N.Y. Social Services Law § 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.