senate Bill S5743

2013-2014 Legislative Session

Provides for the local social services district to notify the office of children and family services when there is a change in the eligibility level

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Sponsored By

Archive: Last Bill Status Via A3498 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 24, 2013 tabled
Oct 23, 2013 vetoed memo.236
Oct 11, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.1566
substituted for s5743
Jun 20, 2013 substituted by a3498a
ordered to third reading cal.1566
Jun 11, 2013 referred to rules

Votes

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Co-Sponsors

S5743 - Bill Details

See Assembly Version of this Bill:
A3498A
Law Section:
Social Services Law
Laws Affected:
Amd ยง34-a, Soc Serv L

S5743 - Bill Texts

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Provides for the local social services district to notify the office of children and family services when there is a proposed change in the financial eligibility level.

view sponsor memo
BILL NUMBER:S5743

TITLE OF BILL: An act to amend the social services law, in relation
to notice requirements to families and providers when funding cuts are
made

PURPOSE OF BILL:

To afford families the time necessary to plan should they experience a
disruption in child care services due to a reduction in financial
eligibility in relation to child care subsidies.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision to section 34-a of the social
services law, which requires a county social services district to
notify the office of children and family services GO days prior to a
proposed reduction in the financial eligibility level for childcare
assistance or an increase in the parental co-payment. The office would
be required to post a notice on their website within 5 days, and must
send notice to child care providers, the applicable child care
resource and referral agency and the certified employee organization
representing said child care providers within 20 days. Child care
providers, including the certified employee organization representing
the providers, are required to post such notice.

Section 2 of the bill establishes the effective date.

JUSTIFICATION:

In February 2010, with only 10 days notice, the families of 1500
children in Erie County were notified that their child care subsidies
would be terminated because the county was lowering its eligibility
levels from 200% to 1253 of the poverty level. This short notice left
many families in a compromised situation and required some to leave
their jobs and others to remove their children from safe, secure and
quality child care with little to no time to arrange satisfactory
alternatives. These families experienced undue hardship as a result of
this inadequate notice timeframe.

State regulations require that an individual be given 10 days notice
of a reduction or discontinuance of social services benefits. That
notice provision makes sense if the adverse action is caused by a
change in the individual's income or resources. However, it does not
make sense when a county adjusts their child care eligibility levels
or its co-payment structure.

This bill would require that counties notify the Office of Children
and Family Services (0CFS) when the social services district plans to
lower eligibility levels or lower its co-payment structure. OCFS would
in turn notify all of the providers that it regulates, including
legally-exempt caregivers, the state child care resource and referral
agency and the applicable local child care resource and referral
agency, as well as the certified employee organization representing
child care providers, that it is proposing to make such an adjustment.
This notice will provide families the time needed to make alternative
plans.


PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Minimal

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall become a law.

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

                                  5743

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 11, 2013
                               ___________

Introduced  by  Sens.  GRISANTI,  MONTGOMERY  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

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 SIXTY
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 FIVE DAYS OF  RECEIV-
ING  SAID  NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING SAID NOTICE SHALL
NOTIFY ALL LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD CARE  PROVIDERS
IN  THE  AFFECTED  DISTRICT,  THE STATE CHILD CARE RESOURCE AND REFERRAL
AGENCY, THE LOCAL CHILD CARE RESOURCE AND REFERRAL AGENCY,  AS  WELL  AS
ALL  CERTIFIED  EMPLOYEE ORGANIZATIONS REPRESENTING LICENSED, REGISTERED
AND LEGALLY-EXEMPT CHILD CARE PROVIDERS IN THE AFFECTED  DISTRICT.  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  AND  THAT  CERTIFIED  EMPLOYEE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11040-03-3

S. 5743                             2

ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD
CARE  PROVIDERS  IN THE AFFECTED DISTRICT POST THE NOTICE ON THEIR OFFI-
CIAL WEBSITE.  THIS NOTICE SHALL NOT BE CONSIDERED AS A  SUBSTITUTE  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-
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 SIXTY 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
FIVE  DAYS OF RECEIVING SAID NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING
SAID NOTICE SHALL NOTIFY ALL  LICENSED,  REGISTERED  AND  LEGALLY-EXEMPT
CHILD  CARE  PROVIDERS  IN  THE  AFFECTED DISTRICT, THE STATE CHILD CARE
RESOURCE AND REFERRAL AGENCY, THE LOCAL CHILD CARE RESOURCE AND REFERRAL
AGENCY, AS WELL AS ALL  CERTIFIED  EMPLOYEE  ORGANIZATIONS  REPRESENTING
LICENSED,  REGISTERED  AND  LEGALLY-EXEMPT  CHILD  CARE PROVIDERS IN THE
AFFECTED DISTRICT.  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 AND THAT CERTI-
FIED EMPLOYEE ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGAL-
LY-EXEMPT CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT POST THE  NOTICE
ON  THEIR  OFFICIAL  WEBSITE.   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.

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