senate Bill S6806

Provides for the local social services district to notify the office of children and family services when there is a change in the eligibility level

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Mar / 2014
    • REFERRED TO SOCIAL SERVICES
  • 13 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 16 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1402
  • 16 / Jun / 2014
    • SUBSTITUTED BY A8918

Summary

Provides for the local social services district to notify the office of children and family services when there is a proposed change in the financial eligibility level.

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Bill Details

See Assembly Version of this Bill:
A8918
Versions:
S6806
Legislative Cycle:
2013-2014
Law Section:
Social Services Law
Laws Affected:
Amd ยง34-a, Soc Serv L

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Social Services committee vote details

Sponsor Memo

BILL NUMBER:S6806

TITLE OF BILL: An act to amend the social services law, in relation
to notice requirements to families and providers when funding cuts are
made

PURPOSE OF BILL: To afford families the time necessary to plan should
they experience a disruption in child care services due to a reduction
in financial eligibility in relation to child care subsidies.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision to section 34-a of the social
services law, which requires a county social services district to
notify the office of children and family services GO days prior to a
proposed reduction in the financial eligibility level for childcare
assistance or an increase in the parental co-payment. The office would
be required to post a notice on their website within 5 days, and must
send notice to child care providers, the applicable child care
resource and referral agency and the certified employee organization
representing said child care providers within 20 days. Child care
providers, including the certified employee organization representing
the providers, are required to post such notice.

Section 2 of the bill establishes the effective date.

JUSTIFICATION: In February 2010, with only 10 days notice, the
families of 1500 children in Erie County were notified that their
child care subsidies would be terminated because the county was
lowering its eligibility levels from 200% to 1253 of the poverty
level. This short notice left many families in a compromised situation
and required some to leave their jobs and others to remove their
children from safe, secure and quality child care with little to no
time to arrange satisfactory alternatives. These families experienced
undue hardship as a result of this inadequate notice timeframe.

State regulations require that an individual be given 10 days notice
of a reduction or discontinuance of social services benefits. That
notice provision makes sense if the adverse action is caused by a
change in the individual's income or resources. However, it does not
make sense when a county adjusts their child care eligibility levels
or its co-payment structure.

This bill would require that counties notify the Office of Children
and Family Services (OCFS) when the social services district plans to
lower eligibility levels or lower its co-payment structure. OCFS would
in turn notify all of the providers that it regulates, including
legally-exempt caregivers, the state child care resource and referral
agency and the applicable local child care resource and referral
agency, as well as the certified employee organization representing
child care providers, that it is proposing to make such an adjustment.
This notice will provide families the time needed to make alternative
plans.

PRIOR LEGISLATIVE HISTORY: Similar to Veto #236 of 2013

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal


EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall become a law.

view bill text
                    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:

  Section  1.  Section  34-a  of  the  social services law is amended by
adding a new subdivision 9 to read as follows:
  9. (A) IN ORDER TO ALLOW FAMILIES TIME  TO  PROPERLY  PLAN  FOR  THEIR
FINANCIAL  NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF THEIR
CHILDREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND
ITS CONSOLIDATED SERVICES PLAN, SUBMITS AN ANNUAL PLAN UPDATE, OR  TAKES
ANY  OTHER  ACTION  THAT WOULD LOWER THE FINANCIAL ELIGIBILITY LEVEL FOR
CHILD CARE ASSISTANCE SO THAT FAMILIES RECEIVING  SUBSIDIES  WOULD  LOSE
ELIGIBILITY  THEREFORE,  THE LOCAL SOCIAL SERVICES DISTRICT SHALL NOTIFY
THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THAT FACT AT  LEAST  SIXTY
DAYS  BEFORE  THE  EFFECTIVE  DATE OF THE PROPOSED CHANGE IN ELIGIBILITY
LEVEL. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL POST  NOTICE  OF
THE  PROPOSED CHANGE ON THE OFFICE'S WEBSITE WITHIN FIVE DAYS OF RECEIV-
ING SAID NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING SAID  NOTICE  SHALL
NOTIFY  ALL LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD CARE PROVIDERS
IN THE AFFECTED DISTRICT, THE STATE CHILD  CARE  RESOURCE  AND  REFERRAL
AGENCY,  THE  LOCAL  CHILD CARE RESOURCE AND REFERRAL AGENCY, AS WELL AS
ALL CERTIFIED EMPLOYEE ORGANIZATIONS REPRESENTING  LICENSED,  REGISTERED
AND  LEGALLY-EXEMPT  CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT. SAID
NOTICE MAY BE MADE BY E-MAIL OR REGULAR MAIL IN THE FORM OF A LETTER  OR
POSTCARD,  AND  SHALL  INFORM  THE RECIPIENT OF THE DATE OF THE PROPOSED
CHANGE AND A DESCRIPTION OF THE PROPOSED CHANGE. THE NOTICE  SHALL  ALSO
REQUIRE  THAT  CHILD  CARE PROVIDERS THAT RECEIVE THE NOTICE IMMEDIATELY
POST THE NOTICE IN A PLACE WHICH IS LIKELY TO BE SEEN  BY  THE  FAMILIES
WHO  HAVE  CHILDREN  IN  THE PROVIDER'S CARE AND THAT CERTIFIED EMPLOYEE
ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD
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

CIAL  WEBSITE.   THIS NOTICE SHALL NOT BE CONSIDERED AS A SUBSTITUTE FOR
ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW.
  (B)  IN ORDER TO ALLOW FAMILIES TIME TO PROPERLY PLAN FOR THEIR FINAN-
CIAL NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF THEIR CHIL-
DREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND ITS
CONSOLIDATED SERVICES PLAN OR TO  SUBMIT  AN  ANNUAL  PLAN  UPDATE  THAT
INCREASES  THE  PARENTAL CO-PAYMENT MULTIPLIER FOR CHILD CARE ASSISTANCE
SO THAT FAMILIES RECEIVING SUBSIDIES WOULD PAY AN  INCREASED  PERCENTAGE
OF  THEIR  INCOME  AS A CHILD CARE CO-PAYMENT, THE LOCAL SOCIAL SERVICES
DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THAT
FACT AT LEAST SIXTY DAYS BEFORE  THE  EFFECTIVE  DATE  OF  THE  PROPOSED
CHANGE  IN ELIGIBILITY LEVEL. THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL POST NOTICE OF THE PROPOSED CHANGE ON THE OFFICE'S WEBSITE  WITHIN
FIVE  DAYS OF RECEIVING SAID NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING
SAID NOTICE SHALL NOTIFY ALL  LICENSED,  REGISTERED  AND  LEGALLY-EXEMPT
CHILD  CARE  PROVIDERS  IN  THE  AFFECTED DISTRICT, THE STATE CHILD CARE
RESOURCE AND REFERRAL AGENCY, THE LOCAL CHILD CARE RESOURCE AND REFERRAL
AGENCY, AS WELL AS ALL  CERTIFIED  EMPLOYEE  ORGANIZATIONS  REPRESENTING
LICENSED,  REGISTERED  AND  LEGALLY-EXEMPT  CHILD  CARE PROVIDERS IN THE
AFFECTED DISTRICT.  SAID NOTICE MAY BE MADE BY E-MAIL OR REGULAR MAIL IN
THE FORM OF A LETTER OR POSTCARD, AND SHALL INFORM THE RECIPIENT OF  THE
DATE  OF  THE  PROPOSED CHANGE AND A DESCRIPTION OF THE PROPOSED CHANGE.
THE NOTICE SHALL ALSO REQUIRE THAT CHILD CARE PROVIDERS THAT RECEIVE THE
NOTICE IMMEDIATELY POST THE NOTICE IN A PLACE WHICH IS LIKELY TO BE SEEN
BY THE FAMILIES WHO HAVE CHILDREN IN THE PROVIDER'S CARE AND THAT CERTI-
FIED EMPLOYEE ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGAL-
LY-EXEMPT CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT POST THE  NOTICE
ON  THEIR  OFFICIAL  WEBSITE.   THIS NOTICE SHALL NOT BE CONSIDERED AS A
SUBSTITUTE FOR ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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