S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5739
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. TITUS, CRESPO, COOK, JAFFEE, MOSLEY -- Multi-
   Sponsored by -- M.   of A. GLICK,  GOTTFRIED,  PEOPLES-STOKES,  PERRY,
   THIELE -- read once and referred 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.
   § 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.
                                                            LBD07716-01-9
              

 A. 5739                             2
 
   § 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.
   § 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.