STATE OF NEW YORK ________________________________________________________________________ 982 2023-2024 Regular Sessions IN ASSEMBLY January 11, 2023 ___________ Introduced by M. of A. LUNSFORD -- read once and referred to the Commit- tee on Children and Families 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
A. 982 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.