Establishes a statewide presumptive eligibility standard where upon application for child care assistance, with included documentation required by a local social services district, a family shall be presumed eligible for such assistance for a period of thirty to sixty days.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4099
SPONSOR: Clark TITLE OF BILL:
An act to amend the social services law, in relation to establishing a
statewide presumptive eligibility standard for the receipt of child care
assistance
PURPOSE:
This bill would require social services districts to utilize a presump-
tive eligibility standard for child care assistance, and help eliminate
administrative burdens and delay in families receiving care.
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend the social services law § 410-w (1)
and create a new paragraph (f):
*Paragraph (f) allows social services districts to utilize Child Care &
Development Block Grant (CCDBG) funding to provide child care assistance
under a presumptive eligibility standard
Section 2 of the bill would amend the' social services law § 410-w (3)
and create a new subdivision 3-a:
*Paragraph (a) requires social services districts to utilize a presump-
tive eligibility standard
*Paragraph (b) sets forth that a family shall be presumed eligible for
child care assistance, upon application with necessary documentation.
The social services district will provide assistance for a period of
30-60 days, and make an eligibility determination within that window of
time to ensure families are eligible for continued assistance
*Paragraph (c) requires that families be deemed eligible for continued
assistance, if a local social services district has not made an eligi-
bility determination after 30-60 days. Social services districts are
required to use local funds for assistance during the period of presumed
eligibility, in excess of 30-60 days
*Paragraph (d) allows social services districts to utilize Child Care &
Development Block Grant (CCDBG) funding to cover costs for families that
are later determined to be ineligible for child care assistance during
the period of presumed eligibility
*Paragraph (e) requires social services district to provide child care
assistance under a presumptive eligibility standard, clarifying this is
an authorized use of Child Care & Development Block Grant (CCDBG) fund-
ing
Section 3 sets the effective date for 180 days after enactment
JUSTIFICATION:
In New York State, families must meet certain eligibility requirements
for the receipt of child care assistance, and upon application must wait
up to 30 days before receiving care. In New York City, this processing
time can be as long as 60 days. Administrative delay in the processing
of applications for subsidies can often spell the difference between
families missing medical appointments, job interviews, and other impor-
tant life events that can lead to upward economic mobility and growth.
This bill is modeled on the efforts of Monroe County's Department of
Human Services to provide timely child care assistance for families in
need. Monroe County DHS issues subsidy certificates to families presumed
eligible, allowing them to pursue child care while their applications
are formally processed.
Under a statewide presumptive eligibility standard, all local social
services districts will be required to provide child care assistance
under this method. Presumptive eligibility will eliminate unnecessary
delays for families to receive child care assistance, and help create a
more accessible system for all.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect one hundred eighty days after becoming law.
STATE OF NEW YORK
________________________________________________________________________
4099
2023-2024 Regular Sessions
IN ASSEMBLY
February 9, 2023
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to establishing a
statewide presumptive eligibility standard for the receipt of child
care assistance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (d) and (e) of subdivision 1 of section 410-w of
2 the social services law, as amended by section 2 of part L of chapter 56
3 of the laws of 2022, are amended and a new paragraph (f) is added to
4 read as follows:
5 (d) families with incomes up to two hundred percent of the state
6 income standard, or three hundred percent of the state income standard
7 effective August first, two thousand twenty-two, who are attending a
8 post secondary educational program; provided, the family income does not
9 exceed eighty-five percent of the state median income; [and]
10 (e) other families with incomes up to two hundred percent of the state
11 income standard, or three hundred percent of the state income standard
12 effective August first, two thousand twenty-two, which the social
13 services district designates in its consolidated services plan as eligi-
14 ble for child care assistance in accordance with criteria established by
15 the department; provided, the family income does not exceed eighty-five
16 percent of the state median income[.]; and
17 (f) families receiving child care assistance under a presumptive
18 eligibility standard, pursuant to subdivision three-a of this section.
19 § 2. Section 410-w of the social services law is amended by adding a
20 new subdivision 3-a to read as follows:
21 3-a. (a) A social services district shall utilize a presumptive eligi-
22 bility standard to provide child care assistance to families in need.
23 (b) Upon application for child care assistance, with included documen-
24 tation required by a local social services district, a family shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04768-01-3
A. 4099 2
1 presumed eligible for such assistance for a period of thirty to sixty
2 days. A local social services district shall make eligibility determi-
3 nations within thirty to sixty days, to ensure applicants meet necessary
4 criteria for continued assistance.
5 (c) If a social services district has not made eligibility determi-
6 nations after a period of thirty to sixty days has elapsed, a family
7 shall continue to be presumed eligible for assistance. For eligibility
8 determinations made after such a period has elapsed, the local social
9 services district shall utilize local funds for such assistance during
10 the period of presumed eligibility.
11 (d) If a family has been determined to be presumptively eligible for
12 child care assistance, pursuant to this subdivision, and is subsequently
13 determined to be ineligible for such assistance, the local social
14 services district shall have the authority to utilize block grant funds
15 for such assistance during the period of presumed eligibility.
16 (e) A social services district shall provide child care assistance to
17 families under a presumptive eligibility standard, using child care
18 block grant funds, pursuant to paragraph (f) of subdivision one of this
19 section.
20 § 3. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law.
