Current through Register Vol. 46, No. 39, September 25, 2024
For purposes of this Part and instruction of the
department pertaining thereto, the following definitions of terms shall
apply:
(a)
Child care
services means care for an eligible child provided on a regular basis
either in or away from the child's residence for less than 24 hours per day
which is provided by an eligible provider as defined in subdivision (g) of this
section. Child care services may occur for 24 consecutive hours or more when
such services are provided on a short-term emergency basis or in other cases
where the caretaker's approved activity necessitates care for 24 hours or more
on a limited basis, if the district has indicated in its Child and Family
Services plan that it will provide for such care. Child care services does not
refer to programs providing care for children operated solely for the purpose
of religious education, sports, recreation, classes, or lessons.
(b)
Eligible child means a
child who resides with a caretaker who meets the program and financial
eligibility requirements for the particular type of child care services and
who:
(1) is under 13 years of age at the time
of eligibility determination. For child care services provided under the New
York State Child Care Block Grant Program, a child who turns 13 years of age
remains eligible for assistance through the end of the eligibility period or
until the child reaches 14 years of age, unless otherwise eligible under
paragraph (2) or (3) of this subdivision. For child care services provided
under title XX of the Federal Social Security Act or provided as child
protective services or preventive services other than under the New York State
Child Care Block Grant Program, a child who turns 13 years of age during a
school year may continue to receive child care services through the end of that
school year; or
(2) is under 18
years of age at the time of eligibility determination and is a child with
special needs, as defined in subdivision (c) of this section, or is a child
under court supervision. For child care services provided under the New York
State Child Care Block Grant Program, a child who turns 18 years of age remains
eligible for assistance through the end of the eligibility period or until the
child reaches 19 years of age, unless otherwise eligible under paragraph (3) of
this subdivision; or
(3) is under
19 years of age and is a full-time student in a secondary school, or in an
equivalent level of vocational or technical training, and is a child with
special needs as defined in subdivision (c) of this section, or under court
supervision. For child care services provided under the New York State Child
Care Block Grant Program, a child who turns 19 years of age remains eligible
for assistance through the end of the eligibility period or until the child
reaches 20 years of age.
(c)
Child with special needs
means a child who is incapable of caring for himself or herself and who has
been diagnosed by a physician, licensed or certified psychologist or other
professional with the appropriate credentials to make such a diagnosis, as
having one or more of the following conditions to such a degree that special
education or related services are required, in accordance with section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401), part C of the Individuals with
Disabilities Education Act (20 U.S.C.
1431
et seq.), and section
504 of the Rehabilitation Act of 1973 (29
U.S.C. 794):
(1) visual impairment;
(2) deafness or other hearing
impairment;
(3) orthopedic
impairment;
(4) emotional
disturbance;
(5) intellectual
disability;
(6) learning
disability;
(7) speech or language
impairment;
(8) health
impairment;
(9) autism;
(10) multiple disabilities;
(11) traumatic brain injury;.
(12) deaf-blindness; or
(13) other health
impairment.
(d)
Caretaker means the child's parent, legal guardian or
caretaker relative, or any other person in loco parentis to
the child.
(e)
Caretaker
relative means any person who is a parent or other relative as set
forth in section
369.1(b)
of this Title who exercises responsibility for the day-to-day care of, and who
lives with, a child.
(f)
Person in loco parentis to a child means the child's guardian
or caretaker relative or any other person with whom a child lives who has
assumed responsibility for the day-to-day care and custody of the
child.
(g)
Eligible
provider means a person or entity that may provide child care services
to a child receiving child care assistance. Members of the child's or the
caretaker's public assistance unit, the child's caretaker, the spouse of the
child's caretaker, and other members of the child care services unit are not
eligible to provide subsidized child care to that child. An eligible provider
is one of the following:
(1) a validly
licensed or properly registered day care center or a properly registered
school- age child care program operated by a voluntary non-profit corporation
or association or an authorized child caring agency; or
(2) a validly licensed or properly registered
child day care center or a properly registered school-age child care program
operated by a private proprietary corporation or organization or by an
individual; provided, however, that for child care services provided under
title XX of the Federal Social Security Act or provided as child protective
services or preventive services that are funded other than under the New York
State Child Care Block Grant Program, such a provider will be an eligible
provider only with the prior approval of the commissioner of the Office of
Children and Family Services upon the demonstration by the social services
district that conveniently accessible non-profit facilities are unavailable or
unable to provide the required care; or
(3) a public school district operating a
child care program which meets State and Federal requirements and is enrolled
by an enrollment agency; or
(4) a
family day care home properly registered with the department to provide child
care services to children; or
(5) a
group family day care home issued a valid license by the department to provide
child care services to children; or
(6) a provider of informal child care as
defined in subdivision (h) of this section who is enrolled with an enrollment
agency in accordance with section
415.4(f)
of this Part; provided that such a provider is not an eligible provider for
child care services provided under title XX of the Federal Social Security Act
or provided as child protective services or preventive services that are funded
other than under the New York State Child Care Block Grant Program;
or
(7) a legally-exempt group child
care program as defined in subdivision (i) of this section which is enrolled
with an enrollment agency in accordance with section
415.4(f)
of this Part; provided, however, that such a program is not an eligible
provider for child care services provided under title XX of the Federal Social
Security Act or provided as child protective services or preventive services
that are funded other than under the New York State Child Care Block Grant
Program except as provided in paragraph (3) of this subdivision; or
(8) a child care provider who is licensed,
registered, or otherwise permitted to operate a child care program by another
Child Care and Development Fund grantee; or
(9) a child care provider certified to
operate by the United States Department of Defense.
(h)
Informal child care
refers to child care provided in a residence, which is not required to be
licensed or registered pursuant to section 390 of the Social Services Law.
Informal child care means in-home child care and family child
care.
(1)
In-home child care
means child care provided in the child's own home by a person who is at least
18 years of age, and who is chosen and whose services are monitored by the
child's caretaker; provided, however, that the child's caretaker must furnish
the child care provider with all employment benefits required by State and/or
Federal law, and must pay the child care provider at least the minimum wage, if
required.
(i)
Relative-only in-home
child care means in-home child care provided by a person, who is at
least 18 years of age, and who is, by virtue of blood, marriage or court
decree, related to all of the children in care receiving child care services as
a grandparent, great-grandparent, sibling provided that such sibling lives in a
separate residence from the child, aunt, or uncle.
(2)
Family child care means
child care provided in a residence in which one or more of the children in care
receiving child care services do not reside, by a person who is at least 18
years of age, and who is chosen and whose services are monitored by the child's
caretaker.
(i)
Relative-only family
child care means family child care provided by a person, who is at
least 18 years of age, and who is, by virtue of blood, marriage or court
decree, related to all of the children in care receiving child care services as
a grandparent, great-grandparent, sibling provided that such sibling lives in a
separate residence from the child, aunt, or
uncle.
(i)
Legally-exempt group child care means a program in a facility,
other than a residence, in which child care is provided on a regular basis and
is not required to be licensed by or registered with the office or licensed by
the City of New York but which meet all applicable State or local requirements
for such child care programs. Legally-exempt group child care includes, but is
not limited to:
(1) pre-kindergarten and
nursery school programs for children three years of age or older, and programs
for school-age children conducted during non-school hours, operated by public
school districts or by private schools or academies which provide elementary or
secondary education or both in accordance with the compulsory education
requirements of the Education Law, provided that such pre-kindergarten, nursery
school or school-age programs are located on the premises or campus where the
elementary or secondary education is provided. Provided, however, a
kindergarten or a pre-kindergarten operated by a public school district shall
not be required to be located on the premises or campus where the elementary or
secondary education is provided;
(2) nursery schools and programs for
pre-school-aged children operated by non-profit agencies or organizations or
private proprietary agencies which provide services for three or less hours per
day;
(3) summer day camps operated
by non-profit agencies or organizations or private proprietary agencies in
accordance with Subpart 7-2 of the State Sanitary Code;
(4) center-based child care programs located
on Federal property which are not certified to operate by the United States
Department of Defense when such programs are operated in compliance with the
applicable Federal laws and regulations for such child care programs;
(5) center-based child care programs located
on tribal property which are legally operating under the auspices of a tribal
authority that is not a Child Care and Development Fund grantee, and are
operated in compliance with the applicable tribal laws and regulations for such
child care programs; and
(6) child
care programs caring for not more than six school-age children during
non-school hours.
(j)
Family share means the weekly amount paid by the child's
caretaker toward the costs of the child care services determined in accordance
with section
415.3(e)
of this Part.
(k)
State
income standard means the most recent Federal income official poverty
line, as defined and annually revised by the United States Department of Health
and Human Services under the authority of
42
U.S.C. 9902(2), updated by
the department for a family size of four and adjusted by the department for
family size.
(l)
Child care
services unit means those adults and/or children residing in the same
household who will be considered for the purposes of determining a family's
eligibility for child care services. For the purposes of this Part, an
adult means any person 18 years of age or older unless the
individual meets the definition of a child with special needs or the district
has elected to include 18-,19- or 20-year old individuals in the same child
care services unit as their parent by indicating such option in its
consolidated services plan or integrated county plan. Districts have the option
to include all 18-, 19- or 20-year olds in the child care services unit or to
include only those 18-, 19- or 20-year olds whose inclusion in the child care
services unit would benefit the family. The district's approved consolidated
services plan or integrated county plan must specify the criteria it will use
to determine whether or not an 18-,19- or 20-year old is included in the child
care services unit.
(1) For families where
the child's caretaker is receiving public assistance, the child care services
unit will be comprised of the caretaker, his or her children and any other
member of the public assistance unit. For families where no adult family member
is in receipt of public assistance, the child care service unit will be
comprised as follows:
(i) when adults, other
than spouses, reside together and do not have a child in common, each adult
along with his or her child(ren) will be considered a separate child care
services unit;
(ii) when adults,
other than spouses, reside together and have at least one child in common, the
child care services unit will be comprised of the adults who have child(ren) in
common, the child(ren) those adults have in common, and the other child(ren) of
each such adult;
(iii) when a
custodial parent who is under the age of 21 years is residing with his or her
parent(s), or has established his or her own household, or resides with an
individual other than his or her parent(s), the child care services unit will
be comprised of the custodial parent who is under 21 years of age, his or her
child(ren), and any other individual in the household with legal responsibility
for the custodial parent's child(ren);
(iv) when an eligible child(ren) resides only
with individuals who are not the child(ren)'s parent, step-parent, adoptive
parent or legal guardian with financial responsibility for the child(ren), the
child care services unit will be comprised of the eligible child(ren) only;
and
(v) individuals who would
otherwise be included in the child care services unit but who are temporarily
absent from a household who meet the following criteria will be considered part
of the child care services unit:
(a)
individuals whose needs are partially or fully being met by members of the
household, such as children or minors attending school away from home;
provided, however, that a child away from home due to a foster care placement
will not be considered part of the child care services unit; and
(b) individuals who are required to
contribute to the needs of the
household.
(m)
Actual cost of care
means the rate usually charged by the child care provider for non-subsidized
child care services. When child care services are provided in accordance with
the terms of a contract between a social services district and the child care
provider, the negotiated contract rate is the actual cost of care for such
services even if such rate is less than the rate usually charged by the child
care provider for non-subsidized child care services.
(n)
Child care certificate
means a certificate that is issued directly to a child's caretaker which
verifies that the caretaker is eligible for subsidized child care services
which the caretaker arranges.
(o)
Engaged in work.
(1) For an
individual who is not receiving public assistance,
engaged in
work means that the individual:
(i)
is working, on average, at least the minimum number of hours per week as
specified by the Office, provided there is no physical or mental incapacity
that limits the person to working less than the specified amount, and earning
wages at a level equal to or greater than the minimum amount required under
Federal and State Labor Law for the type of employment; or
(ii) is self-employed and is able to
demonstrate that the hours worked are, on average, at least the minimum number
of hours per week as specified by the Office and such self-employment produces
personal income equal to or greater than the minimum wage or has the potential
for growth in earnings to produce such an income within one
year.
(2) For an
individual receiving public assistance, engaged in work means
the individual is engaged in work as defined by the social services district in
the district's employment plan submitted to and approved by the New York State
Office of Temporary and Disability Assistance.
(3) For an individual who is a certified or
approved foster parent and seeking child care services for a foster child,
engaged in work means that the individual is working or self-employed, without
regard to hours worked and/or the amount of income earned or
produced.
(p)
Seeking employment.
For an individual who is not receiving public assistance,
seeking employment means making in-person job applications,
going on job interviews, registering with a New York State Department of
Labor's Division of Employment Services Office to obtain job listings, and
participating in such other job seeking activities as are approved by the
social services district.
(q)
Family resources means
the value of:
(1) cash on hand;
(2) money in checking and savings
accounts;
(3) stocks, bonds, mutual
funds, mortgages (held), mortgage certificates, and other securities;
(4) lump sum payments;
(5) individual retirement accounts and
deferred compensation accounts and plans, including but not limited to IRAs,
401(k) and 457(b) plans, life insurance policies, trust funds, and annuities;
and
(6) real and personal property
including licensed and unlicensed vehicles, homes, buildings, land,
recreational properties, other real estate property, non-essential household
furnishings, art, and jewelry.
(r)
Office means the New
York State Office of Children and Family Services.
(s) The enrollment agency,
also known as the legally-exempt caregiver enrollment agency
means the agency under contract with the office to enroll legally-exempt child
care providers, including informal child care and legally-exempt group child
care to provide subsidized child care services funded under the New York State
Child Care Block Grant Program. For each social services district in New York
State except for the City of New York, the enrollment agency will be the
applicable child care resource and referral agency under contract with the
office to serve that district. For the City of New York, the enrollment agency
will be an entity or entities identified by the office in consultation with the
New York City Human Resources Administration and the New York City
Administration for Children's Services.
(t)
Child care provider
means a person or entity that is responsible for all matters related to the
operation, oversight and direction of any child day care program or enrolled
legally-exempt child care provider. Child care provider includes a person
providing care in a residence where the provider has responsibility for the
supervision and care of the children, and any person, association, corporation,
partnership, institution, organization, or agency that oversees a child care
program in a facility that is not a residence.
(u)
Legally-exempt child care
provider means a person or entity that provides child care and is not
required to be licensed or registered pursuant to section 390 of the Social Services Law.
(v)
Director means the
person or persons who have responsibility for the development and supervision
of the daily activity programs for children in care and/or the administrative
authority and responsibility for the daily operations of a legally-exempt group
child care program. Director may include:
(1) an administrative director, who is the
person(s) responsible for all matters related to the operation, oversight, and
direction of the child care program;
(2) an on-site director, who is the person(s)
present at the child care program during the hours of operation and responsible
for the supervision of children and staff.
(w)
Employee is used
interchangeably with the term staff, and means all personnel including
directors, temporary personnel, teachers, aides, para-professionals, cooks,
custodians, administrative staff and any other person(s) employed by a
legally-exempt child care provider.
(x)
Enrollment applicant
means a person submitting an application for enrollment or re-enrollment as an
informal child care provider, or the director designated to submit such an
application to be a legally-exempt group child care program on behalf of an
entity, including, but not limited to, a person, association, corporation,
partnership, institution, organization, or agency.
(y)
Family child care household
member means a person living in the residence where family child care
or relative-only family child care is provided.
(z)
Medication administrant
is a person licensed in New York State as a physician, physician assistant,
registered nurse, nurse practitioner, licensed practical nurse, or advanced
emergency medical technician; or a legally-exempt child care provider or his or
her employee, who is trained in medication administration, cardiopulmonary
resuscitation, and first aid. The medication administrant must be designated in
a health care plan which meets the specifications of section
415.13
of this Part and be authorized by the office or its designees to administer
medications.
(aa)
Volunteer means any unpaid person present for the purpose of
assisting with care of children or the operation of the child care program, and
who has the potential for either unsupervised contact or regular and
substantial contact with children in care.
(ab)
Visitor means any
person other than a child in care, employee, caretaker, volunteer, or household
member.
(ac)
Child care
assistance, also known as child care subsidy, is
administered by the office, in accordance with the Social Services Law, to help
eligible families in meeting the cost of child care services.
(ad) Non-school hours shall mean any time a
specific child is not physically required to be present in school as part of
the regular school day, including during virtual and/or remote
learning.
(ae) State median income
means the most recent state median income data published by the Bureau of the
Census, for a family of the same size, updated by the department for a family
size of four and adjusted by the department for family
size.
