S T A T E O F N E W Y O R K
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5207
2025-2026 Regular Sessions
I N S E N A T E
February 19, 2025
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Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Veterans, Home-
land Security and Military Affairs
AN ACT to amend the military law, in relation to establishing the "guard
our children act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "guard our
children act".
§ 2. The military law is amended by adding a new section 257 to read
as follows:
§ 257. CHILDCARE PROGRAM FOR NEW YORK NATIONAL GUARD. 1. DEFINITIONS.
FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "CHILDCARE PROGRAM" OR "PROGRAM" MEANS THE CHILDCARE PROGRAM
ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(B) "CHILDCARE PROVIDER" MEANS AN ENTITY LICENSED OR REGISTERED TO
OPERATE UNDER SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW.
(C) "ELIGIBLE CHILDREN" MEANS CHILDREN BETWEEN THE AGES OF SIX WEEKS
AND TWELVE YEARS OLD WHO ARE DEPENDENTS OF MEMBERS OF THE NEW YORK
NATIONAL GUARD.
(D) "ENROLLED CHILDCARE PROVIDER" MEANS A CHILDCARE PROVIDER ENROLLED
IN THE PROGRAM PURSUANT TO THIS SECTION.
(E) "MEMBER" MEANS A MEMBER OF THE NEW YORK NATIONAL GUARD.
2. ESTABLISHMENT AND PURPOSE. THE DIVISION OF MILITARY AND NAVAL
AFFAIRS, IN CONJUNCTION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES,
SHALL DEVELOP AND IMPLEMENT A CHILDCARE PROGRAM TO BENEFIT MEMBERS OF
THE NEW YORK NATIONAL GUARD IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. SUCH PROGRAM SHALL PROVIDE MEMBERS OF THE NEW YORK NATIONAL
GUARD ASSISTANCE IN LOCATING, SELECTING, AND OFFSETTING THE COST OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08188-01-5
S. 5207 2
CIVILIAN CHILDCARE WHEN ON-BASE CHILDCARE IS NOT AVAILABLE TO SUCH
MEMBERS.
3. ONLINE DATABASE. IN DEVELOPING THE CHILDCARE PROGRAM PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, THE DIVISION OF MILITARY AND NAVAL
AFFAIRS, IN CONJUNCTION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES,
SHALL CREATE AN ONLINE DATABASE THAT IS ACCESSIBLE TO ALL MEMBERS OF THE
NEW YORK NATIONAL GUARD AND CHILDCARE PROVIDERS IN THE STATE, AND THAT
SHALL CONTAIN:
(A) A METHOD FOR ANY MEMBER TO SUBMIT FAMILY INFORMATION, INCLUDING
INFORMATION ON ANY ELIGIBLE CHILDREN IN SUCH MEMBER'S FAMILY, AND WHERE-
BY SUCH MEMBER MAY QUICKLY ACTIVATE A REQUEST FOR CHILDCARE UNDER THE
PROGRAM WHEN SUCH MEMBER IS CALLED TO ACTIVE SERVICE;
(B) A LIST OF ALL QUALIFYING CRITERIA, IDENTIFICATION, AND ELIGIBILITY
REQUIREMENTS THAT ARE NEEDED FOR MEMBERS TO APPLY FOR SUBSIDIES UNDER
THE PROGRAM;
(C) AN APPLICATION PROCESS FOR CHILDCARE PROVIDERS TO ENROLL IN THE
PROGRAM;
(D) A SEARCHABLE LIST OF CHILDCARE PROVIDERS THAT HAVE BEEN ACCEPTED
INTO THE PROGRAM, INCLUDING DETAILS ON EACH SUCH CHILDCARE PROVIDER THAT
THE DIVISION OF MILITARY AND NAVAL AFFAIRS AND THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL DEEM USEFUL TO MEMBERS SEEKING A CHILDCARE
PROVIDER UNDER THE PROGRAM;
(E) ELIGIBILITY REQUIREMENTS FOR CHILDCARE PROVIDERS SEEKING TO ENROLL
IN THE PROGRAM; AND
(F) A SUBSIDY CALCULATOR THE MEMBERS MAY USE TO CALCULATE THE AMOUNT
OF SUBSIDIES SUCH MEMBER IS ELIGIBLE FOR UNDER THE PROGRAM.
4. ELIGIBILITY. (A) IN ORDER FOR A MEMBER TO PARTICIPATE IN THE
PROGRAM, REQUESTED CHILDCARE FOR ELIGIBLE CHILDREN SHALL BE CONSISTENT
AND HAVE A FIXED SCHEDULE. ADDITIONALLY, NON-SCHOOL AGED CHILDREN SHALL
BE ENROLLED IN A MINIMUM OF SIX HOURS OF CARE PER WEEK DURING THE SCHOOL
YEAR, AND A MINIMUM OF SIXTEEN HOURS OF CARE PER WEEK DURING SCHOOL
SUMMER BREAKS. DROP-IN CARE SHALL NOT BE COVERED BY THE PROGRAM.
(B) THE DIVISION OF MILITARY AND NAVAL AFFAIRS, IN CONJUNCTION WITH
THE OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL DEVELOP ANY ADDITIONAL
ELIGIBILITY REQUIREMENTS FOR MEMBERS TO RECEIVE SUBSIDIES UNDER THE
PROGRAM, AND FOR CHILDCARE PROVIDERS SEEKING TO ENROLL IN THE PROGRAM.
5. SUBSIDIES. (A) AN ACTIVE SERVICE MEMBER OF THE NEW YORK NATIONAL
GUARD WHO MEETS THE ELIGIBILITY REQUIREMENTS FOR THE PROGRAM ESTABLISHED
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL BE ENTITLED TO
RECEIVE A SUBSIDY FOR USE OF A CHILDCARE PROVIDER ENROLLED IN THE
PROGRAM.
(B) THE SUBSIDY AMOUNT AUTHORIZED FOR EACH INDIVIDUAL MEMBER SHALL BE
CALCULATED BASED ON THE EXCESS MONTHLY FEE FOR THE ENROLLED CHILDCARE
PROVIDER CHOSEN BY SUCH MEMBER, AFTER APPLICATION OF ANY OTHER CHILDCARE
SUPPLEMENT RECEIVED BY SUCH MEMBER FROM THE FEDERAL DEPARTMENT OF
DEFENSE, UP TO A CAP OF SEVENTEEN HUNDRED DOLLARS PER ELIGIBLE CHILD PER
MONTH.
(C) ALL CHILDCARE COSTS SHALL BE PROCESSED DIRECTLY TO THE CHILDCARE
PROVIDER AND PROCESSED IN ACCORDANCE WITH THE PROGRAM POLICIES, DEPEND-
ENT ON SUBMISSION OF COMPLETED ATTENDANCE SHEETS. NO PAYMENTS SHALL BE
GUARANTEED UNTIL A FINAL APPROVAL CERTIFICATE HAS BEEN SENT TO BOTH THE
MEMBER AND CHILDCARE PROVIDER. IT SHALL BE THE RESPONSIBILITY OF BOTH
THE MEMBER AND CHILDCARE PROVIDER TO REVIEW ALL APPROVALS MADE FOR ACCU-
RACY AND TO REPORT ANY INACCURACIES AS SOON AS POSSIBLE.
6. DISSEMINATION OF INFORMATION. THE DIVISION OF MILITARY AND NAVAL
AFFAIRS, IN CONJUNCTION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES,
S. 5207 3
SHALL CREATE AND DISSEMINATE INFORMATIONAL MATERIALS REGARDING THE
AVAILABILITY OF AID PROVIDED UNDER THE PROGRAM TO MEMBERS OF THE NEW
YORK NATIONAL GUARD, WHICH SHALL INCLUDE INFORMATION ON WHERE AND HOW TO
APPLY FOR SUCH AID.
§ 3. 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.
