CHAPTER 212

AN ACT MAKING A SUPPLEMENTARY APPROPRIATION TO THE BUDGET COMMISSION FOR THE PURPOSE OF CONTINUING TO AID FACILITIES FOR CHILD DAY CARE CENTERS AND TO AMEND SUBCHAPTER VII, CHAPTER 3, TITLE 31, DELAWARE CODE, BY PROVIDING FOR ASSISTANCE TO ALL CENTERS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The sum of $250,000 is hereby appropriated to the Budget Commission for the fiscal year ending June 30, 1970, in order that the Department of Public Welfare may be able to continue providing day care services in accordance with subchapter VII, Chapter 3, Title 31, Delaware Code, "Child Day Care Centers", such monies to be used only for payment for day care services.

Section 2. The Day Care Center program shall be administered by a director and such other assistants as shall be necessary. The director shall be hired by the Budget Commission. The costs of administration of the program shall be limited to 15% of the total funds appropriated herein.

Section 3. The funds appropriated herein shall be transferred to the Department of Public Welfare for expenditure on child day care service in accordance with the direction of the Day Care Director approved by the Budget Commission.

Section 4. Child Day Care Centers which shall receive funds for their services shall be those which shall provide such services in compliance with the regulations promulgated by the Department of Public Welfare known as "Requirements for Licensing Day Nurseries and Day Care Centers", Department of Public Welfare, revised March, 1960.

Section 5. Where services for child day care are provided by profit making day care centers, such service shall be purchased at the standard or regular rate for that particular day care center, such rate not to exceed the rate specified in Section 7 herein.

Section 6. Where day care services are purchased from non-profit day care centers, such service shall be purchased at a rate based on the cost of the service as determined from the preceding six months' operations for that day care center.

Section 7. In no case shall any of the rates authorized to be paid for the purchase of day care service exceed $5 per child per day of day care service.

Section 8. The Director of the Child Day Care Center program shall attempt to place each child receiving day care service in that day care center which meets the needs of the child and which is nearest that child's home.

Section 9. Section 388, Chapter 3, subchapter VII, Title 31, Delaware Code, is amended by striking the word "meet" where it is used for the second time within subsection (2) thereof and substituting in lieu thereof the word "make".

Section 10. Section 389, Chapter 3, subchapter VII, Title 31, Delaware Code, is amended by adding new subsections (5) and (6) thereto read as follows:

(5) Purchase day care service from any child day care center, whether profit or non-profit, which shall provide such service in conformity with the requirements of this subchapter.

(6) Pay all or part of the fees for day care service as is appropriate to the financial position of the parents, parent or guardian of such child.

Section 11. This Act shall be considered a supplementary appropriation and the monies hereby appropriated shall be paid from the General Fund of the State Treasury from monies not otherwise appropriated.

Section 12. If any of the funds provided in Section 1 above remain unexpended as of June 30, 1970, such funds shall revert to the General Fund of the State Treasury.

Section 13. The supplemental appropriations provided for in this Act shall take effect upon the effective date of the 19691970 Budget Act.

Section 14. The money appropriated herein shall not be used for capital outlay subsidies but shall be used only for purchase of day care services.

Approved July 7, 1969.