BILL NUMBER: S2001A
SPONSOR: BRISPORT
 
TITLE OF BILL:
An act to amend the social services law, in relation to child care
assistance under the child care block grant
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 410-x of the social services law by
adding a new subdivision 11, which states that a social services
district may provide child care assistance funded under the block grant
for additional or different ,hours than a parent or caretaker spends in
work, training, educational activities on or other reasons for care
designated by the social services district in its consolidated service
plan in accordance with paragraph (e) of subdivision one of section four
hundred ten-w of this title, including, but not limited to, paying for
full-time child care assistance regardless of the hours of the activity
of the parent's or caretaker's reason for care.
Section 2 amends section 410-w of the social services law by adding a
new subdivision 1-a, providing that for all families eligible for child
care assistance pursuant to subdivision one of this section, a social
services district is not required to limit authorized child care
services strictly based on the hours during which the parent or caretak-
er is engaged in work, education or other activity or the number of
hours the parent or caretaker is engaged in any such reasons for care.
 
JUSTIFICATION:
Legislation signed into law in 2022 (chapter 694) was understood and
intended to end New York's long-standing rule of tying child care access
to parents' exact hours of work. However, the Office of Children and
Family Services (OCFS) has interpreted that legislation narrowly, and
provided guidance that limits the effectiveness of this important legis-
lation. If this narrow interpretation is allowed to stand, it means that
the "decoupling" provisions will impact only child care assistance
supported solely by local funds; in other words, the OCFS interpretation
effectively renders the reach of the 2022 legislation small to nonexist-
ent.
New York's child care assistance program is almost entirely funded by a
combination of federal, state, and a small contribution of local funds,
with local funds generally not "segregated" from the other funds. This
bill corrects the agency's narrow interpretation in order achieve the
goals of the original legislation. New York's long-standing rule of
trying child care access to parents' exact hours of work has made it
difficult for working people, including parents in a growing gig economy
with fluctuating schedules, to access child care assistance.
Even for families able to access care, the rule disrupted the stability
and consistency young children need to learn and thrive. Additionally,
the original legislation was intended to give child care providers
another layer of much-needed financial stability to provide the high-
quality care and education New York's youngest children deserve.
 
PRIOR LEGISLATIVE HISTORY:
2023: S5327
2024: S8152A
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

Statutes affected:
S2001: 410-x social services law, 410-w social services law
S2001A: 410-x social services law, 410-w social services law