Assembly Bill A2307A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2307

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. V. LOPEZ, BRENNAN, CLARK, JACOBS, LENTOL, ROBIN-
  SON, ERRIGO -- Multi-Sponsored by -- M. of A. ARROYO, McENENY, PAULIN,
  PHEFFER -- read once and referred to the  Committee  on  Children  and
  Families

AN ACT to amend the social services law, in relation to certain criteria
  for determining eligibility for children's day care services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 410 of the social services law, as
added by chapter 395 of the laws of 1965, is amended to read as follows:
  1. A [public welfare] SOCIAL SERVICES official of a  county,  city  or
town is authorized, provided funds have been made available therefor, to
provide day care at public expense for children residing in his territo-
ry  who are eligible therefor pursuant to provisions of this title. Such
care may be provided only in cases where it is determined, under  crite-
ria  established  by  the  [department]  OFFICE  OF  CHILDREN AND FAMILY
SERVICES, that there is a need therefor  because  of  inability  of  the
parents  to  provide  care and supervision for a substantial part of the
day and that such care is in the best interest of the child and  parent.
THE  EDUCATION  DEGREE  PROGRAM,  IF ANY, IN WHICH AN OTHERWISE ELIGIBLE
PARENT IS OR WILL BE ENROLLED SHALL NOT BE A FACTOR FOR CONSIDERATION IN
DETERMINING THOSE CASES WHERE SUCH DAY CARE MAY BE PROVIDED.  Where  the
family  is able to pay part or all of the costs of such care, payment of
such fees as may be reasonable in the light of  such  ability  shall  be
required.
  S  2.  Subdivision  3  of section 410-w of the social services law, as
amended by chapter 569 of the laws  of  2001,  is  amended  to  read  as
follows:
  3. A social services district shall guarantee child care assistance to
families  in  receipt  of public assistance with children under thirteen
years of age when such child care assistance is necessary for  a  parent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05730-01-9
              

A. 2307                             2

or  caretaker  relative  to engage in work or participate in work activ-
ities pursuant to the provisions of title nine-B of article five of this
chapter. THE EDUCATION DEGREE PROGRAM, IF ANY,  IN  WHICH  AN  OTHERWISE
ELIGIBLE  PARENT  OR  CARETAKER  IS  OR  WILL BE ENROLLED SHALL NOT BE A
FACTOR FOR CONSIDERATION IN DETERMINING THOSE CASES WHERE SUCH DAY  CARE
MAY  BE  PROVIDED. Child care assistance shall continue to be guaranteed
for such a family for a period of twelve months after the month in which
the family's eligibility for public assistance has terminated  or  ended
when such child care is necessary in order to enable the parent or care-
taker  relative  to  engage  in  work, provided that the family's public
assistance has been terminated as a result of an increase in  the  hours
of  or  income  from  employment  or increased income from child support
payments or because the family voluntarily ended  assistance;  that  the
family  received  public  assistance in at least three of the six months
preceding the month in which eligibility for such assistance  terminated
or ended or provided that such family has received child care assistance
under  subdivision  four  of  this section; and that the family's income
does not exceed two hundred percent of the state income  standard.  Such
child  day  care shall recognize the need for continuity of care for the
child and a district shall not move a child from  an  existing  provider
unless the participant consents to such move.
  S 3. This act shall take effect immediately.