NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8342
SPONSOR: Solages TITLE OF BILL:
An act to amend the social services law, in relation to requiring social
services districts to maintain a waiting list of certain families apply-
ing for child care assistance
PURPOSE:
The purpose of this bill is to create mandatory waiting lists for subsi-
dized child day care and establish reporting of discrete income levels
for families applying for childcare subsidies.
SUMMARY:
Section 1. Amends section 410-z of the social services law, as added by
section 52 of part B of chapter 436 of the laws of 1997.
Section 2. Nothing in this act shall be construed to require local
social services districts to maintain waiting lists for dates preceding
the effective date of this act, or to collect data pursuant to subdivi-
sion 3 of section 410-z of the social services law, as added by section
one of this act, for persons who applied for subsidized child care prior
to the effective date of this act.
Section 3. Sets the effective date.
JUSTIFICATION:
Many low-income and middle-class families rely on subsidized childcare
in order to maintain employment and ensure financial security. With this
in mind, each fiscal year the Legislature and the Governor allocate
funding for childcare assistance, but it is clear that there is still an
unmet need across the state. A lack of sufficient childcare affects a
parent's ability to work, which also creates a myriad of other issues
such as decreased workplace productivity and limited access to quality
early childhood education.
To understand the scope and severity of the unmet need of childcare
assistance for working families, it is imperative the state receive an
accurate estimate of the outstanding need in local districts for subsi-
dized child care. By establishing mandatory waiting lists, the number of
families, the length of time the family must wait for childcare assist-
ance, and the income level of families receiving childcare assistance
can be determined. This data collection will enable lawmakers to make
informed decisions regarding which families are receiving subsidies and
whether current income eligibility requirements are appropriate.
RACIAL JUSTICE IMPACT:
TBD.
GENDER JUSTICE IMPACT:
TBD.
LEGISLATIVE HISTORY:
2021-22: A5397; referred to children and families.
FISCAL IMPLICATIONS:
Minimal. Local districts can compile the information using existing
staff and technology.
EFFECTIVE DATE:
This act shall take effect October 1, 2023. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
8342
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Children and Families
AN ACT to amend the social services law, in relation to requiring social
services districts to maintain a waiting list of certain families
applying for child care assistance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 410-z of the social services law, as added by
2 section 52 of part B of chapter 436 of the laws of 1997, is amended to
3 read as follows:
4 § 410-z. Reporting requirements. 1. Each social services district
5 shall collect and submit to the [department] office of children and
6 family services, in such form and at such times as specified by the
7 [department] office of children and family services, such data and
8 information regarding child care assistance provided under the block
9 grant as the [department] office of children and family services may
10 need to comply with federal reporting requirements.
11 2. (a) Each social services district shall maintain a waiting list of
12 eligible families who have applied for child care assistance pursuant to
13 this title and who have not received such assistance. Such waiting list
14 shall contain information including, but not limited to:
15 (i) the date the child care assistance was requested;
16 (ii) the date the child care assistance was received;
17 (iii) the age of the child or children the assistance was requested on
18 behalf of; and
19 (iv) the total number of families on such waiting list as of the first
20 day of each month.
21 (b) Each district shall issue a report to the office of children and
22 family services by October fifteenth, two thousand twenty-four, and
23 annually thereafter detailing month-to-month information required pursu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04177-01-3
A. 8342 2
1 ant to this subdivision for the preceding period of October first
2 through September thirtieth, and shall include the following:
3 (i) the average length of time for families on the waiting list;
4 (ii) the number of families on the waiting list for each of the
5 following time periods:
6 (A) less than two weeks,
7 (B) two weeks to less than a month,
8 (C) one month to less than three months,
9 (D) three months to less than six months,
10 (E) six months to less than a year, and
11 (F) one year or more;
12 (iii) the average age of children represented on the waiting list;
13 (iv) the number of children represented on the waiting list eligible
14 for each:
15 (A) infant,
16 (B) toddler,
17 (C) pre-school, and
18 (D) school-aged subsidized child care slots; and
19 (v) the number of existing infant, toddler, pre-school and school-aged
20 subsidized child care slots;
21 (vi) the number of families who would receive child care assistance
22 except that they are waiting for available slots in a particular child
23 care program; and
24 (vii) other information as the district deems appropriate.
25 (c) For purposes of this subdivision, "eligible family" shall include
26 all families with incomes at or below two hundred percent of the federal
27 poverty level, as most recently reported by the federal department of
28 health and human services, who are otherwise eligible, but who may have
29 been denied assistance because the local social services district does
30 not have enough funds to serve all eligible families and has opted to
31 apply its funds to lower income families as a priority population.
32 3. (a) Each social services district shall collect data regarding the
33 income of families who applied for child care assistance pursuant to
34 this title, specifying:
35 (i) the number of families who were denied;
36 (ii) the number of families who received such assistance; and
37 (iii) a listing of the incomes pursuant to paragraph (b) of this
38 subdivision of the families who applied for such assistance.
39 (b) Each district shall issue a report to the office of children and
40 family services by October fifteenth, two thousand twenty-four, and
41 annually thereafter, detailing month-to-month information collected
42 pursuant to this subdivision for the preceding period of October first
43 through September thirtieth, and shall include the following:
44 (i) the number of all families who applied for and received child care
45 assistance pursuant to this title whose:
46 (A) incomes were under one hundred one percent of the federal poverty
47 level for their family size and were in receipt of cash public assist-
48 ance;
49 (B) incomes were under one hundred one percent of the federal poverty
50 level for their family size and were not in receipt of cash public
51 assistance;
52 (C) incomes were between one hundred one percent and one hundred twen-
53 ty-five percent of the federal poverty level for their family size;
54 (D) incomes were between one hundred twenty-six and one hundred fifty
55 percent of the federal poverty level for their family size;
A. 8342 3
1 (E) incomes were between one hundred fifty-one percent and one hundred
2 seventy-five percent of the federal poverty level for their family size;
3 and
4 (F) incomes were between one hundred seventy-six and two hundred
5 percent of the federal poverty level for their family size; and
6 (ii) the number of all families who applied for and were denied child
7 care assistance pursuant to this title whose:
8 (A) incomes were under one hundred one percent of the federal poverty
9 level for their family size, and who were in receipt of cash public
10 assistance;
11 (B) incomes were under one hundred one percent of the federal poverty
12 level for their family size and who were not in receipt of cash public
13 assistance;
14 (C) incomes were between one hundred one percent and one hundred twen-
15 ty-five percent of the federal poverty level for their family size;
16 (D) incomes were between one hundred twenty-six percent and one
17 hundred fifty percent of the federal poverty level for their family
18 size;
19 (E) incomes were between one hundred fifty-one percent and one hundred
20 seventy-five percent of the federal poverty level for their family size;
21 and
22 (F) incomes were between one hundred seventy-six and two hundred
23 percent of the federal poverty level for their family size; and
24 (iii) any other information as the office of children and family
25 services deems appropriate.
26 4. The office of children and family services shall compile such
27 reports pursuant to paragraph (b) of subdivision two, and paragraph (b)
28 of subdivision three of this section, into one comprehensive report
29 containing all required information on a county by county basis. Such
30 report shall be provided to the governor, the speaker of the assembly,
31 the temporary president of the senate, the chairperson of the assembly
32 committee on children and families, the chairperson of the senate
33 committee on children and families, the chairperson of the assembly
34 committee on social services, the chairperson of the senate committee on
35 social services, the chairperson of the assembly ways and means commit-
36 tee and the chairperson of the senate finance committee no later than
37 December first, two thousand twenty-four, and annually thereafter.
38 § 2. Nothing in this act shall be construed to require local social
39 services districts to maintain waiting lists for dates preceding the
40 effective date of this act, or to collect data pursuant to subdivision 3
41 of section 410-z of the social services law, as added by section one of
42 this act, for persons who applied for subsidized child care prior to the
43 effective date of this act.
44 § 3. This act shall take effect October 1, 2023. Effective immediate-
45 ly, the addition, amendment and/or repeal of any rule or regulation
46 necessary for the implementation of this act on its effective date are
47 authorized to be made and completed on or before such effective date.
