NY State Senate Bill 2013-S5427

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to social services
May 16, 2013	referred to social services

2013-S5427 (ACTIVE) - Details

See Assembly Version of this Bill:: A9482
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §§131, 332 & 336-d, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9700
2015-2016: S2617, A4410
2017-2018: S2307, A5190
2019-2020: S4267, A5739
2021-2022: S4803
2023-2024: S6037

2013-S5427 (ACTIVE) - Summary

Relates to recipients of public assistance who lack appropriate child care.

2013-S5427 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5427

TITLE OF BILL:  An act to amend the social services law, in relation
to recipients of public assistance who lack appropriate child care

PURPOSE OR GENERAL IDEA OF BILL: Requires that no applicant for or
recipient of an eligible child shall be subject to ineligibility
provisions if the lack of child care that is appropriate prevents the
individual from abiding by the requirements.

SUMMARY OF SPECIFIC PROVISIONS: The social services law is amended by
adding a new subdivision 5 of section 131, as added by section II of
part B of chapter 436 of the laws of 1997, that provides that no
applicant or recipient who is a parent or caretaker relative of an
eligible child shall be subject to the ineligibility provisions of
social service law if the lack of child care that is appropriate,
suitable, and within a reasonable distance, and reflects parental
preferences prevents the individual from complying with existing
requirements.

Section 2 paragraph (e) of subdivision 1 of section 332 as amended by
section 148 of part B of chapter 436 is amended and a new paragraph
(f) is added to read as follows: the parent or caretaker of an
eligible child, shall not be deemed ineligible for public assistance
during the period of time of which such participation in work
activities is prevented by the lack of appropriate child care that is

appropriate, suitable, and within a reasonable distance, reflective of
the child care preferences included in the parent's assessment.

Section 3, subdivision 1 of section 336-d of the social services law,
as added by section 148 of part B of chapter 436 of the laws of 1997,
provides that no applicant or recipient who is a parent or caretaker
relative of an eligible child shall be subject, to the ineligibility
provisions of social service law if the lack of child care that is
appropriate, suitable, and within a reasonable distance, and reflects
parental preferences prevents the individual from complying with
existing requirements.

JUSTIFICATION:  The federal Temporary Assistance for Needy Families
(TANF) program provides assistance to low-income families with
children to achieve self-sufficiency. At the end of 2011, the total
number of recipients receiving TANF in New York was 278,632. Under the
federal welfare law, states are required to ensure that a set
percentage of recipients participate in work activities.

This legislation clarifies state policies related to the rights of
public assistance recipients transitioning to self sufficiency through
work and, by doing so, it will reduce the number of families living in
poverty by helping them secure employment and ensuring that local
social services districts make the appropriate resources available to
the parents and the caretakers of children who are on public
assistance.

This legislation conforms with existing federal regulations that
include a provision stating that a "refusal to work when an acceptable
form of child care is available is not protected from sanctioning."


PRIOR LEGISLATIVE HISTORY:  2012: A.9700 - Referred to Social Services

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: This act shall take effect on the 120th day after
enactment.

2013-S5427 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5427

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation  to  recipients  of
  public assistance who lack appropriate child care

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

  Section 1. Subdivision 5 of section 131 of the social services law, as
added by section 11 of part B of chapter 436 of the  laws  of  1997,  is
amended to read as follows:
  5.  No public assistance shall be given to an applicant for or recipi-
ent of public assistance who has failed to comply with the  requirements
of  this chapter, or has refused to accept employment in which he or she
is able to engage.  EXCEPT THAT NO APPLICANT OR  RECIPIENT  WHO  IS  THE
PARENT  OR  CARETAKER  RELATIVE OF AN ELIGIBLE CHILD SHALL BE SUBJECT TO
THE INELIGIBILITY PROVISIONS OF THIS CHAPTER IF THE LACK OF  CHILD  CARE
THAT  IS  APPROPRIATE,  SUITABLE,  AND WITHIN A REASONABLE DISTANCE, AND
REFLECTS PARENTAL PREFERENCES PREVENTS  THE  INDIVIDUAL  FROM  COMPLYING
WITH THE REQUIREMENTS THEREIN.
  S  2.  Paragraph  (e)  of  subdivision  1 of section 332 of the social
services law, as amended by section 148 of part B of chapter 436 of  the
laws  of  1997,  is  amended and a new paragraph (f) is added to read as
follows:
  (e) a woman who is  pregnant,  beginning  thirty  days  prior  to  the
medically verified date of delivery of her child[.];
  (F)  THE  PARENT  OR  CARETAKER RELATIVE OF AN ELIGIBLE CHILD, FOR THE
PERIOD OF TIME DURING WHICH SUCH PARTICIPATION IS PREVENTED BY THE  LACK
OF  CHILD  CARE  THAT  IS  APPROPRIATE, SUITABLE AND WITHIN A REASONABLE
DISTANCE, AND THAT IS REFLECTIVE OF THE CHILD CARE PREFERENCES  INCLUDED
IN THE PARENT'S ASSESSMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02043-01-3

S. 5427                             2

  S  3.  Subdivision  1  of section 336-d of the social services law, as
added by section 148 of part B of chapter 436 of the laws  of  1997,  is
amended to read as follows:
  1.  Each  applicant  for or recipient of public assistance shall, upon
request of the social services official, demonstrate that he or  she  is
engaged  in  an active and continuing effort to achieve self-sufficiency
as defined by the department.   Such effort shall  include  but  not  be
limited  to  an  active  and  continuing  search  for employment, or for
persons otherwise exempt in accordance with section three hundred  thir-
ty-two  of  this  title,  and  where  deemed  appropriate  by the social
services official, activities that foster  preparation  for  employment.
Each  such  applicant  or  recipient  shall  have an affirmative duty to
accept any offer of lawful employment in which he or she may engage. The
failure of a social services district to assign applicants  and  recipi-
ents to activities pursuant to this title shall not relieve such persons
from  the  requirements    of  this  section. An individual who fails to
comply with the requirements of the section  shall  be  subject  to  the
provisions  set forth in subdivision five of section one hundred thirty-
one of this chapter and [of section] SECTIONS  three  hundred  forty-one
and  three  hundred forty-two of this title. EXCEPT THAT NO APPLICANT OR
RECIPIENT WHO IS THE PARENT OR CARETAKER RELATIVE OF AN  ELIGIBLE  CHILD
SHALL  BE SUBJECT TO THE INELIGIBILITY PROVISIONS OF THIS SECTION IF THE
LACK OF CHILD CARE THAT IS APPROPRIATE, SUITABLE, AND WITHIN  A  REASON-
ABLE  DISTANCE  PREVENTS  THE  INDIVIDUAL  FROM  COMPLYING WITH THE WORK
REQUIREMENTS OF THIS SECTION.
  S 4. This act shall take effect on the one hundred twentieth 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 is authorized to be made on or
before such date.

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Senate Bill S5427

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee

2013-S5427 (ACTIVE) - Details

2013-S5427 (ACTIVE) - Summary

2013-S5427 (ACTIVE) - Sponsor Memo

2013-S5427 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5427

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Social Services Committee

2013-S5427 (ACTIVE) - Details

2013-S5427 (ACTIVE) - Summary

2013-S5427 (ACTIVE) - Sponsor Memo

2013-S5427 (ACTIVE) - Bill Text download pdf

Comments