Bill S4967-2013

Authorizes the offering of twelve month work exemption to certain parents or relatives in receipt of public assistance who personally provide child care

Authorizes the offering of twelve month work exemption to certain parents or relatives in receipt of public assistance who personally provide child care.

Details

Actions

  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • May 2, 2013: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S4967

TITLE OF BILL: An act to amend the social services law, in relation to the twelve month work exemption for certain parents or relatives providing child care

PURPOSE:

The purpose of this legislation is to allow commissioners in social services to modify the public assistance work requirements in order to increase access to affordable child care for eligible families.

SUMMARY OF PROVISIONS:

This bill would amend subdivision 2 of section 410-x of the social services law.

Currently, New York State allows certain exemptions from work activities for recipients of temporary assistance that are a single-parent head of household. The current work exemption structure allows a single-parent who is caring for a child under the age of one an exemption from work activities for no more than three months for any one child; although a social service official has the authority to extend the exemption for up to 12 months on a case by case basis.

This bill would allow commissioners of social service districts the ability to offer an 12 month for exemption if the district is unable to meet the needs of income eligible working families.

JUSTIFICATION:

Counties are required by law to provide child care payments for public assistance recipients if such care is necessary in order for the recipient to participate in mandatory work requirements. The funding source for these county payments is the New York State Child Care Block Grant (NYSCCBG.) The NYSCCBG has suffered serious cuts in the past few years leaving counties with barely enough funds to fulfill the obligation of child care to Temporary Assistance for Needy Families recipients (TANK') and very little, if anything, left over to provide child care subsidies for low income working families.

Most counties are no longer able to serve families up to 200% Federal Poverty Level due to cuts to the child care block grant. In order to deal with the shortage of child care funds, counties have lowered eligibility levels, ceased taking new applications for a period of time or have discontinued the acceptance of new applications all together

LEGISLATIVE HISTORY:

None. This is new legislation.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4967 2013-2014 Regular Sessions IN SENATE May 2, 2013 ___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, in relation to the twelve month work exemption for certain parents or relatives providing child care THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 410-x of the social services law, as amended by chapter 416 of the laws of 2000, is amended to read as follows: 2. (a) A social services district 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 avail- able. (b) A social services district shall set forth its priorities for child care assistance in the district's consolidated services plan. The commissioner of the office of children and family services shall not approve any plan that does not provide for equitable access to child care assistance funds. (c) A social services district shall be authorized to set aside portions of its block grant allocation to serve one or more of its priority groups and/or to discontinue funding to families with lower priorities in order to serve families with higher priorities; provided that the method of disbursement to priority groups provides that eligi- ble families within a priority group will receive equitable access to child care assistance funds to the extent that these funds are avail- able. (d) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER IN ANY SOCIAL SERVICES DISTRICT THAT DOES NOT HAVE SUFFI- CIENT FUNDING TO SERVE ALL ELIGIBLE WORKING FAMILIES UNDER TWO HUNDRED PERCENT OF THE STATE INCOME STANDARD, SHALL OFFER THE TWELVE MONTH WORK
EXEMPTION PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE HUNDRED THIRTY-TWO OF THIS CHAPTER, TO ALL PARENTS OR OTHER RELATIVES IN RECEIPT OF PUBLIC ASSISTANCE WHO ARE PERSONALLY PROVIDING CARE FOR A CHILD UNDER ONE YEAR OF AGE REGARDLESS OF WHETHER SUCH PARENT OR OTHER RELATIVE HAS PREVIOUSLY BEEN OFFERED AN EXEMPTION UNDER SUCH SECTION THREE HUNDRED THIRTY-TWO. THIS SECTION SHALL NOT APPLY TO INDIVIDUALS WHO: (I) SOLELY PARTICIPATE IN WORK ACTIVITIES THAT PROVIDE EARNED INCOME; OR (II) PARTICIPATE IN A COMBINATION OF WORK ACTIVITIES; FOR THE PORTION OF WORK ACTIVITIES THAT PROVIDE EARNED INCOME. (E) IN THE EVENT THAT A SOCIAL SERVICES DISTRICT MUST DISCONTINUE FUNDING TO A PRIORITY GROUP IT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN TEN DAYS OF SUCH ACTION, IDENTIFYING THE PARTIC- ULAR GROUP AFFECTED. IN THE EVENT THAT FUNDING IS RESTORED, THE SOCIAL SERVICES DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN TEN DAYS OF SUCH RESTORATION. (F) 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 assist- ance funds showing geographic distribution of children receiving assist- ance within the district, THE NUMBER OF WORKING FAMILIES WHO WERE OTHER- WISE ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE DISTRICT LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES AND THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT. [(e)] (G) 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] OF EVERY YEAR concerning the implementation of this section. This report shall include information concerning the disbursement of child care assistance funds showing geographic distrib- ution of children receiving assistance within the state. BEGINNING AUGUST THIRTY-FIRST, TWO THOUSAND FOURTEEN, SUCH REPORT, AND EACH SUBSE- QUENT REPORT THEREAFTER, SHALL ALSO: (I) IDENTIFY THE COUNTIES THAT HAVE DISCONTINUED OR RESTORED FUNDING TO PRIORITY GROUPS, AS SET FORTH IN SUBDIVISION (E) OF THIS SECTION; (II) LIST THE PRIORITY GROUPS AFFECTED; (III) PROVIDE FOR EACH COUNTY FOR EACH OF THE TWELVE MONTHS COVERED BY THIS REPORT THE NUMBER OF WORKING FAMILIES WHO WERE OTHERWISE ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE DISTRICT LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES; AND (IV) THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT. S 2. This act shall take effect immediately.

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