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Pennsylvania Statutes Title 62 P.S. Poor Persons and Public Welfare § 408.3. Copayments for subsidized child care

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) Notwithstanding any other provision of law or departmental regulation, the parent or caretaker of a child enrolled in subsidized child care shall pay a copayment for the subsidized child care based on a percentage of the family's annual income as specified in a copayment schedule established by the department pursuant to this section.

(b) The department shall publish a notice setting forth the copayment schedule in the Pennsylvania Bulletin.

(c) In establishing the copayment amounts pursuant to this section, all of the following shall apply:

(1) Copayments shall be on a sliding scale based on a percentage of the family's annual income taking into account Federal poverty income guidelines and considerations to support economic self-sufficiency.  Copayments shall be updated annually.

(2) At the department's discretion, copayments may be imposed:

(i) for each child enrolled in subsidized child care;

(ii) based upon family size;  or

(iii) in accordance with both subparagraphs (i) and (ii).

(3) Copayment amounts shall be in accordance with Federal and State law, based on a percentage of the family's annual income and rounded to the nearest whole dollar, as determined by the department.  The minimum copayment amounts specified under paragraph (4.1) shall not apply to special populations as determined by the department in accordance with the Commonwealth State plan.

(3.1), (3.2) Deleted by 2025, Nov. 12, P.L. 235, No. 46, § 2, imd. effective.

(4) Deleted by 2025, Nov. 12, P.L. 235, No. 46, § 2, imd. effective.

(4.1) A family's annual copayment shall be:

(i) not less than three percent and not more than seven percent of the family's annual income, if the family's income is at or below two hundred thirty-five percent of the Federal poverty income guidelines;  or

(ii) not less than seven percent and not more than twelve percent of the family's annual income, if the family's income exceeds two hundred thirty-five percent of the Federal poverty income guidelines but is not more than three hundred percent of the Federal poverty income guidelines.

(5) Notwithstanding this subsection, beginning with State fiscal year 2012-2013, the department may adjust the annual copayment percentages specified in this subsection by promulgation of final-omitted regulations under section 204 of the act of July 31, 1968 (P.L. 769, No. 240),  1 referred to as the “Commonwealth Documents Law.”

(6) to (9) Deleted by 2025, Nov. 12, P.L. 235, No. 46, § 2, imd. effective.

(d) Notwithstanding subsection (a) or (c), a parent or caretaker copayment may be adjusted in accordance with department regulations.

(e) The following shall apply to eligibility for subsidized child care:

(1) At an initial determination, the family's annual income may not exceed two hundred percent of the Federal poverty income guidelines.

(2) At a redetermination, the following shall apply:

(i) Except as provided under subparagraph (ii), the family's annual income may not exceed two hundred thirty-five percent of the Federal poverty income guidelines or eighty-five percent of the State median income for a family of the same size, whichever is lower.

(ii) As follows:

(A) A family may qualify for subsidized child care if the family's annual income exceeds two hundred thirty-five percent of the Federal poverty income guidelines but does not exceed three hundred percent of the Federal poverty income guidelines or eighty-five percent of the State median income for a family of the same size, whichever is lower, only to the extent that money is appropriated by the General Assembly for this purpose.

(B) For fiscal year 2023-2024 and each fiscal year thereafter, no less than twenty-five million dollars ($25,000,000) from money appropriated to the department for child-care services shall be used for the purposes specified under clause (A).

(3) For twelve months after an initial determination under paragraph (1) or a redetermination of eligibility under paragraph (2), a child shall remain eligible for subsidized child care regardless of either of the following:

(i) A temporary change in the parent or caretaker's status as working or attending a job training or educational program.

(ii) An increase in the family's annual income, if the income does not exceed eighty-five percent of the State median income for a family of the same size.

(f) Deleted by 2025, Nov. 12, P.L. 235, No. 46, § 2, imd. effective.

1  45 P.S. § 1204.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 62 P.S. Poor Persons and Public Welfare § 408.3. Copayments for subsidized child care - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-62-ps-poor-persons-and-public-welfare/pa-st-sect-62-408-3/

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