§ 410. Day care; when public welfare official to furnish. 1. A public
welfare official of a county, city or town is authorized, provided funds
have been made available therefor, to provide day care at public expense
for children residing in his territory who are eligible therefor
pursuant to provisions of this title. Such care may be provided only in
cases where it is determined, under criteria established by the office
of children and family services, that there is a need and that such care
is in the best interest of the child and parent; provided however that
the public welfare official shall not be required to limit authorized
child care services strictly based on the work, training, or educational
schedule of the parents or the number of hours the parents spend in
work, training, or educational activities. 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. The furnishing of such care is hereby declared to be a proper
municipal purpose for which the monies of a county, city or town may be
raised and expended. A county, city or town may receive and expend
monies from the state, the federal government or private individuals,
corporations or associations for furnishing such care.

3. (a) Day care under this title shall mean care in a group facility,
in a family home, in a group family day care home or in a day care
center project as defined in title five-a of this article for part of
the day. Day care may be provided by a social services official either
directly or through purchase. Purchase of such care may be made only
from a private non-profit corporation or association except when the
commissioner shall have approved the purchase of such care from private
proprietary facilities by a social services official who has
demonstrated that conveniently accessible non-profit facilities are
inadequate to provide required care. Purchase of such care may also be
made from a school district in accordance with state and federal
requirements pursuant to a contract between the social services district
and the school district.

(b) Care under this title may be provided only in group facilities,
family homes, group family day care homes or in a day care center
project as defined in title five-a which are operated in compliance with
applicable regulations of the office of children and family services. A
group facility shall include a public school which provides day care
pursuant to this subdivision.

(c) Except as hereinafter provided, care under this title shall not
include care, supervision, training or participation in kindergartens,
nursery schools or other schools, classes or activities operated or
conducted by public or private schools. However such care shall include
day care provided by a school district pursuant to the provisions of
this subdivision and subdivision thirty-three of section sixteen hundred
four of the education law in accordance with a contract entered into
between such school district and a social services district.

(d) The commissioner shall encourage social services districts and day
care providers to offer flexible hours of day care. Each provider may
provide a flexible schedule in accordance with the rules and regulations
of the commissioner and an application for day care services shall not
be denied solely by reason of the time of day or days that care will be
required provided that an available day care provider can accommodate
such hours or days of care in accordance with such regulations.

4. The provisions of this title shall not apply to child care
assistance provided under title five-C of this article.