Judge Grants Restraining Order Against Child Care Contribution Increase
The following is a press release from the Westchester County Board of Legislators.
Acting Supreme Court Justice Robert A. Neary granted the Democratic leadership team of the Westchester County Board of Legislators (BOL) a temporary restraining order against County Executive Astorino and Commissioner Kevin McGuire of the County’s Department of Social Services (DSS) on Friday that prevents an increase of the family share for low-income child care subsidies from 20 percent of costs, as agreed upon in the adopted 2012 Budget Act, to 35 percent.
Neary ordered the petitioners and respondents in the case to return to court on July 5 for a hearing on a preliminary injunction that will determine whether to continue the relief granted today.
Attorney Alex Eisemann, who represented the legislators, noted that the judge’s decision rested on a finding that the plaintiffs will ultimately prevail on the merits of the underlying lawsuit.
“I applaud the judge’s decision today because it’s right for Westchester,” said BOL Vice Chair Lyndon Williams (D-Mount Vernon), a plaintiff in the lawsuit along with BOL Chairman Ken Jenkins (D-Yonkers), BOL Majority Leader Peter Harckham (D-Katonah) and BOL Majority Whip MaryJane Shimsky (D-Hastings-on-Hudson). “The Astorino Administration has not been able to justify their argument for increasing the family share for daycare.”
Williams noted that the lawsuit was filed as a matter of last recourse, as time was running out for families in the daycare program before the increase kicked in, and because attempts at trying to negotiate a compromise with the administration over the last six months were rebuffed again and again—as they have been on numerous other issues.
The change in the family share of the child care cost was supposed to go into effect today, June 1, even though the Administration had understated in the approved budget the amount of the New York State Child Care Block Grants it is receiving by $2.45 million. And County Budget Director Lawrence Soule has noted that money could be shifted around DSS this year to pay for any shortfalls in the child care subsidy programs—which wouldn’t be difficult considering DSS has averaged a $15 million surplus the past five years.
“I know a lot of hard-working Westchester residents now who will breathe a sigh of relief,” said Shimsky. “Making this change in mid-year will cause families to drop out of these programs and turn instead to unregulated, unlicensed daycare operations—or quit their jobs and go on public assistance. Believe me: we’re going to continue to fight for our residents on this important issue.”
“I’m pleased by the judge’s decision this afternoon because I’ll be able to return to work on Monday knowing my daughter Arianna is in a safe environment,” said Dana Gentile, a New Rochelle resident who works at a Westchester publishing company.
Adam has worked in the local news industry for the past two decades in Westchester County and the broader Hudson Valley. Read more from Adam’s author bio here.
