The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    812
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law, in relation to determination of
   eligibility for child care assistance benefits; and to amend a chapter
   of the laws of 2022 amending the social services law relating  to  the
   duration  of  child care assistance for eligible families, as proposed
   in legislative bills numbers S. 9029-A and A. 10209-A, in relation  to
   the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 410-w of the social services  law,
 as  amended  by  section 2 of a chapter of the laws of 2022 amending the
 social services law relating to the duration of  child  care  assistance
 for  eligible  families,  as  proposed  in  legislative bills numbers S.
 9029-A and A. 10209-A, is amended to read as follows:
   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 or, UPON APPROVAL BY THE  OFFICE,
 may  be provided by a social [service] SERVICES district for a period up
 to twenty-four 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  termi-
 nated  as a result of an increase in the hours of or income from employ-
 ment 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04038-01-3

 S. 812                              2
 
 which  eligibility  for  such assistance terminated or ended or provided
 that such family has received child care  assistance  under  subdivision
 four  of  this  section;  that  the  family's income does not exceed two
 hundred  percent  of the state income standard, or three hundred percent
 of the state income standard effective August first, two thousand  twen-
 ty-two;  and  that the family income does not exceed eighty-five percent
 of the state median income. 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 existing provider unless the participant consents to such
 move.
   § 2. Subdivision 5 of section 410-w of the  social  services  law,  as
 amended  by  a  chapter of the laws of 2022 amending the social services
 law relating to the duration of child care assistance for eligible fami-
 lies, as proposed in legislative bills numbers S. 9029-A and A. 10209-A,
 is amended to read as follows:
   5. [a.] (A) A family eligible for child care  assistance  pursuant  to
 subdivision  one  of  this  section, unless such family voluntarily ends
 such assistance, shall be deemed eligible for a period of no  less  than
 twelve  months  from  the date of the eligibility determination for such
 assistance [and a], PROVIDED THE FAMILY INCOME DOES NOT  EXCEED  EIGHTY-
 FIVE  PERCENT OF THE STATE MEDIAN INCOME. A social services district may
 [elect to] extend this period TO up to twenty-four months, PROVIDED  THE
 FAMILY  INCOME  DOES  NOT EXCEED EIGHTY-FIVE PERCENT OF THE STATE MEDIAN
 INCOME.
   (b) A family eligible for child care assistance under paragraph (a) of
 subdivision one of this section shall suffer  no  break  in  child  care
 services  and  shall  not  be required to reapply for such assistance so
 long as eligibility under subdivision three of this section continues.
   § 3. Section 4 of a chapter of the laws of 2022  amending  the  social
 services  law  relating  to  the  duration  of child care assistance for
 eligible families, as proposed in legislative bills  numbers  S.  9029-A
 and A. 10209-A, is amended to read as follows:
   §  4. This act shall take effect [immediately; provided, however, that
 if section 2 of part L of chapter 56 of the laws of 2022 shall not  have
 taken  effect on or before such date, then section two of this act shall
 take effect on the same date and in the same manner as chapter 56 of the
 laws of 2022 takes effect] ON THE NINETIETH  DAY  AFTER  IT  SHALL  HAVE
 BECOME  A LAW.  EFFECTIVE IMMEDIATELY, THE OFFICE OF CHILDREN AND FAMILY
 SERVICES MAY MAKE ANY RULES AND  REGULATIONS  AS  MAY  BE  NECESSARY  TO
 IMPLEMENT THE PROVISIONS OF THIS ACT ON OR BEFORE THE EFFECTIVE DATE.
   §  4.  This  act shall take effect immediately; provided that sections
 one and two of this act shall take effect on the same date  and  in  the
 same  manner  as  a  chapter  of  the  laws  of 2022 amending the social
 services law relating to the  duration  of  child  care  assistance  for
 eligible  families,  as  proposed in legislative bills numbers S. 9029-A
 and A.  10209-A, takes effect.