NY Soc Serv L § 132 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 1 - General Provisions 132 - Investigation of Applications.

§  132.  Investigation  of  applications.  1.  When an application for assistance or care  is  received,  or  a  social  services  official  is informed  that  a  person  is  in need of public assistance and care, an investigation and record shall be made  of  the  circumstances  of  such person.  The  object of such investigations shall be to secure the facts necessary to  determine  whether  such  person  is  in  need  of  public assistance  or  care  and what form thereof and service he or she should receive. Information shall be sought as to the residence of such person, the name, age, religious faith, physical condition,  earnings  or  other income,  and  ability to work of all members of the family, the cause of the person's condition, the  ability  and  willingness  of  the  family, relatives,  friends and church to assist, and such other facts as may be useful in determining the  treatment  which  will  be  helpful  to  such person.  However,  nothing  in  this  subdivision  or  elsewhere in this chapter contained shall  be  construed  to  require  a  social  services official  to  communicate  with or require assistance from any person or persons liable by law to contribute to the support of a  woman  pregnant with,  or  the  mother of, an out of wedlock child, in need of care away from home during pregnancy and during and after delivery,  in  the  case where  the  surrender  of  the  child to the social services official is under consideration, for such period as may be necessary for such mother and official to  decide  whether  the  child  will  be  surrendered  for adoption  to  such official, which period shall not extend beyond ninety days after birth of the child. Except where the welfare official  is  in possession  of  positive  proof  that  the  applicant is receiving or is eligible to receive  unemployment  insurance  benefits  and  the  amount thereof  such  investigations  shall  include  written  request  to  the commissioner of labor or his or her duly authorized officer charged with administration of the unemployment insurance law for information  as  to the status of such person in respect to unemployment insurance benefits.   2.  (a)  All  applications  received by a town social services officer shall be forwarded to the county commissioner immediately and  all  such applications   shall   be  investigated  by  the  staff  of  the  county commissioner. After investigation the county commissioner  shall  return to  the  town  social  services officer every application for safety net assistance made by a person residing or found  in  such  town,  together with  his  or  her recommendation as to the eligibility of the applicant and the amount of assistance to be granted, if any. In addition thereto, the county commissioner shall keep  the  town  social  services  officer currently  informed  of  persons  residing  in  his  or her town who are receiving any form of public assistance and care other than  safety  net assistance.  (b)  In a city social services district, investigation of applications shall be made by the city commissioner of social services and his staff.  (c) In a city which is functioning  under  section  seventy-four-a  of this  chapter, investigation shall be made by the county commissioner of social services and his staff.   3. The commissioner of  the  department  of  family  assistance  shall provide  by regulation for methods of determining eligibility for public assistance and care, other than medical assistance, to  be  utilized  by all  social  services  officials.  Such  regulations  shall  provide for methods of verifying information supplied by or  about  recipients  with information  contained in the wage reporting system established pursuant to section one hundred seventy-one-a of the tax law and similar  systems in  other  geographically contiguous states, and, to the degree mandated by federal law with the non-wage income file maintained  by  the  United States  internal  revenue  service,  with the benefits and earnings data  exchange maintained by the United States department of health and  human services, and with the unemployment insurance benefit file.   4.  (a)  Investigation  into  the  cause of the condition of a head of household or of any adult applicant or recipient and the treatment which will be helpful to such person shall include  a  screening  for  alcohol and/or  substance  abuse using a standardized screening instrument to be developed  by  the  office  of  addiction  services  and   supports   in consultation with the department. Such screening shall be performed by a social  services  district  at  the time of application and periodically thereafter but not more frequently than every  six  months,  unless  the district has reason to believe that an applicant or recipient is abusing or  dependent  on  alcohol  or  drugs,  in  accordance  with regulations promulgated by the  department.  Such  screening  may  be  conducted  by telephone  or  other  digital  means  at the request of the applicant or recipient.  (b) When the screening process  indicates  that  there  is  reason  to believe  that  an  applicant  or  recipient  is  abusing or dependent on alcohol or drugs, the social services district shall  require  a  formal alcohol  or  substance abuse assessment, which may include drug testing, to be performed  by  an  alcohol  and/or  substance  abuse  professional credentialed  by the office of addiction services and supports. Provided however, if the applicant or recipient tests positive for  the  presence of  cannabis,  the  positive  result  alone  shall  not be sufficient to establish a dependence  for  purposes  of  requiring  an  individual  to participate  in  a  treatment  program pursuant to paragraph (c) of this subdivision. The assessment may be performed directly by the district or pursuant to contract with the district. Such assessment may be conducted by telephone or other digital means at the request of the  applicant  or recipient.  (c) The social services official shall refer applicants and recipients whom  it determines are presently unable to work by reason of their need for treatment for  alcohol  or  substance  abuse  based  on  the  formal assessment to a treatment program licensed or certified by the office of alcoholism and substance abuse services or operated by the United States office  of  veterans  affairs  and  determined  by  the  social services official to meet  the  rehabilitation  needs  of  the  individual.  When residential  treatment is appropriate for a single custodial parent, the social services official shall make diligent efforts to refer the parent to a program that would allow  the  family  to  remain  intact  for  the duration of the treatment.  (d)  A  person  who  fails  to  participate in the screening or in the assessment shall be ineligible for public assistance. Other members of a household which includes a person who has failed to participate  in  the screening  or  assessment  shall,  if otherwise eligible, receive public assistance only through safety net  assistance  if  they  are  otherwise eligible for public assistance.  (e) A person referred to a treatment program pursuant to paragraph (c) of  this  subdivision,  and  the  household with which he or she resides shall receive safety net assistance while the person is participating in such treatment, if  the  household  is  otherwise  eligible  for  public assistance. If a person referred to treatment cannot participate in that treatment  because treatment is not presently available, that person and the household with which he or she  resides  shall  receive  safety  net assistance if the household is otherwise eligible for public assistance.  (f)  If  an  applicant or recipient is required, pursuant to paragraph (c) of this subdivision, to participate in an appropriate rehabilitation program and refuses to participate in such program without good cause or leaves such program prior to completion  of  the  program  without  good  cause,  provided  that  program completion shall be solely determined by the guidelines and rules  of  such  rehabilitation  program,  or  if  an applicant  or  recipient  has  been suspended from the receipt of social security disability benefits or supplemental security income benefits by reason of noncompliance with requirements of the federal social security administration  for  treatment for substance abuse or alcohol abuse, the person will be disqualified from receiving public assistance as follows:  (i) for the first failure to participate in or complete  the  program, until  the  failure  ceases  or for forty-five days, whichever period of time is longer;  (ii) for the second such failure, until the failure ceases or for  one hundred twenty days, whichever period of time is longer; and  (iii)  for the third and subsequent failures, until the failure ceases or for one hundred eighty days, whichever period is longer.   Good cause shall be defined in regulations by the commissioner.   The household with which the person resides shall continue to  receive safety net assistance if otherwise eligible.  (g)  Persons disqualified from receiving public assistance pursuant to paragraph (f) of this subdivision who would otherwise  be  eligible  for public  assistance and who return to required treatment prior to the end of the disqualification period and are  receiving  residential  care  as defined  in  paragraph  (d)  of subdivision three of section two hundred nine of this chapter shall be eligible for safety net assistance.  (h) Notwithstanding any inconsistent provision of section one  hundred thirty-one-o  of this article, if a recipient required to participate in an appropriate treatment program  pursuant  to  paragraph  (c)  of  this subdivision receives a personal needs allowance, such allowance shall be made  as  a  restricted  payment to the treatment program and shall be a conditional payment. If such  recipient  leaves  the  treatment  program prior  to the completion of such program, any accumulated personal needs allowance will be considered an overpayment and returned to  the  social services district which provided the personal needs allowance.  (i)  Compliance  with  the provisions of this subdivision shall not be required as a condition of applying for or receiving medical assistance.