Assembly Bill A9088

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9088
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 12, 2025
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT to amend the military law, in relation to establishing a weekend
   child day care assistance program for New York army and  air  national
   guard members
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The military law is amended by adding a new section 257  to
 read as follows:
   §  257. WEEKEND CHILD DAY CARE ASSISTANCE PROGRAM. 1. FOR THE PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "NEW YORK NATIONAL GUARD" MEANS BOTH THE NEW  YORK  ARMY  NATIONAL
 GUARD  ESTABLISHED  UNDER SECTION FORTY-ONE OF THIS CHAPTER, AND THE NEW
 YORK AIR NATIONAL GUARD ESTABLISHED  UNDER  SECTION  FORTY-TWO  OF  THIS
 CHAPTER.
   (B)  "THE PROGRAM" MEANS THE WEEKEND CHILD DAY CARE ASSISTANCE PROGRAM
 ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (C) "DUAL-MILITARY FAMILY" MEANS A TWO-PARENT FAMILY WHERE  BOTH  SUCH
 PARENTS  ARE  ENLISTED AS MEMBERS OF THE NEW YORK NATIONAL GUARD, OR ANY
 OTHER FEDERAL MILITARY BRANCH.
   (D) "CHILD DAY CARE" SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION
 THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW.
   (E) "CHILD CARE PROVIDER" MEANS AN ENTITY OPERATING  AS  A  CHILD  DAY
 CARE  CENTER  OR FAMILY DAY CARE HOME UNDER SECTION THREE HUNDRED NINETY
 OF THE SOCIAL SERVICES LAW.
   2. THE DIVISION OF MILITARY AND NAVAL AFFAIRS, IN CONJUNCTION WITH THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL DEVELOP  AND  IMPLEMENT  A
 "WEEKEND  CHILD  DAY  CARE ASSISTANCE PROGRAM" TO BENEFIT MEMBERS OF THE
 NEW YORK NATIONAL GUARD, INCLUDING DEVELOPMENT OF AN  INITIAL  REGISTRA-
 TION  PROCESS,  AND  A MONTHLY RESERVATION PROCESS FOR NEW YORK NATIONAL
 GUARD MEMBERS TO RESERVE CHILD DAY CARE WITH A CHILD CARE PROVIDER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10851-02-5
              

 A. 9088                             2
 
   3. THE PROGRAM SHALL PROVIDE FREE HOURLY CHILD DAY CARE,  AT  A  CHILD
 CARE PROVIDER THAT HAS OPTED TO PARTICIPATE IN THE PROGRAM, FOR NEW YORK
 NATIONAL GUARD MEMBERS DURING SCHEDULED WEEKEND DRILL PERIODS, FOR UP TO
 TWELVE  HOURS.  SUCH CHILD DAY CARE SHALL BE REIMBURSABLE AS PROVIDED IN
 THIS  SECTION.  NEW YORK NATIONAL GUARD MEMBERS SEEKING TO ENROLL IN THE
 PROGRAM SHALL MAKE AN INITIAL  APPLICATION  TO  THE  PROGRAM,  AND  ONCE
 ASSISTED,  SHALL  RESERVE  CHILD DAY CARE UNDER THE PROGRAM MONTHLY AT A
 CHILD CARE PROVIDER PARTICIPATING IN THE PROGRAM.
   4. ALL CHILD DAY CARE COSTS SHALL BE PROCESSED DIRECTLY TO  THE  CHILD
 CARE  PROVIDER  AND  PROCESSED  IN ACCORDANCE WITH THE PROGRAM POLICIES,
 DEPENDENT ON SUBMISSION OF  COMPLETED  ATTENDANCE  SHEETS.  NO  PAYMENTS
 SHALL  BE GUARANTEED UNTIL A FINAL APPROVAL CERTIFICATE HAS BEEN SENT TO
 BOTH THE NEW YORK NATIONAL GUARD MEMBER  ENROLLED  IN  THE  PROGRAM  AND
 CHILD CARE PROVIDER. IT SHALL BE THE RESPONSIBILITY OF BOTH THE NEW YORK
 NATIONAL GUARD MEMBER ENROLLED IN THE PROGRAM AND CHILD CARE PROVIDER TO
 REVIEW  ALL  APPROVALS  FOR  ACCURACY, AND TO REPORT ANY INACCURACIES AS
 SOON AS POSSIBLE.
   5. NEW YORK NATIONAL GUARD MEMBERS ENROLLED IN THE PROGRAM SHALL:
   (A) BE IN GOOD STANDING WITH THEIR UNIT, WHICH  SHALL  INCLUDE,  AT  A
 MINIMUM,  HAVING ATTENDED ALL REQUIRED DRILLS, COMPLETED ASSIGNED TASKS,
 AND MAINTAINED COMPLIANCE WITH UNIFORM REQUIREMENTS;
   (B) PROVE THAT NO OTHER ADULT IN SUCH NEW YORK NATIONAL GUARD MEMBER'S
 HOUSEHOLD IS ABLE TO CARE FOR SUCH MEMBER'S CHILD OR CHILDREN DURING THE
 SCHEDULED DRILL WEEKEND; AND
   (C) EITHER: (I) BE A SINGLE PARENT, OR  BE  PART  OF  A  DUAL-MILITARY
 FAMILY WHERE SUCH NEW YORK NATIONAL GUARD MEMBER'S SPOUSE IS PARTICIPAT-
 ING  IN  A  DRILL  DURING THE SAME WEEKEND, IS DEPLOYED, OR IS ATTENDING
 SERVICE-RELATED CLASSES OR TRAINING ON A DRILL WEEKEND; OR
   (II) HAVE ENROLLED THEIR CHILD OR CHILDREN IN THE  DEFENSE  ENROLLMENT
 ELIGIBILITY  REPORTING  SYSTEM  AS  DEPENDENTS OF SUCH NEW YORK NATIONAL
 GUARD MEMBER, IF SUCH CHILD OR CHILDREN ARE  BETWEEN  THE  AGES  OF  SIX
 WEEKS TO TWELVE YEARS OLD.
   6. CHILD CARE PROVIDERS PARTICIPATING IN THE PROGRAM SHALL:
   (A)  MAINTAIN  COMPLIANCE  WITH  SECTION  THREE  HUNDRED NINETY OF THE
 SOCIAL SERVICES LAW;
   (B) SUBMIT TO AN ADVANCED  FEDERAL  BUREAU  OF  INVESTIGATION  FEDERAL
 FINGERPRINT  BACKGROUND  CHECK  AND  FEDERAL  CHILD ABUSE REGISTRY CHECK
 CONDUCTED AND ADJUDICATED BY THE DEPARTMENT OF SOCIAL SERVICES  FOR  ANY
 CHILD DAY CARE EMPLOYEES, AND FOR FAMILY DAY CARE HOMES, AS SUCH TERM IS
 DEFINED  BY SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW, ALL
 HOUSEHOLD MEMBERS AGED EIGHTEEN YEARS AND OLDER;
   (C) MAINTAIN A CHILD DAY CARE LIABILITY INSURANCE POLICY  COVERAGE  OF
 AT LEAST FIVE HUNDRED THOUSAND DOLLARS; AND
   (D)  MAINTAIN A CERTIFICATION IN FIRST AID AND INFANT/CHILD CARDIOPUL-
 MONARY RESUSCITATION (CPR).
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.