NY Soc Serv L § 410 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 5 - Day Care for Certain Children 410 - Day Care; When Public Welfare Official to Furnish.

§  410.    Day  care;  when public welfare official to furnish.  1.  A public welfare official  of  a  county,  city  or  town  is  authorized, provided funds have been made available therefor, to provide day care at public  expense  for children residing in his territory who are eligible therefor pursuant to provisions  of  this  title.    Such  care  may  be provided   only   in  cases  where  it  is  determined,  under  criteria established by the department, that there is a need therefor because  of inability  of  the  parents  to  provide  care  and  supervision  for  a substantial part of the day and that such care is in the  best  interest of the child and parent.  Where the family is able to pay part or all of the costs of such care, payment of such fees as may be reasonable in the light of such ability shall be required.   2.    The  furnishing  of  such care is hereby declared to be a proper municipal purpose for which the monies of a county, city or town may  be raised  and  expended.    A  county, city or town may receive and expend monies from the state, the federal government  or  private  individuals, corporations or associations for furnishing such care.   3. (a)  Day care under this title shall mean care in a group facility, in  a  family  home,  in  a  group family day care home or in a day care center project as defined in title five-a of this article  for  part  of the  day.  Day care may be provided by a social services official either directly or through purchase.  Purchase of such care may  be  made  only from  a  private  non-profit  corporation or association except when the commissioner shall have approved the purchase of such care from  private proprietary   facilities   by   a   social  services  official  who  has demonstrated that  conveniently  accessible  non-profit  facilities  are inadequate  to provide required care.  Purchase of such care may also be made from a  school  district  in  accordance  with  state  and  federal requirements pursuant to a contract between the social services district and the school district.  (b)    Care under this title may be provided only in group facilities, family homes, group family day care  homes  or  in  a  day  care  center project as defined in title five-a which are operated in compliance with applicable  regulations  of  the  department.    A  group facility shall include a public  school  which  provides  day  care  pursuant  to  this subdivision.  (c)    Except as hereinafter provided, care under this title shall not include care, supervision, training or participation  in  kindergartens, nursery  schools  or  other  schools,  classes or activities operated or conducted by public or private schools.  However such care shall include day care provided by a school district pursuant  to  the  provisions  of this subdivision and subdivision thirty-three of section sixteen hundred four  of  the  education  law in accordance with a contract entered into between such school district and a social services district.  (d) The commissioner shall encourage social services districts and day care providers to offer flexible hours of day care.  Each  provider  may provide a flexible schedule in accordance with the rules and regulations of  the  commissioner and an application for day care services shall not be denied solely by reason of the time of day or days that care will  be required  provided  that  an available day care provider can accommodate such hours or days of care in accordance with such regulations.   4.   The provisions of this  title  shall  not  apply  to  child  care assistance provided under title five-C of this article.