NY State Senate Bill 2023-S4522

Senate Bill S4522

2023-2024 Legislative Session

Provides that the state shall make reasonable efforts to obtain federal funding for child care expenses and prohibits limiting authorized child care services based on proof of immigration status

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Current Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to children and families
Feb 09, 2023	referred to children and families

co-Sponsors

2023-S4522 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§410 & 410-w, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S8962

2023-S4522 (ACTIVE) - Summary

Provides that the state shall make reasonable efforts to obtain federal funding for child care expenses; prohibits limiting authorized child care services based on proof of immigration status; authorizes self-attestation as an approved form of verification of employment status and income.

2023-S4522 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4522

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the social services law, in relation to removing unnec-
essary barriers to child care subsidies for eligible children and fami-
lies

 
SUMMARY OF PROVISIONS:

Section one amends subdivision one of section 410 of the social services
law, so that public welfare officials shall not limit authorized child
care services based on proof of immigration status.

Section two provides that self-attestation forms for parents shall be
accepted forms of verification of employment status and income.

 
JUSTIFICATION:

Even though child care is education, and the 1982 United States Supreme
Court decision of Plyler v. Doe ruled that it is illegal to deny undocu-

mented children a K-12 education, discrimination in the provision of
child care continues to this day. This bill will clarify that proof of
immigration status is not required for the receipt of child care subsi-
dies.

Burdensome documentation, not required under federal law, to establish
income eligibility has also impeded access to child care, especially for
parents who work in the "gig economy" or are otherwise unable to provide
the required documentation to verify their work status or income level.
This bill will also expand access for those entitled to subsidies by
permitting self-attestation of income eligibility and work, status.

These barriers to access have significantly contributed to New York's
low utilization rates for child care. Increasing the utilization of
subsidies will help stabilize the child care industry by delivering more
funds to providers to keep their doors open, and to workers in the form
of higher wages. Ultimately removing barriers will contribute to the
revitalization of the economy by ensuring adults with families are able
to remain the workforce.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S8962

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4522 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4522
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by Sens. BRISPORT, CLEARE -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Children  and
   Families
 
 AN  ACT to amend the social services law, in relation to removing unnec-
   essary barriers to child care  subsidies  for  eligible  children  and
   families

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 410 of the social services law, as
 amended by chapter 694 of the laws  of  2022,  is  amended  to  read  as
 follows:
   1. A public welfare official of a county, city or town [is authorized]
 SHALL,  provided  funds have been made available therefor[, to] AND WITH
 THE STATE MAKING ALL REASONABLE EFFORTS TO OBTAIN  FEDERAL  FUNDING  AND
 SUPPLEMENTING  SUCH  FUNDING  WITH ADDITIONAL STATE FUNDING, provide day
 care at public expense for children residing in his OR HER territory who
 are eligible therefor pursuant to provisions of this  title.  Such  care
 [may]  SHALL  be  provided [only in cases where it is determined,] under
 criteria established by the office of  children  and  family  services[,
 that  there  is a need 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 schedule of the  parents  or
 the  number of hours the parents spend in work, training, or educational
 activities; PROVIDED FURTHER, HOWEVER, THAT THE PUBLIC WELFARE  OFFICIAL
 SHALL  NOT  LIMIT AUTHORIZED CHILD CARE SERVICES BASED ON PROOF OF IMMI-
 GRATION STATUS. 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.
   §  2.  Section 410-w of the social services law is amended by adding a
 new subdivision 11 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07708-01-3

 S. 4522                             2
 
   11. FOR PURPOSES OF DETERMINING EMPLOYMENT STATUS  AND  INCOME,  LOCAL
 SOCIAL  SERVICES DISTRICTS SHALL ACCEPT SELF-ATTESTATION FROM PARENTS OR
 GUARDIANS AS AN APPROVED FORM OF VERIFICATION OF EMPLOYMENT  STATUS  AND
 INCOME.
   §  3.  This act shall take effect immediately; provided, however, that
 if chapter 694 of the laws of 2022 shall not have  taken  effect  on  or
 before  such  date then section one of this act shall take effect on the
 same date and in the same manner as such chapter of the  laws  of  2022,
 takes effect.

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Senate Bill S4522

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Jabari Brisport