S T A T E   O F   N E W   Y O R K
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                                 3498--A
                                                         Cal. No. 68

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of  A. PEOPLES-STOKES, MAYER, CLARK, ROZIC -- Multi-
  Sponsored by -- M.   of A. GALEF -- read  once  and  referred  to  the
  Committee on Children and Families -- passed by Assembly and delivered
  to  the  Senate,  recalled  from  the  Senate, vote reconsidered, bill
  amended, ordered reprinted, retaining its place on the order of  third
  reading

AN  ACT to amend the social services law, in relation to notice require-
  ments to families and providers when funding cuts are made

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  34-a  of  the  social services law is amended by
adding a new subdivision 9 to read as follows:
  9. (A) IN ORDER TO ALLOW FAMILIES TIME  TO  PROPERLY  PLAN  FOR  THEIR
FINANCIAL  NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF THEIR
CHILDREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND
ITS CONSOLIDATED SERVICES PLAN, SUBMITS AN ANNUAL PLAN UPDATE, OR  TAKES
ANY  OTHER  ACTION  THAT WOULD LOWER THE FINANCIAL ELIGIBILITY LEVEL FOR
CHILD CARE ASSISTANCE SO THAT FAMILIES RECEIVING  SUBSIDIES  WOULD  LOSE
ELIGIBILITY  THEREFORE,  THE LOCAL SOCIAL SERVICES DISTRICT SHALL NOTIFY
THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THAT FACT AT  LEAST  SIXTY
DAYS  BEFORE  THE  EFFECTIVE  DATE OF THE PROPOSED CHANGE IN ELIGIBILITY
LEVEL. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL POST  NOTICE  OF
THE  PROPOSED CHANGE ON THE OFFICE'S WEBSITE WITHIN FIVE DAYS OF RECEIV-
ING SAID NOTICE, AND WITHIN TWENTY DAYS OF RECEIVING SAID  NOTICE  SHALL
NOTIFY  ALL LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD CARE PROVIDERS
IN THE AFFECTED DISTRICT, THE STATE CHILD  CARE  RESOURCE  AND  REFERRAL
AGENCY,  THE  LOCAL  CHILD CARE RESOURCE AND REFERRAL AGENCY, AS WELL AS
ALL CERTIFIED EMPLOYEE ORGANIZATIONS REPRESENTING  LICENSED,  REGISTERED
AND  LEGALLY-EXEMPT  CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT. SAID
NOTICE MAY BE MADE BY E-MAIL OR REGULAR MAIL IN THE FORM OF A LETTER  OR
POSTCARD,  AND  SHALL  INFORM  THE RECIPIENT OF THE DATE OF THE PROPOSED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03983-02-3

A. 3498--A                          2

CHANGE AND A DESCRIPTION OF THE PROPOSED CHANGE. THE NOTICE  SHALL  ALSO
REQUEST  THAT  CHILD  CARE PROVIDERS THAT RECEIVE THE NOTICE IMMEDIATELY
POST THE NOTICE IN A PLACE WHICH IS LIKELY TO BE SEEN  BY  THE  FAMILIES
WHO  HAVE  CHILDREN  IN  THE PROVIDER'S CARE AND THAT CERTIFIED EMPLOYEE
ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGALLY-EXEMPT CHILD
CARE PROVIDERS IN THE AFFECTED DISTRICT POST THE NOTICE ON  THEIR  OFFI-
CIAL  WEBSITE.   THIS NOTICE SHALL NOT BE CONSIDERED AS A SUBSTITUTE FOR
ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW.
  (B) IN ORDER TO ALLOW FAMILIES TIME TO PROPERLY PLAN FOR THEIR  FINAN-
CIAL NEEDS AND FOR THE SAFETY, SOCIAL AND EMOTIONAL NEEDS OF THEIR CHIL-
DREN, IN THE EVENT THAT A SOCIAL SERVICES DISTRICT PROPOSES TO AMEND ITS
CONSOLIDATED  SERVICES  PLAN  OR  TO  SUBMIT  AN ANNUAL PLAN UPDATE THAT
INCREASES THE PARENTAL CO-PAYMENT MULTIPLIER FOR CHILD  CARE  ASSISTANCE
SO  THAT  FAMILIES RECEIVING SUBSIDIES WOULD PAY AN INCREASED PERCENTAGE
OF THEIR INCOME AS A CHILD CARE CO-PAYMENT, THE  LOCAL  SOCIAL  SERVICES
DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THAT
FACT  AT  LEAST  SIXTY  DAYS  BEFORE  THE EFFECTIVE DATE OF THE PROPOSED
CHANGE IN ELIGIBILITY LEVEL. THE OFFICE OF CHILDREN AND FAMILY  SERVICES
SHALL  POST NOTICE OF THE PROPOSED CHANGE ON THE OFFICE'S WEBSITE WITHIN
FIVE DAYS OF RECEIVING SAID NOTICE, AND WITHIN TWENTY DAYS OF  RECEIVING
SAID  NOTICE  SHALL  NOTIFY  ALL LICENSED, REGISTERED AND LEGALLY-EXEMPT
CHILD CARE PROVIDERS IN THE AFFECTED  DISTRICT,  THE  STATE  CHILD  CARE
RESOURCE AND REFERRAL AGENCY, THE LOCAL CHILD CARE RESOURCE AND REFERRAL
AGENCY,  AS  WELL  AS  ALL CERTIFIED EMPLOYEE ORGANIZATIONS REPRESENTING
LICENSED, REGISTERED AND LEGALLY-EXEMPT  CHILD  CARE  PROVIDERS  IN  THE
AFFECTED DISTRICT.  SAID NOTICE MAY BE MADE BY E-MAIL OR REGULAR MAIL IN
THE  FORM OF A LETTER OR POSTCARD, AND SHALL INFORM THE RECIPIENT OF THE
DATE OF THE PROPOSED CHANGE AND A DESCRIPTION OF  THE  PROPOSED  CHANGE.
THE NOTICE SHALL ALSO REQUEST THAT CHILD CARE PROVIDERS THAT RECEIVE THE
NOTICE IMMEDIATELY POST THE NOTICE IN A PLACE WHICH IS LIKELY TO BE SEEN
BY THE FAMILIES WHO HAVE CHILDREN IN THE PROVIDER'S CARE AND THAT CERTI-
FIED EMPLOYEE ORGANIZATIONS REPRESENTING LICENSED, REGISTERED AND LEGAL-
LY-EXEMPT  CHILD CARE PROVIDERS IN THE AFFECTED DISTRICT POST THE NOTICE
ON THEIR OFFICIAL WEBSITE.  THIS NOTICE SHALL NOT  BE  CONSIDERED  AS  A
SUBSTITUTE FOR ANY NOTICE TO PARENTS WHICH IS REQUIRED BY LAW.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.