STATE OF NEW YORK
________________________________________________________________________
812
2023-2024 Regular Sessions
IN SENATE
January 6, 2023
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the social services law, in relation to determination of
eligibility for child care assistance benefits; and to amend a chapter
of the laws of 2022 amending the social services law relating to the
duration of child care assistance for eligible families, as proposed
in legislative bills numbers S. 9029-A and A. 10209-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 of section 410-w of the social services law,
2 as amended by section 2 of a chapter of the laws of 2022 amending the
3 social services law relating to the duration of child care assistance
4 for eligible families, as proposed in legislative bills numbers S.
5 9029-A and A. 10209-A, is amended to read as follows:
6 3. A social services district shall guarantee child care assistance to
7 families in receipt of public assistance with children under thirteen
8 years of age when such child care assistance is necessary for a parent
9 or caretaker relative to engage in work or participate in work activ-
10 ities pursuant to the provisions of title nine-B of article five of this
11 chapter. Child care assistance shall continue to be guaranteed for such
12 a family for a period of twelve months or, upon approval by the office,
13 may be provided by a social [service] services district for a period up
14 to twenty-four months, after the month in which the family's eligibility
15 for public assistance has terminated or ended when such child care is
16 necessary in order to enable the parent or caretaker relative to engage
17 in work, provided that the family's public assistance has been termi-
18 nated as a result of an increase in the hours of or income from employ-
19 ment or increased income from child support payments or because the
20 family voluntarily ended assistance; that the family received public
21 assistance in at least three of the six months preceding the month in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04038-01-3
S. 812 2
1 which eligibility for such assistance terminated or ended or provided
2 that such family has received child care assistance under subdivision
3 four of this section; that the family's income does not exceed two
4 hundred percent of the state income standard, or three hundred percent
5 of the state income standard effective August first, two thousand twen-
6 ty-two; and that the family income does not exceed eighty-five percent
7 of the state median income. Such child day care shall recognize the need
8 for continuity of care for the child and a district shall not move a
9 child from an existing provider unless the participant consents to such
10 move.
11 § 2. Subdivision 5 of section 410-w of the social services law, as
12 amended by a chapter of the laws of 2022 amending the social services
13 law relating to the duration of child care assistance for eligible fami-
14 lies, as proposed in legislative bills numbers S. 9029-A and A. 10209-A,
15 is amended to read as follows:
16 5. [a.] (a) A family eligible for child care assistance pursuant to
17 subdivision one of this section, unless such family voluntarily ends
18 such assistance, shall be deemed eligible for a period of no less than
19 twelve months from the date of the eligibility determination for such
20 assistance [and a], provided the family income does not exceed eighty-
21 five percent of the state median income. A social services district may
22 [elect to] extend this period to up to twenty-four months, provided the
23 family income does not exceed eighty-five percent of the state median
24 income.
25 (b) A family eligible for child care assistance under paragraph (a) of
26 subdivision one of this section shall suffer no break in child care
27 services and shall not be required to reapply for such assistance so
28 long as eligibility under subdivision three of this section continues.
29 § 3. Section 4 of a chapter of the laws of 2022 amending the social
30 services law relating to the duration of child care assistance for
31 eligible families, as proposed in legislative bills numbers S. 9029-A
32 and A. 10209-A, is amended to read as follows:
33 § 4. This act shall take effect [immediately; provided, however, that
34 if section 2 of part L of chapter 56 of the laws of 2022 shall not have
35 taken effect on or before such date, then section two of this act shall
36 take effect on the same date and in the same manner as chapter 56 of the
37 laws of 2022 takes effect] on the ninetieth day after it shall have
38 become a law. Effective immediately, the office of children and family
39 services may make any rules and regulations as may be necessary to
40 implement the provisions of this act on or before the effective date.
41 § 4. This act shall take effect immediately; provided that sections
42 one and two of this act shall take effect on the same date and in the
43 same manner as a chapter of the laws of 2022 amending the social
44 services law relating to the duration of child care assistance for
45 eligible families, as proposed in legislative bills numbers S. 9029-A
46 and A. 10209-A, takes effect.
