S T A T E O F N E W Y O R K ________________________________________________________________________ 6806 I N S E N A T E March 12, 2014 ___________ Introduced by Sens. GRISANTI, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the social services law, in relation to notice require- ments to families and providers when funding cuts are made THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 34-a of the social services law is amended by 2 adding a new subdivision 9 to read as follows: 3 9. (A) IN ORDER TO ALLOW FAMILIES TIME TO PROPERLY PLAN FOR THEIR 4 FINANCIAL NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF THEIR 5 CHILDREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND 6 ITS CONSOLIDATED SERVICES PLAN, SUBMITS AN ANNUAL PLAN UPDATE, OR TAKES 7 ANY OTHER ACTION THAT WOULD LOWER THE FINANCIAL ELIGIBILITY LEVEL FOR 8 CHILD CARE ASSISTANCE SO THAT FAMILIES RECEIVING SUBSIDIES WOULD LOSE 9 ELIGIBILITY THEREFORE, THE LOCAL SOCIAL SERVICES DISTRICT SHALL NOTIFY 10 THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THAT FACT AT LEAST SIXTY 11 DAYS BEFORE THE EFFECTIVE DATE OF THE PROPOSED CHANGE IN ELIGIBILITY 12 LEVEL. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL POST NOTICE OF 13 THE PROPOSED CHANGE ON THE OFFICE'S WEBSITE WITHIN FIVE DAYS OF RECEIV- 14 ING SAID NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING SAID NOTICE SHALL 15 NOTIFY ALL LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD CARE PROVIDERS 16 IN THE AFFECTED DISTRICT, THE STATE CHILD CARE RESOURCE AND REFERRAL 17 AGENCY, THE LOCAL CHILD CARE RESOURCE AND REFERRAL AGENCY, AS WELL AS 18 ALL CERTIFIED EMPLOYEE ORGANIZATIONS REPRESENTING LICENSED, REGISTERED 19 AND LEGALLY-EXEMPT CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT. SAID 20 NOTICE MAY BE MADE BY E-MAIL OR REGULAR MAIL IN THE FORM OF A LETTER OR 21 POSTCARD, AND SHALL INFORM THE RECIPIENT OF THE DATE OF THE PROPOSED 22 CHANGE AND A DESCRIPTION OF THE PROPOSED CHANGE. THE NOTICE SHALL ALSO 23 REQUIRE THAT CHILD CARE PROVIDERS THAT RECEIVE THE NOTICE IMMEDIATELY 24 POST THE NOTICE IN A PLACE WHICH IS LIKELY TO BE SEEN BY THE FAMILIES 25 WHO HAVE CHILDREN IN THE PROVIDER'S CARE AND THAT CERTIFIED EMPLOYEE 26 ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD 27 CARE PROVIDERS IN THE AFFECTED DISTRICT POST THE NOTICE ON THEIR OFFI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14202-02-4 S. 6806 2 1 CIAL WEBSITE. THIS NOTICE SHALL NOT BE CONSIDERED AS A SUBSTITUTE FOR 2 ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW. 3 (B) IN ORDER TO ALLOW FAMILIES TIME TO PROPERLY PLAN FOR THEIR FINAN- 4 CIAL NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF THEIR CHIL- 5 DREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND ITS 6 CONSOLIDATED SERVICES PLAN OR TO SUBMIT AN ANNUAL PLAN UPDATE THAT 7 INCREASES THE PARENTAL CO-PAYMENT MULTIPLIER FOR CHILD CARE ASSISTANCE 8 SO THAT FAMILIES RECEIVING SUBSIDIES WOULD PAY AN INCREASED PERCENTAGE 9 OF THEIR INCOME AS A CHILD CARE CO-PAYMENT, THE LOCAL SOCIAL SERVICES 10 DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THAT 11 FACT AT LEAST SIXTY DAYS BEFORE THE EFFECTIVE DATE OF THE PROPOSED 12 CHANGE IN ELIGIBILITY LEVEL. THE OFFICE OF CHILDREN AND FAMILY SERVICES 13 SHALL POST NOTICE OF THE PROPOSED CHANGE ON THE OFFICE'S WEBSITE WITHIN 14 FIVE DAYS OF RECEIVING SAID NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING 15 SAID NOTICE SHALL NOTIFY ALL LICENSED, REGISTERED AND LEGALLY-EXEMPT 16 CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT, THE STATE CHILD CARE 17 RESOURCE AND REFERRAL AGENCY, THE LOCAL CHILD CARE RESOURCE AND REFERRAL 18 AGENCY, AS WELL AS ALL CERTIFIED EMPLOYEE ORGANIZATIONS REPRESENTING 19 LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD CARE PROVIDERS IN THE 20 AFFECTED DISTRICT. SAID NOTICE MAY BE MADE BY E-MAIL OR REGULAR MAIL IN 21 THE FORM OF A LETTER OR POSTCARD, AND SHALL INFORM THE RECIPIENT OF THE 22 DATE OF THE PROPOSED CHANGE AND A DESCRIPTION OF THE PROPOSED CHANGE. 23 THE NOTICE SHALL ALSO REQUIRE THAT CHILD CARE PROVIDERS THAT RECEIVE THE 24 NOTICE IMMEDIATELY POST THE NOTICE IN A PLACE WHICH IS LIKELY TO BE SEEN 25 BY THE FAMILIES WHO HAVE CHILDREN IN THE PROVIDER'S CARE AND THAT CERTI- 26 FIED EMPLOYEE ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGAL- 27 LY-EXEMPT CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT POST THE NOTICE 28 ON THEIR OFFICIAL WEBSITE. THIS NOTICE SHALL NOT BE CONSIDERED AS A 29 SUBSTITUTE FOR ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW. 30 S 2. This act shall take effect on the first of January next succeed- 31 ing the date on which it shall have become a law.