S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4099
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the social services law, in relation to  establishing  a
   statewide  presumptive  eligibility  standard for the receipt of child
   care assistance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (d) and (e) of subdivision 1 of section 410-w of
 the social services law, as amended by section 2 of part L of chapter 56
 of  the  laws  of  2022, are amended and a new paragraph (f) is added to
 read as follows:
   (d) families with incomes up to  two  hundred  percent  of  the  state
 income  standard,  or three hundred percent of the state income standard
 effective August first, two thousand twenty-two,  who  are  attending  a
 post secondary educational program; provided, the family income does not
 exceed eighty-five percent of the state median income; [and]
   (e) other families with incomes up to two hundred percent of the state
 income  standard,  or three hundred percent of the state income standard
 effective August  first,  two  thousand  twenty-two,  which  the  social
 services district designates in its consolidated services plan as eligi-
 ble for child care assistance in accordance with criteria established by
 the  department; provided, the family income does not exceed eighty-five
 percent of the state median income[.]; AND
   (F) FAMILIES RECEIVING  CHILD  CARE  ASSISTANCE  UNDER  A  PRESUMPTIVE
 ELIGIBILITY STANDARD, PURSUANT TO SUBDIVISION THREE-A OF THIS SECTION.
   §  2.  Section 410-w of the social services law is amended by adding a
 new subdivision 3-a to read as follows:
   3-A. (A) A SOCIAL SERVICES DISTRICT SHALL UTILIZE A PRESUMPTIVE ELIGI-
 BILITY STANDARD TO PROVIDE CHILD CARE ASSISTANCE TO FAMILIES IN NEED.
   (B) UPON APPLICATION FOR CHILD CARE ASSISTANCE, WITH INCLUDED DOCUMEN-
 TATION REQUIRED BY A LOCAL SOCIAL SERVICES DISTRICT, A FAMILY  SHALL  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04768-01-3
              

 A. 4099                             2
 
 PRESUMED  ELIGIBLE  FOR  SUCH ASSISTANCE FOR A PERIOD OF THIRTY TO SIXTY
 DAYS. A LOCAL SOCIAL SERVICES DISTRICT SHALL MAKE  ELIGIBILITY  DETERMI-
 NATIONS WITHIN THIRTY TO SIXTY DAYS, TO ENSURE APPLICANTS MEET NECESSARY
 CRITERIA FOR CONTINUED ASSISTANCE.
   (C)  IF  A  SOCIAL SERVICES DISTRICT HAS NOT MADE ELIGIBILITY DETERMI-
 NATIONS AFTER A PERIOD OF THIRTY TO SIXTY DAYS  HAS  ELAPSED,  A  FAMILY
 SHALL  CONTINUE  TO BE PRESUMED ELIGIBLE FOR ASSISTANCE. FOR ELIGIBILITY
 DETERMINATIONS MADE AFTER SUCH A PERIOD HAS ELAPSED,  THE  LOCAL  SOCIAL
 SERVICES  DISTRICT  SHALL UTILIZE LOCAL FUNDS FOR SUCH ASSISTANCE DURING
 THE PERIOD OF PRESUMED ELIGIBILITY.
   (D) IF A FAMILY HAS BEEN DETERMINED TO BE PRESUMPTIVELY  ELIGIBLE  FOR
 CHILD CARE ASSISTANCE, PURSUANT TO THIS SUBDIVISION, AND IS SUBSEQUENTLY
 DETERMINED  TO  BE  INELIGIBLE  FOR  SUCH  ASSISTANCE,  THE LOCAL SOCIAL
 SERVICES DISTRICT SHALL HAVE THE AUTHORITY TO UTILIZE BLOCK GRANT  FUNDS
 FOR SUCH ASSISTANCE DURING THE PERIOD OF PRESUMED ELIGIBILITY.
   (E)  A SOCIAL SERVICES DISTRICT SHALL PROVIDE CHILD CARE ASSISTANCE TO
 FAMILIES UNDER A PRESUMPTIVE  ELIGIBILITY  STANDARD,  USING  CHILD  CARE
 BLOCK  GRANT FUNDS, PURSUANT TO PARAGRAPH (F) OF SUBDIVISION ONE OF THIS
 SECTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.