N.Y. Comp. Codes R. & Regs. tit. 18 § 415.3
Current through Register Vol. 46, No. 45, November 2, 2024
Section 415.3 - Caretaker's responsibilities(a) An applicant for child care assistance must apply, in writing, on forms and in a manner prescribed by the social services district in accordance with Part 404 of this Title. The social services district must permit the applicant to submit an application by mail, or other electronic means as approved by the Office. The caretaker with whom an eligible child or children lives is the applicant for such services.(b) The applicant is responsible for providing accurate, complete and current information regarding family income and composition, child care arrangements and any other circumstances related to the family's eligibility for child care services, and for notifying the social services district immediately of any changes in such information.(c) The child(ren)'s caretaker is responsible for locating a child care provider(s) that meets the needs of his or her child(ren). A caretaker that is unable to locate a child care provider(s) may ask the social services district for assistance.(d) A family which chooses to have a caregiver of informal child care provide child care services in the child(ren)'s own home must provide such caregiver with all employment benefits required by State and/or Federal law and pay the caregiver at least minimum wage, if required by State and/or Federal law.(e)Family share.(1) Each family receiving child care assistance must contribute toward the costs of child care services by paying a family share based upon the family's income with the following exceptions: a family where the parent(s) or caretaker relative(s) is receiving public assistance, a family experiencing homelessness, when such assistance is provided to a child in foster care, when such assistance is provided to a child as a protective or preventive service, or when such assistance is provided to a child where the child care services unit is comprised of the eligible child(ren) only. However, a family share may be required of any family to recoup an overpayment for child care services.(2) The income-based portion of the family share for child care services must be determined by the social services district in accordance with a sliding fee scale developed pursuant to paragraph (3) of this subdivision. The overpayment portion of the family share, if any, must be reflected separately from any income-based portion of the family share and must be determined in accordance with section 415.4(i) of this Part.(3) The sliding fee scale developed by the social services district must be calculated by subtracting the state income standard, as defined in section 415.1(k) of this Part, for the specific family size of the eligible family from the annual gross income of the eligible family, multiplying the remaining income by a factor of at least 1 but no more than 10 percent, as selected by the social services district and included in the district's consolidated services plan or integrated county plan, and dividing the product by 52 to determine a weekly family share. The same percentage factor must be used for all families receiving child care services that are required to pay an income-based portion of a family share.(4) A minimum weekly family share of $1 must be charged to each family receiving child care services which is required to pay an income-based portion of a family share.(5) Each family receiving child care services is responsible for paying only one family share regardless of the number of children in the family who are receiving child care services.(6) The family is responsible for paying the family share in the manner determined by the social services district. The social services district may require the family to pay the family share to the social services district or to one or more child care providers used by the family.(7) The family share will be recalculated by the social services district whenever there is a change in income, household circumstances or child care provider that would decrease the amount of the family share, when an overpayment for child care services has occurred and the recovery of such overpayment will be made through the family share, and at recertification.(8) The failure of a family receiving child care services to pay the family share for such services established by the social services district or to cooperate with such district to develop an arrangement satisfactory to the district to make full payment of all delinquent family shares constitutes an appropriate basis for suspending or terminating such child care services in accordance with the procedures set forth in section 404.6 of this Title.(f) A caretaker seeking child care services to enable the caretaker to participate in an approved training program must provide documentation that includes, but is not limited to, the following:(1) the name of the institution offering or conducting the training program;(2) the course of study to be pursued or in which the person is participating;(3) the specific vocational or rehabilitative goal;(4) the duration of the training (hours per day) including no more than a total of three hours per day to commute (from home) to and from training location; and(5) progress reports (marks, transcripts, letters, and like documents) which indicate that the caretaker is progressing satisfactorily towards attaining the established vocational or rehabilitative goal.(g) The child's caretaker is responsible for responding to and providing documentation requested for an investigation, audit, or program review by a social services district, the Office, or other authorized agency to verify the accuracy and completeness of information on the application including, but not limited to, household circumstances, need for child care, and compliance with the caretaker's responsibilities under this section. The caretaker's failure to respond to or comply with requests for documentation constitutes an appropriate basis for the social services district to deny an application for child care assistance or to close the child care assistance case in accordance with 415.2(d)(4).N.Y. Comp. Codes R. & Regs. Tit. 18 § 415.3
Amended, New York State Register March 1, 2017/Volume XXXIX, Issue 09, eff. 3/1/2017Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020Amended New York State Register October 13, 2021/Volume XLIII, Issue 41, eff. 10/13/2021Amended New York State Register November 24, 2021/Volume XLIII, Issue 47, eff. 11/24/2021Amended 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)