NY State Senate Bill 2021-S8962

Senate Bill S8962

2021-2022 Legislative Session

Provides that the state shall make reasonable efforts to obtain federal funding for child care expenses and prohibits limiting authorized child care services based on proof of immigration status

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Archive: Last Bill Status - In Senate Committee Children And Families 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
May 02, 2022	referred to children and families

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2021-S8962 (ACTIVE) - Details

See Assembly Version of this Bill:: A10385
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§410 & 410-w, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S4522

2021-S8962 (ACTIVE) - Summary

Provides that the state shall make reasonable efforts to obtain federal funding for child care expenses; prohibits limiting authorized child care services based on proof of immigration status; authorizes self-attestation as an approved form of verification of employment status and income.

2021-S8962 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8962

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the social services law, in relation to removing unnec-
essary barriers to child care subsidies for eligible children and fami-
lies

 
SUMMARY OF PROVISIONS:

Section one amends subdivision one of section 410 of the social services
law, so that public welfare officials shall not limit authorized child
care services based on proof of immigration status.

Section two provides that self-attestation forms for parents shall be
accepted forms of verification of employment status and income.

 
JUSTIFICATION:

Even though child care is education, and the 1982 United States Supreme
Court decision of Plyler v. Doe ruled that it is illegal to deny undocu-

mented children a K-12 education, discrimination in the provision of
child care continues to this day. This bill will clarify that proof of
immigration status is not required for the receipt of child care subsi-
dies.

Burdensome documentation, not required under federal law, to establish
income eligibility has also impeded access to child care, especially for
parents who work in the "gig economy" or are otherwise unable to provide
the required documentation to verify their work status or income level.
This bill will also expand access for those entitled to subsidies by
permitting self-attestation of income eligibility and work status.

These barriers to access have significantly contributed to New York's
low utilization rates for child care. Increasing the utilization of
subsidies will help stabilize the child care industry by delivering more
funds to providers to keep their doors open, and to workers in the form
of higher wages. Ultimately removing barriers will contribute to the
revitalization of the economy by ensuring adults with families are able
to remain the workforce.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S8962 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8962
 
                             I N  S E N A T E
 
                                May 2, 2022
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to removing  unnec-
   essary  barriers  to  child  care  subsidies for eligible children and
   families
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 410 of the social services law, as
 added by chapter 395 of the laws of 1965, is amended to read as follows:
   1.    A  public welfare official of a county, city or town [is author-
 ized] SHALL, provided funds have been made available therefor[, to]  AND
 WITH  THE  STATE MAKING ALL REASONABLE EFFORTS TO OBTAIN FEDERAL FUNDING
 AND SUPPLEMENTING SUCH FUNDING WITH ADDITIONAL  STATE  FUNDING,  provide
 day care at public expense for children residing in his OR HER territory
 who  are  eligible  therefor pursuant to provisions of this title.  Such
 care [may] SHALL be provided [only in cases  where  it  is  determined,]
 under  criteria  established  by  the  [department, that there is a need
 therefor because of inability of the parents to provide care and  super-
 vision  for  a  substantial part of the day and that such care is in the
 best interest of the child and parent] OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES;  PROVIDED, HOWEVER, THAT THE PUBLIC WELFARE OFFICIAL SHALL NOT
 LIMIT AUTHORIZED CHILD CARE  SERVICES  BASED  ON  PROOF  OF  IMMIGRATION
 STATUS.    Where  the  family is able to pay part or all of the costs of
 such care, payment of such fees as may be reasonable  in  the  light  of
 such ability shall be required.
   §  2.  Section 410-w of the social services law is amended by adding a
 new subdivision 11 to read as follows:
   11. FOR PURPOSES OF DETERMINING EMPLOYMENT STATUS  AND  INCOME,  LOCAL
 SOCIAL  SERVICES DISTRICTS SHALL ACCEPT SELF-ATTESTATION FROM PARENTS OR
 GUARDIANS AS AN APPROVED FORM OF VERIFICATION OF EMPLOYMENT  STATUS  AND
 INCOME.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15609-01-2

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Senate Bill S8962

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Sponsored By

Jabari Brisport