - 233% | 4% |
More than 233% - 267% | 5% |
More than 267% - 300% | 6% |
(3) Beginning October 1, 2025, a family with an income greater than 100% of the federal poverty guidelines for a family receiving subsidized child care from a child development facility pursuant to section 11 b shall be required to pay a co-payment as follows: A family with a gross household income of this % of the federal poverty guideline for that family size | Shall Pay a Maximum of this % of Gross Income for Co-Payment |
0-100% | 0% |
More than 100% - 133% | 1% |
More than 133% - 167% | 2% |
More than 167% - 200% | 3% |
More than 200% - 233% | 4% |
More than 233% - 267% | 5% |
More than 267% - 300% | 6% |
More than 300% - 333% | 7% |
More than 333% - 350% | 8% |
(4) Beginning October 1, 2026, a family with an income greater than 100% of the federal poverty guidelines for a family receiving subsidized child care from a child development facility pursuant to section 11 b shall be required to pay a co-payment as follows: A family with a gross household income of this % of the federal poverty guideline for that family size | Shall Pay a Maximum of this % of Gross Income for Co-Payment |
0-100% | 0% |
More than 100% - 133% | 1% |
More than 133% - 167% | 2% |
More than 167% - 200% | 3% |
More than 200% - 233% | 4% |
More than 233% - 267% | 5% |
More than 267% - 300% | 6% |
More than 300% - 333% | 7% |
More than 333% - 367% | 8% |
More than 367% - 400% | 9% |
(5) Beginning October 1, 2027, a family with an income greater than 100% of the federal poverty guidelines for a family receiving subsidized child care from a child development facility pursuant to section 11 b shall be required to pay a co-payment as follows: A family with a gross household income of this % of the federal poverty guideline for that family size | Shall Pay a Maximum of this % of Gross Income for Co-Payment |
0-100% | 0% |
More than 100% - 133% | 1% |
More than 133% - 167% | 2% |
More than 167% - 200% | 3% |
More than 200% - 233% | 4% |
More than 233% - 267% | 5% |
More than 267% - 300% | 6% |
More than 300% - 333% | 7% |
More than 333% - 367% | 8% |
More than 367% - 400% | 9% |
More than 400% | 10% |
Sept. 19, 1979, D.C. Law 3-16, § 11c; as added Oct. 30, 2018, D.C. Law 22-179, § 201(d), 65 DCR 9569.Applicability
Applicability of D.C. Law 22-179: § 301 of D.C. Law 22-179 provided that the creation of this section by § 201(d) of D.C. Law 22-179 is subject to the inclusion of the law's fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.