S T A T E O F N E W Y O R K
________________________________________________________________________
5220
2019-2020 Regular Sessions
I N A S S E M B L Y
February 7, 2019
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Introduced by M. of A. TITUS, LUPARDO, MOSLEY, BRONSON, WALKER, OTIS,
BARRON -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, DAVILA, FAHY,
JAFFEE, LAVINE, PERRY, SOLAGES, STECK -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to the twelve month
work exemption for certain parents or relatives providing child care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 410-x of the social services law,
as amended by chapter 416 of the laws of 2000, is amended to read as
follows:
2. (a) A social services district may establish priorities for the
families which will be eligible to receive funding; provided that the
priorities provide that eligible families will receive equitable access
to child care assistance funds to the extent that these funds are avail-
able.
(b) A social services district shall set forth its priorities for
child care assistance in the district's consolidated services plan. The
commissioner of the office of children and family services shall not
approve any plan that does not provide for equitable access to child
care assistance funds.
(c) A social services district shall be authorized to set aside
portions of its block grant allocation to serve one or more of its
priority groups and/or to discontinue funding to families with lower
priorities in order to serve families with higher priorities; provided
that the method of disbursement to priority groups provides that eligi-
ble families within a priority group will receive equitable access to
child care assistance funds to the extent that these funds are avail-
able.
(d) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER IN ANY SOCIAL SERVICES DISTRICT THAT DOES NOT HAVE SUFFI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07705-01-9
A. 5220 2
CIENT FUNDING TO SERVE ALL ELIGIBLE WORKING FAMILIES UNDER TWO HUNDRED
PERCENT OF THE STATE INCOME STANDARD, SHALL OFFER THE TWELVE MONTH WORK
EXEMPTION PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE
HUNDRED THIRTY-TWO OF THIS CHAPTER, TO ALL PARENTS OR OTHER RELATIVES IN
RECEIPT OF PUBLIC ASSISTANCE WHO ARE PERSONALLY PROVIDING CARE FOR A
CHILD UNDER ONE YEAR OF AGE REGARDLESS OF WHETHER SUCH PARENT OR OTHER
RELATIVE HAS PREVIOUSLY BEEN OFFERED AN EXEMPTION UNDER SUCH SECTION
THREE HUNDRED THIRTY-TWO. THIS SECTION SHALL NOT APPLY TO INDIVIDUALS
WHO:
(I) SOLELY PARTICIPATE IN WORK ACTIVITIES THAT PROVIDE EARNED INCOME;
OR
(II) PARTICIPATE IN A COMBINATION OF WORK ACTIVITIES; FOR THE PORTION
OF WORK ACTIVITIES THAT PROVIDE EARNED INCOME.
(E) IN THE EVENT THAT A SOCIAL SERVICES DISTRICT MUST DISCONTINUE
FUNDING TO A PRIORITY GROUP IT SHALL NOTIFY THE OFFICE OF CHILDREN AND
FAMILY SERVICES WITHIN TEN DAYS OF SUCH ACTION, IDENTIFYING THE PARTIC-
ULAR GROUP AFFECTED. IN THE EVENT THAT FUNDING IS RESTORED, THE SOCIAL
SERVICES DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY
SERVICES WITHIN TEN DAYS OF SUCH RESTORATION.
(F) Each social services district shall collect and submit to the
commissioner of the office of children and family services in a manner
to be specified by the commissioner of the office of children and family
services information concerning the disbursement of child care assist-
ance funds showing geographic distribution of children receiving assist-
ance within the district, THE NUMBER OF WORKING FAMILIES WHO WERE OTHER-
WISE ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE
DISTRICT LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES AND
THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT.
[(e)] (G) The commissioner of the office of children and family
services shall submit a report to the governor, temporary president of
the senate and the speaker of the assembly on or before August thirty-
first[, two thousand one] OF EVERY YEAR concerning the implementation of
this section. This report shall include information concerning the
disbursement of child care assistance funds showing geographic distrib-
ution of children receiving assistance within the state. BEGINNING
AUGUST THIRTY-FIRST, ONE YEAR AFTER THE CHAPTER OF THE LAWS OF TWO THOU-
SAND NINETEEN THAT AMENDED THIS SUBDIVISION SHALL TAKE EFFECT, AND EACH
SUBSEQUENT REPORT THEREAFTER, SUCH REPORT SHALL ALSO:
(I) IDENTIFY THE COUNTIES THAT HAVE DISCONTINUED OR RESTORED FUNDING
TO PRIORITY GROUPS, AS SET FORTH IN SUBDIVISION (E) OF THIS SECTION;
(II) LIST THE PRIORITY GROUPS AFFECTED;
(III) PROVIDE FOR EACH COUNTY FOR EACH OF THE TWELVE MONTHS COVERED BY
THIS REPORT THE NUMBER OF WORKING FAMILIES WHO WERE OTHERWISE ELIGIBLE
FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE DISTRICT
LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES; AND
(IV) THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A
RESULT.
§ 2. This act shall take effect immediately.