senate Bill S6331

2013-2014 Legislative Session

Increases appropriations for child care payments to localities under the child care block grant program

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Archive: Last Bill Status - In Committee


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

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Senate Actions - UPPERCASE
Jan 14, 2014 referred to children and families

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S6331 - Bill Details

Current Committee:
Senate Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd §1, Chap 53 of 2013; amd §§410-u, 410-w & 410-x, Soc Serv L

S6331 - Bill Texts

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Increases appropriations for child care payments to localities under the child care block grant program; grants eligibility for state subsidized child care to those under 400% of the poverty level.

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BILL NUMBER:S6331

TITLE OF BILL: An act to amend chapter 53 of the laws of 2013,
enacting the aid to localities budget, in relation to increasing
appropriations to the office of children and family services for the
child care program and facilitated enrollment in child care; and to
amend the social services law, in relation to eligibility for child
care block grants to eligible families

PURPOSE OR GENERAL IDEA OF BILL:

This bill will add $182 million into the NYS Child Care Block Grant as
follows: $82 million to restore cuts to child care general subsidies
with $28.5 million of that going to NYC subsidies; and $100 million to
expand the Facilitated Enrollment subsidy program.

Additionally, this bill expands eligibility in the Facilitated
Enrollment program to families up to 400% of Federal Poverty Level.
It also caps the family contribution to the child care cost at 10% of
the family's household income.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends appropriation language to add $82 million to the
state child care block grant for subsidies, plus another $100 million
to the block grant for facilitated enrollment programs.

Sections 2-3 amend social services law to expand eligibility from 200%
or 275% (depending on program) to 400% of the federal poverty level.

Section 4 amends social services law to place a cap on family copays
of 10% of household income.

JUSTIFICATION:

Out of all the states in the Union, New York tops the list of
least-affordable child day care centers for school-aged children, and
has the dubious honor of being second place behind Oregon for
least-affordable care rates for infants and preschoolers. Child care
affordability has made for too many sleepless nights for both
low-income and middle-class working parents, who are already spreading
their dollars thin on rising housing, fuel, and food costs.

The New York State Child Care Block Grant (CCBG) provides some support
for parents who need child care so they can go to work or school,
including subsidies that pay child care providers for a large part of
their fees. Unfortunately, the block grant has never been able to meet
the need, and worse, has been shrinking over the years.

In 2012, there were 836,469 children in New York State under the age
of 6 with working parents, and only about 21,400 licensed day cares
serving children up to age 12. Overall, 690,000 children were cared
for by these providers across the state, but only about one-third
(234,000) of them received subsidies. In New York City alone,
approximately 40,000 families are on waiting lists for subsidies..
Demand is high and costs are soaring right up along with it.
Restoring the general subsidies in the NYS Child Care Block Grant to


their 2010-11 levels would cost the State about $82 million and open
about 13,000 new child care slots statewide.

Additionally, the expansion of child care subsidies would have a
positive rate of return on the economy. In the short term, more
parents would be able to afford to return to work. Employee
absenteeism due to child care issues costs U.S. business $3 billion
every year. As more parents can afford to return to work, that time on
the job translates into seniority, increased job skill, and higher
earnings.

Children would benefit greatly from expanded subsidies, too. Many of
these state and city-funded facilities include an early learning
component. Early learning can lead to increased earnings, higher
education, improved physical and mental wellbeing for the child, and
ultimately public expenditure savings and increased tax revenues
justifying the initial investment of public funds into child care
subsidies. Economists estimate the rate of return for high-quality
early intervention child care for low-income families to be about
6-10% per year.

This bill also includes a $100 million expansion of the Facilitated
Enrollment subsidy within the NYS Child Care Block Grant, opening the
doors to about 14,285 more children in the program. The Facilitated
Enrollment Program provides a unique model that combines subsidy
administration with parent education and information. Since the
project's inception, close to 3,900 families and over 6,400 children
have been served through the pilot sites.

It is currently funded at $7.3 million for families who are up to 275%
of the Federal Poverty Level (FPL), which is a $64,763 household
income for a family of four, but - as recognized in the NYS Child
Health Plus program - families up to 400% of FPL ($94,200/family of 4)
are struggling to make ends meet and also need help.

Additionally, counties are authorized to charge families a copay for
child care services of 10-35% of the families' income above the
poverty line. Too often, the 35% copay for families with incomes at
250% FPL and above is more than the cost of child care, so even with
additional program funds, too many of those families are turned away.

New York must not only restore the $82 million in child care subsidies
that have been cut these last few years, but must find a way to bring
more families into the realm of affordable child care.. The highly
successful Facilitated Enrollment Program has proven its efficiency
and effectiveness to become a permanent statewide program.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

$182 million to the State.

EFFECTIVE DATE:


This act shall take effect immediately, except that section one is
retroactive to April 1, 2013 and sections 2, 3, and 4 will take effect
January 1 after it is signed into law.

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

                                  6331

                            I N  S E N A T E

                            January 14, 2014
                               ___________

Introduced  by  Sens. SAVINO, KLEIN, VALESKY, CARLUCCI -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Children and Families

AN  ACT  to  amend  chapter  53 of the laws of 2013, enacting the aid to
  localities budget, in relation to  increasing  appropriations  to  the
  office  of children and family services for the child care program and
  facilitated enrollment in child care; and to amend the social services
  law, in relation to eligibility for child care block grants to  eligi-
  ble families

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

  Section 1. Section 1 of chapter 53 of the laws of 2013,  enacting  the
aid  to localities budget, is amended by repealing the items hereinbelow
set forth in brackets and by adding to  such  section  the  other  items
underscored in this section:
                     DEPARTMENT OF FAMILY ASSISTANCE
                 OFFICE OF CHILDREN AND FAMILY SERVICES
                       AID TO LOCALITIES  2013-14

For payment according to the following schedule:

                                        APPROPRIATIONS  REAPPROPRIATIONS

  General Fund ....................... [1,860,746,250]       511,588,149
                                        2,042,746,250
  Special Revenue Funds - Federal ....  1,347,215,000      2,489,591,000
  Special Revenue Funds - Other ......     18,802,000         13,075,000
                                      ----------------  ----------------
    All Funds ........................ [3,226,763,250]     3,012,023,149
                                        3,408,763,250
                                      ================  ================

CHILD CARE PROGRAM ......................... [470,240,700]   652,240,700
                                            --------------

  General Fund
  Local Assistance Account

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13222-03-4

S. 6331                             2

The  money  hereby  appropriated  is  to  be
  available for payment of state aid hereto-
  fore accrued or  hereafter  to  accrue  to
  municipalities. Subject to the approval of
  the  director  of  the  budget,  the money
  hereby appropriated shall be available  to
  the  office net of disallowances, refunds,
  reimbursements and credits.
Notwithstanding any  inconsistent  provision
  of  law, in lieu of payments authorized by
  the social services law,  or  payments  of
  federal  funds  otherwise due to the local
  social  services  districts  for  programs
  provided under the federal social security
  act  or  the federal food stamp act, funds
  herein appropriated, in amounts  certified
  by  the  state  commissioner  or the state
  commissioner of health as due  from  local
  social  services  districts  each month as
  their share of payments made  pursuant  to
  section  367-b  of the social services law
  may be set aside by the state  comptroller
  in  an  interest-bearing account with such
  interest accruing to  the  credit  of  the
  locality  in  order  to ensure the orderly
  and  prompt  payment  of  providers  under
  section  367-b  of the social services law
  pursuant to an estimate  provided  by  the
  commissioner   of  health  of  each  local
  social  services   district's   share   of
  payments made pursuant to section 367-b of
  the social services law.
Notwithstanding  any  inconsistent provision
  of law, the amount herein appropriated may
  be transferred to any other  appropriation
  within  the  office of children and family
  services and/or the  office  of  temporary
  and  disability assistance and/or suballo-
  cated to the office of temporary and disa-
  bility  assistance  for  the  purpose   of
  paying  local  social  services districts'
  costs of the  above  program  and  may  be
  increased or decreased by interchange with
  any  other appropriation or with any other
  item or items within the amounts appropri-
  ated within the  office  of  children  and
  family   services  general  fund  -  local
  assistance account with  the  approval  of
  the  director of the budget who shall file
  such approval with the department of audit
  and control and copies  thereof  with  the
  chairman  of  the senate finance committee
  and the chairman of the assembly ways  and
  means committee.
Notwithstanding  any other provision of law,
  the money hereby appropriated, in combina-

S. 6331                             3

  tion with the money appropriated in feder-
  al block grant, federal day care  account,
  including  any funds transferred or subal-
  located  by  the  office  of temporary and
  disability  assistance   special   revenue
  funds - federal / aid to localities feder-
  al  health and human services fund federal
  temporary  assistance  to  needy  families
  block  grant funds at the request of local
  social  services   districts   and,   upon
  approval  of  the  director of the budget,
  transfer of federal  temporary  assistance
  for  needy families block grant funds made
  available from the New York works  compli-
  ance  fund  program  or  otherwise specif-
  ically   appropriated   therefor,    shall
  constitute the state block grant for child
  care.  The money hereby appropriated is to
  be available to social services  districts
  for  child  care  assistance  pursuant  to
  title 5-C  of  article  6  of  the  social
  services  law  and  shall  be  apportioned
  among the social services districts by the
  office according  to  an  allocation  plan
  developed  by  the office and submitted to
  the director of the  budget  for  approval
  within 60 days of enactment of the budget.
  A   district's   block  grant  allocation,
  including any funds the office  of  tempo-
  rary  and  disability assistance transfers
  from a district's flexible fund for family
  services allocation  to  the  state  block
  grant  for  child  care  at the district's
  request, for a particular  federal  fiscal
  year  is  available  only  for  child care
  assistance expenditures made  during  that
  federal  fiscal year and which are claimed
  by  March  31  of  the  year   immediately
  following  the  end of that federal fiscal
  year. Notwithstanding any other  provision
  of  law, any claims for child care assist-
  ance made by a  social  services  district
  for  expenditures made during a particular
  federal fiscal  year,  other  than  claims
  made  under title XX of the federal social
  security act  and  under  the  food  stamp
  employment  and training program, shall be
  counted  against   the   social   services
  district's block grant allocation for that
  federal fiscal year.
A  social services district shall expend its
  allocation from the block grant in accord-
  ance with  the  applicable  provisions  in
  federal  law  and  regulations relating to
  the federal funds included  in  the  state
  block  grant  for child care and the regu-

S. 6331                             4

  lations of  the  office  of  children  and
  family services. Notwithstanding any other
  provision  of  law, each district's claims
  submitted  under the state block grant for
  child care will be processed in  a  manner
  that maximizes the availability of federal
  funds  and ensures that the district meets
  its maintenance of effort  requirement  in
  each applicable federal fiscal year ......
  .............................. 158,397,700
For  additional  services  and  expenses  of
  child care assistance programs ...........
  ................................ 1,000,000
FOR ADDITIONAL EXPENSES OF THE  STATE  CHILD
  CARE   BLOCK   GRANT   PROGRAM,  INCLUDING
  $28,500,000  FOR  THE  EXPENSES  OF   SUCH
  PROGRAM IN THE CITY OF NEW YORK ..........
  ............................. $ 82,000,000
FOR  THE  EXPENSES  OF EXPANDING THE FACILI-
  TATED ENROLLMENT OF ELIGIBLE  FAMILIES  IN
  THE CHILD CARE BLOCK GRANT PROGRAM .......
  ............................ $ 100,000,000
For  services  and  expenses  of  child care
  services provided to children  of  migrant
  workers in programs operated by non-profit
  organizations   under  contract  with  the
  department of agriculture and  markets  to
  provide  such care. The funds appropriated
  herein may be suballocated to the  depart-
  ment of agriculture and markets ..........
  ................................ 1,754,000
                              --------------
    Program account subtotal ...............
      ........................ [161,151,700]   343,151,700
                              --------------

  S  2.  Subdivision  2  of section 410-u of the social services law, as
added by section 52 of part B of chapter 436 of the  laws  of  1997,  is
amended to read as follows:
  2.  The  state  block  grant  for child care shall be divided into two
parts pursuant to a  plan  developed  by  the  [department]  OFFICE  and
approved  by the  director of the budget.  One part shall be retained by
the state to  provide child care on a statewide basis to special  groups
and for  activities to increase the availability and/or quality of child
care    programs,  including,  but not limited to, the start-up of child
care   programs, the operation  of  child  care  resource  and  referral
programs,  training  activities,  the regulation and monitoring of child
care programs, the development of computerized data systems, and consum-
er education, provided however, that child care  resource  and  referral
programs  funded under title five-B of article six of this chapter shall
meet additional performance standards developed by  the  [department  of
social  services]  OFFICE  OF CHILDREN AND FAMILY SERVICES including but
not limited to: increasing the  number  of  child  care  placements  for
persons  who  are  at  or  below [two] FOUR hundred percent of the state
income standard with emphasis on placements supporting local efforts  in
meeting  federal  and  state work participation requirements, increasing

S. 6331                             5

technical assistance to all modalities of legal child  care  to  persons
who are at or below [two] FOUR hundred percent of the state income stan-
dard, including the provision of training to assist providers in meeting
child  care standards or regulatory requirements, and creating new child
care opportunities, and assisting social services districts in assessing
and responding to child care needs for persons at or  below  [two]  FOUR
hundred  percent  of  the state income standard. The [department] OFFICE
shall have the authority to withhold funds from those agencies which  do
not  meet  performance  standards. Agencies whose funds are withheld may
have funds restored upon achieving performance  standards.    The  other
part  shall  be allocated to social services  districts to provide child
care assistance to families receiving family   assistance and  to  other
low income families.
  S  3.  Paragraphs  (b),  (c),  (d) and (e) of subdivision 1 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:
  (b)  families  with  incomes  up  to [two] FOUR hundred percent of the
state income standard who are  attempting  through  work  activities  to
transition off of public assistance when such child care is necessary in
order  to  enable  a  parent  or  caretaker  relative  to engage in work
provided such families' public  assistance  has  been  terminated  as  a
result  of  increased  hours  of  or income from employment or increased
income from child support  payments  or  the  family  voluntarily  ended
assistance;  and, provided that the family received public assistance 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;
  (c)  families  with  incomes  up  to [two] FOUR hundred percent of the
state income standard which are determined in accordance with the  regu-
lations  of  the [department] OFFICE to be at risk of becoming dependent
on family assistance;
  (d) families with incomes up to [two]  FOUR  hundred  percent  of  the
state  income  standard  who  are attending a post secondary educational
program and working at least seventeen and one-half hours per week; and
  (e) other families with incomes up to [two] FOUR  hundred  percent  of
the  state income standard which the social services district designates
in its consolidated services plan as eligible for child care  assistance
in accordance with criteria established by the [department] OFFICE.
  S  4.  Subdivision  6  of section 410-x of the social services law, as
added by section 52 of part B of chapter 436 of the  laws  of  1997,  is
amended to read as follows:
  6.  Pursuant to department regulations, child care assistance shall be
provided on a sliding fee basis based upon the family's ability to  pay.
NO  CO-PAYMENT SHALL BE ASSESSED TO A FAMILY WHOSE INCOME IS AT OR BELOW
THE STATE INCOME STANDARD AS DEFINED IN SUBDIVISION TWO OF SECTION  FOUR
HUNDRED TEN-W OF THIS TITLE. CO-PAYMENTS SHALL NOT EXCEED TEN PERCENT OF
THE HOUSEHOLD INCOME.
  S 5. This act shall take effect immediately, except that:
  (a) section one of this act shall be deemed to have been in full force
and effect on and after April 1, 2013; and
  (b)  sections two, three and four of this act shall take effect on the
first of January next succeeding the date on which it shall have  become
a law.

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