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

                                  5442

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2011
                               ___________

Introduced  by M. of A. V. LOPEZ, BRENNAN, CLARK, JACOBS, LENTOL, ROBIN-
  SON -- 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 and a new subdivi-
sion 1-a is added 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.
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.
  1-A.    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, THE DURATION OF AN EDUCATIONAL DEGREE PROGRAM IN  WHICH
A  PARENT  OR  CARETAKER  WHO WOULD OTHERWISE BE ELIGIBLE FOR ASSISTANCE
PURSUANT TO THIS TITLE IS ENROLLED OR WILL BE ENROLLED SHALL  NOT  BE  A
FACTOR FOR DENYING SUCH PARENT OR CARETAKER RECEIPT OF SUCH ASSISTANCE.
  S  2.  Section 410-w of the social services law is amended by adding a
new subdivision 7 to read as follows:
  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO
THE  CONTRARY,  THE DURATION OF AN EDUCATIONAL DEGREE PROGRAM IN WHICH A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08944-01-1
              

A. 5442                             2

PARENT OR CARETAKER WHO  WOULD  OTHERWISE  BE  ELIGIBLE  FOR  ASSISTANCE
PURSUANT  TO THIS SECTION IS ENROLLED OR WILL BE ENROLLED SHALL NOT BE A
FACTOR FOR DENYING SUCH PARENT OR CARETAKER RECEIPT OF SUCH ASSISTANCE.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become law; provided, however, that effective immediately,
the  addition,  amendment  or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.