S T A T E O F N E W Y O R K
________________________________________________________________________
11532--A
I N A S S E M B L Y
June 22, 2010
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Peoples-
Stokes, Scarborough, Jaffee) -- read once and referred to the Commit-
tee on Children and Families -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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 NINETY
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 TEN DAYS OF RECEIVING
SAID NOTICE, AND WITHIN THIRTY DAYS OF RECEIVING SAID NOTICE SHALL NOTI-
FY ALL LICENSED AND REGISTERED CHILD CARE PROVIDERS IN THE AFFECTED
DISTRICT, THE STATE CHILD CARE RESOURCE AND REFERRAL AGENCY, AS WELL AS
THE LOCAL CHILD CARE RESOURCE AND REFERRAL AGENCY. 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 REQUEST 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. THIS NOTICE SHALL NOT BE CONSIDERED AS A SUBSTI-
TUTE 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17691-03-0
A. 11532--A 2
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 NINETY 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
TEN DAYS OF RECEIVING SAID NOTICE, AND WITHIN THIRTY DAYS OF RECEIVING
SAID NOTICE SHALL NOTIFY ALL LICENSED AND REGISTERED CHILD CARE PROVID-
ERS IN THE AFFECTED DISTRICT, THE STATE CHILD CARE RESOURCE AND REFERRAL
AGENCY, AS WELL AS THE LOCAL CHILD CARE RESOURCE AND REFERRAL AGENCY.
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 REQUEST 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. 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.