New York Social Services Code § 410-W

Eligible families
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§ 410-w. Eligible families.  1. A social services district may use the\nfunds allocated to it from the block grant to provide child care\nassistance to:\n  (a) families receiving public assistance when such child care\nassistance is necessary: to enable a parent or caretaker relative to\nengage in work, participate in work activities or perform a community\nservice pursuant to title nine-B of article five of this chapter; to\nenable a teenage parent to attend high school or other equivalent\ntraining program; because the parent or caretaker relative is physically\nor mentally incapacitated; or because family duties away from home\nnecessitate the parent or caretaker relative's absence; child day care\nshall be provided during breaks in activities. Such child day care shall\nbe authorized for the period designated by the regulations of the\ndepartment;\n  (b) families with incomes up to eighty-five percent of the state\nmedian income who are attempting through work activities to transition\noff of public assistance when such child care is necessary in order to\nenable a parent or caretaker relative to engage in work provided such\nfamilies' public assistance has been terminated as a result of increased\nhours of or income from employment or increased income from child\nsupport payments or the family voluntarily ended assistance; provided\nthat the family received public assistance at least three of the six\nmonths preceding the month in which eligibility for such assistance\nterminated or ended or provided that such family has received child care\nassistance under subdivision four of this section;\n  (c) families with incomes up to eighty-five percent of the state\nmedian income, which are determined in accordance with the regulations\nof the department to be at risk of becoming dependent on family\nassistance;\n  (d) families with incomes up to eighty-five percent of the state\nmedian income, who are attending a post secondary educational program;\nand\n  (e) other families with incomes up to eighty-five percent of the state\nmedian income in accordance with criteria established by the department.\n  2. For the purposes of this title, the term "state income standard"\nmeans the most recent federal income official poverty line (as defined\nand annually revised by the federal office of management and budget)\nupdated by the department for a family size of four and adjusted by the\ndepartment for family size.\n  3. A social services district shall guarantee child care assistance to\nfamilies in receipt of public assistance with children under thirteen\nyears of age when such child care assistance is necessary for a parent\nor caretaker relative to engage in work or participate in work\nactivities pursuant to the provisions of title nine-B of article five of\nthis chapter. Child care assistance shall continue to be guaranteed for\nsuch a family for a period of twelve months or, upon approval by the\noffice, may be provided by a social services district for a period up to\ntwenty-four months, after the month in which the family's eligibility\nfor public assistance has terminated or ended when such child care is\nnecessary in order to enable the parent or caretaker relative to engage\nin work, provided that the family's public assistance has been\nterminated as a result of an increase in the hours of or income from\nemployment or increased income from child support payments or because\nthe family voluntarily ended assistance; that the family received public\nassistance in at least three of the six months preceding the month in\nwhich eligibility for such assistance terminated or ended or provided\nthat such family has received child care assistance under subdivision\nfour of this section; and that the family's income does not exceed\neighty-five percent of the state median income. Such child day care\nshall recognize the need for continuity of care for the child and a\ndistrict shall not move a child from an existing provider unless

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