Bill Text: NY S06706 | 2021-2022 | General Assembly | Amended

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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 8-0)

Status: (Engrossed - Dead) 2022-01-05 - REFERRED TO CHILDREN AND FAMILIES [S06706 Detail]

Download: New_York-2021-S06706-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6706--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 12, 2021
                                       ___________

        Introduced  by Sens. BRISPORT, PERSAUD, GOUNARDES, SALAZAR -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Children  and  Families  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11401-04-1
        S. 6706--B                          2

     1  caretaker relative to engage in  work  provided  such  families'  public
     2  assistance  has  been  terminated  as  a result of increased hours of or
     3  income from employment or increased income from child  support  payments
     4  or the family voluntarily ended assistance; and, provided that the fami-
     5  ly received public assistance at least three of the six months preceding
     6  the  month  in which eligibility for such assistance terminated or ended
     7  or provided that such family has received child  care  assistance  under
     8  subdivision four of this section;
     9    (c)  families  with  incomes  up  to [two hundred percent of the state
    10  income standard] eighty-five percent of the state  median  income  which
    11  are  determined  in accordance with the regulations of the department to
    12  be at risk of becoming dependent on family assistance;
    13    (d) families with incomes up to [two  hundred  percent  of  the  state
    14  income  standard] eighty-five percent of the state median income who are
    15  attending a post secondary educational  program  and  working  at  least
    16  seventeen and one-half hours per week; and
    17    (e)  other  families  with  incomes  up to [two hundred percent of the
    18  state income standard] eighty-five percent of the  state  median  income
    19  which  the  social  services  district  designates  in  its consolidated
    20  services plan as eligible for child care assistance in  accordance  with
    21  criteria established by the department.
    22    2.  For  the purposes of this title, the term "state [income standard]
    23  median income" [means the most recent federal  income  official  poverty
    24  line  (as  defined and annually revised by the federal office of manage-
    25  ment and budget) updated by the department for a family size of four and
    26  adjusted by the department for family size] shall mean the  most  recent
    27  state  median income as published by the United States census bureau for
    28  a family of the same size as the family applying for child care  assist-
    29  ance.
    30    3. A social services district shall guarantee child care assistance to
    31  families  in  receipt  of public assistance with children under thirteen
    32  years of age when such child care assistance is necessary for  a  parent
    33  or  caretaker  relative  to engage in work or participate in work activ-
    34  ities pursuant to the provisions of title nine-B of article five of this
    35  chapter. Child care assistance shall continue to be guaranteed for  such
    36  a  family  for  a  period  of twelve months after the month in which the
    37  family's eligibility for public assistance has terminated or ended  when
    38  such  child care is necessary in order to enable the parent or caretaker
    39  relative to engage in work, provided that the family's public assistance
    40  has been terminated as a result of an increase in the hours of or income
    41  from employment or increased  income  from  child  support  payments  or
    42  because  the  family  voluntarily  ended  assistance;  that  the  family
    43  received public assistance in at least three of the six months preceding
    44  the month in which eligibility for such assistance terminated  or  ended
    45  or  provided  that  such family has received child care assistance under
    46  subdivision four of this section; and that the family's income does  not
    47  exceed two hundred percent of the [state income standard] federal pover-
    48  ty level. Such child day care shall recognize the need for continuity of
    49  care  for the child and a district shall not move a child from an exist-
    50  ing provider unless the participant consents to such move.
    51    § 2. Subdivision 2 of section 410-u of the  social  services  law,  as
    52  added  by  section  52  of part B of chapter 436 of the laws of 1997, is
    53  amended to read as follows:
    54    2. The state block grant for child care  shall  be  divided  into  two
    55  parts pursuant to a plan developed by the department and approved by the
    56  director  of  the  budget.    One part shall be retained by the state to
        S. 6706--B                          3

     1  provide child care on a  statewide  basis  to  special  groups  and  for
     2  activities  to  increase  the  availability and/or quality of child care
     3  programs, including, but not limited to,  the  start-up  of  child  care
     4  programs,  the  operation  of child care resource and referral programs,
     5  training  activities,  the  regulation  and  monitoring  of  child  care
     6  programs,  the  development  of  computerized data systems, and consumer
     7  education, provided however,  that  child  care  resource  and  referral
     8  programs  funded under title five-B of article six of this chapter shall
     9  meet additional performance standards developed  by  the  department  of
    10  social  services  including but not limited to: increasing the number of
    11  child care placements for persons who are  at  or  below  [two  hundred]
    12  eighty-five  percent of the state median income [standard] with emphasis
    13  on placements supporting local efforts in meeting federal and state work
    14  participation  requirements,  increasing  technical  assistance  to  all
    15  modalities  of  legal  child  care  to  persons who are at or below [two
    16  hundred] eighty-five percent of  the  state  median  income  [standard],
    17  including the provision of training to assist providers in meeting child
    18  care  standards  or regulatory requirements, and creating new child care
    19  opportunities, and assisting social services districts in assessing  and
    20  responding  to  child  care  needs for persons at or below [two hundred]
    21  eighty-five percent of the state median income [standard].  The  depart-
    22  ment  shall  have  the  authority  to withhold funds from those agencies
    23  which do not meet performance standards. Agencies whose funds are  with-
    24  held  may have funds restored upon achieving performance standards.  The
    25  other part shall be allocated to social services   districts to  provide
    26  child  care  assistance  to families receiving family  assistance and to
    27  other low income families.
    28    § 3. This act shall take effect on the ninetieth day  after  it  shall
    29  have  become  a  law.    Effective  immediately, the addition, amendment
    30  and/or repeal of any rule or regulation necessary for the implementation
    31  of this act on  its  effective  date  are  authorized  to  be  made  and
    32  completed  by  the  commissioner  of  the  office of children and family
    33  services on or before such effective date.