New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 415 - Child Care Services › Section 415.3 - Caretaker's responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 applicant for child care assistance must apply, in writing, on forms and in a
			 manner prescribed by the social services district in accordance with Part 404
			 of this Title. The social services district must permit the applicant to submit
			 an application by mail, or other electronic means as approved by the Office.
			 The caretaker with whom an eligible child or children lives is the applicant
			 for such services.
(b) The
			 applicant is responsible for providing accurate, complete and current
			 information regarding family income and composition, child care arrangements
			 and any other circumstances related to the family's eligibility for child care
			 services, and for notifying the social services district immediately of any
			 changes in such information.
(c)
			 The child(ren)'s caretaker is responsible for locating a child care provider(s)
			 that meets the needs of his or her child(ren). A caretaker that is unable to
			 locate a child care provider(s) may ask the social services district for
			 assistance.
(d) A family which
			 chooses to have a caregiver of informal child care provide child care services
			 in the child(ren)'s own home must provide such caregiver with all employment
			 benefits required by State and/or Federal law and pay the caregiver at least
			 minimum wage, if required by State and/or Federal law.
(e)
Family share.
(1) Each family receiving child care
			 assistance must contribute toward the costs of child care services by paying a
			 family share based upon the family's income with the following exceptions: a
			 family where the parent(s) or caretaker relative(s) is receiving public
			 assistance, a family experiencing homelessness, when such assistance is
			 provided to a child in foster care, when such assistance is provided to a child
			 as a protective or preventive service, or when such assistance is provided to a
			 child where the child care services unit is comprised of the eligible
			 child(ren) only. However, a family share may be required of any family to
			 recoup an overpayment for child care services.
(2) The income-based portion of the family
			 share for child care services must be determined by the social services
			 district in accordance with a sliding fee scale developed pursuant to paragraph
			 (3) of this subdivision. The overpayment portion of the family share, if any,
			 must be reflected separately from any income-based portion of the family share
			 and must be determined in accordance with section
			 415.4(i) 
			 of this Part.
(3) The sliding fee
			 scale developed by the social services district must be calculated by
			 subtracting the state income standard, as defined in section
			 415.1(k) 
			 of this Part, for the specific family size of the eligible family from the
			 annual gross income of the eligible family, multiplying the remaining income by
			 a factor of at least 1 but no more than 10 percent, as selected by the social
			 services district and included in the district's consolidated services plan or
			 integrated county plan, and dividing the product by 52 to determine a weekly
			 family share. The same percentage factor must be used for all families
			 receiving child care services that are required to pay an income-based portion
			 of a family share.
(4) A minimum
			 weekly family share of $1 must be charged to each family receiving child care
			 services which is required to pay an income-based portion of a family
			 share.
(5) Each family receiving
			 child care services is responsible for paying only one family share regardless
			 of the number of children in the family who are receiving child care
			 services.
(6) The family is
			 responsible for paying the family share in the manner determined by the social
			 services district. The social services district may require the family to pay
			 the family share to the social services district or to one or more child care
			 providers used by the family.
(7)
			 The family share will be recalculated by the social services district whenever
			 there is a change in income, household circumstances or child care provider
			 that would decrease the amount of the family share, when an overpayment for
			 child care services has occurred and the recovery of such overpayment will be
			 made through the family share, and at recertification.
(8) The failure of a family receiving child
			 care services to pay the family share for such services established by the
			 social services district or to cooperate with such district to develop an
			 arrangement satisfactory to the district to make full payment of all delinquent
			 family shares constitutes an appropriate basis for suspending or terminating
			 such child care services in accordance with the procedures set forth in section
			 404.6  of this
			 Title.