Senate Bill S2091

                                 BILL NUMBER:  S2091

 TITLE OF BILL :
An act to amend the social services law, in relation to eligibility
requirements for child care assistance


 PURPOSE OR GENERAL IDEA OF BILL :
To reduce barriers to accessing child care for low-income families.

 SUMMARY OF SPECIFIC PROVISIONS :
This legislation would amend §410-w of the Social Services Law by
adding a new subdivision six.

 JUSTIFICATION :
Current regulation requires parents seeking child care subsidies to
first obtain a court order for child support. No statutory authority
exists permitting a regulation of this kind.  In addition, this
requirement has had a devastating impact on the ability of low-income
families to access crucial child care necessary to maintain employment
and preserve financial security.  According to a survey conducted by
the Welfare Reform Network Child Care Committee of 86 ACS centers in
Brooklyn and the Bronx, three out of four center directors said that
the child support requirement had resulted in the loss of
single-parent applications. The child support requirement presents an
enormous burden to parents having already established voluntary child
              

support arrangements with the non-custodial parent by placing an
unnecessary strain on that relationship. For parents not currently
receiving child support, a variety of conflicting and even dangerous
circumstances may exist that make contact with the non-custodial
parent undesirable.  Non-custodial immigrant parents with outstanding
immigration status issues may also face a threat of deportation if
they become involved in Family Court proceedings. The process
necessary to obtain a court order for child support can be stressful
for families already struggling with issues including employment,
housing, transportation and food security. Many times, these parents
cannot afford to miss a day of work to go to court and many give up on
child care assistance as soon as they learn of the requirement. These
families may turn to unregulated day care with questionable quality
and safety access to child care is vital to uplift families from
financial uncertainty and provide crucial early learning skills and
promote positive development for children. As day care providers
struggle with under-enrollment, more and more families are turning
away from quality care due to the unnecessary strains of current
regulation.  Easing the process for these parents will produce a
benefit to the parent, child, provider and the community.

 PRIOR LEGISLATIVE HISTORY :
2008: Passed the Assembly; New introduction in the Senate.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.