•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A09404 Summary:

BILL NOA09404
 
SAME ASSAME AS S07204
 
SPONSORSlater
 
COSPNSR
 
MLTSPNSR
 
 
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.
Go to top

A09404 Memo:

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.
Go to top

A09404 Text:



 
                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.
Go to top