2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 5 - Day Care for Certain Children › 410-BB - Grants to Not-for-Profit Facilities Providing Day Care for Children for Employee Salary and Benefit Enhancements.

§  410-bb.  Grants to not-for-profit facilities providing day care for
children  for  employee  salary  and  benefit   enhancements.   1.   The
legislature  finds and declares that a crisis exists in the availability
and quality of child day care in New York state  and  that  this  crisis
poses a danger both to the welfare and safety of the children and to the
productivity  of this state's workforce; that inadequate salaries and in
many cases nonexistent benefit packages have  substantially  contributed
to  the  existing  crisis by precluding day care centers from recruiting
and  retaining  necessary  teaching  and  supervisory  staff;  that   an
extremely  high  turnover rate has interfered in many instances with the
ability of day care centers to comply with regulatory  requirements  and
to  properly serve the children in their care; and that because of these
extraordinary circumstances New York state must  intervene  and  provide
assistance  for  recruitment  and  retention  of child care workers. The
legislature recognizes that a long-term solution  to  this  crisis  will
require  cooperative  efforts  among  the  business community, local and
state governments and families.
2.  Within  amounts  appropriated  specifically  therefor,  and  after
deducting  funds  as  specified in subdivision three of this section the
commissioner shall allocate funds to local social services districts for
grants to eligible not-for-profit day care  centers  for  retention  and
recruitment of teaching and supervisory staff, as follows:
(a) a city social services district with a population in excess of one
million  shall  be  allocated  a portion of such funds based on an equal
weighting of:
(i) its proportion of the state population of children aged  five  and
under, and
(ii)  its proportion of total claims for reimbursement received by the
department by May thirty-first, nineteen hundred  eighty-eight  for  the
low income, transitional and teen parent day care programs authorized by
chapter fifty-three of the laws of nineteen hundred eighty-seven.
(b)  all  other  eligible  local  social  services  districts shall be
allocated the remaining  portion  of  funds  based  on  each  district's
proportionate   share  of  licensed  not-for-profit  day  care  capacity
relative to the total capacity of all such other eligible districts.
3. Five percent of the funds appropriated  for  such  recruitment  and
retention  purposes  shall be reserved for administration of the program
and allocated as follows:
(a) each local social services district shall be allocated  an  amount
equivalent to five percent of the funds it receives under paragraphs (a)
and  (b)  of  subdivision two of this section, provided that no district
shall receive an  amount  less  than  twenty-five  hundred  dollars  nor
greater than one hundred fifty thousand dollars, and
(b) remaining funds shall be allocated to the department. In the event
that  a  not-for-profit  child  care resource and referral agency or the
department distributes  funds  in  an  eligible  district,  as  provided
herein,  such  agency or department may retain the amount that otherwise
would be available to the eligible district.
4. Not later than thirty days following the  effective  date  of  this
section,  the  commissioner shall notify local social services districts
of the amounts allocated to each district  and  provide  forms  for  the
collecting of information pursuant to this section.
5. For the purposes of this section, an eligible district shall mean a
local  social  services  district that is providing, as of the effective
date of this section, or which shall agree to provide  in  such  written
form  and  by  such  date  as  shall  be  acceptable  to the department,
subsidized day care services under the special day care services program

authorized by chapter  fifty-three  of  the  laws  of  nineteen  hundred
eighty-eight.
6.  Eligible  districts  may  apply  on  or  before  the ninetieth day
following the effective date of this section to receive  such  allocated
funds  by  submitting  to the department a plan on forms provided by the
department. Such plan shall be developed by the  local  social  services
commissioner  in  consultation  with directors of participating eligible
day care centers, as such  term  is  defined  herein.  Such  plan  shall
include:  methods  to  increase  the  amount  of  day  care provided for
families having an income at or below two hundred percent of the federal
proverty level in such district; proposed steps to be taken  to  sustain
gains  in recruitment and retention of staff achieved by  funds provided
herein; information specified in paragraph (c) of subdivision  seven  of
this  section;  and  a proposed allocation of funds to eligible day care
centers based on the following factors:
(a) forty percent of the funds allocated to  such  district  shall  be
distributed  to each eligible center based on such center's share of the
total full time  equivalent  teaching  and  supervisory  staff  of  such
centers in the district as a whole;
(b)  forty  percent  of the funds allocated to such district  shall be
distributed to each eligible center based on such center's share of  the
number  of  children  from  families  having  an  income at or below two
hundred percent of the federal poverty level receiving day care services
in all such centers in the district, regardless of whether such children
are receiving subsidized care; and
(c) notwithstanding any other provision of  this  subdivision,  twenty
percent of the funds allocated to such district  shall be distributed to
some  or all eligible centers in a manner to further improve recruitment
and retention of qualified staff.  Distributions  under  this  paragraph
shall  be  based  on factors including, but not be limited to seniority;
educational qualifications; worker income; benefit levels,  vacancy  and
turnover  rates;  or  enhancement of distributions pursuant to paragraph
(a) or (b) of this subdivision.
The commissioner shall make  copies  of  proposals  available  to  the
public upon request.
7. For the purposes of this section, an eligible day care center means
a  not-for-profit  center which provides services for children in single
or double sessions for six or more hours per day for five or  more  days
per  week  and  holds a permit or certificate issued pursuant to (i) the
provisions of section three hundred ninety of this article, or (ii)  the
New  York  city  health  code  as  authorized  by  section  five hundred
fifty-eight of the New York city charter; provided, however, that:
(a) a center whose permit has been denied, suspended  or  revoked,  or
which  is  found  in  any twelve month period preceding or following the
date of the allocation of funds made pursuant to subdivision two of this
section to be in violation of  section  three  hundred  ninety  of  this
article  after a hearing conducted as provided therein or after decision
by any court of competent jurisdiction, shall not be eligible to receive
funds pursuant to this section;
(b) the existence of a current  contract  for  purchase  of  day  care
services  between  an eligible district and a center may not be required
as a precondition to receive such funds, but such center shall agree  to
accept  children  subsidized by the district in the next available space
after receipt of a request from the district to place a  child  in  such
center;
(c)  each  such  center  must  provide  to  the  local social services
district the following information on forms provided by the department:
(i) child care capacity, by ages of children;
(ii) the number of children in such center, by  ages,  whose  families
have  incomes  at  or  below  two hundred percent of the federal poverty
level, regardless of whether  such  children  are  receiving  subsidized
care;
(iii)  the  number  of children specified in subparagraph (ii) of this
paragraph receiving subsidies and the type of subsidy;
(iv) a schedule of fees charged for services;
(v) the  total  annual  revenue  from  all  sources,  including  fees,
donations, grants, revenue from local governments and revenue from state
agencies;
(vi)  the  total  annual  expenditures  for rent or mortgage payments;
equipment, property, liability and  other  insurance;  utilities;  food;
supplies and materials; and
(vii)  total  annual expenditures for salaries and benefits, including
the number, title, qualifications and salary levels  of  existing  staff
and types and amounts of benefits; and
(d)  each  eligible  day care center must agree, to the maximum extent
feasible, to enhance its future revenues to sustain the level  of  staff
salary and benefits as provided herein.
8.  Should  an  eligible  district  not  apply  for  such  funds,  the
commissioner may contract with a not-for-profit child care resource  and
referral  agency as such term is defined in title five-B of this article
which is serving such district to distribute such funds allocated to the
district in the same manner as is required of an  eligible  district  in
accordance  with  the  other provisions of this section.  If two or more
not-for-profit child care resource and  referral  agencies  are  serving
such  district, preference shall be given to the agency or agencies with
existing contracts with the commissioner. If such agency does not  exist
or  declines  to participate, the department shall disburse funds in the
manner as is required of an eligible district pursuant to this section.
9.  A plan developed and submitted to the department pursuant  to  the
provisions  of  this section shall be considered approved unless, within
thirty days of the receipt of such plan,  the  department  notifies  the
eligible  district or agency that the plan is not approved and specifies
in writing the basis for such disapproval.  The commissioner shall  make
allocated  funds  and  administrative  funds  available  as  advances to
eligible districts whose plans  have  been  approved  pursuant  to  this
section.
10.    Eligible  districts  shall  make  allocated  funds available as
advances to eligible day  care  centers  in  accordance  with  the  plan
approved  by  the department. Such districts shall notify the department
when all such funds have been disbursed  but  all  such  funds  must  be
disbursed not later than October first, nineteen hundred eighty-nine.
11.    Any  funds  allocated to eligible districts or day care centers
which cannot  be  used  in  the  manner  as  provided  herein  shall  be
reallocated  among other eligible districts as provided in paragraph (b)
of subdivision two of this section.
12.  Funds received by eligible day care centers shall be used  solely
for   employee   benefits  and  salary  enhancements  for  teaching  and
supervisory staff, and shall not be used to supplant or  substitute  for
any  other  funding  available  for  day  care  services,  or to provide
services which  eligible  day  care  centers  are  required  to  provide
pursuant  to  contracts with the state, local social services districts,
authorized agencies, individuals or other organizations.
13.  Nothing contained herein shall prevent an eligible  district,  or
any  other person or entity, at its discretion, from contributing funds,
including administrative funds received pursuant to subdivision three of
this section, to the program established pursuant to this section.
14.  The department shall:  (a)  provide or cause to be  provided,  to
the  maximum  extent feasible, technical assistance to eligible day care
centers and districts concerning  employee  benefit  options,  long-term
planning,  management  of  funds,  responsibilities required pursuant to
this  section,  maximization  of  the  use  of  available  subsidy funds
including Title XX and Title IV-A of the  Federal  Social  Security  Act
and  such  other matters as may be helpful to sustain the level of staff
salary and benefits as provided herein;
(b) annually examine cost data concerning rates  of  payment  for  day
care  and  establish appropriate recommended fee schedules as guidelines
for use by local social services districts in  developing  comprehensive
annual social services program plans;
(c)    promulgate  regulations  not  later  than  July first, nineteen
hundred eighty-nine, to establish a maximum rate of payment for day care
centers which shall reflect adjustments in the cost of  care  since  the
establishment  of  the maximum rate in effect on January first, nineteen
hundred eighty-six. Such maximum rate shall be  calculated  by  applying
thereto  increases  in  the cost of living since January first, nineteen
hundred  eighty-six,  updated  by  the   department   through   December
thirty-first,  nineteen  hundred  eighty-nine,  and  also  to the extent
possible and based on the availability of such information, factors such
as changes in the costs of insurance,  rent,  utilities  and  labor  and
benefits  and  such other factors the department shall deem appropriate,
which exceed such increases in the cost of living,  as  updated  through
December  thirty-first, nineteen hundred eighty-nine; provided, however,
that:
(i) actual payment for day care services rendered shall not exceed the
actual cost of such care;
(ii) nothing  contained  herein  shall  prevent  the  department  from
establishing  a  rate  of payment for day care centers greater than that
required pursuant to this subdivision;
(iii) approved rates of payment in  excess  of  the  rate  established
pursuant  to  this  paragraph  in  effect  prior to July first, nineteen
hundred eighty-nine shall be continued;
(iv) nothing  contained  herein  shall  prevent  the  department  from
approving  exceptions  to the rate of payment established herein to meet
specific identified needs of a local social services district;
(v) such regulations may include a higher maximum rate of payment  for
infant care, or care of children with special needs.
d.  Notwithstanding any other section of law to the contrary, by April
first,  nineteen  hundred  eighty-nine,  the  department  shall  develop
guidelines and may, with the approval of the director of the division of
the  budget  grant  to  local  districts  for one year waivers to income
eligibility standards established pursuant to  law  for  subsidized  day
care under the special day care services program.  Such waivers shall be
granted  to  increase eligibility standards up to twenty-five percent of
the  federal  poverty  level  above  the  income  eligibility   standard
established by law as a percentage of the federal poverty level. Waivers
shall  be granted only upon the submission of documentation establishing
that:
(i) the local social services district is  serving  substantially  all
eligible  families  with  incomes  at  or  below  the established income
eligibility  standard.  A  district  shall  be  deemed  to  be   serving
substantially  all  eligible  families  if  it  meets  the following two
criteria: (a) the percentage of eligible children served in the district
meets or exceeds the percentage of eligible  children  served  statewide
under  the  special  day  care services program and (b) the district has
provided day care services to any  additional  children  whose  families

have been identified in such district's outreach program as described in
subparagraph  (ii)  of  this  paragraph  as  eligible  for  and desiring
subsidized day care services;
(ii)  the  local  district  has  established  a district-wide outreach
program  which  identifies  eligible  families  who  are  not  receiving
subsidized  child  day care under the special day care services program,
and informs all such families of their availability,  and  assists  such
families desiring subsidized services to obtain them;
(iii)  a  family  receiving  a  subsidy  under  the  district's waiver
provisions shall be required to contribute a greater amount towards  the
cost  of  care  than  a  family  eligible  under  the established income
eligibility standard;
(iv) the local district has included an  estimate  of  the  number  of
children who will be served under the waiver provisions;
(v)  the  local  district  has submitted claims to income eligible day
care expenses under Title XX of the federal Social Security Act;
(vi) the district has available to  it  a  higher  allocation  in  the
current  fiscal  year  than the amount of reimbursement received by such
district in the previous fiscal  year  for  subsidized  care  under  the
special day care services program.
(e)  submit a report to the governor and to the chairmen of the senate
finance  committee  and  the assembly ways and means committee not later
than December thirty-first, nineteen hundred eighty-nine on the  program
established  pursuant  to this section, including the number, amount and
recipients of grants in each eligible district; the purposes and uses of
such grants; an evaluation of any resulting improvements in  recruitment
and  retention  of qualified staff, current local eligibility standards,
any use of the waiver process, state cost of increasing the  eligibility
standards established by law up to twenty-five percent and fifty percent
of  the federal poverty level on a county by county basis for subsidized
day care under the special day care services program and recommendations
for long-term solutions to the problems of recruitment and retention  of
teaching and supervisory staff.