Bill Text: NY A07582 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to the eligibility of certain families with incomes up to eighty-five percent of state median income to receive child care assistance.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced - Dead) 2021-06-10 - substituted by s6706b [A07582 Detail]
Download: New_York-2021-A07582-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 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 state19income 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. LBD11458-04-1A. 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 state8income 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 state12income 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 the16state 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 poverty22line (as defined and annually revised by the federal office of manage-23ment and budget) updated by the department for a family size of four and24adjusted 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 careA. 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 [two14hundred] 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.