§ 410-w. Eligible families. 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
assistance 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
necessitate the parent or caretaker relative's absence; child day care
shall be provided during breaks in activities. Such child day care shall
be authorized for the period designated by the regulations of the
department;

(b) families with incomes up to eighty-five percent of the state
median income who are attempting through work activities to transition
off of public assistance when such child care is necessary in order to
enable a parent or 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; provided
that the family 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 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 eighty-five percent of the state
median income, who are attending a post secondary educational program;
and

(e) other families with incomes up to eighty-five percent of the state
median income in accordance with criteria established by the department.

2. For the purposes of this title, the term "state income standard"
means the most recent federal income official poverty line (as defined
and annually revised by the federal office of management and budget)
updated by the department for a family size of four and adjusted by the
department for family size.

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
activities 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 or, upon approval by the
office, may be provided by a social services district for a period up to
twenty-four 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
eighty-five percent of the state median income. 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 existing provider unless the
participant consents to such move.

3-a. A local social services district may, upon notification to the
office, utilize a presumptive eligibility standard to provide child care
assistance, in accordance with this subdivision. The office of children
and family services shall issue guidance regarding the preliminary
eligibility criteria to be used by local social services districts
utilizing a presumptive eligibility standard.

(a) A local social services district opting to utilize a presumptive
eligibility standard, shall, upon receipt of an application for child
care assistance, including all completed documentation required by the
district, complete a preliminary eligibility determination.

(b) If the family meets the preliminary eligibility criteria, the
family shall be presumed eligible for child care assistance for the
period from the date of the application to the date of the final
eligibility determination.

(c) If, upon final determination, a family is determined to be
eligible for child care assistance under subdivision one or four of this
section, the social services district may utilize child care block grant
funds for the presumptive eligibility period.

(d) If, upon final determination, a family is determined to be
ineligible for child care assistance under subdivision one or four of
this section, the social services district must utilize local funds for
the presumptive eligibility period.

(e) If, upon final determination, the application for child care
services is denied, the social services district shall send written
notice to the applicant of the determination of ineligibility and of the
applicant's right to a fair hearing in accordance with the regulations
of the office.

4. (a) Local social services districts shall guarantee applicants who
would otherwise be eligible for, or are recipients of, public assistance
benefits and who are employed, the option to choose to receive
continuing child day care subsidies in lieu of public assistance
benefits, for such period of time as the recipient continues to be
eligible for public assistance. For the purposes of this subdivision, an
eligible applicant for, or recipient of, public assistance benefits and
who is employed includes a person whose gross earnings equal, or are
greater than, the required number of work hours times the state minimum
wage. Recipients of child care subsidies under this subdivision who are
no longer eligible for public assistance benefits, shall be eligible for
transitional child care described in paragraph (b) of subdivision one of
this section as if they had been recipients of public assistance.

(b) Nothing herein shall be construed to waive the right of an
applicant who chooses to receive continuing child day care subsidies
pursuant to this section from applying for ongoing public assistance.

5. (a) A family eligible for child care assistance pursuant to
subdivision one of this section, unless such family voluntarily ends
such assistance, shall be deemed eligible for a period of no less than
twelve months from the date of the eligibility determination for such
assistance, provided the family income does not exceed eighty-five
percent of the state median income. A social services district may
extend this period to up to twenty-four months, provided the family
income does not exceed eighty-five percent of the state median income.

(b) A family eligible for child care assistance under paragraph (a) of
subdivision one of this section shall suffer no break in child care
services and shall not be required to reapply for such assistance so
long as eligibility under subdivision three of this section continues.

6. Notwithstanding any other provision of law, rule or regulation to
the contrary, applicants for child care subsidy assistance shall be
encouraged to obtain a child support order and shall be advised of the
benefits of obtaining such orders. Provided however, no applicant for,
or recipient of, child care assistance under this title shall be
required to pursue, or to obtain, a court order for child support as a
condition of eligibility for child care assistance.

7. For purposes of determining financial eligibility under this title,
the earned income of a dependent child under the age of eighteen, who is
not legally responsible for the child or children for which child care
assistance is sought, shall be disregarded when determining the
eligibility of a household for a child care subsidy.

8. Notwithstanding any other provision of law, rule or regulations to
the contrary, a social services district that implements a plan
amendment to the child care portion of its child and family services
plan, either as part of an annual plan update, or through a separate
plan amendment process, where such amendment reduces eligibility for, or
increases the family share percentage of, families receiving child care
services, or that implements the process for closing child care cases as
set forth in the district's approved child and family services plan, due
to the district determining that it cannot maintain its current caseload
because all of the available funds are projected to be needed for open
cases, shall provide all families whose eligibility for child care
assistance or family share percentage will be impacted by such action
with at least thirty days prior written notice of the action. Provided,
however, that a family receiving assistance pursuant to this title shall
not be required to contribute more than one percent of their income
exceeding the federal poverty level.

9. Parents and caretakers who are otherwise eligible for child care
assistance, and provided with such assistance, shall be able to utilize
the assistance when care is necessary to enable them to sleep because
they work non-traditional hours and have a child who is under the age of
six and not in school for a full school day. The authorization for child
care assistance shall be sufficient to allow the parent to obtain up to
eight hours of sleep, as needed.

10. For the purposes of this title, the term "state median income"
means the most recent state median income data published by the bureau
of the census, for a family of the same size, updated by the department
for a family size of four and adjusted by the department for family
size.