S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5413
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the social services law, in  relation  to  enacting  the
   "help parents find and afford child care act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 6 of the social services law is amended by adding a
 new title 7-A to read as follows:
 
                                  TITLE 7-A
                HELP PARENTS FIND AND AFFORD CHILD CARE ACT
 
 SECTION 435. SHORT TITLE.
         435-A. DEFINITIONS.
         435-B. CHILD CARE SUBSIDIES.
         435-C. TRI-SHARE CHILD CARE PROGRAM.
         435-D. AT-HOME INFANT CARE PROGRAM.
         435-E. SUPPORTING MILITARY FAMILIES.
         435-F. REPORTING.
   § 435. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS  THE
 "HELP PARENTS FIND AND AFFORD CHILD CARE ACT".
   § 435-A. DEFINITIONS.  FOR  THE  PURPOSES OF THIS TITLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CHILD CARE ASSISTANCE PROGRAM" MEANS THE PROGRAM THROUGH WHICH THE
 OFFICE PROVIDES CHILD CARE ASSISTANCE TO LOW- AND MODERATE-INCOME  FAMI-
 LIES  THROUGH FUNDS RECEIVED FROM THE FEDERAL CHILD CARE AND DEVELOPMENT
 BLOCK GRANT, A PORTION OF THE  STATE'S  TEMPORARY  ASSISTANCE  TO  NEEDY
 FAMILIES ALLOCATION, STATE FUNDS, AND LOCAL GOVERNMENT FUNDS.
   2. "CHILD DAY CARE PROVIDER" SHALL HAVE THE SAME MEANING AS DEFINED BY
 SECTION THREE HUNDRED NINETY OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08215-01-5
 A. 5413                             2
              

 
   3. "BENEFIT CLIFF EFFECT" MEANS THE SUDDEN DECREASE IN PUBLIC BENEFITS
 THAN CAN OCCUR WITH A SMALL INCREASE IN EARNINGS.
   4. "OFFICE" MEANS THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   § 435-B. CHILD  CARE  SUBSIDIES.  1. THE OFFICE SHALL DEVELOP A PHASED
 IMPLEMENTATION PLAN FOR CHILDCARE SUBSIDIES UNDER THE CHILD CARE ASSIST-
 ANCE PROGRAM WITH BENCHMARKS FOR LIMITING CO-PAYMENTS, BY THE  YEAR  TWO
 THOUSAND  THIRTY,  TO  NO  MORE THAN SEVEN PERCENT OF A FAMILY'S INCOME.
 SUCH IMPLEMENTATION PLAN SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE
 FOLLOWING:
   (A) A PHASED APPROACH WITH BENCHMARKS, THAT GRADUALLY INCREASES ELIGI-
 BILITY BASED ON INCOME UNTIL TWO THOUSAND THIRTY AND CONSIDERS ELIGIBIL-
 ITY  OPPORTUNITIES  FOR FAMILIES EARNING UP TO TWO HUNDRED FIFTY PERCENT
 OF THE MEDIAN FAMILY INCOME IN THE STATE;
   (B) A GRADUATED SYSTEM OF CO-PAYMENTS TO ELIMINATE THE  BENEFIT  CLIFF
 EFFECT  FOR  FAMILIES  AND  TO  LIMIT THE AMOUNT A FAMILY PAYS FOR CHILD
 CARE;
   (C) EXPANDED ACCESS TO A CHILD CARE SUBSIDY BY DEVELOPING A  MODEL  TO
 ENABLE THE OFFICE TO PROVIDE CONTRACTED SLOTS TO PROGRAMS THAT SERVICE A
 FAMILY USING THE CHILD CARE SUBSIDY; AND
   (D)  A  PLAN,  A  BUDGET,  REVENUE  RECOMMENDATIONS, AND A TIMELINE TO
 ACHIEVE THE GOALS OF THIS SECTION.
   2. ANY FAMILY THAT QUALIFIES FOR PUBLIC ASSISTANCE THROUGH MEDICAID OR
 THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND  CHIL-
 DREN  UNDER  SECTION  TWENTY-FIVE HUNDRED SEVEN OF THE PUBLIC HEALTH LAW
 SHALL BE DEEMED TO CATEGORICALLY SATISFY THE INCOME ELIGIBILITY REQUIRE-
 MENTS TO RECEIVE ASSISTANCE THROUGH THE CHILD CARE ASSISTANCE PROGRAM.
   3. THE OFFICE SHALL DETERMINE ELIGIBILITY FOR THE CHILD  CARE  ASSIST-
 ANCE  PROGRAM WITHIN THIRTY DAYS OF RECEIVING AN APPLICATION. THE OFFICE
 SHALL PROVIDE RETROACTIVE REIMBURSEMENT TO A CHILD  CARE  PROVIDER  THAT
 PROVIDED  TUITION  ASSISTANCE  TO  AN  APPLICANT  DURING THE APPLICATION
 REVIEW PERIOD, REGARDLESS OF  FINAL  ELIGIBILITY  DETERMINATION,  WITHIN
 FIFTEEN  DAYS  OF SUCH FINAL DETERMINATION. APPLICANTS SHALL BE PRESUMED
 TO BE ELIGIBLE FOR THE PROGRAM DURING THE PROCESSING  OF  SUCH  APPLICA-
 TIONS.
   4.  THE OFFICE SHALL ESTABLISH A MECHANISM FOR AUTOMATIC ENROLLMENT TO
 ENROLL CHILDREN IN THE CHILD CARE ASSISTANCE PROGRAM BASED ON  ELIGIBIL-
 ITY  FINDINGS FOR MEDICAID OR THE SPECIAL SUPPLEMENTAL NUTRITION PROGRAM
 FOR WOMEN, INFANTS AND CHILDREN UNDER SECTION TWENTY-FIVE HUNDRED  SEVEN
 OF  THE  PUBLIC  HEALTH  LAW.  THE  DEPARTMENT OF HEALTH SHALL INCLUDE A
 CHECKBOX OR SIMILAR MECHANISM ON PEDIATRIC AND RELEVANT  OBSTETRICS  AND
 GYNECOLOGY   PROVIDERS'  INTAKE  MATERIALS  TO  PROVIDE  CONSENT  TO  BE
 CONTACTED BY THE OFFICE ABOUT SUBSIDIZED CHILDCARE UNDER THE CHILD  CARE
 ASSISTANCE PROGRAM.
   § 435-C. TRI-SHARE CHILD CARE PROGRAM. 1. THE OFFICE SHALL ESTABLISH A
 TRI-SHARE CHILD CARE PROGRAM, WHICH CREATES A PUBLIC/PRIVATE PARTNERSHIP
 TO  SHARE  THE COST OF CHILD CARE BETWEEN EMPLOYERS, ELIGIBLE EMPLOYEES,
 AND THE STATE TO:
   (A) MAKE HIGH-QUALITY CHILD CARE AFFORDABLE AND ACCESSIBLE FOR WORKING
 FAMILIES;
   (B) HELP EMPLOYERS RETAIN AND ATTRACT EMPLOYEES; AND
   (C) HELP STABILIZE CHILD DAY CARE PROVIDERS ACROSS THE STATE.
   2. MONIES APPROPRIATED BY THE LEGISLATURE FOR THE TRI-SHARE CHILD CARE
 PROGRAM SHALL BE USED TO PROVIDE THE STATE'S PORTION OF FUNDING FOR  THE
 TRI-SHARE  CHILD  CARE  PROGRAM ESTABLISHED BY THIS SECTION. THE STATE'S
 CONTRIBUTION SHALL BE EQUAL TO THE AMOUNT CONTRIBUTED  BY  THE  EMPLOYER
 AND  ELIGIBLE  EMPLOYEE UP TO THE AMOUNT PERMITTED TO BE EXPENDED BY THE
 A. 5413                             3
 
 STATE UNDER THE STATE CHILD CARE SUBSIDY GUIDELINES OUTLINED  UNDER  THE
 CHILD  CARE  ASSISTANCE PROGRAM. FUNDS PROVIDED UNDER THIS SECTION SHALL
 BE DIVIDED EVENLY IN EACH FISCAL YEAR  AMONG  THE  REGIONAL  FACILITATOR
 HUBS,  AS  DESCRIBED  IN  SUBDIVISION THREE OF THIS SECTION, SELECTED TO
 PARTICIPATE IN THE PROGRAM. ANY UNEXPENDED FUNDS  SHALL  REVERT  TO  THE
 GENERAL FUND.
   3.  THE OFFICE SHALL SELECT UP TO THREE LOCAL PARTNERSHIPS TO SERVE AS
 REGIONAL FACILITATOR HUBS TO  IMPLEMENT  AND  ADMINISTER  THE  TRI-SHARE
 CHILD CARE PROGRAM AND ACT AS REGIONAL INTERMEDIARIES BETWEEN EMPLOYERS,
 FAMILIES,  CHILD  CARE PROVIDERS, AND THE STATE. THE OFFICE SHALL SELECT
 LOCAL PARTNERSHIPS TO PARTICIPATE IN  THE  PROGRAM  FROM  GEOGRAPHICALLY
 DIVERSE AREAS ACROSS THE STATE.
   4.  THE  LOCAL  PARTNERSHIPS SELECTED TO SERVE AS REGIONAL FACILITATOR
 HUBS SHALL ESTABLISH AND DETERMINE TRI-SHARE CHILD CARE  PROGRAM  ELIGI-
 BILITY.    FOR PURPOSES OF THE TRI-SHARE CHILD CARE PROGRAM, AN EMPLOYEE
 SHALL BE ELIGIBLE TO PARTICIPATE IF  SUCH  EMPLOYEE  IS  EMPLOYED  BY  A
 PARTICIPATING  EMPLOYER, AND IS NOT OTHERWISE RECEIVING SUBSIDIZED CHILD
 CARE IN THE STATE. AN ELIGIBLE EMPLOYEE MAY RESIDE OUTSIDE OF THE DESIG-
 NATED REGION FOR  THE  RESPECTIVE  FACILITATOR  HUB.  ADDITIONALLY,  THE
 REGIONAL FACILITATOR HUBS SHALL DEVELOP AND IMPLEMENT OTHER CRITERIA FOR
 THE TRI-SHARE CHILD CARE PROGRAM, INCLUDING, BUT NOT LIMITED TO, EACH OF
 THE FOLLOWING:
   (A)  ENSURING  PAYMENT  FOR  THE COST OF CHILD CARE IS DIVIDED EQUALLY
 BETWEEN AN EMPLOYER, AN ELIGIBLE EMPLOYEE, AND THE STATE, UP TO A  BENE-
 FIT  EQUAL  TO  THE  MAXIMUM AMOUNT OF BENEFITS PROVIDED UNDER THE CHILD
 CARE ASSISTANCE PROGRAM;
   (B) RECRUITING PARTICIPATING EMPLOYERS AND  LICENSED  CHILD  DAY  CARE
 PROVIDERS;
   (C) ENSURING PARTICIPATING EMPLOYERS AGREE TO (I) IDENTIFY AND RECRUIT
 ELIGIBLE  EMPLOYEES,  (II)  PROVIDE THE EMPLOYER PORTION OF EACH PARTIC-
 IPATING EMPLOYEE'S CHILD CARE COSTS, AND  (III)  MAINTAIN  COMMUNICATION
 WITH  THE  REGIONAL  FACILITATOR  HUB REGARDING EACH ELIGIBLE EMPLOYEE'S
 CONTINUED EMPLOYMENT AND ELIGIBILITY;
   (D) VERIFYING THAT PARTICIPATING CHILD DAY CARE PROVIDERS  MEET  STATE
 LICENSURE REQUIREMENTS;
   (E)  FINAL DETERMINATIONS REGARDING A REFERRED EMPLOYEE'S ELIGIBILITY;
 AND
   (F) COORDINATING AND ENSURING PAYMENTS BETWEEN  EMPLOYERS,  EMPLOYEES,
 AND LICENSED CHILD DAY CARE PROVIDERS.
   5.  A REGIONAL FACILITATOR HUB MAY USE UP TO NINE PERCENT OF ITS ALLO-
 CATION FOR ADMINISTRATIVE COSTS.
   6. WITHIN TWO YEARS OF THE COMMENCEMENT OF THE  TRI-SHARE  CHILD  CARE
 PROGRAM,  THE  OFFICE  SHALL  SUBMIT  A REPORT TO THE LEGISLATURE, WHICH
 SHALL INCLUDE, AT A MINIMUM, EACH OF THE FOLLOWING:
   (A) THE NUMBER OF CHILDREN SERVED, BY AGE AND COUNTY;
   (B) TOTAL PROGRAM COSTS, INCLUDING ANY ADMINISTRATIVE COSTS;
   (C) THE AMOUNT OF FUNDS NEEDED FOR PROGRAM EXPANSION, IF RECOMMENDED;
   (D) THE LIST OF EMPLOYERS PARTICIPATING IN THE  TRI-SHARE  CHILD  CARE
 PROGRAM; AND
   (E) ANY OTHER RELEVANT INFORMATION OR RECOMMENDATIONS DEEMED APPROPRI-
 ATE.
   § 435-D. AT-HOME  INFANT  CARE  PROGRAM. 1. THE OFFICE SHALL CREATE AN
 AT-HOME INFANT CARE PROGRAM TO BE ADMINISTERED THROUGH  THE  CHILD  CARE
 ASSISTANCE  PROGRAM,  WHICH  SHALL BE AN AT-HOME INFANT CARE PROGRAM FOR
 FAMILIES IN WHICH A PARENT OR GUARDIAN PROVIDES FULL-TIME CHILD CARE FOR
 SUCH FAMILY'S INFANT UNDER TWO YEARS OF AGE. THROUGH SUCH AT-HOME INFANT
 A. 5413                             4
 
 CARE PROGRAM, A FAMILY MAY RECEIVE A  PAYMENT  IN  LIEU  OF  CHILD  CARE
 ASSISTANCE IF SUCH FAMILY MEETS THE FOLLOWING ELIGIBILITY REQUIREMENTS:
   (A)  THE  FAMILY  HAS  NOT  PREVIOUSLY RECEIVED A TOTAL OF TWENTY-FOUR
 MONTHS OF AT-HOME INFANT CARE ASSISTANCE UNDER THIS SECTION;
   (B) THE AT-HOME INFANT CARE ASSISTANCE IS ONLY RECEIVED UP TO  TWENTY-
 FOUR MONTHS, ONCE PER CHILD;
   (C)  A  PARENT  SHALL  BE  EIGHTEEN YEARS OF AGE OR OLDER OR, IF UNDER
 EIGHTEEN YEARS OF AGE, HAVE ATTAINED AN  EQUIVALENCY  OF  COMPLETION  OF
 SECONDARY EDUCATION, OR A HIGH SCHOOL DIPLOMA; AND
   (D)  ANY  ADDITIONAL REQUIREMENTS DETERMINED BY THE OFFICE PURSUANT TO
 RULE AND/OR REGULATION.
   2. NOTWITHSTANDING PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, A
 PARENT WHO IS UNDER EIGHTEEN YEARS OF AGE AND ATTENDING HIGH SCHOOL OR A
 PROGRAM FOR EQUIVALENCY OF COMPLETION OF SECONDARY EDUCATION MAY RECEIVE
 BENEFITS FOR MONTHS OUTSIDE OF THE REGULAR SCHOOL YEAR.
   3. FAMILY MEMBERS MAY PARTICIPATE IN  EDUCATION  AND  WORK  ACTIVITIES
 PROVIDED A PARENT OR GUARDIAN PROVIDES CARE FULL-TIME FOR THE INFANT.
   4. THE OFFICE SHALL EXPEND FUNDS UNDER THE AT-HOME INFANT CARE PROGRAM
 PURSUANT TO THE FOLLOWING RATES OF ASSISTANCE:
   (A)  CLIENTS  ELIGIBLE  FOR  THE  CHILD  CARE ASSISTANCE PROGRAM SHALL
 RECEIVE A BENEFIT EQUAL TO THE MAXIMUM AMOUNT OF BENEFITS THE PARENT  OR
 GUARDIAN  WOULD BE ELIGIBLE TO RECEIVE UNDER SUCH PROGRAM, OTHERWISE THE
 BENEFIT SHALL BE EQUAL TO THREE THOUSAND SIX HUNDRED DOLLARS  PER  YEAR,
 ADJUSTED  ANNUALLY  FOR  INFLATION FOR EACH YEAR FOLLOWING THE EFFECTIVE
 DATE OF THIS SECTION.
   5. PAYMENTS RECEIVED UNDER THE AT-HOME INFANT CARE PROGRAM  SHALL  NOT
 BE SUBJECT TO STATE INCOME TAX.
   6.  PAYMENTS  RECEIVED  UNDER THE AT-HOME INFANT CARE PROGRAM SHALL BE
 EXCLUDED FROM AN APPLICANT'S INCOME  TO  QUALIFY  AND  APPLY  FOR  OTHER
 ASSISTANCE PROGRAMS IN THE STATE.
   7.  THE  AT-HOME  INFANT  CARE  PROGRAM  SHALL BE FUNDED IF A SPECIFIC
 APPROPRIATION IS ADDED TO THE GENERAL APPROPRIATIONS ACT  OR  BY  BUDGET
 AMENDMENT IF FUNDS BECOME AVAILABLE FROM FEDERAL OR PRIVATE SOURCES.
   8.  THE OFFICE SHALL CREATE OUTREACH MATERIALS AND DEVELOP AN OUTREACH
 PLAN TO PROVIDE MATERIALS TO ALL PEDIATRIC AND PRENATAL PROVIDERS IN THE
 STATE.
   9. A PARTICIPATING FAMILY SHALL REPORT INCOME AND OTHER FAMILY CHANGES
 AS SPECIFIED BY THE OFFICE PURSUANT TO RULE OR REGULATION.
   § 435-E. SUPPORTING  MILITARY  FAMILIES.  1.  THE  OFFICE  IS   HEREBY
 DIRECTED  TO  INCREASE THE AVAILABILITY OF CHILD CARE OPTIONS AND SUBSI-
 DIES FOR MILITARY FAMILIES,  INCLUDING  THROUGH  COORDINATION  WITH  THE
 FEDERAL  DEPARTMENT  OF  DEFENSE TO ALLOW OR EXPAND PARTICIPATION IN THE
 OFFICE'S  MILITARY  CHILD  CARE  IN   YOUR   NEIGHBORHOOD-PLUS   PROGRAM
 (MCCYN-PLUS), OR OTHER FEDERAL DEPARTMENT OF DEFENSE PROGRAMS.
   2.  ANY SPOUSE OF AN ACTIVE DUTY OR RESERVE MEMBER OF THE ARMED FORCES
 OF THE UNITED STATES OR A MEMBER OF THE STATE  NATIONAL  GUARD  WHO  HAS
 OBTAINED  A VALID OUT-OF-STATE CHILD CARE LICENSE, WITH FULL CREDENTIALS
 AND WITHOUT DEFICIENCIES, THAT IS IN FORCE AT THE TIME  THE  APPLICATION
 FOR  A  STATE LICENSE UNDER SECTION THREE HUNDRED NINETY OF THIS ARTICLE
 IS RECEIVED BY THE OFFICE, AND  HAS  SUBMITTED  TO  A  CRIMINAL  HISTORY
 RECORD BACKGROUND CHECK WITHIN THE PAST YEAR, MAY BE ELIGIBLE TO RECEIVE
 LICENSURE BY RECIPROCITY. EACH SUCH INDIVIDUAL SHALL ESTABLISH A FILE IN
 THE  OFFICE  BY  SUBMITTING  A  COMPLETE APPLICATION PACKET, WHICH SHALL
 INCLUDE OFFICIAL STUDENT TRANSCRIPTS AND AN OFFICIAL COPY OF  THE  MILI-
 TARY  PERMANENT ASSIGNMENT ORDERS OF THE INDIVIDUAL'S SPOUSE. NO SERVICE
 REQUIREMENTS OR LICENSING ASSESSMENTS SHALL BE  REQUIRED  FOR  ANY  SUCH
 A. 5413                             5
 
 INDIVIDUAL. THE OFFICE SHALL DETERMINE AND COMMUNICATE SUCH INDIVIDUAL'S
 ELIGIBILITY FOR LICENSURE BY RECIPROCITY WITHIN FIFTEEN BUSINESS DAYS OF
 RECEIPT OF THE COMPLETE APPLICATION PACKET.
   § 435-F. REPORTING. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF
 THIS  TITLE AND ANNUALLY THEREAFTER, THE OFFICE SHALL SUBMIT A REPORT TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF
 THE ASSEMBLY THAT INCLUDES A REVIEW OF IMPLEMENTATION PROGRESS, UTILIZA-
 TION  OF PROGRAMS, AND RECOMMENDATIONS FOR ADDITIONAL LEGISLATIVE ACTION
 IF NEEDED UNDER THIS TITLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.