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A03498 Summary:

BILL NO    A03498A

SAME AS    SAME AS S05743

SPONSOR    Peoples-Stokes

COSPNSR    Mayer, Clark, Rozic, Perry

MLTSPNSR   Galef, McDonald

Amd S34-a, Soc Serv L

Provides for the local social services district to notify the office of
children and family services when there is a proposed change in the financial
eligibility level.
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A03498 Actions:

BILL NO    A03498A

01/28/2013 referred to children and families
02/28/2013 reported 
03/01/2013 advanced to third reading cal.68
03/06/2013 passed assembly
03/06/2013 delivered to senate
03/06/2013 REFERRED TO SOCIAL SERVICES
06/12/2013 recalled from senate
06/12/2013 RETURNED TO ASSEMBLY
06/12/2013 vote reconsidered - restored to third reading
06/12/2013 amended on third reading 3498a
06/17/2013 repassed assembly
06/17/2013 returned to senate
06/17/2013 COMMITTED TO RULES
06/20/2013 SUBSTITUTED FOR S5743
06/20/2013 3RD READING CAL.1566
06/20/2013 PASSED SENATE
06/20/2013 RETURNED TO ASSEMBLY
10/11/2013 delivered to governor
10/23/2013 vetoed memo.236
10/24/2013 tabled
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A03498 Votes:

A03498 03/06/2013 118/25
AbbateYClarkYGanttYKavanagYMcKevitYRaiaYSolagesY
AbinantYColtonYGarbariYKearnsYMcLaughNORamosYStecNO
ArroyoYCookYGibsonYKellnerYMillerYReilichNOSteckY
AubryYCorwinNOGiglioYKimYMillmanYRiveraERStevensY
BarclayNOCrespoYGjonajYKolbYMontesaYRobertsYStirpeY
BarrettYCrouchNOGlickYLalorNOMorelleYRobinsoYSweeneyY
BarronERCurranYGoldfedYLavineYMosleyYRodriguERTediscoY
BenedetYCusickYGoodellNOLentolYMoyaYRosaYTenneyNO
BlankenNOCymbrowYGottfriYLiftonYNojayNORosenthYThieleY
BorelliNODenDekkYGrafYLope PDNONolanYRozicYTitoneY
BoylandYDinowitYGuntherYLope VJEROaksNORussellYTitusY
BraunstYDiPietrNOHawleyNOLosquadERO'DonneYRyanYWalterNO
BrennanYDupreyYHeastieYLupardoYOrtizYSaladinYWeinsteY
BrindisYEnglebrYHennessYLupinacNOOtisYSantabaYWeisenbY
BronsonYEspinalYHevesiYMageeNOPalmesaNOScarborYWeprinY
Brook-KYFahyYHikindYMagnareYPaulinYSchimelYWrightY
BuchwalYFarrellYHooperYMaiselYPeoplesYSchimmiYZebrowsY
ButlerNOFinchYJacobsYMalliotNOPerryYSepulveYMr SpkrY
CahillYFitzpatERJaffeeYMarkeyYPretlowYSimanowY
CamaraYFriendNOJohnsYMayerYQuartYSimotasY
CastroERGabryszYJordanNOMcDonalYRaYSkartadY
CerettoYGalefYKatzNOMcDonouYRabbittYSkoufisY

A03498A06/17/2013 117/22
AbbateYColtonYGarbariNOKearnsYMillmanYRiveraYStevensAB
AbinantYCookYGibsonYKellnerYMontesaYRobertsYStirpeY
ArroyoYCorwinNOGiglioYKimYMorelleYRobinsoERSweeneyY
AubryYCrespoYGjonajERKolbYMosleyYRodriguYTediscoY
BarclayNOCrouchYGlickYLalorNOMoyaYRosaYTenneyNO
BarrettYCurranYGoldfedYLavineYNojayNORosenthYThieleY
BarronYCusickYGoodellNOLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksYRussellYTitusY
BlankenYDenDekkYGrafYLopezNOO'DonneYRyanYWalterNO
BorelliNODinowitYGuntherYLupardoYOrtizYSaladinERWeinsteY
BoylandERDiPietrNOHawleyNOLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaNOScarborYWeprinER
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesYSchimmiNOZebrowsY
BronsonYFahyYHikindERMalliotNOPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperYMarkeyYPretlowYSimanowY
BuchwalYFinchNOJacobsYMayerYQuartYSimotasY
ButlerYFitzpatNOJaffeeYMcDonalYRaYSkartadY
CahillYFriendNOJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanERMcKevitYRaiaYSolagesY
CerettoYGalefYKatzNOMcLaughNORamosYStecNO
ClarkYGanttYKavanagYMillerYReilichNOSteckY

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A03498 Memo:

BILL NUMBER:A3498A

TITLE OF BILL:  An act to amend the social services law, in relation
to notice requirements to families and providers when funding cuts are
made

PURPOSE:

To afford families the time necessary to plan should they experience a
disruption in child care services due to a reduction in financial
eligibility in relation to child care subsidies.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision to section 34-a of the social
services law, which requires a county social services district to
notify the office of children and family services 60 days prior to a
proposed reduction in the financial eligibility level for childcare
assistance or an increase in the parental co-payment. The office would
be required to post a notice on their website within 5 days, and must
send notice to child care providers, the applicable child care
resource and referral agency and the certified employee organization
representing said child care providers within 20 days.  Child care
providers, including the certified employee organization representing
the providers, are required to post such notice.

Section 2 of the bill establishes the effective date

JUSTIFICATION:

In February 2010, with only 10 days notice, the families of 1500
children in Erie County were notified that their child care subsidies
would be terminated because the county was lowering its eligibility
levels from 200% to 125% of the poverty level. This short notice left
many families in a compromised situation and required some to leave
their jobs and others to remove their children from safe, secure and
quality child care with little to no time to arrange satisfactory
alternatives. These families experienced undue hardship as a result of
this inadequate notice timeframe.

State regulations require that an individual be given 10 days notice
of a reduction or discontinuance of social services benefits. That
notice provision makes sense if the adverse action is caused by a
charge in the individual's income or resources. However, it does not
make sense when a county adjusts their child care eligibility levels
or its co-payment structure.

This bill would require that counties notify the Office of Children
and Family Services (OCFS) when the social services district plans to
lower eligibility levels or lower its co-payment structure. OCFS would
in turn notify all of the providers that it regulates, including
legally-exempt caregivers, the state child care resource and referral
agency, as well as the certified employee organization representing
child care providers, that is proposing to make such an adjustment.
This notice will provide families the time needed to make alternative
plans.


PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

Minimal

EFFECTIVE DATE:

This act shall take effect immediately.
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A03498 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3498--A
                                                                Cal. No. 68

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 28, 2013
                                      ___________

       Introduced  by  M.  of  A. PEOPLES-STOKES, MAYER, CLARK, ROZIC -- Multi-
         Sponsored by -- M.   of A. GALEF -- read  once  and  referred  to  the
         Committee on Children and Families -- passed by Assembly and delivered
         to  the  Senate,  recalled  from  the  Senate, vote reconsidered, bill
         amended, ordered reprinted, retaining its place on the order of  third
         reading

       AN  ACT to amend the social services law, in relation to notice require-
         ments to families and providers when funding cuts are made

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section  34-a  of  the  social services law is amended by
    2  adding a new subdivision 9 to read as follows:
    3    9. (A) IN ORDER TO ALLOW FAMILIES TIME  TO  PROPERLY  PLAN  FOR  THEIR
    4  FINANCIAL  NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF THEIR
    5  CHILDREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND
    6  ITS CONSOLIDATED SERVICES PLAN, SUBMITS AN ANNUAL PLAN UPDATE, OR  TAKES
    7  ANY  OTHER  ACTION  THAT WOULD LOWER THE FINANCIAL ELIGIBILITY LEVEL FOR
    8  CHILD CARE ASSISTANCE SO THAT FAMILIES RECEIVING  SUBSIDIES  WOULD  LOSE
    9  ELIGIBILITY  THEREFORE,  THE LOCAL SOCIAL SERVICES DISTRICT SHALL NOTIFY
   10  THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THAT FACT AT  LEAST  SIXTY
   11  DAYS  BEFORE  THE  EFFECTIVE  DATE OF THE PROPOSED CHANGE IN ELIGIBILITY
   12  LEVEL. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL POST  NOTICE  OF
   13  THE  PROPOSED CHANGE ON THE OFFICE'S WEBSITE WITHIN FIVE DAYS OF RECEIV-
   14  ING SAID NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING SAID  NOTICE  SHALL
   15  NOTIFY  ALL LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD CARE PROVIDERS
   16  IN THE AFFECTED DISTRICT, THE STATE CHILD  CARE  RESOURCE  AND  REFERRAL
   17  AGENCY,  THE  LOCAL  CHILD CARE RESOURCE AND REFERRAL AGENCY, AS WELL AS
   18  ALL CERTIFIED EMPLOYEE ORGANIZATIONS REPRESENTING  LICENSED,  REGISTERED
   19  AND  LEGALLY-EXEMPT  CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT. SAID
   20  NOTICE MAY BE MADE BY E-MAIL OR REGULAR MAIL IN THE FORM OF A LETTER  OR
   21  POSTCARD,  AND  SHALL  INFORM  THE RECIPIENT OF THE DATE OF THE PROPOSED

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03983-02-3
       A. 3498--A                          2

    1  CHANGE AND A DESCRIPTION OF THE PROPOSED CHANGE. THE NOTICE  SHALL  ALSO
    2  REQUEST  THAT  CHILD  CARE PROVIDERS THAT RECEIVE THE NOTICE IMMEDIATELY
    3  POST THE NOTICE IN A PLACE WHICH IS LIKELY TO BE SEEN  BY  THE  FAMILIES
    4  WHO  HAVE  CHILDREN  IN  THE PROVIDER'S CARE AND THAT CERTIFIED EMPLOYEE
    5  ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD
    6  CARE PROVIDERS IN THE AFFECTED DISTRICT POST THE NOTICE ON  THEIR  OFFI-
    7  CIAL  WEBSITE.   THIS NOTICE SHALL NOT BE CONSIDERED AS A SUBSTITUTE FOR
    8  ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW.
    9    (B) IN ORDER TO ALLOW FAMILIES TIME TO PROPERLY PLAN FOR THEIR  FINAN-
   10  CIAL NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF THEIR CHIL-
   11  DREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND ITS
   12  CONSOLIDATED  SERVICES  PLAN  OR  TO  SUBMIT  AN ANNUAL PLAN UPDATE THAT
   13  INCREASES THE PARENTAL CO-PAYMENT MULTIPLIER FOR CHILD  CARE  ASSISTANCE
   14  SO  THAT  FAMILIES RECEIVING SUBSIDIES WOULD PAY AN INCREASED PERCENTAGE
   15  OF THEIR INCOME AS A CHILD CARE CO-PAYMENT, THE  LOCAL  SOCIAL  SERVICES
   16  DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THAT
   17  FACT  AT  LEAST  SIXTY  DAYS  BEFORE  THE EFFECTIVE DATE OF THE PROPOSED
   18  CHANGE IN ELIGIBILITY LEVEL. THE OFFICE OF CHILDREN AND FAMILY  SERVICES
   19  SHALL  POST NOTICE OF THE PROPOSED CHANGE ON THE OFFICE'S WEBSITE WITHIN
   20  FIVE DAYS OF RECEIVING SAID NOTICE, AND WITHIN TWENTY DAYS OF  RECEIVING
   21  SAID  NOTICE  SHALL  NOTIFY  ALL LICENSED, REGISTERED AND LEGALLY-EXEMPT
   22  CHILD CARE PROVIDERS IN THE AFFECTED  DISTRICT,  THE  STATE  CHILD  CARE
   23  RESOURCE AND REFERRAL AGENCY, THE LOCAL CHILD CARE RESOURCE AND REFERRAL
   24  AGENCY,  AS  WELL  AS  ALL CERTIFIED EMPLOYEE ORGANIZATIONS REPRESENTING
   25  LICENSED, REGISTERED AND LEGALLY-EXEMPT  CHILD  CARE  PROVIDERS  IN  THE
   26  AFFECTED DISTRICT.  SAID NOTICE MAY BE MADE BY E-MAIL OR REGULAR MAIL IN
   27  THE  FORM OF A LETTER OR POSTCARD, AND SHALL INFORM THE RECIPIENT OF THE
   28  DATE OF THE PROPOSED CHANGE AND A DESCRIPTION OF  THE  PROPOSED  CHANGE.
   29  THE NOTICE SHALL ALSO REQUEST THAT CHILD CARE PROVIDERS THAT RECEIVE THE
   30  NOTICE IMMEDIATELY POST THE NOTICE IN A PLACE WHICH IS LIKELY TO BE SEEN
   31  BY THE FAMILIES WHO HAVE CHILDREN IN THE PROVIDER'S CARE AND THAT CERTI-
   32  FIED EMPLOYEE ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGAL-
   33  LY-EXEMPT  CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT POST THE NOTICE
   34  ON THEIR OFFICIAL WEBSITE.  THIS NOTICE SHALL NOT  BE  CONSIDERED  AS  A
   35  SUBSTITUTE FOR ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW.
   36    S  2. This act shall take effect on the first of January next succeed-
   37  ing the date on which it shall have become a law.
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