(xiii) earnings of a dependent child under [14]18 years of age who is not legally responsible for the child or children for which child care assistance is sought (no inquiry shall be made);

The New York State Office of Children and Family Services (“Office”) would like to adopt a proposed rule on a consensus basis in accordance with Section 202 of the State Administrative Procedure Act. It is the Office’s determination that no person is likely to object to the proposed rule as written because it conforms the existing rule found at 18 NYCRR § 404.5(b)(6)(xiii) to the non-discretionary statutory provision of Social Services Law § 410-w(7). The current rule excludes the income of a dependent child under the age of 14 for the purpose of determining financial eligibility for child care assistance. The proposed rule would conform the current rule to the non-discretionary statutory provision of Social Services Law § 410-w(7), which requires the exclusion of the income of a dependent child under the age of 18 for the purpose of determining financial eligibility for child care assistance.

Section 201-a of the State Administrative Procedure Act requires a job impact statement to be filed if proposed regulations will have an adverse impact on jobs and employment opportunities in the State. Prior to the proposed change in regulation social services districts were required to exclude earnings of a child under 14 years of age, in determining financial eligibility for child care services. The proposed regulatory change would exclude earned income of a dependent child under the age of 18, who is not legally responsible for the child or children for whom child care assistance is sought, when determining eligibility of a household for a child care subsidy. The New York State Office of Children and Family Services believes that this change will not cause the loss of jobs in child care programs.