N.Y. Comp. Codes R. & Regs. tit. 18 § 415.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 415.4 - Local district responsibility

Each local social services district shall be responsible for compliance with the following requirements:

(a)Initial eligibility.

(1) At the time of application for child care services, the social services district must inform the applicant of:

(i) the various child care services programs available and the requirements of the child care services programs for which the applicant may be eligible including information about the child care guarantee for applicants and recipients of public assistance and for families transitioning from public assistance set forth in section 410-w(3) of the Social Services Law. Such information must describe the actions that the family needs to take in order to be eligible for the child care guarantee;

(ii) the applicant's responsibility for reporting all relevant facts to the social services district in order that a proper determination of the applicant's eligibility for child care assistance can be made, for reporting immediately to the social services district any changes to such facts after the application has been submitted but before eligibility has been determined, and for providing the documents or other information which the applicant must submit to verify such facts;

(iii) the fact that any investigation needed in order to determine the applicant's eligibility will be undertaken;

(iv) a recipient's responsibility for notifying the social services district immediately of any change in financial circumstances that puts the family income over 85 percent of the state median income, living arrangements, employment, household composition, child care provider or other circumstances that affect the family's need or eligibility for child care services;

(v) a recipient's responsibility to contribute toward the costs of the child care services by paying a family share, if required as determined in accordance with section 415.3(e) of this Part;

(vi) the child care providers with which the social services district has arrangements for the provision of child care services to recipients;

(vii) a recipient's option to choose between the eligible providers set forth in section 415.1(g) of this Part;

(viii) a recipient's responsibility to locate child care. In addition, a public assistance recipient who needs child care in order to comply with his or her work requirements must be notified of the provisions in section 415.8 of this Part regarding the recipient's responsibility to locate child care and to inform the district of the recipient's efforts to locate child care including following up on referrals from the district, the applicable local child care resource and referral agency and/or any other child care agency to which the recipient is referred by the district;

(ix) information to assist a recipient to make an informed choice regarding the provider from which the recipient wishes to receive child care services; and

(x) a recipient's right to have child care services provided without discrimination on the basis of race, religion, national origin, sex, handicapping condition or political belief.

(2) All applications for child care assistance must be processed promptly. A determination of programmatic and financial eligibility must be completed within the time-frame set forth in section 404.1(d) of this Title except where the applicant requests additional time, where difficulties in verifying eligibility lead to a delay or where other reasons beyond the social services district's control lead to a delay. The reason for a delay in making such determination must be recorded in the case record and communicated to the applicant.

(3) Initial eligibility for child care assistance must be determined pursuant to the requirements of this Part, Part 404 of this Title and, where applicable, Part 385 of this Title. In addition, required documentation is a necessary prerequisite to the determination of eligibility and must be retained.

(4) If an application for child care assistance is approved, the social services district must send written notice to the applicant for child care services, in accordance with section 404.1(f) of this Title. The notice must include: the determination of eligibility for child care services; the family share to be paid by the applicant, if required; the effective date(s) of such family share and the family share payment procedures which must be followed; the period for which child care assistance is authorized; the name of the worker or unit responsible for case management and the telephone number; a statement regarding the continuing responsibility of the applicant or recipient to report any change in his or her status that would impact their continued eligibility; the right of the recipient to accept or reject the service; and the applicant's right to a fair hearing in accordance with Part 358 and section 404.1(f) of this Title.

(5) If an application for child care services is denied, the social services district must send written notice to the applicant of the determination of ineligibility and of the applicant's right to a fair hearing in accordance with Part 358 and section 404.1(f) of this Title.

(b)Continuing eligibility.

(1) Continuing eligibility for child care services must be redetermined every 12 months, or 24 months 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, and when case factors indicate that redetermination could be beneficial to the family by reducing family share or increasing the amount of child care assistance; provided, however, that a social services district may not require the submission of a new application merely because the applicant is no longer eligible for public assistance or no longer eligible for a child care guarantee. The district must establish procedures to enable families to keep their child care services without interruption as long as the families remain eligible for such services including procedures to transfer families from one unit of the district to another when necessary.

(2) All factors concerning need and eligibility for child care services must be reconsidered, reevaluated and verified during redeterminations. The periodic redeterminations conducted by the social services district do not eliminate the responsibility of a recipient of child care services to report to such district any change in financial circumstances that puts the family income over 85 percent of the state median income, living arrangements, child care arrangements, employment, household composition or other circumstances that affect the family's need or eligibility for child care services.

(3) If a recipient is redetermined to be eligible for child care services, the social services district must send written notice to the recipient of the determination of eligibility for child care services; the family share payment procedures which must be followed; and the recipient's right to a fair hearing in accordance with Parts 358 and 404 of this Title.

(4) If a recipient is determined to no longer be eligible for child care services, the social services district must send written notice to the recipient of the determination of ineligibility and of the recipient's right to a fair hearing in accordance with Part 358 and section 404.1(f) of this Title.

(c)Child care services requirements.

(1) A recipient must have the option to choose between the eligible providers set forth in section 415.1(g) of this Part; provided, however, that:

(i) a recipient may choose a provider of informal child care or a provider of legally- exempt group child care only for child care services provided under the New York State Child Care Block Grant Program;

(ii) a social services district may disapprove a provider chosen by a recipient in a preventive or child protective case if the district has reason to believe that it would be contrary to the health, safety or welfare of the child to receive child care services from that provider;

(iii) a child care provider chosen by a recipient must be validly licensed, properly registered or enrolled, as appropriate; and

(iv) a child care provider chosen by a recipient must permit a child's caretaker to have: unlimited and on demand access to such child; the right to inspect, on demand and at any time during the hours of operation of the home or facility, all parts of such home or facility used for child care or which could present a hazard to the health or safety of a child; unlimited and on demand access to the provider(s) caring for such child whenever such child is in care and during the normal hours of operation; and, unlimited and on demand access to written records concerning such child except where access to such records is otherwise restricted by law.

(2) A recipient who chooses a caregiver of legally-exempt in-home child care who will be providing such care in a child's own home must be advised of the recipient's responsibility to provide such provider with all employment benefits required by State and/or Federal law and the recipient's responsibility to pay the provider at least the minimum wage if required by State and/or Federal law.

(3) The child care services provided must be reasonably related to the hours of employment, education or training of a child's caretaker, as applicable, and permit time for delivery and pick-up of the child. In the event the caretaker is no longer engaged in their approved activity during the eligibility period, the child care services must continue unless the recipient family has experienced a non-temporary cessation in work or attendance at a training or education program or experienced other circumstances set forth in 415.2(d)(4). Child care services must be provided, if needed, to enable an employed caretaker who works non-traditional hours to obtain up to eight hours of sleep if they have a child who is under the age of 6 and not in school for a full day. Child care services may be provided, if needed, to enable other employed caretakers who work non-traditional hours to obtain up to eight hours of sleep if the social services district indicates in its Child and Family Services Plan that it will provide such services.

(4) When arranging child care services, the needs of the child must be taken into account including: continuity of child care; reasonable proximity of the care either to the child's home and school or to the child's caretaker's place of employment, education or training, as applicable; and, the appropriateness of the child care to the child's age and special needs.

(5) No child may be moved by a social services district from an existing placement with an eligible provider unless the recipient of child care services consents to such move; provided, however, that a social services district may require that a child receiving child care services as part of a preventive case or a child protective case be moved from an existing placement with an eligible provider if the district has reason to believe that it would be contrary to the child's health, safety or welfare to continue receiving child care services from that provider.

(6) A current list of the licensed or registered child day care providers located in the social services district must be maintained and made available to applicants for and recipients of child care services.

(7) Social services districts must inform public assistance recipients that:

(i) the exemption from work requirements for lack of child care, if applicable, will not extend the time limitations on the receipt of family assistance; and

(ii) the recipient will not be sanctioned for failure to comply with work requirements as long as the recipient can demonstrate an inability to find child care in accordance with section 415.8 of this Part. The information provided to the recipient must include the definitions and procedures set forth in such section.

(8) A social services district must notify applicants for and recipients of public assistance of the guarantee for child care services and for transitional child care services available to applicants or recipients that choose child care services in lieu of public assistance. Recipients of public assistance also must be informed of their potential eligibility for the guarantee for transitional child care services when their public assistance benefits are terminated. Such notification must describe the actions an applicant or recipient must take to obtain the guaranteed transitional child care services. A social services district may not require that an applicant or recipient reapply to receive the guaranteed transitional child care services as long as the family remains eligible for child care services.

(9) The social services district must take action on a claim for reimbursement for child care services submitted by an eligible provider as follows:

(i) The social services district shall allow, disallow, or defer a claim for reimbursement, submitted by an eligible provider to the social services district, for the purpose of providing child care services pursuant to this Part within 21 calendar days of receiving such claim.

(ii) The social services district may defer a claim for reimbursement only in the following circumstances:

(a) upon the recommendation of a Federal, State, or local agency, when the agency has informed the social services district that continued payments of such claims place the social service district at risk of making payments for services that were not provided in accordance with the applicable State regulations; or

(b) after an initial review of the claim by the social services district revealed inaccuracies in the claim that warrant a more detailed review; or

(c) upon notification of the existence of a pending criminal charge involving fraud.

(iii) The social services district may disallow payment for claims for services provided to any and all children receiving a child care subsidy for the time period in which:

(a) an enrolled provider is found by the office to be operating or have operated a child care program, required to be licensed or registered with the office, without obtaining such license or registration; or

(b) a licensed or registered provider is found by the office to be operating or have operated over its licensed or registered capacity; or

(c) an enrolled informal provider is found by the office to be caring or have cared for more children than the limits defined in section 415.1(h) of this Part.

(d)Jurisdiction.

(1) When a family in receipt of child care services under the New York State Child Care Block Grant moves from one social services district to another social services district within the State, the former social services district is obligated to continue to pay for the authorized child care services for the duration of the eligibility period.

(2) For cases funded under Title XX, the social services district in which the family resides will be responsible for child care services.

(e)Administration.

(1) In the case of providers from whom or from which the social services district purchases child care services, contracts, when required by section 405.3 of this Title, will be negotiated in accordance with the purchase of service requirements set forth in such section; provider budgets may be reviewed and attendance and payment records will be monitored.

(2) Required reports and claims for reimbursement must be prepared and submitted in the form and manner and at the times as required by the office.

(3) Records required to be maintained by the State and Federal law and by instructions of the office must be retained as appropriate. Under this subdivision, local districts must keep and retain adequate claiming records, retain appropriate documentation in the recipient's case file, and make appropriate records available for audit by appropriate State and Federal agencies.

(4) Social services districts may alter their participation in activities related to arranging for, subsidizing, delivering, and monitoring the provision of subsidized child day care, provided that the total participation of an individual district in all activities related to the provision of subsidized child day care must be no less than the participation level engaged in by such individual district on the effective date of this section, to be determined based on a review of expenditures for the calendar year January 1, 1990 through December 31, 1990.

(5) The social services district is responsible for reporting to the office, in the form and manner and at the times required by the office, specific information regarding child care services, including, but not limited to, the number of children receiving each specific child care services, the costs of such services separated by the type of child care providers used, and any additional information required for the State to meet Federal reporting requirements.

(6) Each social services district must submit a child care services plan to the office for approval as part of the district's multi-year consolidated services plan or integrated county plan and any annual implementation reports, in the form and manner and at the times required by the office. A social services district must implement its child care services programs in accordance with the child care services plan approved by the office.

(7) The social services district that proposes an amendment to its Child and Family Services Plan that reduces eligibility or increases the family share percentage for child care services must:

(i) no later than the first day the public notice appears in a newspaper pursuant to section 34-a of the Social Services Law or the regulations of the office, as applicable, prominently post on the district's website a notice of the proposed amendment describing the categories of families whose cases will be impacted; and

(ii) at the time the public notice is submitted to the newspaper for publication, provide a copy of such notice to the office.

(8) The social services district must provide written notice to families receiving child care services at least 30 days in advance of the effective date of an action the district takes to:

(i) implement a plan amendment to its Child and Family Services Plan that reduces the family's eligibility for child care services;

(ii) increase the family share percentage; or

(iii) implement the process for closing child care cases.

(9) When a social services district implements the process for closing child care cases for families, the district must:

(i) no later than the day the district begins to send out the notices of intent to discontinue child care benefits, post a notice on its website, that states the district is implementing the child care case closing process set forth in its approved Child and Family Services Plan and describes the categories of families who will be impacted; and

(ii) immediately provide a copy of the website notice to the office.

(f)Actions related to legally-exempt child care providers.

(1) The social services district must provide a child's caretaker that has applied for or is receiving child care assistance under the New York State Child Care Block Grant Program and who is interested in using a legally-exempt child care provider with an enrollment package and notify the caretaker that the completed package must be submitted to the applicable enrollment agency.

(2) In accordance with guidelines issued by the office, the social services district in which a relative-only in-home or relative-only family child care provider lives must conduct a local child welfare database check to determine whether such provider has had his or her parental rights terminated under section 384-b of the Social Services Law or had a child removed from his or her care by court order under article 10 of the Family Court Act; and

(i) provide the enrollment agency with the results of the local child welfare database check within 15 days of receiving the request; and

(ii) when applicable, conduct a review of extenuating circumstances and provide the enrollment agency with the results.

(3) A social services district may only make payments for child care services provided by a legally-exempt child care provider if the child care provider has been enrolled, either on a temporary or final basis, by an enrollment agency in accordance with this Part.

(4) A social services district may suspend the enrollment or deny the application for enrollment of a child care provider, which is not required to be licensed or registered under section 390 of the Social Services Law, if that provider is a subject of a report of child abuse or maltreatment under investigation by child protective services.

(5) Child care assistance cannot be authorized for a child under three years of age for child care provided in a legally-exempt group child care program, except for:

(i) center-based child care programs located on tribal property which are legally operating under the auspices of a tribal authority that is not a Child Care and Development Fund grantee, which are operated in compliance with the applicable tribal laws and regulations for such child care programs; or

(ii) a child who is at least two years of age at the beginning of the school year but will turn three years of age on or before the applicable calendar date for which a child must be at least five years of age to be eligible for admission to school; such a child shall be considered three years of age for the purposes of staff-to-child ratio and maximum group size.

(6) The social services district may terminate child care subsidy payments and/or take legal action against the legally-exempt child care provider or caretaker as a result of any false information, certified and attested to by the child care provider or the caretaker on either the enrollment or re-enrollment form or any attachment thereto.

(g) Additional local standards for subsidized child care.

(1) Where a social services district is subsidizing child care services pursuant to any of the provisions of this Part, the district may submit to the office justification for a need to impose additional requirements on child care providers providing subsidized child care services and a plan to monitor compliance with such additional requirements. A social services district may make participation in the Child and Adult Care Food Program a condition of enrollment for each provider of family child care or relative-only family child care who will be providing an average in excess of 30 hours of care per week to one or more subsidized children provided the district sets forth this requirement in the district's Child and Family Services Plan. No such additional requirements or monitoring may be imposed without the written approval of the office.

(2) To the extent that a social services district has established any additional standards for providers of legally-exempt child care, the district is responsible for notifying applicants for and recipients of child care assistance and child care providers of the district's requirements. The district's monitoring process must include procedures for notifying the applicable enrollment agency if the district determines that such a child care provider caregiver is not in compliance with an additional standard. Any such procedures established by the social services district shall not cause a delay which prevents the enrollment agency from completing the review of the enrollment package.

(h)Administrative actions related to child care providers.

(1) In accordance with guidelines established by the office, a social services district may refuse to allow a child care provider that is not in compliance with regulations promulgated by the office, or any approved additional requirements of the social services district, to provide subsidized child care services to a child.

(2) Disqualifications and administrative reviews.

(i) A social services district may disqualify a provider from receiving payment for child care services provided under the child care subsidy program if a provider:

(a) is criminally convicted of fraud;

(b) is found to be civilly liable for fraud;

(c) has voluntarily admitted to filing a false claim for reimbursement for child care services;

(d) has been disqualified from the Child and Adult Care Food Program, by the New York State Department of Health and/or its sponsoring agency, for submission of false information on the application, submission of a false claim for reimbursement or failure to keep required records;

(e) has failed to comply with the terms of a repayment plan with the social services district;

(f) has a conviction of any activity that occurred in the past seven years that indicated a lack of business integrity; or

(g) has been found by a social services district, after the social services district has conducted an administrative review in accordance with subparagraph (ii) of this paragraph, to have submitted a false claim(s) to a social services district for reimbursement; or

(h) has failed to comply with the terms of a repayment plan for grant programs administered by the Office.

(ii) An administrative review by a social services district must include the following:

(a) A review of the claims submitted to the social services district and any other information or documentation obtained by the social services district to determine the accuracy of the information contained in the claims; and if a social services district determines after such a review that a provider submitted inaccurate information in the claims, then a preliminary review report must be prepared by a social services district and sent to the child care provider that is the subject of the review for a response.

(b) A child care provider must be given 20 days, from the date the district sent the preliminary review report to respond to the report. A child care provider may respond in writing presenting evidence and arguments that the provider believes refute the findings of the preliminary review report, or may request a formal review by a social services district, which allows a provider, in person, to present evidence and arguments in support of his/her position.

(c) If no response from a provider is received by a social services district within 20 days from the date of the postmark of the preliminary review report, the report may be finalized by a social services district. A final report, issued under this subclause, may be the basis for a social services district to disqualify a provider from providing subsidized child care.

(d) If a response from a provider is received by a social services district within 20 days from the date of the postmark of the preliminary report, the social services district must review and evaluate the response and may make appropriate changes based on the response from the provider, before issuing a final review report. Upon completion of the review, the social services district shall issue a final review report, such report must be sent to the child care provider that is the subject of the review.

(e) A child care provider, upon receipt of a final review report, must be given 10 days from the date of the postmark of the final review report to respond, and to request a formal review by the social services district. A final review report issued under this subclause, where a provider does not request a formal review within the 10-day specified timeframe, or does not provide a response that disproves the findings of said report, may be the basis for a social services district to disqualify a provider from providing subsidized child care.

(f) A social services district, upon receipt of a request for a formal review by a provider found in a final review report to have submitted inaccurate claims, must conduct such a review within 30 days of receipt of the request.

(g) A social services district at a formal review must allow a provider, in person, to present evidence and arguments in support of the provider's position.

(h) A social services district, after a formal review and after reviewing the evidence and arguments supplied by a provider at a formal review must make a final determination of whether a provider submitted false claims. A final determination that a provider submitted false claims may be the basis for a social services district to disqualify a provider from providing subsidized child care.

(iii) A provider who has been disqualified from receiving payment for child care services provided under the child care assistance program by a social services district or the Office under subparagraph (i) of this paragraph is ineligible to receive such payments through any social services district for five years from the date of the disqualification, if such a provider made full restitution of any and all falsely obtained funds to the social services district or the Office. If such a provider did not make full restitution to a social services district or the Office, then the provider will remain ineligible to provide subsidized child care and ineligible for future grant opportunities offered by the Office.

(iv) A social services district that disqualifies a provider from receiving a payment for child care services provided under the child care subsidy program must provide appropriate information concerning the disqualification to the appropriate regional office of the office's division of child care services if the provider is a licensed or registered day care provider, or to the appropriate legally-exempt caregiver enrollment agency if the provider is a legally-exempt child care provider.

(3) In accordance with a plan approved by the office, a social services district will have the right to make announced or unannounced inspections of the records and premises of any provider that provides care for subsidized children, including the right to make inspections prior to subsidized children receiving care in a home where the inspection is for the purpose of determining whether the child care provider is in compliance with applicable laws and regulations and any additional requirements imposed on such a provider by the social services district. A social services district must notify the office immediately of any violations of regulations and must provide the office with an inspection report documenting the results of such inspection.

(4) Nothing contained in this Part will diminish the authority of the local social services district from referring a matter to the appropriate district attorney or law enforcement agency.

(i)Overpayments.

(1) The social services district must take all reasonable steps to correct promptly any overpayments for child care services to a child's caretaker or a child care provider.

(2) Overpayments must be recovered through:

(i) repayment by the child's caretaker or child care provider; or

(ii) a reduction in the amount of the payment to the child's caretaker or child care provider until the full amount of the overpayment is collected; provided, however, that no recovery of overpayments may be made from a child care provider where a contract for such child care services obligates the social services district to make full payment. When no recovery may be made from a child care provider because a contract requires full payment, and repayment is not made from the child's caretaker, Federal financial participation (FFP) and State reimbursement cannot be claimed for such overpayment.

(3) In recovering overpayments for child care services from child care recipients, social services districts must ensure that the child care recipients retain, for any month, a reasonable amount of funds.

(4) Recoupment of such overpayment can be made only from child care benefits unless the child care recipient voluntarily requests that such recovery be made from his or her available income.

(5) Overpayments must be recovered from the caretaker(s) on whose behalf the payments were made or the provider(s) who received payment for such services, so long as caretaker(s) or provider(s) are deemed responsible for such overpayments whether by acts of omission or commission.

(6) Overpayments to child care providers or former recipients of child care services who refuse to repay may be recovered in accordance with the legal remedies available under State law.

(7) When an overpayment occurs as a result of a district's failure to act promptly on information provided by a parent or caretaker regarding circumstances affecting child care benefits, no recovery shall be made from the party who provided such information. When a recovery cannot be made under this subdivision, Federal financial participation (FFP) and State reimbursement cannot be claimed for such overpayment.

(8) Underpayments and overpayments may be offset against each other.

(9) In all cases involving current child care services recipients, in all cases of fraud, and in all cases where the overpayment would equal or exceed the cost of recovery of the overpayment, the recovery of an overpayment must be attempted.

(10) Each social services district must collect and maintain information on the collection of overpayments and make appropriate adjustments when claiming FFP and State reimbursement, and when satisfying the district's maintenance of effort requirement under the New York State Child Care Block Grant Program as set forth in section 415.7 of this Part.

(11) An applicant for child care services who has not repaid past overpayments for previous child care services must agree to, and comply with, a plan to make full repayment of such overpayments as a condition of being eligible for new child care services if such overpayments resulted from:

(i) the failure of the applicant, or member(s) of the applicant's family unit, to promptly notify the social services district of a change in circumstances; or

(ii) child care services fraud by the applicant or member(s) of the applicant's family unit who was a parent or caretaker and responsible for such fraudulent activity.

(12) With the exception of child care services authorized as a child protective or preventive service, a recipient of child care services who fails to agree to a reasonable plan for repayment or recovery of an overpayment, or who fails to comply with an agreed upon plan, must have their child care benefits suspended or terminated until such time as the recipient comes into compliance with such a plan.

(13) With the exception of child care services authorized as a child protective or preventive service, a recipient or former recipient of child care assistance who has been convicted of, or has voluntarily admitted to, fraudulently receiving child care assistance must have his or her child care assistance, if any, suspended or terminated and will not be eligible for subsequent child care assistance for a period of time determined in accordance with the time periods established in subparagraph (i) of this paragraph. If such recipient or former recipient is a recipient of public assistance and needs child care in order to participate in an activity required by the social services district, the disqualification of eligibility for child care assistance based on the former fraud conviction or voluntary admission will be suspended during the recipient's or former recipient's participation in the required activity. However, the disqualification period will begin or resume once the recipient or former recipient is no longer participating in a required activity.

(i) Unless a court of appropriate jurisdiction specifies a different disqualification period, the recipient or former recipient of child care assistance would be ineligible to receive child care assistance:

(a) for 12 months for a first offense;

(b) for 24 months for a second offense or whenever there is an offense that results in the wrongful receipt of child care assistance in an amount as specified by the office; or

(c) permanently for a third offense or whenever there is an offense that results in the wrongful receipt of child care assistance in an amount as specified by the office.

(ii) A recipient or former recipient of child care assistance that has been disqualified from receiving child care assistance by a social services district under this paragraph is ineligible to receive child care assistance, with the exception of child care authorized as a child protective or preventive service or needed to participate in an activity required by the social services district, unless the person makes full restitution or commits to a plan of restitution of all falsely obtained funds to the social services district. If such a recipient or former recipient of child care assistance does not make full restitution or commit to a plan of restitution to the social services district, then the person will remain ineligible to receive child care assistance, with the exception of child care authorized as a child protective or child preventive service or needed to participate in an activity required by the social services district.

(14) Overpayments for child care services made as a result of payment for aid continuing for a caretaker who loses a fair hearing or whose fair hearing is withdrawn, abandoned or defaulted must be recovered as prescribed in this subdivision.

(j)Due process requirements.

(1) Written notice of the determination of eligibility, the family share to be paid by the applicant, or ineligibility for child care assistance, as well as any modifications thereto, must be sent to the applicant or recipient in accordance with section 404.l(f) of this Title. Recipients of child care assistance must receive timely and adequate notice of any change in child care assistance, except that changes in the manner or amount of payment for child care assistance by a social services district may be made with only adequate notice pursuant to section 358-3.3 of this Title, unless those changes result in a discontinuation, suspension, reduction or termination of such benefits, or force a change in child care arrangements.

(2) An applicant for or recipient of child care services must be notified of the right to a fair hearing in accordance with Part 358 of this Title whenever there is a determination affecting his or her family's eligibility for child care services.

(k) Nothing contained in this Part will diminish the authority of the office to conduct inspections of licensed or registered child care providers or to provide for such inspections through purchase of services in accordance with section 390 of the Social Services Law. Nothing contained in this subdivision will obligate the office to take any action to enforce any additional requirements imposed by a social services district on child care providers providing care to children receiving child care subsidies.

(l) Each social services district must establish comprehensive fraud and abuse control activities for the district's child care subsidy program. A social services district must provide details on its comprehensive fraud and abuse control activities in the district's consolidated services plan or integrated county plan, which must include, but not be limited to:

(1) identification of the criteria the social services district will use to determine which child care subsidy applications suggest a higher than acceptable risk for fraudulent or erroneous child care subsidy payments and procedures for referring such applications to the district's front end detection system;

(2) a sampling methodology to determine which cases the social services district will seek verification of an applicant or recipient's continued need for child care including, as applicable, verification of participation in employment, education or other required activities; and

(3) a sampling methodology to determine which providers of subsidized child care services the social services district will review for the purpose of comparing the provider's attendance forms for children receiving subsidized child care services and any Child and Adult Care Food Program inspection forms to verify that child care was actually provided on the days listed on the attendance forms.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 415.4

Amended, New York State Register March 1, 2017/Volume XXXIX, Issue 09, eff. 3/1/2017

Amended New York State Register June 14, 2017/Volume XXXIX, Issue 24, eff. 6/14/2017

Amended New York State Register June 27, 2018/Volume XL, Issue 26, eff. 6/27/2018

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020

Amended New York State Register November 10, 2020/Volume XLII, Issue 45, eff. 11/10/2020

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

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)

Amended New York State Register June 12, 2024/Volume XLVI, Issue 24, eff. 6/12/2024