2023 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)  The  office  of  children  and  family services 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.  The office of children and family services shall
ensure that families in receipt of child care assistance as of September
thirtieth, two thousand twenty-three who were identified as  a  priority
population   under  a  local  social  services  district's  consolidated
services plan  shall  continue  to  be  eligible  for  such  assistance,
provided  they  meet  all  other applicable eligibility requirements for
such assistance.
(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 one percent of their
income exceeding the federal poverty level.
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.
9. Reimbursement for payment on behalf of children who are temporarily
absent from child care shall be paid for up to  eighty  days  per  year.
Reimbursement  for  additional  absences may be allowable in the case of
extenuating circumstances, as determined by the office of  children  and
family services.
* 10.  Differential  payment  rates  for  child care services shall be
established  as  required  by  this  subdivision;  provided  however  no
provider shall receive an aggregate differential in excess of a limit to
be set by the regulations of the office.
(a)  Local  social  services  districts shall establish a differential
payment rate for child care services provided by licensed or  registered
child   care   providers  who  provide  care  to  a  child  or  children
experiencing homelessness. Such differential payment rate  shall  be  no
less  than ten percent higher but no greater than fifteen percent higher
than the actual cost of care or the  applicable  market-related  payment
rate established by the office in regulations, whichever is less.
(b)  Local  social  services  districts shall establish a differential
payment rate for child care services provided by  licensed,  registered,
or  enrolled  child  care  providers  who provide care to a child during
nontraditional hours. Nontraditional  hours  shall  mean  care  provided
other  than  between  six  o'clock  ante meridian and seven o'clock post
meridian on weekdays. Such differential payment rate shall  be  no  less
than  ten percent higher but no greater than fifteen percent higher than
the actual cost of care or the applicable  market-related  payment  rate
established by the office in regulations, whichever is less.
(c)  Nothing  in  this  subdivision  shall  be  construed to limit the
authority of the office of children and  family  services  to  establish
additional differential payment rates by regulation.
* NB Effective April 1, 2025