NY Soc Serv L § 410-W (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 5-C - Block Grant for Child Care 410-W - Eligible Families.

§  410-w. Eligible families. 1. A social services district may use the funds allocated to it  from  the  block  grant  to  provide  child  care assistance to:  (a)   families  receiving  public  assistance  when  such  child  care assistance is necessary: to enable a parent  or  caretaker  relative  to engage  in  work,  participate in work activities or perform a community service pursuant to title nine-B of article five  of  this  chapter;  to enable  a  teenage  parent  to  attend  high  school or other equivalent training program; because the parent or caretaker relative is physically or mentally incapacitated; or  because  family  duties  away  from  home necessitate  the  parent or caretaker relative's absence; child day care shall be provided during breaks in activities, for a period of up to two weeks. Such child day care may be authorized for a period of up  to  one month if child care arrangements shall be lost if not continued, and the program or employment is scheduled to begin within such period;  (b)  families  with  incomes  up  to  two hundred percent of the state income standard who are attempting through work activities to transition off of public assistance when such child care is necessary in  order  to enable  a  parent  or caretaker relative to engage in work provided such families' public assistance has been terminated as a result of increased hours of or income  from  employment  or  increased  income  from  child support  payments  or  the  family  voluntarily  ended  assistance; and, provided that the family received public assistance at  least  three  of the  six  months  preceding  the  month  in  which  eligibility for such assistance terminated or ended or provided that such family has received child care assistance under subdivision four of this section;  (c) families with incomes up to  two  hundred  percent  of  the  state income  standard which are determined in accordance with the regulations of the department  to  be  at  risk  of  becoming  dependent  on  family assistance;  (d)  families  with  incomes  up  to  two hundred percent of the state income standard who are attending a post secondary  educational  program and working at least seventeen and one-half hours per week; and  (e) other families with incomes up to two hundred percent of the state income  standard  which  the  social services district designates in its consolidated services plan as eligible  for  child  care  assistance  in accordance with criteria established by the department.   2.  For  the  purposes of this title, the term "state income standard" means the most recent federal income official poverty line  (as  defined and  annually  revised  by  the federal office of management and budget) updated by the department for a family size of four and adjusted by  the department for family size.   3. A social services district shall guarantee child care assistance to families  in  receipt  of public assistance with children under thirteen years of age when such child care assistance is necessary for  a  parent or  caretaker  relative  to  engage  in  work  or  participate  in  work activities pursuant to the provisions of title nine-B of article five of this chapter. Child care assistance shall continue to be guaranteed  for such a family for a period of twelve months after the month in which the family's  eligibility for public assistance has terminated or ended when such child care is necessary in order to enable the parent or  caretaker relative to engage in work, provided that the family's public assistance has been terminated as a result of an increase in the hours of or income from  employment  or  increased  income  from  child support payments or because  the  family  voluntarily  ended  assistance;  that  the  family received public assistance in at least three of the six months preceding the  month  in which eligibility for such assistance terminated or ended or provided that such family has received child  care  assistance  under  subdivision  four of this section; and that the family's income does not exceed two hundred percent of the state income standard. Such child  day care shall recognize the need for continuity of care for the child and a district  shall  not  move  a child from an existing provider unless the participant consents to such move.   4. (a) Local social services districts shall guarantee applicants  who would otherwise be eligible for, or are recipients of, public assistance benefits  and  who  are  employed,  the  option  to  choose  to  receive continuing child  day  care  subsidies  in  lieu  of  public  assistance benefits,  for  such  period  of  time  as the recipient continues to be eligible for public assistance. For the purposes of this subdivision, an eligible applicant for, or recipient of, public assistance benefits  and who  is  employed  includes  a person whose gross earnings equal, or are greater than, the required number of work hours times the state  minimum wage.  Recipients of child care subsidies under this subdivision who are no longer eligible for public assistance benefits, shall be eligible for transitional child care described in paragraph (b) of subdivision one of this section as if they had been recipients of public assistance.  (b) Nothing herein shall  be  construed  to  waive  the  right  of  an applicant  who  chooses  to  receive continuing child day care subsidies pursuant to this section from applying for ongoing public assistance.   5. A family eligible for child care assistance under paragraph (a)  of subdivision  one  of  this  section  shall suffer no break in child care services and shall not be required to reapply  for  such  assistance  so long as eligibility under subdivision three of this section continues.   6.  Notwithstanding  any other provision of law, rule or regulation to the contrary, applicants for child  care  subsidy  assistance  shall  be encouraged  to  obtain a child support order and shall be advised of the benefits of obtaining such orders. Provided however, no  applicant  for, or  recipient  of,  child  care  assistance  under  this  title shall be required to pursue, or to obtain, a court order for child support  as  a condition of eligibility for child care assistance.   7. For purposes of determining financial eligibility under this title, the earned income of a dependent child under the age of eighteen, who is not  legally  responsible for the child or children for which child care assistance  is  sought,  shall  be  disregarded  when  determining   the eligibility of a household for a child care subsidy.   * 8.  Notwithstanding  any other provision of law, rule or regulations to the contrary, a social  services  district  that  implements  a  plan amendment  to  the  child  care portion of its child and family services plan, either as part of an annual plan update,  or  through  a  separate plan amendment process, where such amendment reduces eligibility for, or increases  the family share percentage of, families receiving child care services, or that implements the process for closing child care cases as set forth in the district's approved child and family services plan, due to the district determining that it cannot maintain its current caseload because all of the available funds are projected to be needed  for  open cases,  shall  provide  all  families  whose  eligibility for child care assistance or family share percentage will be impacted  by  such  action with  at least thirty days prior written notice of the action. Provided, however, that a family receiving assistance pursuant to this title shall not be required to contribute more than  ten  percent  of  their  income exceeding the federal poverty level.   * NB Effective until April 16, 2024   * 8.  Notwithstanding  any other provision of law, rule or regulations to the contrary, a social  services  district  that  implements  a  plan amendment  to  the  child  care portion of its child and family services plan, either as part of an annual plan update,  or  through  a  separate  plan amendment process, where such amendment reduces eligibility for, or increases  the family share percentage of, families receiving child care services, or that implements the process for closing child care cases as set forth in the district's approved child and family services plan, due to the district determining that it cannot maintain its current caseload because  all  of the available funds are projected to be needed for open cases, shall provide all  families  whose  eligibility  for  child  care assistance  or  family  share percentage will be impacted by such action with at least thirty days prior written notice of the action.   * NB Effective April 16, 2024   9. Parents and caretakers who are otherwise eligible  for  child  care assistance,  and provided with such assistance, shall be able to utilize the assistance when care is necessary to enable them  to  sleep  because they work non-traditional hours and have a child who is under the age of six and not in school for a full school day. The authorization for child care  assistance shall be sufficient to allow the parent to obtain up to eight hours of sleep, as needed.