| Child Care Help |
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| Written by Phil Dailey | |
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Paying for child care can be a large part of a family’s budget. If someone who is legally responsible for your children is not available to watch them, you may be able to get help paying for child care from your local Department of Social Services or Human Resources Administration (DSS/HRA) office. To get help paying for child care you will need to turn in an application to DSS/HRA. If you are currently receiving or applying for public assistance, DSS/HRA should not make you file a new application for child care assistance.
DSS/HRA should make applications for child care assistance available to anyone who asks for one. If you are only applying for child care assistance, let the receptionist at DSS/HRA know. If help with child care is the only benefit that you are applying for, your local DSS/HRA may have a shorter application that you can fill out. If your local DSS/HRA does not have a shorter application, then you will need to fill out the larger, green application (this is the same application used when applying for food stamps, public assistance, HEAP, etc). If you are applying for other benefits, such as food stamps and/or Medical Assistance, at the same time as child care assistance, then you will need to complete the green application.
Once you have finished your application, you can turn it into DSS/HRA the same day. If you are unable to take your finished application to DSS/HRA, DSS/HRA should accept your application by mail.
Like the other programs DSS/HRA runs, you will need to prove some of the information on your application. For example, you will need to prove how much income your family receives, who lives in your family, what days and hours you work, and so on. If DSS/HRA has papers that you have given them in the past, such as birth certificates, then DSS/HRA should not ask you to turn them in again. If you have tried but are unable to get papers DSS/HRA asks for, then let them know and ask for their help. Never allow DSS/HRA to keep your original documents; let them make a copy. If you turn a paper into DSS/HRA, they are required to give you a receipt if you ask for one.
Please Note: To be eligible for child care assistance, you have to either have a child support order, be actively going after a child support order, or have good cause for not going after a child support order. If you are receiving or applying for public assistance, DSS/HRA may already be going after child support for you. If you are not receiving or applying for public assistance, DSS/HRA may be able to help you obtain a child support order.
The day DSS/HRA receives your application is called your filing date. DSS/HRA has 30 days from this date to determine whether or not you are eligible for child care assistance. If you are eligible for child care assistance, you should get assistance retroactive (back to) the day you turned in your application.
Once DSS/HRA has decided whether or not you are eligible for child care assistance, they must send you a letter (notice) explaining their decision. If the notice says that you are eligible for child care assistance, it should tell you how much help you will get. The notice will also tell you how much you have to pay yourself to your child care provider. The amount that you have to pay out of your pocket to your child care provider is called the “family share.”
If DSS/HRA denies your application for child care assistance, then you have a right to request a fair hearing to challenge their decision. You also have a right to request a fair hearing if you disagree with the amount of assistance DSS/HRA will provide, if DSS/HRA changes your benefits amount, and/or says that you have received more assistance than you were eligible for.
You can request a fair hearing to challenge the action that DSS/HRA has taken on your application/case by: -calling toll-free: 1899-342-3334; -with access to the internet go to: www.otda.state.ny.us/oah/forms.asp. -by fax machine: 1-518-473-6735; -by mailing to: New York Office of Administrative Hearings P. O. Box 1930 Albany, New York 12201
* * * * * Legal Assistance of Western New York, Inc. This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office.
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