S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7661
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to amend the social services law, in relation to providing that
   public welfare officials shall not be  required  to  limit  authorized
   child  care  services  strictly based on the work, training, or educa-
   tional schedule of the parents and making technical changes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 and paragraph (b) of subdivision 3 of section
 410 of the social services law, subdivision 1 as added by chapter 395 of
 the  laws of 1965 and paragraph (b) of subdivision 3 as amended by chap-
 ter 875 of the laws of 1986, are amended to read as follows:
   1. A public welfare official of a county, city or town is  authorized,
 provided funds have been made available therefor, to provide day care at
 public  expense  for children residing in his territory who are eligible
 therefor pursuant to provisions of this title. Such care may be provided
 only in cases where it is determined, under criteria established by  the
 [department]  OFFICE  OF  CHILDREN  AND FAMILY SERVICES, that there is a
 need [therefor because of inability of the parents to provide  care  and
 supervision  for a substantial part of the day] and that such care is in
 the best interest of the child and parent;  PROVIDED  HOWEVER  THAT  THE
 PUBLIC  WELFARE OFFICIAL SHALL NOT BE REQUIRED TO LIMIT AUTHORIZED CHILD
 CARE SERVICES STRICTLY BASED ON THE WORK, TRAINING, OR EDUCATIONAL SCHE-
 DULE OF THE PARENTS OR THE NUMBER OF HOURS THE PARENTS  SPEND  IN  WORK,
 TRAINING,  OR  EDUCATIONAL  ACTIVITIES.  Where the family is able to pay
 part or all of the costs of such care, payment of such fees  as  may  be
 reasonable in the light of such ability shall be required.
   (b)  Care  under  this title may be provided only in group facilities,
 family homes, group family day care  homes  or  in  a  day  care  center
 project as defined in title five-a which are operated in compliance with
 applicable regulations of the [department] OFFICE OF CHILDREN AND FAMILY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11566-02-1

 A. 7661                             2
 
 SERVICES.  A group facility shall include a public school which provides
 day care pursuant to this subdivision.
   §  2.  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
 on or before such date.