CFS-43-07-00014-P Child Care Subsidies for Employed Public Assistance Recipients

10/24/07 N.Y. St. Reg. CFS-43-07-00014-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 43

October 24, 2007

RULE MAKING ACTIVITIES

OFFICE OF CHILDREN AND FAMILY SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CFS-43-07-00014-P

Child Care Subsidies for Employed Public Assistance Recipients

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

This is a consensus rule making to amend section 415.2 of Title 18 NYCRR.

Statutory authority:

Social Services Law, sections 20(3)(d), 34(3)(f) and 410-w(a)

Subject:

Child care subsidies for employed public assistance recipients.

Purpose:

To modify an eligible employed public assistance applicant or recipient to include a person whose gross earnings equal, or are greater than, the required number of work hours times the State minimum wage.

Text of proposed rule:

Subparagraph (ii) of paragraph (1) of subdivision (a) of section 415.2 is repealed and a new subparagraph (ii) of paragraph (1) of subdivision (a) of section 415.2 is added to read as follows:

(ii) A local 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 subsidies 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 subsidies 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 section as if they had been recipients of public assistance.

Text of proposed rule and any required statements and analyses may be obtained from:

Public Information Office, Office of Children and Family Services, 52 Washington St., Rensselaer, NY 12144, [phone]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The Office of Children and Family Services (OCFS) is filing the attached rulemaking proposal as a consensus rule. Under the New York State Administrative Procedure Act section 102(11)(b), a consensus rule is defined as a rule that is proposed by an agency for expedited adoption that implements or conforms the rule to a non-discretionary statutory provision. OCFS has considered the changes proposed by this rule and has concluded that the proposed amendment only conforms the rule at issue to the recently enacted non-discretionary statutory provision. The proposed rule would replace the existing language in 18 NYCRR section 415.2(a)(1)(ii) with the language contained in the Social Services Law section 410-w(a). Social Services Law section 410-w(a) was modified by Chapter 135 of the Laws of 2007. The change would allow the rule to conform to the non-discretionary statute and would make both the statute and regulation, which address the same subject, read the same. As a result, OCFS reasonably believes this change will eliminate any confusion about the statutory criteria for determining the eligibility of child care subsidy applicants. Thus, OCFS has concluded that the proposed rule should be published as consensus proposal, as it conforms the rule at issue to a non-discretionary statutory provision and no party is likely to object to the rule as proposed.

Job Impact Statement

The Office does not anticipate the loss of any jobs as a result of the proposed regulations. The proposed regulation only serves to conform the regulation to a non-discretionary statutory provision. It is thus evident from the subject matter of the proposed regulations that they could only have a positive impact or no impact on jobs and employment opportunities.