2023 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. Such child day care shall
be  authorized  for  the  period  designated  by  the regulations of the
department;
(b) families with incomes up  to  eighty-five  percent  of  the  state
median  income  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; 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  eighty-five  percent  of  the  state
median  income,  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  eighty-five percent of the state
median income, who are attending a post secondary  educational  program;
and
(e) other families with incomes up to eighty-five percent of the state
median income 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 or, upon approval by the
office, may be provided by a social services district for a period up to
twenty-four 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

eighty-five percent of the state median  income.  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.
3-a.  A  local  social services district may, upon notification to the
office, utilize a presumptive eligibility standard to provide child care
assistance, in accordance with this subdivision. The office of  children
and  family  services  shall  issue  guidance  regarding the preliminary
eligibility criteria to be  used  by  local  social  services  districts
utilizing a presumptive eligibility standard.
(a)  A  local social services district opting to utilize a presumptive
eligibility standard, shall, upon receipt of an  application  for  child
care  assistance,  including all completed documentation required by the
district, complete a preliminary eligibility determination.
(b) If the family meets  the  preliminary  eligibility  criteria,  the
family  shall  be  presumed  eligible  for child care assistance for the
period from the date of  the  application  to  the  date  of  the  final
eligibility determination.
(c)  If,  upon  final  determination,  a  family  is  determined to be
eligible for child care assistance under subdivision one or four of this
section, the social services district may utilize child care block grant
funds for the presumptive eligibility period.
(d) If, upon  final  determination,  a  family  is  determined  to  be
ineligible  for  child  care assistance under subdivision one or four of
this section, the social services district must utilize local funds  for
the presumptive eligibility period.
(e)  If,  upon  final  determination,  the  application for child care
services is denied, the social  services  district  shall  send  written
notice to the applicant of the determination of ineligibility and of the
applicant's  right  to a fair hearing in accordance with the regulations
of the office.
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) A  family  eligible  for  child  care  assistance  pursuant  to
subdivision  one  of  this  section, unless such family voluntarily ends
such assistance, shall be deemed eligible for a period of no  less  than
twelve  months  from  the date of the eligibility determination for such
assistance, provided the  family  income  does  not  exceed  eighty-five
percent  of  the  state  median  income.  A social services district may
extend this period to up to  twenty-four  months,  provided  the  family
income does not exceed eighty-five percent of the state median income.
(b) 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  one  percent  of  their  income
exceeding the federal poverty level.
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.
10.  For  the  purposes  of this title, the term "state median income"
means the most recent state median income data published by  the  bureau
of  the census, for a family of the same size, updated by the department
for a family size of four and adjusted  by  the  department  for  family
size.