Child Care Policy Updates

February 1, 2002

Author: Susan C. Antos

Governor Signs Seamless Funding Bill

With only 11 days left to go in the year 2001, Governor Pataki signed the “Seamless Funding Bill” which both improves accessibility to child care services for low income families and expands child care availability to those attending post-secondary education.

The law, which is now Chapter 569 of the Laws of 2001, restores the language of social services law section 332-a which allowed welfare recipients to receive child care during breaks of activities for up to one month. This provision was repealed as part of welfare reform and was a short-sighted way to conserve child care dollars. With child care at a premium, it serves both the parent and the wellbeing
of the child to continue care between breaks in the parent’s activities. The language was restored at social services law section 410-w(1)(a).

The law also abolishes the requirement that parents make a new child care application for Transitional Child Care after they leave public assistance. Under this law, eligibility for Transitional Child Care will be automatically determined. Social services law § 410-w(5). Finally, the law permits, but does not require, social services districts to provide child care to those attending any post-secondary educational program so long as they are working at least 17 ½ hours per week.
Social services law § 410-w(1)(d).

Unfortunately, we will have to wait for these benefits; the effective date is 180 days from the date it was signed, on June 19, 2002.

Child Care Guarantee for Very Low Income Workers

Chapter 566 of the Laws of 2001 was also signed by Governor Pataki on December 19, 2001 and will guarantee child care for families who are otherwise eligible for public assistance but who choose not to receive such assistance. This bill, which amends social services law § 410-w(4)(a), responds to the concerns of low income parents such as those from Project Dandelion in Buffalo who did not want to receive ongoing cash assistance but felt that they had to do so in order to receive the child care guarantee. This bill was effective immediately on December 19, 2001.

Child Care Wage Supplement Program Continues

Section 410-bbb of the Social Services Law allows child care workers to receive annual wage supplements of amounts between $350.00 and $750.00 depending upon their level of education.

Although 40 million dollars was appropriated for this program, it has been grossly underutilized, and less than 10 million dollars has been disbursed to date. Workers must have been employed with the same provider for 12 months before they can apply and must remain employed for an additional six months before the supplement will be issued.
Child care providers should be encouraged to apply for this program.  Applications can be received by fax or mail by calling 518-473-1008. Although the program was due to sunset  September 30, 2001, it has been extended until December 31, 2002.

The Office of Children and Family Services (OCFS) has announced that applicants who have previously received a grant may be eligible for a second grant if their second 18 month period is completed by December 31, 2001. OCFS will send follow-up paperwork to providers eligible for this second grant. Providers who think they are eligible for a second grant will not have to reapply online or send in a second paper application, according to a January 15, 2002 letter from OCFS.

Child Support Cooperation IS NOT a Requirement for Child Care Services

Two years ago, the Office of Children and Family Services in conjunction with the Office of Temporary and Disability Assistance issued 99 ADM-5 regarding Child Support Cooperation. This ADM listed the procedures for imposing child support cooperation as a condition of day care eligibility. The ADM also indicated at page 47 that the requirement could not be imposed until regulations were promulgated.  To date no regulations have been promulgated. If any social services districts are making cooperation with child support enforcement a condition of receipt of day care, that requirement is illegal. The Office of Child Support Enforcement has agreed to contact any social services districts that are illegally imposing that requirement. Please contact Susan Antos of the Greater Upstate Law Project for more information.