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

§ 410-x. Use of funds.  1. A social services district shall expend its allocation  from the block grant in a manner that provides for equitable access to child care assistance  funds  to  eligible  families,  and  in accordance  with  the applicable provisions in federal law regarding the portion of the funds which must be  spent  on  families  in  receipt  of family  assistance,  families who are attempting through work activities to transition off of family assistance and families at-risk of  becoming dependent  on  family  assistance and the portion which must be spent on other working low-income families. Each  social  services  district  may spend  no  more  than  five  percent  of  its block grant allocation for administrative activities. The term  "administrative  activities"  shall not include the costs of providing direct services.   2.  (a)  A  social  services district may establish priorities for the families which will be eligible to receive funding;  provided  that  the priorities  provide that eligible families will receive equitable access to child care assistance funds  to  the  extent  that  these  funds  are available.  (b)  A  social  services  district  shall set forth its priorities for child care assistance in the district's consolidated services plan.  The commissioner  of  the  office  of children and family services shall not approve any plan that does not provide for  equitable  access  to  child care assistance funds.  (c)  A  social  services  district  shall  be  authorized to set aside portions of its block grant allocation to  serve  one  or  more  of  its priority  groups  and/or  to  discontinue funding to families with lower priorities in order to serve families with higher  priorities;  provided that  the  method  of  disbursement  to  priority  groups  provides that eligible families within a priority group will receive equitable  access to  child  care  assistance  funds  to  the  extent that these funds are available.  (d) Each social services district shall  collect  and  submit  to  the commissioner  of  the office of children and family services in a manner to be specified by the commissioner of the office of children and family services  information  concerning  the  disbursement   of   child   care assistance  funds  showing geographic distribution of children receiving assistance within the district.  (e) The commissioner of the office of  children  and  family  services shall submit a report to the governor, temporary president of the senate and  the  speaker  of the assembly on or before August thirty-first, two thousand one concerning the implementation of this section. This  report shall  include  information  concerning  the  disbursement of child care assistance funds showing geographic distribution of  children  receiving assistance within the state.   3.  Child  care  assistance funded under the block grant must meet all applicable standards set forth in section three hundred ninety  of  this article  or  the  administrative code of the city of New York, including child day care in a child day care center, family day care  home,  group family  day  care  home,  school age child care program, or in home care which is not subject to licensure, certification or registration, or any other lawful form of care for less than twenty-four hours per  day.  The department  also is required to establish, in regulation, minimum health and safety requirements that must be met by  those  providers  providing child  care  assistance  funded  under  the  block  grant  which are not required to be licensed or registered under section three hundred ninety of this article or to be licensed under the administrative code  of  the city  of  New  York  and  to  those public assistance recipients who are providing child care assistance as part of their work activities  or  as community  service under title nine-B of article five of this chapter. A  social services district may submit to the department justification  for a  need  to  impose additional minimum health and safety requirements on such providers and a plan to monitor  compliance  with  such  additional requirements.  No  such  additional  requirements  or  monitoring may be imposed without the written approval of the department. Social  services districts   shall  provide,  directly  or  through  referral,  technical assistance and relevant health and  safety  information  to  all  public assistance  recipients  who  voluntarily  choose  to  provide child care assistance as part of  their  work  activities  under  title  nine-B  of article five of this chapter.   4.  The  amount to be paid or allowed for child care assistance funded under the block grant shall be the actual cost of care but no more  than the applicable market-related payment rate established by the department in regulations. The payment rates established by the department shall be sufficient  to  ensure  equal access for eligible children to comparable child care assistance in the substate area that are provided to children whose parents are not eligible to receive assistance under  any  federal or  state  programs.  Such  payment  rates  shall  take into account the variations in the costs of providing child care  in  different  settings and  to  children  of  different age groups, and the additional costs of providing child care for children with special needs.   5. The department shall promulgate regulations under  which  provision for  child care assistance may be made by providing child care directly; through purchase of services contracts; by providing cash,  vouchers  or reimbursement  to  the  providers  of  child  care  or to the parents or caretaker relatives; or through such other arrangement as the department finds appropriate. Such regulations shall require the use  of  at  least one  method  by  which  child  care  arranged by the parent or caretaker relative can be paid.   * 6. Pursuant to department regulations, child care  assistance  shall be  provided  on  a sliding fee basis based upon the family's ability to pay; 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   * 6. Pursuant to department regulations, child care  assistance  shall be  provided  on  a sliding fee basis based upon the family's ability to pay.   * NB Effective April 16, 2024   7. A social  services  district  may  suspend  the  eligibility  of  a provider  who is not required to be licensed or registered under section three hundred ninety of this article to provide  child  care  assistance funded  under  the  block  grant, where the provider is the subject of a report of child abuse or maltreatment that  is  under  investigation  by child protective services.   8.  Notwithstanding  any  provision of law to the contrary, child care assistance payments made pursuant to this section may be made by  direct deposit  or  debit  card,  as elected by the recipient, and administered electronically, and in accordance with such guidelines, as  may  be  set forth  by  regulation of the office of children and family services. The office of children and family  services  may  enter  into  contracts  on behalf  of  local  social  services districts for such direct deposit or debit card services in accordance  with  section  twenty-one-a  of  this chapter.