N.Y. Social Services Law § 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) A local social services district may utilize child care block

grant funds for the presumptive eligibility period to the extent

permitted by federal law.

(d) 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.