Directs the commissioner of the office of children and family services to establish a consumer directed childcare pilot program for eligible families, within amounts appropriated therefor, in up to five counties with populations between 160,000 and 300,000.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9404
SPONSOR: Slater TITLE OF BILL:
An act in relation to directing the commissioner of the office of chil-
dren and family services to establish a "Consumer Directed Childcare
Pilot Program" in certain counties
PURPOSE OR GENERAL IDEA OF BILL:
To bolster child care and early childhood education in New York State.
SUMMARY OF PROVISIONS:
Section 1: Establishes the Consumer Directed Childcare Pilot Program
under the Office of Children and Family Services (OCFS).
Section 2: Provides definitions.
Section 3: Provides that the program shall be administered by the local
social service district in counties having a population of not less than
160,000 and not more than 300,000 persons according to the 2020 United
States Census. Shall districts shall file an implementation plan with
the commissioner, which shall be updated annually_ Further, OCFS shall
provide guidance to counties, as well as technical assistance as may be
necessary to assist such local social service districts in ensuring
access to the program for eligible families.
Section 4: Provides for the division of responsibilities for the
program.
Section 5: Provides that any agency or individual that meets the quali-
fications required to provide childcare services and who elect to
provide such services to eligible families may participate in the
Program.
Section 6: Directs OCFS to contract with fiscal intermediaries for wage
and benefit processing, processing income tax and other required wage
withholdings, compliance with workers' compensation, disability and
unemployment requirements, maintenance of personnel records, provision
for the assessment of the health status of each consumer directed child-
care provider prior to delivery of services, maintenance of records of
service provider authorizations, necessary monitoring, entering into
memorandum of understanding with eligible family, and such other respon-
sibilities as may be determined by the Commissioner.-
Section 7: Provides the effective date.
JUSTIFICATION:
A recent survey by McKinsey & Company. and Marshall Plan for Moms found
that approximately half of mothers of young children who left; the work
force did so, at least in part,"the to child care availability or
expenses. Furthermore, of the more than 1,000 workers that participated
in this survey, more than 80% of both Women and men with children under
5 years of age and younger indicated that child care benefits would "be
a very important or somewhat important factor in deciding whether to
stay at their: current employer or switch employers." Parents' access to
affordable, quality childcare has been a longstanding issue, however the
COVID-19 pandemic exacerbated the issue tremendously and left many day
care centers struggling' to keep their doors, open-all at a time when
many schools were closed and patents were even more desperate for child
care options to enable them to work. With more than half of Americans
living in a child care desert,'And only 61 of hourly workers Surveyed
having attest to emergency back-up care, the need for bolstering child
care in New York State is all the more urgent.
This legislation is part of a package of bills meant to bolster Child
care options in New York State by establishing the Consumer Directed
Childcare Pilot Program under the Office of Children and Family Services
(OCFS). This program, modeled after the successful Consumer Directed
Personal Assistance Program, Would be an innovative approach to address-
ing the child care crisis in New York State, by enabling consumers to
recruit, hire, and direct their own child care workers, including family
members and others they know and trust.
By ensuring New York parents have reliable attest to affordable, quality
child care, we can not only empower parents to return to, or remain in,
the work force, but provide a critical investment into our future gener-
ations of New Yorkers.
PRIOR LEGISLATIVE HISTORY:
2022: S9285 Serino: Referred to Children and Families
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
2022: S9285 Serino: Referred to Children and Families
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9404
IN ASSEMBLY
March 6, 2024
___________
Introduced by M. of A. SLATER -- read once and referred to the Committee
on Children and Families
AN ACT in relation to directing the commissioner of the office of chil-
dren and family services to establish a "Consumer Directed Childcare
Pilot Program" in certain counties
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Consumer Directed Childcare Pilot Program established. The
2 commissioner of the office of children and family services is hereby
3 directed to establish a "Consumer Directed Childcare Pilot Program",
4 within amounts appropriated therefor, in up to five counties in accord-
5 ance with the provisions of this act.
6 § 2. Definitions. For the purposes of this act, the following terms
7 shall have the following meanings:
8 (a) "Commissioner" shall mean the commissioner of the office of chil-
9 dren and family services.
10 (b) "Childcare provider", or "provider", shall mean an individual who
11 has obtained an individual unique identifier from the commissioner to
12 provide childcare services to an eligible family or an eligible family's
13 designated representative in accordance with such family's or represen-
14 tative's instruction, supervision, and direction.
15 (c) "Eligible family" shall mean an individual who is a parent or
16 guardian of one or more minor children who:
17 (i) is not eligible for any state or federal funding or grant programs
18 for childcare services;
19 (ii) meets such financial guidelines as established by the commission-
20 er; and
21 (iii) meets such other criteria, as may be established by the commis-
22 sioner, which are necessary to effectively implement the objectives of
23 the program.
24 (d) "Program" shall mean the Consumer Directed Childcare Pilot Program
25 established by the commissioner pursuant to this act.
26 (e) "Office" shall mean the office of children and family services.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09150-01-3
A. 9404 2
1 § 3. Administration. The program shall be administered by the local
2 social services district in counties having a population of not less
3 than one hundred sixty thousand and not more than three hundred thousand
4 persons according to the 2020 United States Census. Such social services
5 districts shall file an implementation plan with the commissioner, which
6 shall be updated annually. The office shall require that such implemen-
7 tation plans include, at a minimum, district enrollment targets and a
8 description of the methods for the provision of notice and assistance to
9 families who are eligible for enrollment in the program, and such other
10 information as may be required by the office. The office shall provide
11 guidance to such counties to ensure compliance and meet program goals.
12 The office shall also provide technical assistance and such other
13 assistance as may be necessary to assist such local social service
14 districts in ensuring access to the program for eligible families.
15 § 4. Division of responsibilities. (a) Each eligible family who elects
16 to participate in the program shall assume such responsibility for
17 services under the program as are mutually agreed to by the eligible
18 family and the childcare provider and documented in such eligible fami-
19 ly's record, including, but not limited to, the recruitment, hiring and
20 supervision of such childcare provider.
21 (b) An immediate family member or designated representative may not be
22 the childcare provider for the eligible family. However, a childcare
23 provider may include any other adult relative of the eligible family,
24 provided that the commissioner determines that the services provided by
25 such relative are consistent with the program requirements.
26 (c) A childcare provider shall not be liable for fulfillment of
27 responsibilities agreed to be undertaken by the eligible family.
28 § 5. Participating providers. Any agency or individual that meets the
29 qualifications required to provide childcare services and who elect to
30 provide such services to eligible families may participate in the
31 program.
32 § 6. Fiscal intermediary services. (a) The office shall contract with
33 fiscal intermediaries to perform the following services:
34 (i) wage and benefit processing for childcare providers;
35 (ii) processing income tax and other required wage withholdings;
36 (iii) compliance with workers' compensation, disability and unemploy-
37 ment requirements;
38 (iv) maintenance of personnel records for each consumer directed
39 childcare provider, including time records and other documentation need-
40 ed for wages and benefit processing and copies of such other documenta-
41 tion as may be required pursuant to regulations established by the
42 commissioner for such purpose;
43 (v) provision for the assessment of the health status of each consumer
44 directed childcare provider prior to delivery of services in accordance
45 with regulations established by the commissioner;
46 (vi) maintenance of records of service provider authorizations;
47 (vii) monitoring the eligible family's or, if applicable, the desig-
48 nated representative's continuing ability to fulfill such family's or
49 representative's responsibilities under the program, and promptly noti-
50 fying the authorizing entity of any circumstance that may affect the
51 eligible family's or, if applicable, the designated representative's
52 ability to fulfill such responsibilities;
53 (viii) entering into an memorandum of understanding with the eligible
54 family and approved by the office that describes the parties' responsi-
55 bilities under the program; and
A. 9404 3
1 (ix) such other related responsibilities as may be determined by the
2 commissioner, which may include, assisting eligible families with the
3 performance of such eligible family's responsibilities under the program
4 in a manner that does not infringe upon the eligible family's responsi-
5 bilities and self-direction.
6 (b) A fiscal intermediary shall not be responsible for, and fiscal
7 intermediary services shall not include, fulfillment of the responsibil-
8 ities of the eligible family or, if applicable, the family's designated
9 representative as are established by the commissioner. A fiscal interme-
10 diary's responsibilities shall not include, and a fiscal intermediary
11 shall not engage in:
12 (i) the management of any services provided by childcare providers
13 pursuant to the program, including recruitment and hiring of childcare
14 providers;
15 (ii) the training, supervision and scheduling of childcare providers,
16 termination of a childcare provider's employment, or the provision of
17 any assurance or representation by the intermediary with respect to the
18 competence or safety of any childcare services performed pursuant to the
19 program.
20 (c) A fiscal intermediary shall exercise reasonable care in properly
21 carrying out its responsibilities under the program.
22 § 7. This act shall take immediately.
