S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5397
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Children and Families
 
 AN ACT to amend the social services law, in relation to requiring social
   services districts to maintain a  waiting  list  of  certain  families
   applying for child care assistance

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 410-z of the  social  services  law,  as  added  by
 section  52  of part B of chapter 436 of the laws of 1997, is amended to
 read as follows:
   § 410-z. Reporting requirements.  1.  Each  social  services  district
 shall  collect  and  submit  to  the [department] OFFICE OF CHILDREN AND
 FAMILY SERVICES, in such form and at such times as    specified  by  the
 [department]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, such data and
 information regarding child  care assistance provided  under  the  block
 grant  as  the  [department]  OFFICE OF CHILDREN AND FAMILY SERVICES may
 need to comply with federal reporting requirements.
   2.  (A) EACH SOCIAL SERVICES DISTRICT SHALL MAINTAIN A WAITING LIST OF
 ELIGIBLE FAMILIES WHO HAVE APPLIED FOR CHILD CARE ASSISTANCE PURSUANT TO
 THIS TITLE AND WHO HAVE NOT RECEIVED SUCH ASSISTANCE. SUCH WAITING  LIST
 SHALL CONTAIN INFORMATION INCLUDING, BUT NOT LIMITED TO:
   (I) THE DATE THE CHILD CARE ASSISTANCE WAS REQUESTED;
   (II) THE DATE THE CHILD CARE ASSISTANCE WAS RECEIVED;
   (III) THE AGE OF THE CHILD OR CHILDREN THE ASSISTANCE WAS REQUESTED ON
 BEHALF OF; AND
   (IV) THE TOTAL NUMBER OF FAMILIES ON SUCH WAITING LIST AS OF THE FIRST
 DAY OF EACH MONTH.
   (B)  EACH  DISTRICT SHALL ISSUE A REPORT TO THE OFFICE OF CHILDREN AND
 FAMILY SERVICES BY OCTOBER FIFTEENTH, TWO THOUSAND TWENTY-TWO, AND ANNU-
 ALLY THEREAFTER DETAILING MONTH-TO-MONTH INFORMATION  REQUIRED  PURSUANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02826-01-1
              

 A. 5397                             2
 
 TO  THIS  SUBDIVISION  FOR THE PRECEDING PERIOD OF OCTOBER FIRST THROUGH
 SEPTEMBER THIRTIETH, AND SHALL INCLUDE THE FOLLOWING:
   (I) THE AVERAGE LENGTH OF TIME FOR FAMILIES ON THE WAITING LIST;
   (II)  THE  NUMBER  OF  FAMILIES  ON  THE  WAITING LIST FOR EACH OF THE
 FOLLOWING TIME PERIODS:
   (A) LESS THAN TWO WEEKS,
   (B) TWO WEEKS TO LESS THAN A MONTH,
   (C) ONE MONTH TO LESS THAN THREE MONTHS,
   (D) THREE MONTHS TO LESS THAN SIX MONTHS,
   (E) SIX MONTHS TO LESS THAN A YEAR, AND
   (F) ONE YEAR OR MORE;
   (III) THE AVERAGE AGE OF CHILDREN REPRESENTED ON THE WAITING LIST;
   (IV) THE NUMBER OF CHILDREN REPRESENTED ON THE WAITING  LIST  ELIGIBLE
 FOR EACH:
   (A) INFANT,
   (B) TODDLER,
   (C) PRE-SCHOOL, AND
   (D) SCHOOL-AGED SUBSIDIZED CHILD CARE SLOTS; AND
   (V) THE NUMBER OF EXISTING INFANT, TODDLER, PRE-SCHOOL AND SCHOOL-AGED
 SUBSIDIZED CHILD CARE SLOTS;
   (VI)  THE  NUMBER  OF FAMILIES WHO WOULD RECEIVE CHILD CARE ASSISTANCE
 EXCEPT THAT THEY ARE WAITING FOR AVAILABLE SLOTS IN A  PARTICULAR  CHILD
 CARE PROGRAM; AND
   (VII) OTHER INFORMATION AS THE DISTRICT DEEMS APPROPRIATE.
   (C)  FOR PURPOSES OF THIS SUBDIVISION, "ELIGIBLE FAMILY" SHALL INCLUDE
 ALL FAMILIES WITH INCOMES AT OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL
 POVERTY LEVEL, AS MOST RECENTLY REPORTED BY THE  FEDERAL  DEPARTMENT  OF
 HEALTH  AND HUMAN SERVICES, WHO ARE OTHERWISE ELIGIBLE, BUT WHO MAY HAVE
 BEEN DENIED ASSISTANCE BECAUSE THE LOCAL SOCIAL SERVICES  DISTRICT  DOES
 NOT  HAVE  ENOUGH  FUNDS TO SERVE ALL ELIGIBLE FAMILIES AND HAS OPTED TO
 APPLY ITS FUNDS TO LOWER INCOME FAMILIES AS A PRIORITY POPULATION.
   3. (A) EACH SOCIAL SERVICES DISTRICT SHALL COLLECT DATA REGARDING  THE
 INCOME  OF  FAMILIES  WHO  APPLIED FOR CHILD CARE ASSISTANCE PURSUANT TO
 THIS TITLE, SPECIFYING:
   (I) THE NUMBER OF FAMILIES WHO WERE DENIED;
   (II) THE NUMBER OF FAMILIES WHO RECEIVED SUCH ASSISTANCE; AND
   (III) A LISTING OF THE INCOMES  PURSUANT  TO  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION OF THE FAMILIES WHO APPLIED FOR SUCH ASSISTANCE.
   (B)  EACH  DISTRICT SHALL ISSUE A REPORT TO THE OFFICE OF CHILDREN AND
 FAMILY SERVICES BY OCTOBER FIFTEENTH, TWO THOUSAND TWENTY-TWO, AND ANNU-
 ALLY THEREAFTER, DETAILING MONTH-TO-MONTH INFORMATION COLLECTED PURSUANT
 TO THIS SUBDIVISION FOR THE PRECEDING PERIOD OF  OCTOBER  FIRST  THROUGH
 SEPTEMBER THIRTIETH, AND SHALL INCLUDE THE FOLLOWING:
   (I) THE NUMBER OF ALL FAMILIES WHO APPLIED FOR AND RECEIVED CHILD CARE
 ASSISTANCE PURSUANT TO THIS TITLE WHOSE:
   (A)  INCOMES WERE UNDER ONE HUNDRED ONE PERCENT OF THE FEDERAL POVERTY
 LEVEL FOR THEIR FAMILY SIZE AND WERE IN RECEIPT OF CASH  PUBLIC  ASSIST-
 ANCE;
   (B)  INCOMES WERE UNDER ONE HUNDRED ONE PERCENT OF THE FEDERAL POVERTY
 LEVEL FOR THEIR FAMILY SIZE AND WERE  NOT  IN  RECEIPT  OF  CASH  PUBLIC
 ASSISTANCE;
   (C) INCOMES WERE BETWEEN ONE HUNDRED ONE PERCENT AND ONE HUNDRED TWEN-
 TY-FIVE PERCENT OF THE FEDERAL POVERTY LEVEL FOR THEIR FAMILY SIZE;
   (D)  INCOMES WERE BETWEEN ONE HUNDRED TWENTY-SIX AND ONE HUNDRED FIFTY
 PERCENT OF THE FEDERAL POVERTY LEVEL FOR THEIR FAMILY SIZE;

 A. 5397                             3
 
   (E) INCOMES WERE BETWEEN ONE HUNDRED FIFTY-ONE PERCENT AND ONE HUNDRED
 SEVENTY-FIVE PERCENT OF THE FEDERAL POVERTY LEVEL FOR THEIR FAMILY SIZE;
 AND
   (F)  INCOMES  WERE  BETWEEN  ONE  HUNDRED  SEVENTY-SIX AND TWO HUNDRED
 PERCENT OF THE FEDERAL POVERTY LEVEL FOR THEIR FAMILY SIZE; AND
   (II) THE NUMBER OF ALL FAMILIES WHO APPLIED FOR AND WERE DENIED  CHILD
 CARE ASSISTANCE PURSUANT TO THIS TITLE WHOSE:
   (A)  INCOMES WERE UNDER ONE HUNDRED ONE PERCENT OF THE FEDERAL POVERTY
 LEVEL FOR THEIR FAMILY SIZE, AND WHO WERE  IN  RECEIPT  OF  CASH  PUBLIC
 ASSISTANCE;
   (B)  INCOMES WERE UNDER ONE HUNDRED ONE PERCENT OF THE FEDERAL POVERTY
 LEVEL FOR THEIR FAMILY SIZE AND WHO WERE NOT IN RECEIPT OF  CASH  PUBLIC
 ASSISTANCE;
   (C) INCOMES WERE BETWEEN ONE HUNDRED ONE PERCENT AND ONE HUNDRED TWEN-
 TY-FIVE PERCENT OF THE FEDERAL POVERTY LEVEL FOR THEIR FAMILY SIZE;
   (D)  INCOMES  WERE  BETWEEN  ONE  HUNDRED  TWENTY-SIX  PERCENT AND ONE
 HUNDRED FIFTY PERCENT OF THE FEDERAL  POVERTY  LEVEL  FOR  THEIR  FAMILY
 SIZE;
   (E) INCOMES WERE BETWEEN ONE HUNDRED FIFTY-ONE PERCENT AND ONE HUNDRED
 SEVENTY-FIVE PERCENT OF THE FEDERAL POVERTY LEVEL FOR THEIR FAMILY SIZE;
 AND
   (F)  INCOMES  WERE  BETWEEN  ONE  HUNDRED  SEVENTY-SIX AND TWO HUNDRED
 PERCENT OF THE FEDERAL POVERTY LEVEL FOR THEIR FAMILY SIZE; AND
   (III) ANY OTHER INFORMATION AS  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES DEEMS APPROPRIATE.
   4.  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES SHALL COMPILE SUCH
 REPORTS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO, AND PARAGRAPH  (B)
 OF  SUBDIVISION  THREE  OF  THIS  SECTION, INTO ONE COMPREHENSIVE REPORT
 CONTAINING ALL REQUIRED INFORMATION ON A COUNTY BY  COUNTY  BASIS.  SUCH
 REPORT  SHALL  BE PROVIDED TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY,
 THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIRPERSON OF  THE  ASSEMBLY
 COMMITTEE  ON  CHILDREN  AND  FAMILIES,  THE  CHAIRPERSON  OF THE SENATE
 COMMITTEE ON CHILDREN AND FAMILIES,  THE  CHAIRPERSON  OF  THE  ASSEMBLY
 COMMITTEE ON SOCIAL SERVICES, THE CHAIRPERSON OF THE SENATE COMMITTEE ON
 SOCIAL  SERVICES, THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMIT-
 TEE AND THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE  NO  LATER  THAN
 DECEMBER FIRST, TWO THOUSAND TWENTY-TWO, AND ANNUALLY THEREAFTER.
   §  2.  Nothing  in this act shall be construed to require local social
 services districts to maintain waiting lists  for  dates  preceding  the
 effective date of this act, or to collect data pursuant to subdivision 3
 of  section 410-z of the social services law, as added by section one of
 this act, for persons who applied for subsidized child care prior to the
 effective date of this act.
   § 3. This act shall take effect October 1, 2021.  Effective immediate-
 ly, 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.