N.Y. Comp. Codes R. & Regs. tit. 18 § 415.2

Current through Register Vol. 46, No. 19, May 8, 2024

Section 415.2 - [Effective until 6/9/2024] Eligibility, guarantees, and priorities for child care services

Eligibility. The following families are eligible for child care assistance under the specified child care programs when the legally responsible persons or caretakers of the child in need of child care services are not available to provide care, such child care services are in the best interest of the child and caretaker, and child care services are a necessary part of a plan for self support. For two-caretaker families, each caretaker must meet one of the eligibility criteria set forth in this subdivision.

(a) New York State Child Care Block Grant Program.

A family may be eligible for child care assistance under the New York State Child Care Block Grant Program if the resources of the family do not exceed one million dollars and the family meets one or more of the following criteria:

(1) Families who are guaranteed child care services. A social services district must guarantee child care services to a family who meets the criteria set forth in any subparagraph of this paragraph regardless of whether the social services district has any State or Federal funds available under this program to pay for all or a portion of such costs.

(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:

(a) the case closed or the family became financially ineligible for public assistance due to:

(1) increased income from either employment or child support; or

(2) the family voluntarily ending assistance and their income is no longer within public assistance standards; and

(b) the family received public assistance in at least three of the six months immediately preceding the case closing; or, for a family who chose child care in lieu of public assistance, the family received child care in lieu of public assistance and was eligible for public assistance in at least three of the six months immediately preceding their ineligibility for public assistance; and

(c) the family includes an eligible child who is under the age of 13 who needs child care services in order to enable the child's parent(s) or caretaker relative(s) to be engaged in work as defined in section 415.1(o)(1) of this Part; and

(d) the family has income at or below 85 percent of the State median income. This child care guarantee is available to eligible families for 12 months from the month after the family's eligibility for public assistance has terminated or ended. Families may ask for and begin to receive child care in any month during the 12-month period of the child care guarantee. The start date for eligibility may precede the date services were requested and cover any period during the 12 months of the guarantee.

(2) Families who are eligible when funds are available. A social services district must provide child care services to a family eligible under any one of the subparagraphs of this paragraph, to the extent that the district continues to have funds available under either the district's allocation from the State Child Care Block Grant Program or any local funds appropriated for such program, subject to the Federal and State priorities set forth in subdivision (d) of this section.

(i) A family who 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 Part 385 of this Title.

(ii) A family receiving public assistance when such services are needed:

(a) 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;

(b) for a parent or caretaker relative to participate in an approved activity in addition to their required work activity; or

(c) 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 to 85 percent of the State median income, when child care services are needed because the child's caretaker is:

(a) receiving services for victims of domestic violence, or is participating in a screening or assessment to receive services for victims of domestic violence;

(b) participating in an approved substance abuse treatment program, or is participating in a screening or assessment to determine the need for substance abuse treatment;

(c) in an emergency situation including, but not limited to, cases where the caretaker's absence from the home for a substantial part of the day is necessary because of extenuating circumstances;

(d) a teenage parent attending high school or an equivalency program;

(e) physically or mentally incapacitated or has family duties away from home necessitating their absence;

(f) attending 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; or

(g) attending a four-year college or university program leading to a bachelor's degree provided:

(1) the program is reasonably expected to improve the earning capacity of the caretaker; and

(2) the caretaker can demonstrate their ability to successfully complete the course of study;

(h) experiencing homelessness, in accordance with section 725 of Subtitle VII-B of the McKinney-Vento Act.

(iv) A family with income up 85 percent of the State median income and child care services are needed:

(a) for the child's caretaker(s) to be engaged in work as defined in section 415.1(o)(1) of this Part;

(b) for the child's caretaker to actively seek employment as defined in section 415.1(p) of this Part for a period of up to six months, if the caretaker documents that they are currently registered with a New York State Department of Labor Division of Employment Services Office, provided that child care services will be available only for the portion of the day the family is able to document is directly related to the parent or caretaker engaging in such activities;

(c) for one of the child's caretakers to be 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 their absence; or

(d) for the child's caretaker to attend educational or vocational activities including the following secondary or post-secondary programs:

(1) a public or private educational facility providing a standard high school curriculum offered by or approved by the local school district;

(2) an education program that prepares an individual to obtain a New York State high school equivalency diploma;

(3) a program providing basic remedial education in the areas of reading, writing, mathematics and oral communications for individuals functioning below the ninth month of the eighth grade level in those areas;

(4) a program providing literacy training designed to help individuals improve their ability to read and write;

(5) an English as a second language (ESL) instructional program designed to develop skills in listening, speaking, reading and writing the English language for individuals whose native or primary language is other than English;

(6) a training program which has a specific occupational goal and is conducted by an institution licensed or approved by the State Education Department other than a college or university;

(7) a prevocational skills training program such as a basic education and literacy training program; or

(8) a demonstration project designed for vocational training or other projects approved by the Department of Labor.

Notwithstanding the potential for some of these educational or vocational training programs to allow for the eventual attainment of a bachelor's degree or like certificate of completion for a four-year college program, this regulation does not permit the renewal of such educational or vocational training program enrollment for any additional period in excess of 48 consecutive calendar months except as authorized under clause (g) of subparagraph (iii) of this paragraph, nor does it permit enrollment in more than one such program.

(e) for the child's caretaker to attend a program to train workers in an employment field that currently is or is likely to be in demand in the near future, if the caretaker documents that they are a dislocated worker and is currently registered in such a program, provided that child care services are only used for the portion of the day the caretaker is able to document is directly related to the caretaker engaging in such a program. For the purposes of this provision, a dislocated worker is any person who: has been terminated or laid off from employment; has received a notice of termination or layoff from employment that will occur within six months of such notice; or was self-employed but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters.

(v) A family in need of child care services due to one of the following situations:

(a) a child has been placed in foster care and is residing in the home with a certified or approved foster parent. Such cases must be determined eligible without regard to income; and/or

(b) a family with an open child protective services case or a preventive services case with a child protective services component. Such cases must be determined eligible without regard to income.

(3) Repealed.

(b) To the extent that the social services district has made Title XX funds available for child care services, a family is eligible for child care services funded under Title XX of the Federal Social Security Act if the family meets one or more of the criteria set forth in subdivision (a) of this section or the child is in need of child care as a preventive service, provided that the social services district has listed such families as eligible families in the district's consolidated services plan or integrated county plan.

(c) A social services district must provide recipients of services funded under the New York State Child Care Block Grant with such services for 12 or 24 months, except as provided in Section 415.2(d)(4).

(d)Actions related to child care assistance

(1) Priority populations. When a social services district projects that allocated New York State Child Care Block Grant funds will be insufficient to open all eligible nonguaranteed cases, the district must prioritize families as outlined in this paragraph. Provided however that families in receipt of child care assistance as of September 30, 2023 who were identified as a priority population under a local social services districts' child and family services plan shall continue to be prioritized for such assistance, provided they meet all other applicable eligibility requirements for such assistance.

(i) Federally mandated populations for families determined eligible under paragraph (2) of subdivision (a) of this section must be applied first and opened in the following order:

(a) families experiencing homelessness;

(b) families with very low income. Very low income is defined as an income level up to 300 percent of the State income standard, provided the family income does not exceed 85 percent of the State median income; and

(c) families with children who have special needs.

(ii) 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 State-mandated populations when a family has not been determined eligible under paragraph (1) of subdivision (a) of this section or has not been authorized for child care assistance as a federally mandated priority population, in the following order:

(a) families with income between 300 percent of the State income standard and up to 85 percent of the State median income when child care services are needed for the child's caretaker(s) to be engaged in work;

(b) families in which the child in need of child care assistance has an open child protective case or a preventive services case with a child protective services component;

(c) families in need of child care services for a child who has been placed in foster care and is residing in the home with a certified or approved foster parent;

(d) families with a teenage parent who is in need of child care assistance to attend high school or an equivalency program;

(e) families in which the child's caretaker is receiving services for victims of domestic violence or is participating in a screening or assessment to receive services for victims of domestic violence;

(f) families in which the child's caretaker is participating in an approved substance abuse treatment program, or is participating in a screening or assessment to determine the need for substance abuse treatment.

When the Federal and State priority populations have been opened and funds remain available, any other families determined eligible under paragraph (2) of subdivision (a) of this section must be opened based on the date of application. Remaining families may be placed on a waiting list.

(2) Reserved

(3) Waiting lists and denial of services.

(i) If a social services district has projected that all available funds are needed for open child care cases, the district may deny services to a family who is not eligible for a child care guarantee and place the family on a waiting list for child care assistance, if applicable .

(ii) A social services district 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 who is not eligible for a child care guarantee and place the family on a waiting list for child care assistance if established in the district's Child and Family Services Plan.

(iii) When a social services district has established a waiting list for child care assistance and determines that funds have become available to open new cases, such cases must be opened in the following order:

(a) eligible cases that meet the Federal priorities, in the order specified in subparagraph (i) of paragraph (1) of this subdivision;

(b) eligible cases that meet the State priorities in the order specified in subparagraph (ii) of paragraph (1) of this subdivision;

(c) remaining eligible cases must be opened based on the length of time on the waiting list, which must correspond with the date of application.

(4) Discontinuance of services prior to the end of the eligibility period.

(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:

(a) The recipient family's income exceeds 85 percent of state median income;

(b) The recipient family has experienced a non-temporary cessation in work or attendance at a training or education program;

(c) The recipient failed to agree to a reasonable plan for repayment or recovery of an overpayment or failed to comply with an agreed upon plan for repayment or recovery of an overpayment;

(d) The recipient has been convicted of or voluntarily admitted to fraudulently receiving child care assistance;

(e) The recipient certified and attested to false information on the application for child care assistance and/or enrollment form or any attachment thereto;

(f) The child care assistance is provided during the application determination period and such application has been denied, unless the family is found otherwise eligible under this section;

(g) A child determined eligible pursuant to 415.1(b)(1) of this Part turns 14 years of age;

(h) A child determined eligible pursuant to 415.1(b)(2) of this Part turns 19 years of age; or

(i) A child determined eligible pursuant to 415.1(b)(3) of this Part turns 20 years of age.

(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 available funds, 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.

(5) Each social services district must collect and submit to the office information, in the form and manner and at the times specified by the office, concerning the disbursement of child care subsidy funds showing the geographic distribution of children receiving child care services from the district.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 415.2

Amended New York State Register November 24, 2021/Volume XLIII, Issue 47, eff. 11/24/2021

Amended New York State Register December 21, 2022/Volume XLIV, Issue 51, eff. 12/21/2022

Amended New York State Register July 12, 2023/Volume XLV, Issue 28, eff. 6/26/2023, exp. 8/24/2023 (Emergency)

Amended New York State Register July 12, 2023/Volume XLV, Issue 28, eff. 7/12/2023

Amended New York State Register January 10, 2024/Volume XLVI, Issue 2, eff. 12/26/2023, exp. 2/23/2024 (Emergency)

Amended New York State Register February 28, 2024/Volume XLVI, Issue 9, eff. 2/13/2024, exp. 4/12/2024 (Emergency)

Amended New York State Register May 1, 2024/Volume XLVI, Issue 18, eff. 4/11/2024, exp. 6/9/2024 (Emergency)