The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7582--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2021
                                ___________
 
 Introduced  by  M. of A. HEVESI, THIELE -- read once and referred to the
   Committee on Children and Families -- reported  and  referred  to  the
   Committee  on  Ways  and  Means -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the social services law, in relation  to  certain  fami-
   lies' access to child care assistance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2 and 3 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:
   1.  A  social services district may use the funds allocated to it from
 the block grant to provide child care assistance to:
   (a) families receiving public assistance when such child care  assist-
 ance is necessary: to enable a parent or caretaker relative to engage in
 work,  participate  in  work  activities  or perform a community service
 pursuant to title nine-B of article five of this chapter;  to  enable  a
 teenage  parent  to  attend  high  school  or  other equivalent training
 program; because the parent  or  caretaker  relative  is  physically  or
 mentally incapacitated; or because family duties away from home necessi-
 tate the parent or caretaker relative's absence; child day care shall be
 provided  during  breaks in activities, for a period of up to two weeks.
 Such child day care may be authorized for a period of up to one month if
 child care arrangements shall be lost if not continued, and the  program
 or employment is scheduled to begin within such period;
   (b)  families  with  incomes  up  to [two hundred percent of the state
 income standard] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME who  are
 attempting  through  work activities to transition off of public assist-
 ance 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11458-04-1

 A. 7582--A                          2
 
 income  from  employment or increased income from child support payments
 or the family voluntarily ended assistance; and, provided that the fami-
 ly 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 hundred percent of the state
 income standard] EIGHTY-FIVE PERCENT OF THE STATE  MEDIAN  INCOME  which
 are  determined  in accordance with the regulations of the department to
 be at risk of becoming dependent on family assistance;
   (d) families with incomes up to [two  hundred  percent  of  the  state
 income  standard] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME 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 hundred percent of the
 state income standard] EIGHTY-FIVE PERCENT OF THE  STATE  MEDIAN  INCOME
 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.
   2.  For  the purposes of this title, the term "state [income standard]
 MEDIAN INCOME" [means the most recent federal  income  official  poverty
 line  (as  defined and annually revised by the federal office of manage-
 ment and budget) updated by the department for a family size of four and
 adjusted by the department for family size] SHALL MEAN THE  MOST  RECENT
 STATE  MEDIAN INCOME AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU FOR
 A FAMILY OF THE SAME SIZE AS THE FAMILY APPLYING FOR CHILD CARE  ASSIST-
 ANCE.
   3. A social services district shall guarantee child care assistance to
 families  in  receipt  of public assistance with children under thirteen
 years of age when such child care assistance is necessary for  a  parent
 or  caretaker  relative  to engage in work or participate in work activ-
 ities pursuant to the provisions of title nine-B of article five of this
 chapter. Child care assistance shall continue to be guaranteed for  such
 a  family  for  a  period  of twelve months after the month in which the
 family's eligibility for public assistance has terminated or ended  when
 such  child care is necessary in order to enable the parent or caretaker
 relative to engage in work, provided that the family's public assistance
 has been terminated as a result of an increase in the hours of or income
 from employment or increased  income  from  child  support  payments  or
 because  the  family  voluntarily  ended  assistance;  that  the  family
 received public assistance in 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; and that the family's income does  not
 exceed two hundred percent of the [state income standard] FEDERAL POVER-
 TY LEVEL. Such child day care shall recognize the need for continuity of
 care  for the child and a district shall not move a child from an exist-
 ing provider unless the participant consents to such move.
   § 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 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

 A. 7582--A                          3
 
 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 consumer
 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  including but not limited to: increasing the number of
 child care placements for persons who are  at  or  below  [two  hundred]
 EIGHTY-FIVE  percent of the state MEDIAN income [standard] with emphasis
 on placements supporting local efforts in meeting federal and state work
 participation  requirements,  increasing  technical  assistance  to  all
 modalities  of  legal  child  care  to  persons who are at or below [two
 hundred] EIGHTY-FIVE percent of  the  state  MEDIAN  income  [standard],
 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 hundred]
 EIGHTY-FIVE percent of the state MEDIAN income [standard].  The  depart-
 ment  shall  have  the  authority  to withhold funds from those agencies
 which do not meet performance standards. Agencies whose funds are  with-
 held  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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed  by  the  commissioner  of  the  office of children and family
 services on or before such effective date.