CFS-24-16-00005-A New York State Child Care Market Rates  

  • 8/17/16 N.Y. St. Reg. CFS-24-16-00005-A
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 33
    August 17, 2016
    RULE MAKING ACTIVITIES
    OFFICE OF CHILDREN AND FAMILY SERVICES
    NOTICE OF ADOPTION
     
    I.D No. CFS-24-16-00005-A
    Filing No. 750
    Filing Date. Aug. 02, 2016
    Effective Date. Aug. 17, 2016
    New York State Child Care Market Rates
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
    Action taken:
    Amendment of section 415.9 of Title 18 NYCRR.
    Statutory authority:
    Social Services Law, sections 20(3)(d), 34(3)(f) and 410-u through 410-z
    Subject:
    New York State Child Care Market Rates.
    Purpose:
    To establish payment rates for federally-funded child care subsidies to allow equal access to child care for eligible children.
    Text or summary was published
    in the June 15, 2016 issue of the Register, I.D. No. CFS-24-16-00005-EP.
    Final rule as compared with last published rule:
    No changes.
    Text of rule and any required statements and analyses may be obtained from:
    Public Information Office, New York State Office of Children and Family Services, 52 Washington Street, Rensselaer, New York 12144, (518) 473-7793, email: info@ocfs.ny.gov
    Assessment of Public Comment
    This assessment responds to the comments received on the Notice of Proposed Rule Making for the New York State Child Care Market Rates, Section 415.9 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), I.D. No. CFS-24-16-00005-EP, included in the New York State Register dated June 15, 2016.
    The Office of Children and Family Services (OCFS) received comments from 23 responders during the public comment period. Responses were received from Child Care Resource & Referral Agencies, a union representing child care providers, child care program directors, child care advocacy groups, and child care providers. In the following assessment, OCFS combined similar comments from multiple responders for the purpose of responding to the comments.
    OCFS received comments from ten responders that the proposed child care market rates are not high enough to operate child care programs and that rates should be increased. Further, three of these ten responders stated that the child care market rates should be calculated at the 75th percentile not the 69th percentile. OCFS reviewed the comments and determined that the purpose of establishing child care market rates for the child care subsidy program is to provide families receiving a child care subsidy with access to child care services that is comparable to families not eligible for child care subsidy. OCFS maintains that calculating the child care market rates at the 69th percentile instead of the 75th percentile still allows families to access child care from a wide range of providers, approximately from seven out of ten licensed or registered child care providers; and, therefore, the child care market rates are sufficient for the purpose of providing comparable access. Further, the child care market rates are not intended to dictate what providers can or should charge, rather they indicate the maximum amount that local social services districts can be reimbursed for a child care subsidy. OCFS determined that no change to the proposed regulations is required in response to these comments.
    OCFS received comments from eight responders in opposition to the consolidation of family day care and group family day care providers into the same child care market rate. OCFS reviewed the comments and determined that the health and safety regulations governing family and group family day care providers have become much the same over the years, with the primary regulatory distinction between the two types of providers being total capacity. Therefore, the market rate for the two provider types was combined. Further, the child care market rates are not intended to dictate what providers can or should charge, rather they indicate the maximum amount that local social services districts can be reimbursed for a child care subsidy. OCFS determined that no change to the proposed regulations is required in response to these comments.
    OCFS received a comment from one responder supporting the consolidation of family day care and group family day care providers into the same child care market rate. OCFS reviewed the comment and determined that no change to the proposed regulations is required in response to this comment.
    OCFS received comments from five responders supporting the change of the age group to under two years of age to reflect the statutory requirement for staff-child ratios for family day care homes and group family day care homes. OCFS reviewed the comments and determined that no change to the proposed regulations is required in response to these comments.
    OCFS received comments from nine responders stating that the federal Administration for Children and Families in its conditional approval of the State’s child care plan advised that New York’s child care market rates may not allow for equal access. The responders recommend that OCFS conduct a new market rate survey since the last survey was conducted in early 2015 and does not reflect subsequent and significant increases in programs’ operating costs. OCFS reviewed the comments and OCFS determined that the child care market rates allow families to access child care from a wide range of providers, approximately from seven out of ten licensed or registered child care providers. OCFS maintains that the child care market rates are sufficient to provide equal access to child care services for families receiving a child care subsidy. OCFS determined that no change to the proposed regulations is required in response to these comments.
    OCFS received comments from two responders that Broome County should be placed in the child care market rate grouping of counties identified as Group 2 instead of Group 3. OCFS reviewed the comments and determined that, prior to conducting the 2015 market rate survey, a cluster analysis was performed using the 2013 market rate survey data in order to assess the composition of county groupings and whether those county groupings should be changed. That cluster analysis indicated that the rates for Broome County were more similar to the rates of Group 3 counties than any other county groups. Therefore, OCFS determined that no change to the proposed regulations is required in response to these comments.
    OCFS received a comment from one responder that disputes the results of the market rate survey because the survey questions were slanted and confusing. OCFS reviewed the survey instrument and methodology and determined that the market rate survey and resulting child care market rates meet acceptable and appropriate statistical standards and are valid and reliable. OCFS determined that no change to the proposed regulations is required in response to this comment.

Document Information

Effective Date:
8/17/2016
Publish Date:
08/17/2016