2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 5-C - (410-U - 410-Z) BLOCK GRANT FOR CHILD CARE
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, for a period of up to two
  weeks. Such child day care may be authorized for a period of up  to  one
  month if child care arrangements shall be lost if not continued, and the
  program or employment is scheduled to begin within such period;
    (b)  families  with  incomes  up  to  two hundred percent of the state
  income standard 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; and,
  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  two  hundred  percent  of  the  state
  income  standard 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  two hundred percent of the state
  income standard who are attending a post secondary  educational  program
  and working at least seventeen and one-half hours per week; and
    (e) other families with incomes up to two hundred percent of the state
  income  standard  which  the  social services district designates in its
  consolidated services plan as eligible  for  child  care  assistance  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 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 two hundred percent of the state income standard. 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.
    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 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.