NY Soc Serv L § 131-Z (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 1 - General Provisions 131-Z - Child Assistance Program.

§  131-z.  Child  assistance  program.  1.  Notwithstanding  any other provision of law to the contrary,  any  district  may  operate  a  child assistance  program  as  part  of the family assistance program with the approval  of  the  department.  Approved  expenditures  for  such  child assistance  program  shall be subject to federal and state reimbursement as expenditures under the family assistance program in  accordance  with section  one  hundred fifty-three of this chapter. Provided, however, on or after January first, nineteen  hundred  ninety-eight  the  department shall  reimburse  social services districts for the administrative costs of this program in accordance with the provisions of subdivision sixteen of section one hundred fifty-three of this chapter. All custodial parent families receiving family assistance benefits shall be eligible for this program, provided they satisfy the requirements of this section, if they reside in a district which operates such a program.   2. Where a program has  been  authorized,  child  assistance  payments pursuant  to  the  provisions  of  this section may be made to custodial parents on behalf of minor children  in  accordance  with  the  criteria specified  in  subdivisions three, four, five and six of this section in lieu of allowances determined in accordance  with  section  one  hundred thirty-one-a  of  this  article.  The  amount  of  such child assistance payments shall be at least the sum of three thousand three hundred sixty dollars per annum for the first minor child and one thousand one hundred sixteen dollars per annum for each additional minor child, provided that such payments shall be reduced by the amounts specified in paragraph (a) of subdivision six of this  section.  The  commissioner  may  develop  a methodology  which  will  provide  for  the  periodic  adjustment of the benefit  level  to  reflect  changes  in  maximum  monthly  grants   and allowances  authorized  pursuant  to section one hundred thirty-one-a of this article for the family assistance program. In addition,  the  child assistance  payments  shall be established so that the payments combined with earnings from full-time employment shall  result  in  a  family  of three  having  income at or above the poverty level for nineteen hundred eighty-seven as reported by the federal department of health  and  human services.   3.  No  custodial  parent who resides in a social services district or portion of such district in which a child assistance program is operated shall be eligible under this program for  receipt  of  child  assistance payments for a child, unless:  (a)  An order of child support for such child has been made by a court of competent jurisdiction;  (b) The order of child support is payable through a support collection unit as created by section one hundred eleven-h of this chapter or  such other administrative mechanism as may be designated by the commissioner; or  the custodial parent has cooperated in taking the necessary steps to ensure that the  child  support  order  is  payable  through  a  support collection unit or other administrative mechanism;  (c)  The parent subject to a support order described in paragraphs (a) and (b) of this subdivision is absent from the home;  (d) The custodial parent and the child for whom, or on whose behalf an application for child assistance program payments is  made  is  at  such time, a recipient of family assistance benefits; and  (e) The custodial parent has not withdrawn from the program within the three  months prior to the date of reapplication for benefits under this program.   4.  Notwithstanding  the  provisions  of  subdivision  three  of  this section,  a  custodial  parent  may  be eligible under this program even though the custodial parent has failed  to  obtain  an  order  of  child support because:  (a) The other parent is deceased;  (b)  The  custodial parent has demonstrated to the satisfaction of the commissioner, a  diligent  effort  to  obtain  a  child  support  order, including   providing  the  local  social  services  district  with  the information necessary to file a petition for child support, but  due  to reasons  outside of the control of the custodial parent, a child support order is not obtainable in a reasonable period of time;  (c) The custodial parent has good cause as defined in regulations, not to cooperate in obtaining a child support order; or  (d) The child resides with both parents and paternity has either  been acknowledged or established.   5.  A  participant is no longer to be considered a participant in this program when such individual is not eligible for payments as a result of the operation of paragraph (a) of subdivision six of  this  section  for four consecutive months.   6. (a) So long as funds are available therefor, the amount received by each  custodial  parent  eligible  to  receive child assistance payments pursuant to this section shall be reduced by an amount equal to:  (i) An amount which reflects a portion of the  actual  income  of  the custodial  parent  pursuant  to  a  methodology to be established by the commissioner; and  (ii) An additional amount which reflects that portion of the custodial parent's spouse's income which  is  deemed  to  be  available  to  other household  members  pursuant  to  a methodology to be established by the commissioner.  (b) Persons in receipt of both child assistance under this section and medical assistance pursuant to title eleven  of  article  five  of  this chapter  who, prior to April first, two thousand five, become ineligible for medical assistance solely due to increased earnings from  employment or loss of earned income disregards shall, if otherwise eligible, remain eligible  for  medical assistance until March thirty-first, two thousand five or until such later time as may be required by  the  provisions  of such  title  or  of  this  subdivision. Such medical assistance shall be provided initially pursuant to paragraphs (a)  and  (b)  of  subdivision four of section three hundred sixty-six of this article.  (c)  With  respect  to  persons  described  in  paragraph  (b) of this subdivision, including those no longer in receipt  of  child  assistance due  to  increased earnings from employment, when the medical assistance provided pursuant to paragraphs (a)  and  (b)  of  subdivision  four  of section  three  hundred sixty-six of this chapter ends, such persons, if ineligible for medical assistance solely due to earnings from employment or loss of earned income disregards shall, if otherwise eligible, remain eligible  for  medical  assistance  for  an  additional  twelve  months. However,  in  no  event shall medical assistance be provided pursuant to this paragraph for any period that is more than twelve months after such persons cease to participate in the child assistance program.  (d) Social services districts shall  take  all  necessary  actions  to provide  medical  assistance  pursuant  to  paragraphs  (a)  and  (b) of subdivision four of section three hundred sixty-six of this  chapter  to individuals  described in paragraphs (b) and (c) of this subdivision who are eligible  for  such  assistance.  Social  services  districts  shall provide  to  individuals  described  in  paragraphs  (b) and (c) of this subdivision information as to  the  availability  of  the  child  health insurance  plan  described  in title one-A of article twenty-five of the public health law.   7. Each participating social services district shall  provide  to  all recipients eligible for participation in this program in accordance with the  approved  program  a  comparison  of  the  benefits  that  would be  available to  the  household  under  family  assistance  and  the  child assistance  payments  as  provided  in  this section. Each participating district shall inform all eligible recipients that participation in this program is voluntary.   8.  Participation  in  this  program  shall  be  voluntary.  Should  a participant elect to terminate his or her participation in this program, then, upon reapplication for family assistance benefits and a subsequent determination of eligibility, such  participant  shall  be  restored  to benefits effective from the date of reapplication.   9.  The  department  shall promulgate regulations for the operation of the child assistance program. Such regulations shall include but not  be limited to:  (a)  Resources.  At  program  entry, program participants may not have resources which exceed the  level  permitted  for  eligibility  for  the family  assistance  program.  Once  eligible for the program, no further resource tests shall be imposed;  (b) Eligibility determinations.  Program  participants  shall  not  be required to report changes in income more frequently than quarterly;  (c)  Lump  sums.  If  a child or relative participating in the program receives, in any month or months in a quarter, a non-recurring amount of earned or unearned income, the quarterly  total  of  which  exceeds  one quarter  of  the  annual poverty level for nineteen hundred eighty-seven for a family of the same size as the program  household  which  received the  lump sum, the case shall be ineligible for assistance for the whole number of quarters that equals the amount of  the  non-recurring  income received,  adjusted  for any applicable disregards of income, divided by the quarterly poverty level applicable to the case;  (d) One hundred eighty-five percent  of  gross  income  test.  Program participants  shall  be  allowed to have income in excess of one hundred eighty-five percent of the state standard of need;  (e)  Loss  of  eligibility.  Non-compliance  with   a   condition   of eligibility  shall  result  in the ineligibility of the whole family for the child assistance program;  (f) Determination of available  income.  Notwithstanding  section  one hundred   thirty-one-a   or   any   other  provision  of  this  chapter, determination of available income and the determination of income to  be disregarded  shall  be  in  accordance  with  these regulations provided however that the methodology shall not be adjusted in a manner such that a household would receive a lower  benefit  than  a  similarly  situated household  would have received in January, nineteen hundred ninety-seven for the same amount of earned income; and  (g) Cash out of food stamps. To the extent permitted by  federal  law, program  participants  shall  receive  the value of their food stamps in cash.  (h) Child support pass through. The  requirement  that  certain  child support  collected be passed through to the custodial parent pursuant to section one hundred eleven-c of this chapter shall not apply to  persons participating in the child assistance program.