S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6037
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD07528-01-3
 S. 6037                             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 are authorized to be  made  and
 completed on or before such effective date.