S T A T E O F N E W Y O R K
________________________________________________________________________
6706--B
2021-2022 Regular Sessions
I N S E N A T E
May 12, 2021
___________
Introduced by Sens. BRISPORT, PERSAUD, GOUNARDES, SALAZAR -- read twice
and ordered printed, and when printed to be committed to the Committee
on Children and Families -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the social services law, in relation to certain fami-
lies' access to child care assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 2 and 3 of section 410-w of the social
services law, as amended by chapter 569 of the laws of 2001, are amended
to read as follows:
1. A social services district may use the funds allocated to it from
the block grant to provide child care assistance to:
(a) families receiving public assistance when such child care assist-
ance is necessary: to enable a parent or caretaker relative to engage in
work, participate in work activities or perform a community service
pursuant to title nine-B of article five of this chapter; to enable a
teenage parent to attend high school or other equivalent training
program; because the parent or caretaker relative is physically or
mentally incapacitated; or because family duties away from home necessi-
tate the parent or caretaker relative's absence; child day care shall be
provided during breaks in activities, for a period of up to two weeks.
Such child day care may be authorized for a period of up to one month if
child care arrangements shall be lost if not continued, and the program
or employment is scheduled to begin within such period;
(b) families with incomes up to [two hundred percent of the state
income standard] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME who are
attempting through work activities to transition off of public assist-
ance when such child care is necessary in order to enable a parent or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11401-04-1
S. 6706--B 2
caretaker relative to engage in work provided such families' public
assistance has been terminated as a result of increased hours of or
income from employment or increased income from child support payments
or the family voluntarily ended assistance; and, provided that the fami-
ly received public assistance at least three of the six months preceding
the month in which eligibility for such assistance terminated or ended
or provided that such family has received child care assistance under
subdivision four of this section;
(c) families with incomes up to [two hundred percent of the state
income standard] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME which
are determined in accordance with the regulations of the department to
be at risk of becoming dependent on family assistance;
(d) families with incomes up to [two hundred percent of the state
income standard] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME who are
attending a post secondary educational program and working at least
seventeen and one-half hours per week; and
(e) other families with incomes up to [two hundred percent of the
state income standard] EIGHTY-FIVE PERCENT OF THE STATE MEDIAN INCOME
which the social services district designates in its consolidated
services plan as eligible for child care assistance in accordance with
criteria established by the department.
2. For the purposes of this title, the term "state [income standard]
MEDIAN INCOME" [means the most recent federal income official poverty
line (as defined and annually revised by the federal office of manage-
ment and budget) updated by the department for a family size of four and
adjusted by the department for family size] SHALL MEAN THE MOST RECENT
STATE MEDIAN INCOME AS PUBLISHED BY THE UNITED STATES CENSUS BUREAU FOR
A FAMILY OF THE SAME SIZE AS THE FAMILY APPLYING FOR CHILD CARE ASSIST-
ANCE.
3. A social services district shall guarantee child care assistance to
families in receipt of public assistance with children under thirteen
years of age when such child care assistance is necessary for a parent
or caretaker relative to engage in work or participate in work activ-
ities pursuant to the provisions of title nine-B of article five of this
chapter. Child care assistance shall continue to be guaranteed for such
a family for a period of twelve months after the month in which the
family's eligibility for public assistance has terminated or ended when
such child care is necessary in order to enable the parent or caretaker
relative to engage in work, provided that the family's public assistance
has been terminated as a result of an increase in the hours of or income
from employment or increased income from child support payments or
because the family voluntarily ended assistance; that the family
received public assistance in at least three of the six months preceding
the month in which eligibility for such assistance terminated or ended
or provided that such family has received child care assistance under
subdivision four of this section; and that the family's income does not
exceed two hundred percent of the [state income standard] FEDERAL POVER-
TY LEVEL. Such child day care shall recognize the need for continuity of
care for the child and a district shall not move a child from an exist-
ing provider unless the participant consents to such move.
§ 2. Subdivision 2 of section 410-u 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:
2. The state block grant for child care shall be divided into two
parts pursuant to a plan developed by the department and approved by the
director of the budget. One part shall be retained by the state to
S. 6706--B 3
provide child care on a statewide basis to special groups and for
activities to increase the availability and/or quality of child care
programs, including, but not limited to, the start-up of child care
programs, the operation of child care resource and referral programs,
training activities, the regulation and monitoring of child care
programs, the development of computerized data systems, and consumer
education, provided however, that child care resource and referral
programs funded under title five-B of article six of this chapter shall
meet additional performance standards developed by the department of
social services including but not limited to: increasing the number of
child care placements for persons who are at or below [two hundred]
EIGHTY-FIVE percent of the state MEDIAN income [standard] with emphasis
on placements supporting local efforts in meeting federal and state work
participation requirements, increasing technical assistance to all
modalities of legal child care to persons who are at or below [two
hundred] EIGHTY-FIVE percent of the state MEDIAN income [standard],
including the provision of training to assist providers in meeting child
care standards or regulatory requirements, and creating new child care
opportunities, and assisting social services districts in assessing and
responding to child care needs for persons at or below [two hundred]
EIGHTY-FIVE percent of the state MEDIAN income [standard]. The depart-
ment shall have the authority to withhold funds from those agencies
which do not meet performance standards. Agencies whose funds are with-
held may have funds restored upon achieving performance standards. The
other part shall be allocated to social services districts to provide
child care assistance to families receiving family assistance and to
other low income families.
§ 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 by the commissioner of the office of children and family
services on or before such effective date.
