New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 2 - Family and Children's Services
Part 415 - Child Care Services
Section 415.2 - Eligibility, guarantees, and priorities for child care services

(i) A social services district must guarantee child care services to a family who has applied for or is receiving public assistance when such services are needed for a child under 13 years of age in order to enable the child's parent(s) or caretaker relative(s) to participate in activities required by a social services official including orientation, assessment, or work activities as defined in 18 NYCRR Part 385. The guarantee applies to all eligible children of the parent(s) or caretaker relative(s) regardless of the child's status as part of the public assistance filing unit. When child care assistance is provided to a family who has a pending application for public assistance pursuant to this subparagraph, and such application is denied, the associated child care assistance case must be closed, regardless of the eligibility period, unless the family is determined otherwise eligible for child care assistance.

(ii) A social services district must guarantee to applicants who would otherwise be eligible for, or are recipients of, public assistance benefits and who are employed, the option to choose to receive continuing child care assistance in lieu of public assistance benefits, for such period of time as the recipient continues to be eligible for public assistance. For the purposes of this section, an eligible applicant for, or recipient of, public assistance benefits and who is employed, includes a person whose gross earnings equal, or are greater than, the required number of work hours times the State minimum wage. Recipients of child care assistance under this section who are no longer eligible for public assistance benefits shall be eligible for transitional child care described in subparagraph (iv) of this paragraph as if they had been recipients of public assistance.

(iii)A social services district must guarantee child care services to a family who is receiving public assistance when such services are needed for a child under 13 years of age in order to enable the child's parent(s) or caretaker relative(s) to engage in work as defined by the social services district.

(iv) A social services district must guarantee child care services for a period of up to 12 consecutive months after the month in which a family's public assistance case closed or, for those who chose child care in lieu of public assistance, the month after the family is no longer financially eligible for public assistance, provided:

(i) A family which has applied for or is receiving public assistance when such services are needed for an eligible child aged 13 or older, who has special needs or is under court supervision, in order to enable the child's parent(s) or caretaker relative(s) to participate in activities required by social services officials including orientation, assessment, or work activities defined in 18 NYCRR Part 385.

(ii) A family receiving public assistance when such services are needed for a child aged 13 or older, who has special needs or is under court supervision, in order to enable the child's parent(s) or caretaker relative(s) to engage in work as defined by the social services district.

(iii) A family receiving public assistance when child care services are necessary:

(iv) A family with income up to 300 percent of the state income standard, provided the family income does not exceed 85 percent of the state median income when the family is at risk of becoming dependent on public assistance and child care services are needed:

(v) A family experiencing homelessness, in accordance with section 725 of Subtitle VII-B of the McKinney-Vento Act, with income up to 300 percent of the state income standard, provided the family income does not exceed 85 percent of the state median income, and child care services are needed for the child's caretaker(s) to seek housing and:

(i) a family receiving public assistance when child care services are necessary for a parent or caretaker relative to participate in an approved activity in addition to their required work activity;

(ii) a family receiving public assistance when child care services are necessary for a sanctioned parent or caretaker relative to participate in unsubsidized employment whereby the parent or caretaker relative receives earned wages at a level equal to or greater than the minimum amount required under Federal and State Labor Law;

(iii) a family receiving public assistance or with income up 300 percent of the state income standard, provided the family income does not exceed 85 percent of the state median income, when child care services are needed for the child to be protected because the child's caretaker is:

(iv) a family is receiving public assistance or has income up to 300 percent of the state income standard, provided the family income does not exceed 85 percent of the state median income, and child care services are needed for the child's caretaker to attend a four-year college or university program leading to a bachelor's degree provided:

(v) a family is receiving public assistance or has income up to 300 percent of the state income standard, provided the family income does not exceed 85 percent of the state median income, and child care services are needed for the child's caretaker to attend a two-year degree granting program at a community college, a two-year college, or an undergraduate college leading to an associate degree or certificate of completion within a determined time frame which must not exceed 48 consecutive calendar months;

(vi) a family with an open child protective services case when it is determined on a case- by-case basis that such child care is needed to protect the child;

(vii) a family with income up to 300 percent of the state income standard, provided the family income does not exceed 85 percent of the state median income, when child care services are needed for the child to be protected because the child's caretaker is physically or mentally incapacitated or has family duties away from home necessitating his or her absence;

(viii) a family with income up to 300 percent of the state income standard, provided the family income does not exceed 85 percent of the state median income, when child care services are needed for the child's caretaker to participate in one of the following activities provided such activity is an allowable activity set forth in the social services district's consolidated services plan or integrated county plan and the district determines that the activity is a necessary part of a plan for the family's self-support:

(ix) a family with income up to 300 percent of the state income standard, provided the family income does not exceed 85 percent of the state median income, when child care services are needed for the child to be protected because one of the child's caretakers is engaged in work as defined in section 415.1(o)(1) of this Part and the child's other caretaker is physically or mentally incapacitated or has family duties away from home necessitating his or her absence.

(i) For child care services funded under the New York State Child Care Block Grant Program, each social services district must give priority to the following federally-mandated populations:

(ii) For child care services funded under the New York State Child Care Block Grant Program and/or under title XX of the Federal Social Security Act, each social services district may establish local priorities for child care services provided that the priorities provide eligible families with equitable access to child care assistance funds to the extent that these funds are available. Any local priorities must be set forth in the district's consolidated services plan or integrated county plan.

(i) Each social services district may set aside a portion of the district's New York State Child Care Block Grant allocation and/or its title XX allocation to serve one or more of the Federal and/or the district's local priority populations including families eligible for a child care guarantee; provided that the method of disbursement of funds to priority groups provides that eligible families within a priority group will receive equitable access to child care assistance funds to the extent that such funds are available.

(ii) Each funding set aside must be based on a 12-month period and must be described in the district's consolidated services plan or integrated county plan along with the rationale for the set aside amount based on the projected need for that population.

(iii) Within each 12-month period, the amount of the set aside for each particular priority population may be adjusted up or down by 10 percent without the prior written approval of the office. Each such adjustment to a set aside amount must be reported to the office within 30 days of the adjustment.

(iv) The prior approval of the office is needed for any adjustment in the amount of a set aside for a particular priority population which would exceed 10 percent of the amount for that set aside originally specified in the district's consolidated services plan or integrated county plan.

(i) If a social services district has set aside funds to serve one or more priority populations and all of the available funds that are not set aside are projected to be needed for open child care cases, the district may deny services to a family which is not eligible for a child care guarantee and which does not fall within the priority populations for the set asides or place the family on a waiting list for subsidies.

(ii) A social services district that has not established set asides must open a new case for an eligible family if the district has sufficient funding available to provide child care services to that family for the 12-month eligibility period, or the 24-month eligibility period for cases funded under the New York State Child Care Block Grant if the district opts in its Child and Family Services Plan to authorize child care assistance for 24 months, at the time the family is determined to be eligible. If the district does not have sufficient funding available because all of the available funds are projected to be needed for open child care cases, the district may deny services to a family which is not eligible for a child care guarantee or place the family on a waiting list for subsidies.

(i) For New York State Child Care Block Grant funds, a social services district must provide services to recipients for the duration of the eligibility period unless:

(ii) For Title XX funds, the case must be closed when the child turns 13 years of age, except that 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. Once a social services district has committed all of the funds available to it, the social services district may discontinue funding to those families who have lower priorities in order to serve families with higher priorities. If no priorities are established and all funds are committed, case closings must be based on the length of time in receipt of services. The length of time used to close cases may be based either on the shortest or longest time receiving child care services but must be consistent for all families. The social services district must specify in its consolidated services plan or integrated county plan whether case closings will be based on the shortest or longest length of time receiving child care services.