Relates to notification to families receiving child care assistance; repealer

BILL NUMBER:S1517

Title of bill

An act to amend the social services law, in relation to notification to families receiving child care assistance, and to repeal certain provisions of such law relating thereto

Purpose or general idea of bill

To afford families the time necessary to plan should they experience a disruption in child care services due to a reduction in financial eligibility in relation to child care subsidies.

Summary of specific provisions

Section one would repeal subdivision 9 of section 34-a of the Social Services Law as added by Chapter 495 of the Laws of 2014 and add a new subdivision 9. This subdivision would require that a local social services district that reduces eligibility for child care assistance or increases the family share post on its website the categories of families that will be impacted, and provide a copy of such notice to the Office of Children and Family Services (OCFS). The district would also be required to post on its website the categories of families impacted when the process for closing child care assistance cases is implemented, and forward a copy of such notice to OCFS. OCFS would be required to post both notices on its website.

Section two would require that a local social services district reducing eligibility for child care assistance, increasing the family share or closing child care assistance cases must provide all families impacted by the change at least thirty days prior written notice of such action.

Section three of the bill would set the effective date as immediately; provided that section one of the bill will take effect at the same time as Chapter 495 of the Laws of 2014 and section two of the bill will take effect July 1, 2015.

Justification

In February 2010, with only 10 days notice, the families of 1500 children in Erie County were notified that their child care subsidies would be terminated because the county was lowering its eligibility levels from 200% to 125% of the poverty level. This short notice left many families in a compromised situation and required some to leave their jobs and others to remove their children from safe, secure and quality child care with little to no time to arrange satisfactory alternatives. These families experienced undue hardship as a result of this inadequate notice timeframe.

State regulations require that an individual be given 10 days notice of a reduction or discontinuance of social services benefits. That notice provision makes sense if the adverse action is caused by a change in the individual's income or resources. However, it does not make sense when a county adjusts their child care eligibility levels or its co-payment structure.

This bill would require that counties notify affected families when the social services district plans to lower eligibility levels, increase the co-payment or close child care cases at least thirty days prior to the action taking effect, thereby giving families more time to plan for their child care needs.

Prior legislative history

This is a new bill.

Fiscal implications for state and local governments

Minimal.

Effective date

This act shall take effect immediately; provided that section one of the bill will take effect at the same time as Chapter 495 of the Laws of 2014 and section two of the bill will take effect July 1, 2015.