Relates to recipients of public assistance who lack appropriate child care

BILL NUMBER:S5427

Title of bill

An act to amend the social services law, in relation to recipients of public assistance who lack appropriate child care

Purpose or general idea of bill

Requires that no applicant for or recipient of an eligible child shall be subject to ineligibility provisions if the lack of child care that is appropriate prevents the individual from abiding by the requirements.

Summary of specific provisions

The social services law is amended by adding a new subdivision 5 of section 131, as added by section II of part B of chapter 436 of the laws of 1997, that provides that no applicant or recipient who is a parent or caretaker relative of an eligible child shall be subject to the ineligibility provisions of social service law if the lack of child care that is appropriate, suitable, and within a reasonable distance, and reflects parental preferences prevents the individual from complying with existing requirements.

Section 2 paragraph (e) of subdivision 1 of section 332 as amended by section 148 of part B of chapter 436 is amended and a new paragraph (f) is added to read as follows: the parent or caretaker of an eligible child, shall not be deemed ineligible for public assistance during the period of time of which such participation in work activities is prevented by the lack of appropriate child care that is appropriate, suitable, and within a reasonable distance, reflective of the child care preferences included in the parent's assessment.

Section 3, subdivision 1 of section 336-d of the social services law, as added by section 148 of part B of chapter 436 of the laws of 1997, provides that no applicant or recipient who is a parent or caretaker relative of an eligible child shall be subject, to the ineligibility provisions of social service law if the lack of child care that is appropriate, suitable, and within a reasonable distance, and reflects parental preferences prevents the individual from complying with existing requirements.

Justification

The federal Temporary Assistance for Needy Families (TANF) program provides assistance to low-income families with children to achieve self-sufficiency. At the end of 2011, the total number of recipients receiving TANF in New York was 278,632. Under the federal welfare law, states are required to ensure that a set percentage of recipients participate in work activities.

This legislation clarifies state policies related to the rights of public assistance recipients transitioning to self sufficiency through work and, by doing so, it will reduce the number of families living in poverty by helping them secure employment and ensuring that local social services districts make the appropriate resources available to the parents and the caretakers of children who are on public assistance.

This legislation conforms with existing federal regulations that include a provision stating that a "refusal to work when an acceptable form of child care is available is not protected from sanctioning."

Prior legislative history

2012: A.9700 - Referred to Social Services

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the 120th day after enactment.