Payment rates for child care assistance services.

A. Payment rates for the child care assistance program shall be subject to the availability of funds and shall be set by rule of the department and updated as required by federal law. Payment rates shall: (1) be based on a cost estimation model in accordance with the requirements of the federal child care and development fund program authorized by the federal Child Care and Development Block Grant Act of 1990, as amended; (2) correspond to differences in quality based on the tiered quality rating system of the department; (3) be sufficient to meet the requirements of each tier and ensure adequate wages for child care facility staff; (4) include thresholds appropriate for each facility type and age groups of children and full-time, part-time or wrap-around care; (5) include a differential rate for care that is provided during nontraditional hours of operation; and (6) incorporate feedback and input from early childhood education and development experts, a diverse group of child care facilities of a variety of facility types, families and organizations representing child care directors, tribal representatives, advocacy organizations, teachers and other relevant parties as determined by the department. B. The department may create an enhanced monthly rate schedule with a monthly payment rate not to exceed an average of ten percent above the rate provided in Subsection A of this section for a child care facility. C. The portion of the rates set pursuant to this section that are used for salaries and benefits and toward the wage scale and career ladder shall be determined by rule of the department, with a report submitted to the legislature within two weeks of making a determination pursuant to this subsection.