Relates to the statewide presumptive eligibility standard for the receipt of child care assistance, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    757
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law, in relation to the use of child
   care block grant funds for the statewide presumptive eligibility peri-
   od for the receipt of child care assistance; and to amend a chapter of
   the laws of 2024 amending the social services law relating to the  use
   of  child  care block grant funds for the statewide presumptive eligi-
   bility period for the receipt of child care assistance, as proposed in
   legislative bills numbers S. 4667-A and A. 4099-A, in relation to  the
   effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3-a of section 410-w  of  the  social  services
 law,  as  amended  by  a chapter of the laws of 2024 amending the social
 services law relating to the use of child care block grant funds for the
 statewide presumptive eligibility period for the receipt of  child  care
 assistance,  as  proposed  in legislative bills numbers S. 4667-A and A.
 4099-A, is amended to read as follows:
   3-a. A local social services district [shall] MAY,  UPON  NOTIFICATION
 TO  THE  OFFICE,  utilize  a presumptive eligibility standard to provide
 child care assistance, in accordance with this subdivision.  The  office
 of  children  and  family  services  shall  issue guidance regarding the
 preliminary eligibility criteria to be used  by  local  social  services
 districts utilizing a presumptive eligibility standard.
   (a)  A  local social services district OPTING TO UTILIZE A PRESUMPTIVE
 ELIGIBILITY STANDARD, shall, upon receipt of an  application  for  child
 care  assistance,  including all completed documentation required by the
 district, complete a preliminary eligibility determination.
   (b) If the family meets  the  preliminary  eligibility  criteria,  the
 family  shall  be  presumed  eligible  for child care assistance for the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02833-01-5
 S. 757                              2
 
 period from the date of the application to the date of the final  eligi-
 bility determination.
   (c)  A  local  social  services  district may utilize child care block
 grant funds for the presumptive eligibility period TO THE EXTENT PERMIT-
 TED BY FEDERAL LAW.
   (d) If, upon final  determination,  the  application  for  child  care
 services  is  denied,  the  social  services district shall send written
 notice to the applicant of the determination of ineligibility and of the
 applicant's right to a fair hearing in accordance with  the  regulations
 of the office.
   §  2.  Section  2 of a chapter of the laws of 2024 amending the social
 services law relating to the use of child care block grant funds for the
 statewide presumptive eligibility period for the receipt of  child  care
 assistance,  as  proposed  in legislative bills numbers S. 4667-A and A.
 4099-A, is amended to read as follows:
   § 2. This act shall take effect [immediately and shall  be  deemed  to
 have  been in full force and effect on and after May 3, 2024] ON THE ONE
 HUNDRED EIGHTIETH DAY AFTER IT SHALL HAVE BECOME A LAW.  EFFECTIVE IMME-
 DIATELY, THE ADDITION, AMENDMENT AND/OR REPEAL OF ANY RULE OR REGULATION
 NECESSARY FOR THE IMPLEMENTATION OF THIS ACT ON ITS EFFECTIVE  DATE  ARE
 AUTHORIZED TO BE MADE AND COMPLETED ON OR BEFORE SUCH DATE.
   §  3.  This  act shall take effect immediately; provided however, that
 section one of this act shall take effect on the same date  and  in  the
 same  manner  as  a  chapter  of  the  laws  of 2024 amending the social
 services law relating to the use of child care block grant funds for the
 statewide presumptive eligibility period for the receipt of  child  care
 assistance,  as  proposed  in legislative bills numbers S. 4667-A and A.
 4099-A, takes effect.