Amd §410-w, Soc Serv L; amd §2, Chap of 2024 (as proposed in S.4667-A & A.4099-A)
Relates to the statewide presumptive eligibility standard; authorizes local social services districts to utilize child care block grant funds for the presumptive eligibility period to the extent permitted by federal law; amends the effectiveness thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A915
SPONSOR: Clark TITLE OF BILL:
An act to amend the social services law, in relation to the use of child
care block grant funds for the statewide presumptive eligibility period
for the receipt of child care assistance; and to amend a chapter of the
laws of 2024 amending the social services law relating to the use of
child care block grant funds for the statewide presumptive eligibility
period for the receipt of child care assistance, as proposed in legisla-
tive bills numbers S. 4667-A and A. 4099-A, in relation to the effec-
tiveness thereof
PURPOSE:
The purpose of this bill is to update current law regarding the state-
wide presumptive eligibility standard for the receipt of child care
assistance.
SUMMARY OF PROVISIONS:
This bill would amend current law by removing the requirement that coun-
ties implement a presumptive eligibility period for receipt of child
care assistance and ensuring that local social services districts may
utilize federal funds to support the presumptive eligibility period to
the extent federally allowable.
JUSTIFICATION:
Chapter 549 of the Laws of 2024 required all local social services
districts to implement a presumptive eligibility standard for the
receipt of child care assistance. However, due to implementation
concerns, the law has been amended to allow counties to implement such
standard at their discretion if included in their approved child care
assistance plan. Additional amendments were made to allow a district
opting to utilize a presumptive eligibility standard to use federal
funding to pay for the presumptively eligible period, and to extend the
effective date to ensure adequate time for implementation.
LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that section
one of this act shall take effect on the same date and in the same
manner as a chapter of the laws of 2024 amending the social services law
relating to the use of child care block grant funds for the statewide
presumptive eligibility period for the receipt of child care assistance,
as proposed in legislative bills numbers S. 4667-A and A. 4099-A, takes
effect.
STATE OF NEW YORK
________________________________________________________________________
915
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
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 the use of child
care block grant funds for the statewide presumptive eligibility peri-
od for the receipt of child care assistance; and to amend a chapter of
the laws of 2024 amending the social services law relating to the use
of child care block grant funds for the statewide presumptive eligi-
bility period for the receipt of child care assistance, as proposed in
legislative bills numbers S. 4667-A and A. 4099-A, in relation to the
effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3-a of section 410-w of the social services
2 law, as amended by a chapter of the laws of 2024 amending the social
3 services law relating to the use of child care block grant funds for the
4 statewide presumptive eligibility period for the receipt of child care
5 assistance, as proposed in legislative bills numbers S. 4667-A and A.
6 4099-A, is amended to read as follows:
7 3-a. A local social services district [shall] may, upon notification
8 to the office, utilize a presumptive eligibility standard to provide
9 child care assistance, in accordance with this subdivision. The office
10 of children and family services shall issue guidance regarding the
11 preliminary eligibility criteria to be used by local social services
12 districts utilizing a presumptive eligibility standard.
13 (a) A local social services district opting to utilize a presumptive
14 eligibility standard, shall, upon receipt of an application for child
15 care assistance, including all completed documentation required by the
16 district, complete a preliminary eligibility determination.
17 (b) If the family meets the preliminary eligibility criteria, the
18 family shall be presumed eligible for child care assistance for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02833-01-5
A. 915 2
1 period from the date of the application to the date of the final eligi-
2 bility determination.
3 (c) A local social services district may utilize child care block
4 grant funds for the presumptive eligibility period to the extent permit-
5 ted by federal law.
6 (d) If, upon final determination, the application for child care
7 services is denied, the social services district shall send written
8 notice to the applicant of the determination of ineligibility and of the
9 applicant's right to a fair hearing in accordance with the regulations
10 of the office.
11 § 2. Section 2 of a chapter of the laws of 2024 amending the social
12 services law relating to the use of child care block grant funds for the
13 statewide presumptive eligibility period for the receipt of child care
14 assistance, as proposed in legislative bills numbers S. 4667-A and A.
15 4099-A, is amended to read as follows:
16 § 2. This act shall take effect [immediately and shall be deemed to
17 have been in full force and effect on and after May 3, 2024] on the one
18 hundred eightieth day after it shall have become a law. Effective imme-
19 diately, the addition, amendment and/or repeal of any rule or regulation
20 necessary for the implementation of this act on its effective date are
21 authorized to be made and completed on or before such date.
22 § 3. This act shall take effect immediately; provided however, that
23 section one of this act shall take effect on the same date and in the
24 same manner as a chapter of the laws of 2024 amending the social
25 services law relating to the use of child care block grant funds for the
26 statewide presumptive eligibility period for the receipt of child care
27 assistance, as proposed in legislative bills numbers S. 4667-A and A.
28 4099-A, takes effect.
