2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 5 - (410 - 410-CCC) DAY CARE FOR CERTAIN CHILDREN
410-BB - Grants to not-for-profit facilities providing day care for children for employee salary and benefit enhancements.

 
    §  410-bb.  Grants to not-for-profit facilities providing day care for
  children  for  employee  salary  and  benefit   enhancements.   1.   The
  legislature  finds and declares that a crisis exists in the availability
  and quality of child day care in New York state  and  that  this  crisis
  poses a danger both to the welfare and safety of the children and to the
  productivity  of this state's workforce; that inadequate salaries and in
  many cases nonexistent benefit packages have  substantially  contributed
  to  the  existing  crisis by precluding day care centers from recruiting
  and  retaining  necessary  teaching  and  supervisory  staff;  that   an
  extremely  high  turnover rate has interfered in many instances with the
  ability of day care centers to comply with regulatory  requirements  and
  to  properly serve the children in their care; and that because of these
  extraordinary circumstances New York state must  intervene  and  provide
  assistance  for  recruitment  and  retention  of child care workers. The
  legislature recognizes that a long-term solution  to  this  crisis  will
  require  cooperative  efforts  among  the  business community, local and
  state governments and families.
    2.  Within  amounts  appropriated  specifically  therefor,  and  after
  deducting  funds  as  specified in subdivision three of this section the
  commissioner shall allocate funds to local social services districts for
  grants to eligible not-for-profit day care  centers  for  retention  and
  recruitment of teaching and supervisory staff, as follows:
    (a) a city social services district with a population in excess of one
  million  shall  be  allocated  a portion of such funds based on an equal
  weighting of:
    (i) its proportion of the state population of children aged  five  and
  under, and
    (ii)  its proportion of total claims for reimbursement received by the
  department by May thirty-first, nineteen hundred  eighty-eight  for  the
  low income, transitional and teen parent day care programs authorized by
  chapter fifty-three of the laws of nineteen hundred eighty-seven.
    (b)  all  other  eligible  local  social  services  districts shall be
  allocated the remaining  portion  of  funds  based  on  each  district's
  proportionate   share  of  licensed  not-for-profit  day  care  capacity
  relative to the total capacity of all such other eligible districts.
    3. Five percent of the funds appropriated  for  such  recruitment  and
  retention  purposes  shall be reserved for administration of the program
  and allocated as follows:
    (a) each local social services district shall be allocated  an  amount
  equivalent to five percent of the funds it receives under paragraphs (a)
  and  (b)  of  subdivision two of this section, provided that no district
  shall receive an  amount  less  than  twenty-five  hundred  dollars  nor
  greater than one hundred fifty thousand dollars, and
    (b) remaining funds shall be allocated to the department. In the event
  that  a  not-for-profit  child  care resource and referral agency or the
  department distributes  funds  in  an  eligible  district,  as  provided
  herein,  such  agency or department may retain the amount that otherwise
  would be available to the eligible district.
    4. Not later than thirty days following the  effective  date  of  this
  section,  the  commissioner shall notify local social services districts
  of the amounts allocated to each district  and  provide  forms  for  the
  collecting of information pursuant to this section.
    5. For the purposes of this section, an eligible district shall mean a
  local  social  services  district that is providing, as of the effective
  date of this section, or which shall agree to provide  in  such  written
  form  and  by  such  date  as  shall  be  acceptable  to the department,
  subsidized day care services under the special day care services program

  authorized by chapter  fifty-three  of  the  laws  of  nineteen  hundred
  eighty-eight.
    6.  Eligible  districts  may  apply  on  or  before  the ninetieth day
  following the effective date of this section to receive  such  allocated
  funds  by  submitting  to the department a plan on forms provided by the
  department. Such plan shall be developed by the  local  social  services
  commissioner  in  consultation  with directors of participating eligible
  day care centers, as such  term  is  defined  herein.  Such  plan  shall
  include:  methods  to  increase  the  amount  of  day  care provided for
  families having an income at or below two hundred percent of the federal
  proverty level in such district; proposed steps to be taken  to  sustain
  gains  in recruitment and retention of staff achieved by  funds provided
  herein; information specified in paragraph (c) of subdivision  seven  of
  this  section;  and  a proposed allocation of funds to eligible day care
  centers based on the following factors:
    (a) forty percent of the funds allocated to  such  district  shall  be
  distributed  to each eligible center based on such center's share of the
  total full time  equivalent  teaching  and  supervisory  staff  of  such
  centers in the district as a whole;
    (b)  forty  percent  of the funds allocated to such district  shall be
  distributed to each eligible center based on such center's share of  the
  number  of  children  from  families  having  an  income at or below two
  hundred percent of the federal poverty level receiving day care services
  in all such centers in the district, regardless of whether such children
  are receiving subsidized care; and
    (c) notwithstanding any other provision of  this  subdivision,  twenty
  percent of the funds allocated to such district  shall be distributed to
  some  or all eligible centers in a manner to further improve recruitment
  and retention of qualified staff.  Distributions  under  this  paragraph
  shall  be  based  on factors including, but not be limited to seniority;
  educational qualifications; worker income; benefit levels,  vacancy  and
  turnover  rates;  or  enhancement of distributions pursuant to paragraph
  (a) or (b) of this subdivision.
    The commissioner shall make  copies  of  proposals  available  to  the
  public upon request.
    7. For the purposes of this section, an eligible day care center means
  a  not-for-profit  center which provides services for children in single
  or double sessions for six or more hours per day for five or  more  days
  per  week  and  holds a permit or certificate issued pursuant to (i) the
  provisions of section three hundred ninety of this article, or (ii)  the
  New  York  city  health  code  as  authorized  by  section  five hundred
  fifty-eight of the New York city charter; provided, however, that:
    (a) a center whose permit has been denied, suspended  or  revoked,  or
  which  is  found  in  any twelve month period preceding or following the
  date of the allocation of funds made pursuant to subdivision two of this
  section to be in violation of  section  three  hundred  ninety  of  this
  article  after a hearing conducted as provided therein or after decision
  by any court of competent jurisdiction, shall not be eligible to receive
  funds pursuant to this section;
    (b) the existence of a current  contract  for  purchase  of  day  care
  services  between  an eligible district and a center may not be required
  as a precondition to receive such funds, but such center shall agree  to
  accept  children  subsidized by the district in the next available space
  after receipt of a request from the district to place a  child  in  such
  center;
    (c)  each  such  center  must  provide  to  the  local social services
  district the following information on forms provided by the department:
    (i) child care capacity, by ages of children;

    (ii) the number of children in such center, by  ages,  whose  families
  have  incomes  at  or  below  two hundred percent of the federal poverty
  level, regardless of whether  such  children  are  receiving  subsidized
  care;
    (iii)  the  number  of children specified in subparagraph (ii) of this
  paragraph receiving subsidies and the type of subsidy;
    (iv) a schedule of fees charged for services;
    (v) the  total  annual  revenue  from  all  sources,  including  fees,
  donations, grants, revenue from local governments and revenue from state
  agencies;
    (vi)  the  total  annual  expenditures  for rent or mortgage payments;
  equipment, property, liability and  other  insurance;  utilities;  food;
  supplies and materials; and
    (vii)  total  annual expenditures for salaries and benefits, including
  the number, title, qualifications and salary levels  of  existing  staff
  and types and amounts of benefits; and
    (d)  each  eligible  day care center must agree, to the maximum extent
  feasible, to enhance its future revenues to sustain the level  of  staff
  salary and benefits as provided herein.
    8.  Should  an  eligible  district  not  apply  for  such  funds,  the
  commissioner may contract with a not-for-profit child care resource  and
  referral  agency as such term is defined in title five-B of this article
  which is serving such district to distribute such funds allocated to the
  district in the same manner as is required of an  eligible  district  in
  accordance  with  the  other provisions of this section.  If two or more
  not-for-profit child care resource and  referral  agencies  are  serving
  such  district, preference shall be given to the agency or agencies with
  existing contracts with the commissioner. If such agency does not  exist
  or  declines  to participate, the department shall disburse funds in the
  manner as is required of an eligible district pursuant to this section.
    9.  A plan developed and submitted to the department pursuant  to  the
  provisions  of  this section shall be considered approved unless, within
  thirty days of the receipt of such plan,  the  department  notifies  the
  eligible  district or agency that the plan is not approved and specifies
  in writing the basis for such disapproval.  The commissioner shall  make
  allocated  funds  and  administrative  funds  available  as  advances to
  eligible districts whose plans  have  been  approved  pursuant  to  this
  section.
    10.    Eligible  districts  shall  make  allocated  funds available as
  advances to eligible day  care  centers  in  accordance  with  the  plan
  approved  by  the department. Such districts shall notify the department
  when all such funds have been disbursed  but  all  such  funds  must  be
  disbursed not later than October first, nineteen hundred eighty-nine.
    11.    Any  funds  allocated to eligible districts or day care centers
  which cannot  be  used  in  the  manner  as  provided  herein  shall  be
  reallocated  among other eligible districts as provided in paragraph (b)
  of subdivision two of this section.
    12.  Funds received by eligible day care centers shall be used  solely
  for   employee   benefits  and  salary  enhancements  for  teaching  and
  supervisory staff, and shall not be used to supplant or  substitute  for
  any  other  funding  available  for  day  care  services,  or to provide
  services which  eligible  day  care  centers  are  required  to  provide
  pursuant  to  contracts with the state, local social services districts,
  authorized agencies, individuals or other organizations.
    13.  Nothing contained herein shall prevent an eligible  district,  or
  any  other person or entity, at its discretion, from contributing funds,
  including administrative funds received pursuant to subdivision three of
  this section, to the program established pursuant to this section.

    14.  The department shall:  (a)  provide or cause to be  provided,  to
  the  maximum  extent feasible, technical assistance to eligible day care
  centers and districts concerning  employee  benefit  options,  long-term
  planning,  management  of  funds,  responsibilities required pursuant to
  this  section,  maximization  of  the  use  of  available  subsidy funds
  including Title XX and Title IV-A of the  Federal  Social  Security  Act
  and  such  other matters as may be helpful to sustain the level of staff
  salary and benefits as provided herein;
    (b) annually examine cost data concerning rates  of  payment  for  day
  care  and  establish appropriate recommended fee schedules as guidelines
  for use by local social services districts in  developing  comprehensive
  annual social services program plans;
    (c)    promulgate  regulations  not  later  than  July first, nineteen
  hundred eighty-nine, to establish a maximum rate of payment for day care
  centers which shall reflect adjustments in the cost of  care  since  the
  establishment  of  the maximum rate in effect on January first, nineteen
  hundred eighty-six. Such maximum rate shall be  calculated  by  applying
  thereto  increases  in  the cost of living since January first, nineteen
  hundred  eighty-six,  updated  by  the   department   through   December
  thirty-first,  nineteen  hundred  eighty-nine,  and  also  to the extent
  possible and based on the availability of such information, factors such
  as changes in the costs of insurance,  rent,  utilities  and  labor  and
  benefits  and  such other factors the department shall deem appropriate,
  which exceed such increases in the cost of living,  as  updated  through
  December  thirty-first, nineteen hundred eighty-nine; provided, however,
  that:
    (i) actual payment for day care services rendered shall not exceed the
  actual cost of such care;
    (ii) nothing  contained  herein  shall  prevent  the  department  from
  establishing  a  rate  of payment for day care centers greater than that
  required pursuant to this subdivision;
    (iii) approved rates of payment in  excess  of  the  rate  established
  pursuant  to  this  paragraph  in  effect  prior to July first, nineteen
  hundred eighty-nine shall be continued;
    (iv) nothing  contained  herein  shall  prevent  the  department  from
  approving  exceptions  to the rate of payment established herein to meet
  specific identified needs of a local social services district;
    (v) such regulations may include a higher maximum rate of payment  for
  infant care, or care of children with special needs.
    d.  Notwithstanding any other section of law to the contrary, by April
  first,  nineteen  hundred  eighty-nine,  the  department  shall  develop
  guidelines and may, with the approval of the director of the division of
  the  budget  grant  to  local  districts  for one year waivers to income
  eligibility standards established pursuant to  law  for  subsidized  day
  care under the special day care services program.  Such waivers shall be
  granted  to  increase eligibility standards up to twenty-five percent of
  the  federal  poverty  level  above  the  income  eligibility   standard
  established by law as a percentage of the federal poverty level. Waivers
  shall  be granted only upon the submission of documentation establishing
  that:
    (i) the local social services district is  serving  substantially  all
  eligible  families  with  incomes  at  or  below  the established income
  eligibility  standard.  A  district  shall  be  deemed  to  be   serving
  substantially  all  eligible  families  if  it  meets  the following two
  criteria: (a) the percentage of eligible children served in the district
  meets or exceeds the percentage of eligible  children  served  statewide
  under  the  special  day  care services program and (b) the district has
  provided day care services to any  additional  children  whose  families

  have been identified in such district's outreach program as described in
  subparagraph  (ii)  of  this  paragraph  as  eligible  for  and desiring
  subsidized day care services;
    (ii)  the  local  district  has  established  a district-wide outreach
  program  which  identifies  eligible  families  who  are  not  receiving
  subsidized  child  day care under the special day care services program,
  and informs all such families of their availability,  and  assists  such
  families desiring subsidized services to obtain them;
    (iii)  a  family  receiving  a  subsidy  under  the  district's waiver
  provisions shall be required to contribute a greater amount towards  the
  cost  of  care  than  a  family  eligible  under  the established income
  eligibility standard;
    (iv) the local district has included an  estimate  of  the  number  of
  children who will be served under the waiver provisions;
    (v)  the  local  district  has submitted claims to income eligible day
  care expenses under Title XX of the federal Social Security Act;
    (vi) the district has available to  it  a  higher  allocation  in  the
  current  fiscal  year  than the amount of reimbursement received by such
  district in the previous fiscal  year  for  subsidized  care  under  the
  special day care services program.
    (e)  submit a report to the governor and to the chairmen of the senate
  finance  committee  and  the assembly ways and means committee not later
  than December thirty-first, nineteen hundred eighty-nine on the  program
  established  pursuant  to this section, including the number, amount and
  recipients of grants in each eligible district; the purposes and uses of
  such grants; an evaluation of any resulting improvements in  recruitment
  and  retention  of qualified staff, current local eligibility standards,
  any use of the waiver process, state cost of increasing the  eligibility
  standards established by law up to twenty-five percent and fifty percent
  of  the federal poverty level on a county by county basis for subsidized
  day care under the special day care services program and recommendations
  for long-term solutions to the problems of recruitment and retention  of
  teaching and supervisory staff.