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A 10494

Renames the block grant for child care to the early childhood fund and requires the office of children and family services administer such fund

2025 Regular Session Introduced by Didi Barrett and 14 co-sponsors

Renames and shifts administration of New York’s child care funding to the OCFS, restructuring governance, funding, eligibility, and reporting to emphasize equity, continuity of car

REFERRED TO CHILDREN AND FAMILIES
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WeVote Research Nonpartisan
Bill Summary · A 10494

Overview

A 10494 proposes renaming New York’s existing child care block grant to the Early Childhood Fund and shifting administration to the Office of Children and Family Services (OCFS). The bill preserves the core purpose of providing child care assistance funded by federal and state sources, but reorganizes governance, reporting, eligibility, and program requirements to be administered under OCFS with updated terms and standards.

Main purpose and intent

  • Rename the existing “Block Grant for Child Care” to the “Early Childhood Fund.”
  • Place the administration of the Early Childhood Fund under the Office of Children and Family Services (OCFS).
  • Align the fund’s governance, eligibility, funding allocation, and reporting with updated statutory language and OCFS oversight.

Key provisions and changes

  • Terminology and governance

    • Title header changed from to EARLY CHILDHOOD FUND.
    • OCFS is designated as the administering agency for the fund.

  • Fund composition and disposition

    • The Early Childhood Fund comprises federal Title IV-A funds, federal Child Care and Development Block Grant (CCDBG) funds, and any additional federal or state funds directed to child care and quality/availability activities.
    • The fund is split into two parts:
    • One part retained by the state for statewide low-income child care subsidies, special groups, and quality/availability activities (including program start-up, resource and referral, training, monitoring, data systems, and consumer education). Performance standards apply, with potential withholdings for districts not meeting standards.
    • The other part allocated to social services districts for local child care assistance (public assistance families, transitional CARE, and low-income families). In NYC (population 1M+), the second part covers public assistance, transitional care, and other low-income families.

  • Allocations and reimbursement

    • Allocations for a city with 1M+ population follow an approved plan by OCFS and Director of the Budget, based on historical costs and need, with annual federal fiscal year budgeting.
    • Reimbursement to districts for public assistance-related care is 75% of eligible expenditures; for other eligible families, 100% of expenditures, capped by the district’s annual block grant allocation.

  • Eligibility and benefits

    • OCFS may establish priorities to ensure equitable access and retain certain priority-identified families (as of 9/30/2023) for continued assistance if eligible.
    • Expansion of presumptive eligibility: districts may provide preliminary eligibility determinations to accelerate access, with final eligibility determination later. Federal permissible use of funds during presumptive period is noted.
    • Local districts may offer continuing child care subsidies in lieu of ongoing public assistance for employed recipients, subject to eligibility criteria.
    • Sliding fee scale: families contribute no more than 1% of income above the federal poverty level.
    • Eligible families include low-income groups up to 85% of the state median income, including those transitioning off public assistance, at-risk families, and those in postsecondary education, among others.
    • Continuity of care: no unnecessary moves between providers; ongoing eligibility required to prevent gaps.

  • Services and payment structure

    • Payments to providers may be made via direct payment, purchase of services, vouchers, reimbursement, or other arrangements, with at least one payment method required.
    • Administrative cap: districts may spend up to 5% of the fund for administrative activities.
    • Differential payment rates for certain providers (e.g., homeless children, nontraditional hours)—ranges from +10% to +15% of actual cost or applicable market rate, as regulated.
    • Direct deposit or debit card options for payments; electronic administration supported.

  • Reporting, data, and accountability

    • OCFS must report by August 31 of each year on fund implementation and disbursement, including geographic distribution.
    • OCFS will maintain a waiting list of eligible families, with monthly postings and detailed waitlist statistics (dates, ages, subsidy slots, and projected needs).
    • Data on applicant income, eligibility outcomes, and demographic breakdowns will be published semi-annually on OCFS’s website, with breakdowns by income percentiles of the state median income.
    • Required reporting to the governor and legislative leaders; privacy protections for individuals.

  • Maintenance of effort

    • Districts must maintain local funding for child care at levels consistent with historical funding (as of FY1995 IV-A, CCDBG, and state programs), with additional minimum local funding benchmarks for large cities.

  • Effective date

    • The act takes effect 180 days after becoming law, with certain amendments taking effect only upon the expiration/reversion of related provisions.

Who is affected

  • State government: OCFS gains primary administrative authority over the Early Childhood Fund, including planning, allocation, oversight, and reporting.
  • Social services districts: receive allocations for local child care subsidies; responsible for eligibility determinations, administering subsidies, and maintaining funding commitments.
  • Families and providers: low-income families, public assistance recipients, and nonpublic assistance families eligible for subsidies; child care providers receive regulated payment rates and may be subject to health/safety standards and monitoring.
  • NYC (city of 1 million+): continues to have specific funding allocations for public assistance and related low-income child care needs, within the two-part fund structure.
  • Service providers: subject to new differential payment rates and potential additional health and safety requirements.

Timelines and procedural notes

  • Allocation plans require state OCFS development and approval by the Director of the Budget; annual federal fiscal year budgeting.
  • Presumptive eligibility framework to be established via OCFS guidance and regulations.
  • Waiting list data and income reporting to be published on a defined schedule (starting no later than 2027, with annual updates).
  • Regular reporting to legislative and executive bodies due by December 1 each year after 2027.

Overall, A 10494 restructures governance and reporting around New York’s child care funding, emphasizes equitable access and continuity of care, introduces presumptive eligibility, expands differential payments for certain groups, and tightens accountability and data reporting through OCFS.

Compiled from official sources — confirm details with the bill’s official record.

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