NY Soc Serv L § 410-BB (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 5 - Day Care for Certain Children 410-BB - Grants to Not-for-Profit Facilities Providing Day Care for Children for Employee Salary and Benefit Enhancements.

§  410-bb.  Grants to not-for-profit facilities providing day care for children  for  employee  salary  and  benefit   enhancements.   1.   The legislature  finds and declares that a crisis exists in the availability and quality of child day care in New York state  and  that  this  crisis poses a danger both to the welfare and safety of the children and to the productivity  of this state's workforce; that inadequate salaries and in many cases nonexistent benefit packages have  substantially  contributed to  the  existing  crisis by precluding day care centers from recruiting and  retaining  necessary  teaching  and  supervisory  staff;  that   an extremely  high  turnover rate has interfered in many instances with the ability of day care centers to comply with regulatory  requirements  and to  properly serve the children in their care; and that because of these extraordinary circumstances New York state must  intervene  and  provide assistance  for  recruitment  and  retention  of child care workers. The legislature recognizes that a long-term solution  to  this  crisis  will require  cooperative  efforts  among  the  business community, local and state governments and families.   2.  Within  amounts  appropriated  specifically  therefor,  and  after deducting  funds  as  specified in subdivision three of this section the commissioner shall allocate funds to local social services districts for grants to eligible not-for-profit day care  centers  for  retention  and recruitment of teaching and supervisory staff, as follows:  (a) a city social services district with a population in excess of one million  shall  be  allocated  a portion of such funds based on an equal weighting of:  (i) its proportion of the state population of children aged  five  and under, and  (ii)  its proportion of total claims for reimbursement received by the department by May thirty-first, nineteen hundred  eighty-eight  for  the low income, transitional and teen parent day care programs authorized by chapter fifty-three of the laws of nineteen hundred eighty-seven.  (b)  all  other  eligible  local  social  services  districts shall be allocated the remaining  portion  of  funds  based  on  each  district's proportionate   share  of  licensed  not-for-profit  day  care  capacity relative to the total capacity of all such other eligible districts.   3. Five percent of the funds appropriated  for  such  recruitment  and retention  purposes  shall be reserved for administration of the program and allocated as follows:  (a) each local social services district shall be allocated  an  amount equivalent to five percent of the funds it receives under paragraphs (a) and  (b)  of  subdivision two of this section, provided that no district shall receive an  amount  less  than  twenty-five  hundred  dollars  nor greater than one hundred fifty thousand dollars, and  (b) remaining funds shall be allocated to the department. In the event that  a  not-for-profit  child  care resource and referral agency or the department distributes  funds  in  an  eligible  district,  as  provided herein,  such  agency or department may retain the amount that otherwise would be available to the eligible district.   4. Not later than thirty days following the  effective  date  of  this section,  the  commissioner shall notify local social services districts of the amounts allocated to each district  and  provide  forms  for  the collecting of information pursuant to this section.   5. For the purposes of this section, an eligible district shall mean a local  social  services  district that is providing, as of the effective date of this section, or which shall agree to provide  in  such  written form  and  by  such  date  as  shall  be  acceptable  to the department, subsidized day care services under the special day care services program  authorized by chapter  fifty-three  of  the  laws  of  nineteen  hundred eighty-eight.   6.  Eligible  districts  may  apply  on  or  before  the ninetieth day following the effective date of this section to receive  such  allocated funds  by  submitting  to the department a plan on forms provided by the department. Such plan shall be developed by the  local  social  services commissioner  in  consultation  with directors of participating eligible day care centers, as such  term  is  defined  herein.  Such  plan  shall include:  methods  to  increase  the  amount  of  day  care provided for families having an income at or below two hundred percent of the federal proverty level in such district; proposed steps to be taken  to  sustain gains  in recruitment and retention of staff achieved by  funds provided herein; information specified in paragraph (c) of subdivision  seven  of this  section;  and  a proposed allocation of funds to eligible day care centers based on the following factors:  (a) forty percent of the funds allocated to  such  district  shall  be distributed  to each eligible center based on such center's share of the total full time  equivalent  teaching  and  supervisory  staff  of  such centers in the district as a whole;  (b)  forty  percent  of the funds allocated to such district  shall be distributed to each eligible center based on such center's share of  the number  of  children  from  families  having  an  income at or below two hundred percent of the federal poverty level receiving day care services in all such centers in the district, regardless of whether such children are receiving subsidized care; and  (c) notwithstanding any other provision of  this  subdivision,  twenty percent of the funds allocated to such district  shall be distributed to some  or all eligible centers in a manner to further improve recruitment and retention of qualified staff.  Distributions  under  this  paragraph shall  be  based  on factors including, but not be limited to seniority; educational qualifications; worker income; benefit levels,  vacancy  and turnover  rates;  or  enhancement of distributions pursuant to paragraph (a) or (b) of this subdivision.   The commissioner shall make  copies  of  proposals  available  to  the public upon request.   7. For the purposes of this section, an eligible day care center means a  not-for-profit  center which provides services for children in single or double sessions for six or more hours per day for five or  more  days per  week  and  holds a permit or certificate issued pursuant to (i) the provisions of section three hundred ninety of this article, or (ii)  the New  York  city  health  code  as  authorized  by  section  five hundred fifty-eight of the New York city charter; provided, however, that:  (a) a center whose permit has been denied, suspended  or  revoked,  or which  is  found  in  any twelve month period preceding or following the date of the allocation of funds made pursuant to subdivision two of this section to be in violation of  section  three  hundred  ninety  of  this article  after a hearing conducted as provided therein or after decision by any court of competent jurisdiction, shall not be eligible to receive funds pursuant to this section;  (b) the existence of a current  contract  for  purchase  of  day  care services  between  an eligible district and a center may not be required as a precondition to receive such funds, but such center shall agree  to accept  children  subsidized by the district in the next available space after receipt of a request from the district to place a  child  in  such center;  (c)  each  such  center  must  provide  to  the  local social services district the following information on forms provided by the department:  (i) child care capacity, by ages of children;  (ii) the number of children in such center, by  ages,  whose  families have  incomes  at  or  below  two hundred percent of the federal poverty level, regardless of whether  such  children  are  receiving  subsidized care;  (iii)  the  number  of children specified in subparagraph (ii) of this paragraph receiving subsidies and the type of subsidy;  (iv) a schedule of fees charged for services;  (v) the  total  annual  revenue  from  all  sources,  including  fees, donations, grants, revenue from local governments and revenue from state agencies;  (vi)  the  total  annual  expenditures  for rent or mortgage payments; equipment, property, liability and  other  insurance;  utilities;  food; supplies and materials; and  (vii)  total  annual expenditures for salaries and benefits, including the number, title, qualifications and salary levels  of  existing  staff and types and amounts of benefits; and  (d)  each  eligible  day care center must agree, to the maximum extent feasible, to enhance its future revenues to sustain the level  of  staff salary and benefits as provided herein.   8.  Should  an  eligible  district  not  apply  for  such  funds,  the commissioner may contract with a not-for-profit child care resource  and referral  agency as such term is defined in title five-B of this article which is serving such district to distribute such funds allocated to the district in the same manner as is required of an  eligible  district  in accordance  with  the  other provisions of this section.  If two or more not-for-profit child care resource and  referral  agencies  are  serving such  district, preference shall be given to the agency or agencies with existing contracts with the commissioner. If such agency does not  exist or  declines  to participate, the department shall disburse funds in the manner as is required of an eligible district pursuant to this section.   9.  A plan developed and submitted to the department pursuant  to  the provisions  of  this section shall be considered approved unless, within thirty days of the receipt of such plan,  the  department  notifies  the eligible  district or agency that the plan is not approved and specifies in writing the basis for such disapproval.  The commissioner shall  make allocated  funds  and  administrative  funds  available  as  advances to eligible districts whose plans  have  been  approved  pursuant  to  this section.   10.    Eligible  districts  shall  make  allocated  funds available as advances to eligible day  care  centers  in  accordance  with  the  plan approved  by  the department. Such districts shall notify the department when all such funds have been disbursed  but  all  such  funds  must  be disbursed not later than October first, nineteen hundred eighty-nine.   11.    Any  funds  allocated to eligible districts or day care centers which cannot  be  used  in  the  manner  as  provided  herein  shall  be reallocated  among other eligible districts as provided in paragraph (b) of subdivision two of this section.   12.  Funds received by eligible day care centers shall be used  solely for   employee   benefits  and  salary  enhancements  for  teaching  and supervisory staff, and shall not be used to supplant or  substitute  for any  other  funding  available  for  day  care  services,  or to provide services which  eligible  day  care  centers  are  required  to  provide pursuant  to  contracts with the state, local social services districts, authorized agencies, individuals or other organizations.   13.  Nothing contained herein shall prevent an eligible  district,  or any  other person or entity, at its discretion, from contributing funds, including administrative funds received pursuant to subdivision three of this section, to the program established pursuant to this section.    14.  The department shall:  (a)  provide or cause to be  provided,  to the  maximum  extent feasible, technical assistance to eligible day care centers and districts concerning  employee  benefit  options,  long-term planning,  management  of  funds,  responsibilities required pursuant to this  section,  maximization  of  the  use  of  available  subsidy funds including Title XX and Title IV-A of the  Federal  Social  Security  Act and  such  other matters as may be helpful to sustain the level of staff salary and benefits as provided herein;  (b) annually examine cost data concerning rates  of  payment  for  day care  and  establish appropriate recommended fee schedules as guidelines for use by local social services districts in  developing  comprehensive annual social services program plans;  (c)    promulgate  regulations  not  later  than  July first, nineteen hundred eighty-nine, to establish a maximum rate of payment for day care centers which shall reflect adjustments in the cost of  care  since  the establishment  of  the maximum rate in effect on January first, nineteen hundred eighty-six. Such maximum rate shall be  calculated  by  applying thereto  increases  in  the cost of living since January first, nineteen hundred  eighty-six,  updated  by  the   department   through   December thirty-first,  nineteen  hundred  eighty-nine,  and  also  to the extent possible and based on the availability of such information, factors such as changes in the costs of insurance,  rent,  utilities  and  labor  and benefits  and  such other factors the department shall deem appropriate, which exceed such increases in the cost of living,  as  updated  through December  thirty-first, nineteen hundred eighty-nine; provided, however, that:  (i) actual payment for day care services rendered shall not exceed the actual cost of such care;  (ii) nothing  contained  herein  shall  prevent  the  department  from establishing  a  rate  of payment for day care centers greater than that required pursuant to this subdivision;  (iii) approved rates of payment in  excess  of  the  rate  established pursuant  to  this  paragraph  in  effect  prior to July first, nineteen hundred eighty-nine shall be continued;  (iv) nothing  contained  herein  shall  prevent  the  department  from approving  exceptions  to the rate of payment established herein to meet specific identified needs of a local social services district;  (v) such regulations may include a higher maximum rate of payment  for infant care, or care of children with special needs.   d.  Notwithstanding any other section of law to the contrary, by April first,  nineteen  hundred  eighty-nine,  the  department  shall  develop guidelines and may, with the approval of the director of the division of the  budget  grant  to  local  districts  for one year waivers to income eligibility standards established pursuant to  law  for  subsidized  day care under the special day care services program.  Such waivers shall be granted  to  increase eligibility standards up to twenty-five percent of the  federal  poverty  level  above  the  income  eligibility   standard established by law as a percentage of the federal poverty level. Waivers shall  be granted only upon the submission of documentation establishing that:  (i) the local social services district is  serving  substantially  all eligible  families  with  incomes  at  or  below  the established income eligibility  standard.  A  district  shall  be  deemed  to  be   serving substantially  all  eligible  families  if  it  meets  the following two criteria: (a) the percentage of eligible children served in the district meets or exceeds the percentage of eligible  children  served  statewide under  the  special  day  care services program and (b) the district has provided day care services to any  additional  children  whose  families  have been identified in such district's outreach program as described in subparagraph  (ii)  of  this  paragraph  as  eligible  for  and desiring subsidized day care services;  (ii)  the  local  district  has  established  a district-wide outreach program  which  identifies  eligible  families  who  are  not  receiving subsidized  child  day care under the special day care services program, and informs all such families of their availability,  and  assists  such families desiring subsidized services to obtain them;  (iii)  a  family  receiving  a  subsidy  under  the  district's waiver provisions shall be required to contribute a greater amount towards  the cost  of  care  than  a  family  eligible  under  the established income eligibility standard;  (iv) the local district has included an  estimate  of  the  number  of children who will be served under the waiver provisions;  (v)  the  local  district  has submitted claims to income eligible day care expenses under Title XX of the federal Social Security Act;  (vi) the district has available to  it  a  higher  allocation  in  the current  fiscal  year  than the amount of reimbursement received by such district in the previous fiscal  year  for  subsidized  care  under  the special day care services program.  (e)  submit a report to the governor and to the chairmen of the senate finance  committee  and  the assembly ways and means committee not later than December thirty-first, nineteen hundred eighty-nine on the  program established  pursuant  to this section, including the number, amount and recipients of grants in each eligible district; the purposes and uses of such grants; an evaluation of any resulting improvements in  recruitment and  retention  of qualified staff, current local eligibility standards, any use of the waiver process, state cost of increasing the  eligibility standards established by law up to twenty-five percent and fifty percent of  the federal poverty level on a county by county basis for subsidized day care under the special day care services program and recommendations for long-term solutions to the problems of recruitment and retention  of teaching and supervisory staff.