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
                                ___________
 
 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.