2023 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 office
of children and family services, that there is a need and that such care
is in the best interest of the child and parent; provided  however  that
the  public  welfare  official shall not be required to limit authorized
child care services strictly based on the work, training, or educational
schedule of the parents or the number of  hours  the  parents  spend  in
work,  training,  or educational activities. 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 office of children and family services.  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.