Provides that a caregiver shall be eligible for assistance for child care under the child care block grant regardless of the hours the parent actually works.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8878
SPONSOR: Hevesi TITLE OF BILL:
An act to amend the social services law, in relation to child care
assistance under the child care block grant
PURPOSE OR GENERAL IDEA OF BILL:
To correct a drafting error in relation to chapter 694 of the laws of
2022 which sought to de-link caretaker hours of work, training, or
education from the hours of childcare assistance.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 410-x of the social services law by
adding a new subdivision 10 which states that a social services district
shall 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 or other reasons for care designated by
the district in its consolidated service plan, including paying for
full-time child care, regardless 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 to provide corresponding language that a district
shall not limit authorized child care to eligible families strictly
based on the hours during which the parent or caretaker 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.
Section 3 is the effective date.
JUSTIFICATION:
The bill signed into law in 2022 (chapter 694) was understood and
intended to end New York's long-standing rule of tying childcare access
to parents' exact hours of work. Due to a drafting error, the law, if
left uncorrected, will impact only childcare assistance supported solely
by local funds, rendering the reach of the bill small to nonexistent.
New York's childcare 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 error in order achieve the goals of the original
legislation. New York's long-standing rule of tying childcare access to
parents' exact hours of work made it difficult for working people,
including parents in a growing gig economy with fluctuating schedules,
to access childcare 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 childcare providers another layer of much-needed financial stabili-
ty to provide the high-quality care and education New York's youngest
children deserve.
PRIOR LEGISLATIVE HISTORY:
2023: A. 4986A/S8152 (Brisport) -- Vetoed
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
The thirtieth day after it shall have become a law
STATE OF NEW YORK
________________________________________________________________________
8878
IN ASSEMBLY
January 26, 2024
___________
Introduced by M. of A. HEVESI, LUNSFORD, ZINERMAN -- read once and
referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to child care
assistance under the child care block grant
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 410-x of the social services law is amended by
2 adding a new subdivision 10 to read as follows:
3 10. A social services district shall provide child care assistance
4 funded under the block grant for additional or different hours than a
5 parent or caretaker spends in work, training, educational activities or
6 other reasons for care designated by the social services district in its
7 consolidated services plan in accordance with paragraph (e) of subdivi-
8 sion one of section four hundred ten-w of this title, including, but not
9 limited to, paying for full-time child care assistance regardless of the
10 hours of the activity of the parent's or caretaker's reason for care.
11 § 2. Section 410-w of the social services law is amended by adding a
12 new subdivision 1-a to read as follows:
13 1-a. For all families eligible for child care assistance pursuant to
14 subdivision one of this section, a social services district shall not
15 limit authorized child care services strictly based on the hours during
16 which the parent or caretaker is engaged in work, education or other
17 activity or the number of hours the parent or caretaker is engaged in
18 any such reasons for care.
19 § 3. This act shall take effect on the thirtieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09315-06-4
