Renames the block grant for child care to the early childhood fund and requires the office of children and family services administer such fund
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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 06, 2026 |
referred to children and families |
S T A T E O F N E W Y O R K
________________________________________________________________________
10494
I N A S S E M B L Y
March 6, 2026
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to requiring the
office of children and family services administrate the early child-
hood fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The title heading of title 5-C of article 6 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:
[BLOCK GRANT FOR CHILD CARE] EARLY CHILDHOOD FUND
§ 2. Section 410-u of the social services law, as added by section 52
of part B of chapter 436 of the laws of 1997 and subdivision 2 as
amended by section 1 of part U of chapter 56 of the laws of 2023, is
amended to read as follows:
§ 410-u. Establishment of [block grant for child care] THE EARLY
CHILDHOOD FUND. 1. The [department] OFFICE OF CHILDREN AND FAMILY
SERVICES shall establish [a state block grant] AN EARLY CHILDHOOD FUND
for child care comprised of all of the federal funds appropriated for
child care under title IV-A of the federal social security act and under
the federal child care and development block grant act and any addi-
tional federal funds that the state chooses to transfer from the federal
family assistance to needy families block grant to the child care and
development block grant plus any state funds appropriated for the
provision by social services districts of child care assistance to fami-
lies in receipt of family assistance and other low income families and
for activities to increase the availability and/or quality of child care
programs.
2. The [state block grant] EARLY CHILDHOOD FUND for child care shall
be divided into two parts pursuant to a plan developed by the [depart-
ment] OFFICE and approved by the director of the budget. One part shall
be retained by the state to provide child care on a statewide basis LOW
INCOME FAMILIES AS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14961-01-6 A. 10494 2 TEN-W OF THIS ARTICLE, EXCEPT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE. THIS PART SHALL ALSO BE USED TO PROVIDE CHILD CARE ON A STATE- WIDE BASIS TO special groups and for activities to increase the avail- ability and/or quality of child care programs, including, but not limit- ed 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] OFFICE of [social] CHILDREN AND FAMILY services includ- ing but not limited to: increasing the number of child care placements for persons who are at or below eighty-five percent of the state median income, 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 eighty-five percent of the state median income, including the provision of training to assist providers in meeting child care stand- ards or regulatory requirements, and creating new child care opportu- nities, and assisting social services districts in assessing and responding to child care needs for persons at or below eighty-five percent of the state median income. The [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall have the authority to withhold funds from those agencies which do not meet performance standards. Agencies whose funds are withheld 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 [fami- ly] PUBLIC assistance AND TRANSITIONAL CHILD CARE. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE SECOND PART OF THE FUND SHALL BE USED TO PROVIDE CHILD CARE ASSISTANCE TO FAMILIES RECEIVING PUBLIC ASSISTANCE, TRANSITIONAL CHILD CARE and to other low income families AS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED TEN-W OF THIS ARTI- CLE. 3. Notwithstanding any other provision of law, expenditures of funds from the [block grant] EARLY CHILDHOOD FUND shall be governed by this title. § 3. Section 410-v of the social services law, as added by section 52 of part B of chapter 436 of the laws of 1997 and subdivision 2 as amended by chapter 214 of the laws of 1998, is amended to read as follows: § 410-v. Allocation of [block grant] EARLY CHILDHOOD funds. 1. The part of the [block] FUND that is determined to be available to [social services districts] A CITY WITH A POPULATION OF ONE MILLION OR MORE for child care assistance shall be apportioned [among the social services districts] by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES according to an allocation plan developed by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES and approved by the director of the budget. The allocation plan shall be based, at least in part, on historical costs and on the availability and cost of, and the need for, child care assistance in [each] SUCH social services district. Annual allocations shall be made on a federal fiscal year basis. 2. Reimbursement under the [block grant] EARLY CHILDHOOD FUND to a social services district for its expenditures for child care assistance shall be available for seventy-five percent of the district's expendi- tures for child care assistance provided to those families in receipt of public assistance which are eligible for child care assistance under A. 10494 3 this title [and for one hundred percent of the social services district's expenditures for other eligible families; provided, however, that such reimbursement shall be limited to the social services district's annual state block grant allocation. 3. Any portion of a social services district's block grant allocation for a particular federal fiscal year that is not claimed by such district during that federal fiscal year shall be added to that social services district's block grant allocation for the next federal fiscal year. 4. Any claims for child care assistance made by a social services district for services that occurred from October first, nineteen hundred ninety-six through September thirtieth, nineteen hundred ninety-seven, other than claims made under title XX of the federal social security act, shall be counted against the social services district's first block grant allocation]. § 4. Section 410-w of the social services law, as amended by chapter 569 of the laws of 2001, subdivisions 1 and 3 as amended by section 2 of part U of chapter 56 of the laws of 2023, subdivision 3-a as amended by chapter 5 of the laws of 2025, paragraph (a) of subdivision 4 as amended by chapter 135 of the laws of 2007, subdivision 5 as amended by chapter 70 of the laws of 2023, subdivision 6 as added by chapter 233 of the laws of 2009, subdivision 7 as added by section 1 of part R of chapter 56 of the laws of 2014, subdivision 8 as amended by section 6 of part U of chapter 56 of the laws of 2023, subdivision 9 as added by chapter 344 of the laws of 2019 and subdivision 10 as amended by section 8 of part U of chapter 56 of the laws of 2023, is amended to read as follows: § 410-w. Eligible families. 1. (A) A social services district [may] SHALL use the funds allocated to it from the [block grant] EARLY CHILD- HOOD FUND 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. Such child day care shall be authorized for the period designated by the regulations of the [depart- ment;] OFFICE OF CHILDREN AND FAMILY SERVICES. (B) 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 SERVICES DISTRICT FOR A PERIOD UP TO TWEN- TY-FOUR MONTHS, AFTER THE MONTH IN WHICH THE FAMILY'S ELIGIBILITY FOR PUBLIC ASSISTANCE HAS TERMINATED OR ENDED WHEN SUCH CHILD CARE IS NECES- SARY 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 ELIGI- BILITY 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 EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME. A. 10494 4 (C) SUCH FAMILY SHALL SUFFER NO BREAK IN CHILD CARE SERVICES AND SHALL NOT BE REQUIRED TO REAPPLY FOR SUCH ASSISTANCE SO LONG AS ELIGIBILITY UNDER THIS SECTION CONTINUES. (D) 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. (A) LOCAL SOCIAL SERVICES DISTRICTS SHALL GUARANTEE APPLICANTS WHO WOULD OTHERWISE BE ELIGIBLE FOR, OR ARE RECIPIENTS OF, PUBLIC ASSISTANCE BENEFITS AND WHO ARE EMPLOYED, THE OPTION TO CHOOSE TO RECEIVE CONTINU- ING CHILD DAY CARE SUBSIDIES IN LIEU OF PUBLIC ASSISTANCE BENEFITS, FOR SUCH PERIOD OF TIME AS THE RECIPIENT CONTINUES TO BE ELIGIBLE FOR PUBLIC ASSISTANCE. FOR THE PURPOSES OF THIS SUBDIVISION, AN ELIGIBLE APPLICANT FOR, OR RECIPIENT OF, PUBLIC ASSISTANCE BENEFITS AND WHO IS EMPLOYED INCLUDES A PERSON WHOSE GROSS EARNINGS EQUAL, OR ARE GREATER THAN, THE REQUIRED NUMBER OF WORK HOURS TIMES THE STATE MINIMUM WAGE. RECIPIENTS OF CHILD CARE SUBSIDIES UNDER THIS SUBDIVISION WHO ARE NO LONGER ELIGI- BLE FOR PUBLIC ASSISTANCE BENEFITS, SHALL BE ELIGIBLE FOR CHILD CARE DESCRIBED IN SUBDIVISION ONE OF THIS SECTION AS IF THEY HAD BEEN RECIPI- ENTS OF PUBLIC ASSISTANCE. (B) NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE THE RIGHT OF AN APPLI- CANT WHO CHOOSES TO RECEIVE CONTINUING CHILD DAY CARE SUBSIDIES PURSUANT TO THIS SECTION FROM APPLYING FOR ONGOING PUBLIC ASSISTANCE. 3. SOCIAL SERVICES DISTRICTS SHALL BE RESPONSIBLE FOR DETERMINING ELIGIBILITY FOR CHILD CARE ASSISTANCE FOR LOW INCOME FAMILIES, AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION. ONCE A FAMILY IS DETERMINED ELIGIBLE FOR CHILD CARE ASSISTANCE, SOCIAL SERVICES DISTRICTS OUTSIDE A CITY WITH A POPULATION OF ONE MILLION OR MORE SHALL PROVIDE THE FAMILY'S INFORMATION TO THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR ASSISTANCE TO BE PROVIDED IN AN EQUITABLE MANNER TO ELIGIBLE FAMILIES WITHIN AMOUNTS APPROPRIATED. A CITY WITH A POPULATION OF ONE MILLION OR MORE SHALL CONTINUE TO DETERMINE ELIGIBILITY AND FUND CHILD CARE ASSISTANCE WITHIN FUNDS APPROPRIATED PURSUANT TO THIS ARTICLE. 4. FOR THE PURPOSE OF THIS TITLE, A "LOW INCOME FAMILY" SHALL BE DEFINED AS: [(b)] (A) families with incomes up to eighty-five percent of the state median income who are attempting through work activities to transition off of public assistance 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 income from employment or increased income from child support payments or the family voluntarily ended assistance; provided that the family 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; OR [(c)] (B) families with incomes up to eighty-five percent of the state median income, which are determined in accordance with the regulations of the [department] OFFICE OF CHILDREN AND FAMILY SERVICES to be at risk of becoming dependent on family assistance; OR [(d)] (C) families with incomes up to eighty-five percent of the state median income, who are attending a post secondary educational program; [and] OR [(e)] (D) other families with incomes up to eighty-five percent of the state median income in accordance with criteria established by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES. A. 10494 5 [2] 5. For the purposes of this title, the term "state income stand- ard" means the most recent federal income official poverty line (as defined and annually revised by the federal office of management and budget) updated by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES for a family size of four and adjusted by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES for family size. [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 services district for a period up to twen- ty-four months, after the month in which the family's eligibility for public assistance has terminated or ended when such child care is neces- sary 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 eligi- bility 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 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. 3-a.] 6. A local social services district may, upon notification to the office, utilize a presumptive eligibility standard to [provide] DETERMINE ELIGIBILITY FOR child care assistance, in accordance with this subdivision. The office of children and family services shall issue guidance regarding the preliminary eligibility criteria to be used by local social services districts utilizing a presumptive eligibility standard. (a) A local social services district opting to utilize a presumptive eligibility standard, shall, upon receipt of an application for child care assistance, including all completed documentation required by the district, complete a preliminary eligibility determination. (b) If the family meets the preliminary eligibility criteria, the family shall be presumed eligible for child care assistance for the period from the date of the application to the date of the final eligi- bility determination. (c) [A local social services district] THE OFFICE OF CHILDREN AND FAMILY SERVICES may utilize [child care block grant] EARLY CHILDHOOD funds for the presumptive eligibility period to the extent permitted by federal law. (d) If, upon final determination, the application for child care services is denied, the social services district shall send written notice to the applicant of the determination of ineligibility and of the applicant's right to a fair hearing in accordance with the regulations of the office. [4. (a) Local social services districts shall guarantee applicants who would otherwise be eligible for, or are recipients of, public assistance benefits and who are employed, the option to choose to receive continu- A. 10494 6 ing child day care subsidies in lieu of public assistance benefits, for such period of time as the recipient continues to be eligible for public assistance. For the purposes of this subdivision, an eligible applicant for, or recipient of, public assistance benefits and who is employed includes a person whose gross earnings equal, or are greater than, the required number of work hours times the state minimum wage. Recipients of child care subsidies under this subdivision who are no longer eligi- ble for public assistance benefits, shall be eligible for transitional child care described in paragraph (b) of subdivision one of this section as if they had been recipients of public assistance. (b) Nothing herein shall be construed to waive the right of an appli- cant who chooses to receive continuing child day care subsidies pursuant to this section from applying for ongoing public assistance. 5. (a) A family eligible for child care assistance pursuant to subdi- vision 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 assist- ance, provided the family income does not exceed eighty-five percent of the state median income. A social services district may 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. 6.] 7. Notwithstanding any other provision of law, rule or regulation to the contrary, applicants for child care subsidy assistance shall be encouraged to obtain a child support order and shall be advised of the benefits of obtaining such orders. Provided however, no applicant for, or recipient of, child care assistance under this title shall be required to pursue, or to obtain, a court order for child support as a condition of eligibility for child care assistance. [7.] 8. For purposes of determining financial eligibility under this title, the earned income of a dependent child under the age of eighteen, who is not legally responsible for the child or children for which child care assistance is sought, shall be disregarded when determining the eligibility of a household for a child care subsidy. [8. Notwithstanding any other provision of law, rule or regulations to the contrary, a social services district that implements a plan amend- ment to the child care portion of its child and family services plan, either as part of an annual plan update, or through a separate plan amendment process, where such amendment reduces eligibility for, or increases the family share percentage of, families receiving child care services, or that implements the process for closing child care cases as set forth in the district's approved child and family services plan, due to the district determining that it cannot maintain its current caseload because all of the available funds are projected to be needed for open cases, shall provide all families whose eligibility for child care assistance or family share percentage will be impacted by such action with at least thirty days prior written notice of the action. Provided, however, that a] 9. A family receiving assistance pursuant to this title shall not be required to contribute more than one percent of their income exceeding the federal poverty level. [9.] 10. Parents and caretakers who are otherwise eligible for child care assistance, and provided with such assistance, shall be able to utilize the assistance when care is necessary to enable them to sleep A. 10494 7 because they work non-traditional hours and have a child who is under the age of six and not in school for a full school day. The authori- zation for child care assistance shall be sufficient to allow the parent to obtain up to eight hours of sleep, as needed. [10.] 11. For the purposes of this title, the term "state median income" means the most recent state median income data published by the bureau of the census, for a family of the same size, updated by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES for a family size of four and adjusted by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES for family size. § 5. Section 410-x of the social services law, as added by section 52 of part B of chapter 436 of the laws of 1997, subdivisions 1 and 2 as amended and paragraphs (d) and (e) of subdivision 2 as added by chapter 416 of the laws of 2000, paragraph (a) of subdivision 2 as amended by section 3 of part U of chapter 56 of the laws of 2023, subdivision 3 as amended by chapter 214 of the laws of 1998, subdivision 6 as amended by section 7 of part U of chapter 56 of the laws of 2023, subdivision 7 as added by chapter 117 of the laws of 2010, subdivision 8 as added by section 1 of subpart E of part C of chapter 97 of the laws of 2011, subdivision 9 as added by section 5 of part U of chapter 56 of the laws of 2023 and subdivision 10 as added by section 1 of part Y of chapter 56 of the laws of 2024, is amended to read as follows: § 410-x. Use of funds. 1. A social services district [shall expend its allocation from the block grant in a manner that provides for equi- table access to child care assistance funds to eligible families, and in accordance with the applicable provisions in federal law regarding the portion of the funds which must be spent on families in receipt of fami- ly assistance, families who are attempting through work activities to transition off of family assistance and families at-risk of becoming dependent on family assistance and the portion which must be spent on other working low-income families. Each social services district] may spend no more than five percent of its [block grant] EARLY CHILDHOOD FUND allocation for administrative activities. The term "administrative activities" shall not include the costs of providing direct services. 2. (a) The office of children and family services may establish prior- ities for the families which will be eligible to receive funding; provided that the priorities provide that eligible families will receive equitable access to child care assistance funds to the extent that these funds are available. The office of children and family services shall ensure that families in receipt of child care assistance as of September thirtieth, two thousand twenty-three who were identified as a priority population under a local social services district's consolidated services plan shall continue to be eligible for such assistance, provided they meet all other applicable eligibility requirements for such assistance. [(d) Each social services district shall collect and submit to the commissioner of the office of children and family services in a manner to be specified by the commissioner of the office of children and family services information concerning the disbursement of child care assist- ance funds showing geographic distribution of children receiving assist- ance within the district. (e)] (B) The commissioner of the office of children and family services shall submit a report to the governor, temporary president of the senate and the speaker of the assembly on or before August thirty- first, two thousand one AND ANNUALLY THEREAFTER concerning the implemen- tation of this section. This report shall include information concerning A. 10494 8 the disbursement of child care assistance funds showing geographic distribution of children receiving assistance within the state. 3. Child care assistance funded under the [block grant] EARLY CHILD- HOOD FUND must meet all applicable standards set forth in section three hundred ninety of this article or the administrative code of the city of New York, including child day care in a child day care center, family day care home, group family day care home, school age child care program, or in home care which is not subject to licensure, certif- ication or registration, or any other lawful form of care for less than twenty-four hours per day. The [department] OFFICE OF CHILDREN AND FAMI- LY SERVICES also is required to establish, in regulation, minimum health and safety requirements that must be met by those providers providing child care assistance funded under the [block grant] EARLY CHILDHOOD FUND which are not required to be licensed or registered under section three hundred ninety of this article or to be licensed under the admin- istrative code of the city of New York and to those public assistance recipients who are providing child care assistance as part of their work activities or as community service under title nine-B of article five of this chapter. A social services district may submit to the [department] OFFICE OF CHILDREN AND FAMILY SERVICES justification for a need to impose additional minimum health and safety requirements on such provid- ers and a plan to monitor compliance with such additional requirements. No such additional requirements or monitoring may be imposed without the written approval of the [department] OFFICE OF CHILDREN AND FAMILY SERVICES. Social services districts shall provide, directly or through referral, technical assistance and relevant health and safety informa- tion to all public assistance recipients who voluntarily choose to provide child care assistance as part of their work activities under title nine-B of article five of this chapter. 4. The amount to be paid or allowed for child care assistance funded under the [block grant] EARLY CHILDHOOD FUND shall be the actual cost of care but no more than the applicable market-related payment rate estab- lished by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES in regulations. The payment rates established by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall be sufficient to ensure equal access for eligible children to comparable child care assistance in the substate area that are provided to children whose parents are not eligi- ble to receive assistance under any federal or state programs. Such payment rates shall take into account the variations in the costs of providing child care in different settings and to children of different age groups, and the additional costs of providing child care for chil- dren with special needs. 5. The [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall promulgate regulations under which provision for child care assistance may be made by providing child care directly; through purchase of services contracts; by providing cash, vouchers or reimbursement to the providers of child care or to the parents or caretaker relatives; or through such other arrangement as the [department] OFFICE OF CHILDREN AND FAMILY SERVICES finds appropriate. Such regulations shall require the use of at least one method by which child care arranged by the parent or caretaker relative can be paid. 6. Pursuant to [department] OFFICE OF CHILDREN AND FAMILY SERVICES regulations, child care assistance shall be provided on a sliding fee basis based upon the family's ability to pay; provided, however, that a family receiving assistance pursuant to this title shall not be required A. 10494 9 to contribute more than one percent of their income exceeding the feder- al poverty level. 7. A social services district may suspend the eligibility of a provid- er who is not required to be licensed or registered under section three hundred ninety of this article to provide child care assistance funded under the [block grant] EARLY CHILDHOOD FUND, where the provider is the subject of a report of child abuse or maltreatment that is under inves- tigation by child protective services. 8. Notwithstanding any provision of law to the contrary, child care assistance payments made pursuant to this section may be made by direct deposit or debit card, as elected by the recipient, and administered electronically, and in accordance with such guidelines, as may be set forth by regulation of the office of children and family services. The office of children and family services may enter into contracts on behalf of local social services districts for such direct deposit or debit card services in accordance with section twenty-one-a of this chapter. 9. Reimbursement for payment on behalf of children who are temporarily absent from child care shall be paid for up to eighty days per year. Reimbursement for additional absences may be allowable in the case of extenuating circumstances, as determined by the office of children and family services. 10. Differential payment rates for child care services shall be estab- lished as required by this subdivision; provided however no provider shall receive an aggregate differential in excess of a limit to be set by the regulations of the office. (a) [Local social services districts] THE OFFICE OF CHILDREN AND FAMI- LY SERVICES shall establish a differential payment rate for child care services provided by licensed or registered child care providers who provide care to a child or children experiencing homelessness. Such differential payment rate shall be no less than ten percent higher but no greater than fifteen percent higher than the actual cost of care or the applicable market-related payment rate established by the office in regulations, whichever is less. (b) [Local social services districts] THE OFFICE OF CHILDREN AND FAMI- LY SERVICES shall establish a differential payment rate for child care services provided by licensed, registered, or enrolled child care providers who provide care to a child during nontraditional hours. Nontraditional hours shall mean care provided other than between six o'clock ante meridian and seven o'clock post meridian on weekdays. Such differential payment rate shall be no less than ten percent higher but no greater than fifteen percent higher than the actual cost of care or the applicable market-related payment rate established by the office in regulations, whichever is less. (c) Nothing in this subdivision shall be construed to limit the authority of the office of children and family services to establish additional differential payment rates by regulation. § 6. Section 410-y of the social services law, as amended by section 1 of part CC of chapter 56 of the laws of 2025, is amended to read as follows: § 410-y. Maintenance of effort. 1. Each social services district shall maintain the amount of local funds spent for child care assistance under the [child care block grant] EARLY CHILDHOOD FUND at a level equal to or greater than the amount the district spent for child care assistance during federal fiscal year nineteen hundred ninety-five under title IV-A of the federal social security act, the federal child care development A. 10494 10 block grant program and the state low income child care program; provided however, a social services district for a city of a population of a million or more shall spend local funds for child care assistance at an amount no less than three hundred twenty-eight million dollars. 2. If [the state fails] SOCIAL SERVICES DISTRICTS FAIL to [meet] MAIN- TAIN the [level of state and] AMOUNT OF local [child care funding neces- sary to maintain the federal matching funds for child care assistance available under title IV-a of the federal social security act] FUNDS REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, the state shall withhold funding from those social services districts [which spent a lower amount of local funds for child care assistance than the amount required by subdivision one of this section,] based on a formula estab- lished in [department] THE OFFICE OF CHILDREN AND FAMILY SERVICES regu- lations[, equal to the amount of the matching funds which have been lost]. § 7. Section 410-z 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: § 410-z. Reporting requirements. Each social services district shall collect and submit to the [department] OFFICE OF CHILDREN AND FAMILY SERVICES, in such form and at such times as specified by the [depart- ment] OFFICE OF CHILDREN AND FAMILY SERVICES, such data and information regarding child care assistance provided under the [block grant] EARLY CHILDHOOD FUND as the [department] OFFICE OF CHILDREN AND FAMILY SERVICES may need to comply with federal reporting requirements. § 8. Section 410-z of the social services law, as amended by chapter 32 of the laws of 2026, is amended to read as follows: § 410-z. Reporting requirements. 1. Each social services district shall collect and submit to the office of children and family services, in such form and at such times as specified by the office of children and family services, such data and information regarding child care assistance provided under the [block grant] EARLY CHILDHOOD FUND as the office of children and family services may need to comply with federal reporting requirements. 2. (A) THE OFFICE OF CHILDREN AND FAMILY SERVICES DISTRICT SHALL MAIN- TAIN A WAITING LIST OF ELIGIBLE FAMILIES WHO HAVE APPLIED FOR CHILD CARE ASSISTANCE PURSUANT TO THIS TITLE AND WHO HAVE NOT RECEIVED SUCH ASSIST- ANCE. SUCH WAITING LIST SHALL CONTAIN INFORMATION INCLUDING, BUT NOT LIMITED TO: (I) THE DATE THE CHILD CARE ASSISTANCE WAS REQUESTED; (II) THE DATE THE CHILD CARE ASSISTANCE WAS RECEIVED; (III) THE AGE OF THE CHILD OR CHILDREN THE ASSISTANCE WAS REQUESTED ON BEHALF OF; AND (IV) THE TOTAL NUMBER OF FAMILIES ON SUCH WAITING LIST AS OF THE FIRST DAY OF EACH MONTH. (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES BY OCTOBER FIFTEENTH, TWO THOUSAND TWENTY-SEVEN, AND ANNUALLY THEREAFTER SHALL POST ON THEIR WEBSITE A REPORT DETAILING MONTH-TO-MONTH INFORMATION REQUIRED PURSUANT TO THIS SUBDIVISION FOR THE PRECEDING PERIOD OF OCTOBER FIRST THROUGH SEPTEMBER THIRTIETH, AND SHALL RECEIVE ANY NECESSARY INFORMATION AND DATA FROM EACH LOCAL SOCIAL SERVICES DISTRICTS NECESSARY TO COMPLY WITH THIS SUBDIVISION. THE OFFICE SHALL INCLUDE THE FOLLOWING IN THE REPORT: (I) THE AVERAGE LENGTH OF TIME FOR FAMILIES ON THE WAITING LIST; (II) THE NUMBER OF FAMILIES ON THE WAITING LIST FOR EACH OF THE FOLLOWING TIME PERIODS: (A) LESS THAN TWO WEEKS, A. 10494 11 (B) TWO WEEKS TO LESS THAN A MONTH, (C) ONE MONTH TO LESS THAN THREE MONTHS, (D) THREE MONTHS TO LESS THAN SIX MONTHS, (E) SIX MONTHS TO LESS THAN A YEAR, AND (F) ONE YEAR OR MORE; (III) THE AVERAGE AGE OF CHILDREN REPRESENTED ON THE WAITING LIST; (IV) THE NUMBER OF CHILDREN REPRESENTED ON THE WAITING LIST ELIGIBLE FOR EACH: (A) INFANT, (B) TODDLER, (C) PRE-SCHOOL, AND (D) SCHOOL-AGED SUBSIDIZED CHILD CARE SLOTS; AND (V) THE NUMBER OF EXISTING INFANT, TODDLER, PRE-SCHOOL AND SCHOOL-AGED SUBSIDIZED CHILD CARE SLOTS; (VI) THE NUMBER OF FAMILIES WHO WOULD RECEIVE CHILD CARE ASSISTANCE EXCEPT THAT THEY ARE WAITING FOR AVAILABLE SLOTS IN A PARTICULAR CHILD CARE PROGRAM; AND (VII) OTHER INFORMATION AS THE OFFICE DEEMS APPROPRIATE. 3. (A) EACH SOCIAL SERVICES DISTRICT SHALL COLLECT DATA REGARDING THE INCOME OF FAMILIES WHO APPLIED FOR CHILD CARE ASSISTANCE PURSUANT TO THIS TITLE, AND PASS SUCH DATA ON TO THE OFFICE OF CHILDREN AND FAMILY SERVICES. SUCH DATA SHALL INCLUDE: (I) THE NUMBER OF FAMILIES WHO WERE DENIED; (II) THE NUMBER OF FAMILIES WHO WERE DETERMINED ELIGIBLE FOR SUCH ASSISTANCE; AND (III) A LISTING OF THE INCOMES PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION OF THE FAMILIES WHO APPLIED FOR SUCH ASSISTANCE. (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES BY OCTOBER FIFTEENTH, TWO THOUSAND TWENTY-SEVEN, AND ANNUALLY THEREAFTER, SHALL POST ON THEIR WEBSITE A REPORT DETAILING MONTH-TO-MONTH INFORMATION COLLECTED PURSUANT TO THIS SUBDIVISION FOR THE PRECEDING PERIOD OF OCTOBER FIRST THROUGH SEPTEMBER THIRTIETH, AND SHALL RECEIVE ANY NECESSARY INFORMATION AND DATA FROM EACH LOCAL SOCIAL SERVICES DISTRICTS NECESSARY TO COMPLY WITH THIS SUBDIVISION. THE OFFICE SHALL INCLUDE THE FOLLOWING IN THE REPORT: (I) THE NUMBER OF ALL FAMILIES WHO APPLIED FOR AND RECEIVED CHILD CARE ASSISTANCE PURSUANT TO THIS TITLE WHOSE: (A) INCOMES WERE UNDER FIFTY PERCENT OF THE STATE MEDIAN INCOME LEVEL FOR THEIR FAMILY SIZE, (B) INCOMES WERE BETWEEN FIFTY PERCENT AND SEVENTY-FIVE PERCENT OF THE STATE MEDIAN INCOME LEVEL FOR THEIR FAMILY SIZE, AND (C) INCOMES WERE BETWEEN SEVENTY-FIVE AND EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME LEVEL FOR THEIR FAMILY SIZE; AND (II) THE NUMBER OF ALL FAMILIES WHO APPLIED FOR AND WERE DENIED CHILD CARE ASSISTANCE PURSUANT TO THIS TITLE WHOSE: (A) INCOMES WERE UNDER FIFTY PERCENT OF THE STATE MEDIAN INCOME LEVEL FOR THEIR FAMILY SIZE, (B) INCOMES WERE BETWEEN FIFTY PERCENT AND SEVENTY-FIVE PERCENT OF THE STATE MEDIAN INCOME LEVEL FOR THEIR FAMILY SIZE, AND (C) INCOMES WERE BETWEEN SEVENTY-FIVE PERCENT AND EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME LEVEL FOR THEIR FAMILY SIZE. 4. SUCH REPORT REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO AND PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION SHALL BE PROVIDED TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIRPERSON OF THE ASSEMBLY COMMITTEE ON CHILDREN AND FAMILIES, THE CHAIRPERSON OF THE SENATE COMMITTEE ON CHILDREN AND FAMI- LIES, THE CHAIRPERSON OF THE ASSEMBLY COMMITTEE ON SOCIAL SERVICES, THE A. 10494 12 CHAIRPERSON OF THE SENATE COMMITTEE ON SOCIAL SERVICES, THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-SEVEN, AND ANNUALLY THEREAFTER. 5. REPORTS ISSUED AND COMPILED UNDER THIS SECTION SHALL NOT USE THE NAME, ADDRESS, OR ANY OTHER IDENTIFYING INFORMATION OF AN INDIVIDUAL WHO IS THE SUBJECT OF THE REPORT AND SHALL ENSURE THE ANONYMITY OF THOSE INCLUDED IN THE REPORTS. § 9. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that the amendments to section 410-z of the social services law made by section seven of this act shall be subject to the expiration and reversion of such section pursuant to section 3 of chapter 676 of the laws of 2025, as amended, when upon such date the provisions of section eight of this act shall take effect.
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