The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    982
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Children and Families
 
 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

 A. 982                              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.