STATE OF NEW YORK
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7582--A
2021-2022 Regular Sessions
IN ASSEMBLY
May 14, 2021
___________
Introduced by M. of A. HEVESI, THIELE -- read once and referred to the
Committee on Children and Families -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to certain fami-
lies' access to child care assistance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 3 of section 410-w of the social
2 services law, as amended by chapter 569 of the laws of 2001, are amended
3 to read as follows:
4 1. A social services district may use the funds allocated to it from
5 the block grant to provide child care assistance to:
6 (a) families receiving public assistance when such child care assist-
7 ance is necessary: to enable a parent or caretaker relative to engage in
8 work, participate in work activities or perform a community service
9 pursuant to title nine-B of article five of this chapter; to enable a
10 teenage parent to attend high school or other equivalent training
11 program; because the parent or caretaker relative is physically or
12 mentally incapacitated; or because family duties away from home necessi-
13 tate the parent or caretaker relative's absence; child day care shall be
14 provided during breaks in activities, for a period of up to two weeks.
15 Such child day care may be authorized for a period of up to one month if
16 child care arrangements shall be lost if not continued, and the program
17 or employment is scheduled to begin within such period;
18 (b) families with incomes up to [two hundred percent of the state
19 income standard] eighty-five percent of the state median income who are
20 attempting through work activities to transition off of public assist-
21 ance when such child care is necessary in order to enable a parent or
22 caretaker relative to engage in work provided such families' public
23 assistance has been terminated as a result of increased hours of or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11458-04-1
A. 7582--A 2
1 income from employment or increased income from child support payments
2 or the family voluntarily ended assistance; and, provided that the fami-
3 ly received public assistance at least three of the six months preceding
4 the month in which eligibility for such assistance terminated or ended
5 or provided that such family has received child care assistance under
6 subdivision four of this section;
7 (c) families with incomes up to [two hundred percent of the state
8 income standard] eighty-five percent of the state median income which
9 are determined in accordance with the regulations of the department to
10 be at risk of becoming dependent on family assistance;
11 (d) families with incomes up to [two hundred percent of the state
12 income standard] eighty-five percent of the state median income who are
13 attending a post secondary educational program and working at least
14 seventeen and one-half hours per week; and
15 (e) other families with incomes up to [two hundred percent of the
16 state income standard] eighty-five percent of the state median income
17 which the social services district designates in its consolidated
18 services plan as eligible for child care assistance in accordance with
19 criteria established by the department.
20 2. For the purposes of this title, the term "state [income standard]
21 median income" [means the most recent federal income official poverty
22 line (as defined and annually revised by the federal office of manage-
23 ment and budget) updated by the department for a family size of four and
24 adjusted by the department for family size] shall mean the most recent
25 state median income as published by the United States census bureau for
26 a family of the same size as the family applying for child care assist-
27 ance.
28 3. A social services district shall guarantee child care assistance to
29 families in receipt of public assistance with children under thirteen
30 years of age when such child care assistance is necessary for a parent
31 or caretaker relative to engage in work or participate in work activ-
32 ities pursuant to the provisions of title nine-B of article five of this
33 chapter. Child care assistance shall continue to be guaranteed for such
34 a family for a period of twelve months after the month in which the
35 family's eligibility for public assistance has terminated or ended when
36 such child care is necessary in order to enable the parent or caretaker
37 relative to engage in work, provided that the family's public assistance
38 has been terminated as a result of an increase in the hours of or income
39 from employment or increased income from child support payments or
40 because the family voluntarily ended assistance; that the family
41 received public assistance in at least three of the six months preceding
42 the month in which eligibility for such assistance terminated or ended
43 or provided that such family has received child care assistance under
44 subdivision four of this section; and that the family's income does not
45 exceed two hundred percent of the [state income standard] federal pover-
46 ty level. Such child day care shall recognize the need for continuity of
47 care for the child and a district shall not move a child from an exist-
48 ing provider unless the participant consents to such move.
49 § 2. Subdivision 2 of section 410-u of the social services law, as
50 added by section 52 of part B of chapter 436 of the laws of 1997, is
51 amended to read as follows:
52 2. The state block grant for child care shall be divided into two
53 parts pursuant to a plan developed by the department and approved by the
54 director of the budget. One part shall be retained by the state to
55 provide child care on a statewide basis to special groups and for
56 activities to increase the availability and/or quality of child care
A. 7582--A 3
1 programs, including, but not limited to, the start-up of child care
2 programs, the operation of child care resource and referral programs,
3 training activities, the regulation and monitoring of child care
4 programs, the development of computerized data systems, and consumer
5 education, provided however, that child care resource and referral
6 programs funded under title five-B of article six of this chapter shall
7 meet additional performance standards developed by the department of
8 social services including but not limited to: increasing the number of
9 child care placements for persons who are at or below [two hundred]
10 eighty-five percent of the state median income [standard] with emphasis
11 on placements supporting local efforts in meeting federal and state work
12 participation requirements, increasing technical assistance to all
13 modalities of legal child care to persons who are at or below [two
14 hundred] eighty-five percent of the state median income [standard],
15 including the provision of training to assist providers in meeting child
16 care standards or regulatory requirements, and creating new child care
17 opportunities, and assisting social services districts in assessing and
18 responding to child care needs for persons at or below [two hundred]
19 eighty-five percent of the state median income [standard]. The depart-
20 ment shall have the authority to withhold funds from those agencies
21 which do not meet performance standards. Agencies whose funds are with-
22 held may have funds restored upon achieving performance standards. The
23 other part shall be allocated to social services districts to provide
24 child care assistance to families receiving family assistance and to
25 other low income families.
26 § 3. This act shall take effect on the ninetieth day after it shall
27 have become a law. Effective immediately, the addition, amendment
28 and/or repeal of any rule or regulation necessary for the implementation
29 of this act on its effective date are authorized to be made and
30 completed by the commissioner of the office of children and family
31 services on or before such effective date.