S T A T E   O F   N E W   Y O R K
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                                  8389

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2009
                               ___________

Introduced  by M. of A. BOYLAND -- read once and referred to the Commit-
  tee on Children and Families

AN ACT to amend the social services law, in relation to providing  child
  care services to families where one parent is attending post secondary
  educational program full-time while the other parent is employed full-
  time

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

  Section 1. Paragraph (a) of subdivision 1 and subdivision 3 of section
410-w of the social services law, as amended by chapter 569 of the  laws
of 2001, are amended to read as follows:
  (a)  families receiving public assistance when such child care assist-
ance is necessary: to enable a parent or caretaker relative to engage in
work, participate in work activities  or  perform  a  community  service
pursuant  to  title  nine-B of article five of this chapter; to enable a
teenage parent to  attend  high  school  or  other  equivalent  training
program;  because  the  parent  or  caretaker  relative is physically or
mentally incapacitated; [or] because family duties away from home neces-
sitate the parent or caretaker relative's absence; OR BECAUSE  A  PARENT
IS  ATTENDING  A  POST SECONDARY EDUCATIONAL PROGRAM FULL-TIME WHILE THE
OTHER PARENT IS EMPLOYED FULL-TIME child  day  care  shall  be  provided
during breaks in activities, for a period of up to two weeks. Such child
day care may be authorized for a period of up to one month if child care
arrangements  shall be lost if not continued, and the program or employ-
ment is scheduled to begin within such period;
  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
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  OR  BECAUSE  A PARENT IS ATTENDING A POST SECONDARY EDUCATIONAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11343-01-9
              

A. 8389                             2

PROGRAM FULL-TIME WHILE THE OTHER PARENT IS EMPLOYED FULL-TIME.    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  eligibil-
ity  for  public assistance has terminated or ended when such child care
is necessary in order to enable the  parent  or  caretaker  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 2. This act shall take effect immediately.