NY Soc Serv L § 458-B (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 10 - Kinship Guardianship Assistance Program 458-B - Kinship Guardianship Assistance Payments.

§  458-b.  Kinship  guardianship  assistance  payments.  1. A child is eligible for kinship guardianship assistance payments under  this  title if the social services official determines the following:  (a)  The  child  has  been in foster care for at least six consecutive months in the home of the prospective relative guardian; and  (b) The child being returned  home  or  adopted  are  not  appropriate permanency options for the child; and  (c)  The  child  demonstrates  a  strong attachment to the prospective relative guardian and the prospective relative  guardian  has  a  strong commitment to caring permanently for the child; and  (d)  That  age  appropriate consultation has been held with the child, provided however with respect to a child who has attained fourteen years of age,  that  the  child  has  been  consulted  regarding  the  kinship guardianship  arrangement,  and with respect to a child who has attained eighteen years of age, that the  child  has  consented  to  the  kinship guardianship arrangement.  (e)  (i)  If  the  child  has been placed into foster care pursuant to article ten or ten-C of the family court act, that both the fact finding hearing pursuant to section one thousand fifty-one of the  family  court act  or  section  one  thousand  ninety-five  of  the  family court act, respectively, and the first permanency hearing pursuant to paragraph two of subdivision (a) of section one thousand  eighty-nine  of  the  family court act have been completed; or  (ii) for all the other children, that the first permanency hearing has been completed.  (f)  The  financial  status of the prospective relative guardian shall not be considered in determining eligibility  for  kinship  guardianship assistance payments.   1-a. A child shall remain eligible for kinship guardianship assistance payments  under  this  title  when  a  successor  guardian as defined in subdivision six of section four  hundred  fifty-eight-a  of  this  title assumes care and guardianship of the child.   2.  (a)  A  prospective  relative  guardian who has been caring for an eligible foster child for  at  least  six  consecutive  months  and  who intends  to seek guardianship or permanent guardianship of the child may apply to the social services official who has custody, care and custody, or guardianship and custody of the child to receive kinship guardianship assistance payments,  non-recurring  guardianship  payments,  and  other applicable services and payments available under this title on behalf of the child.  (b)  Applications  shall only be accepted prior to issuance of letters of guardianship of the child to the relative guardian  pursuant  to  the provisions  of  the  family court act or the surrogate's court procedure act.  (c) Notwithstanding any other provision of  law  to  the  contrary,  a prospective  relative  guardian  and any person over the age of eighteen living in the home of the prospective  relative  guardian  who  has  not already  been  subject  to  a national and state criminal history record check pursuant to section three hundred seventy-eight-a of this  article as  part  of the process of the prospective relative guardian becoming a certified or approved foster parent must complete such a record check in accordance with the procedures and standards set forth in  such  section prior  to  the social services official acting upon the application. The social services official must inquire of  the  office  of  children  and family  services  whether  each  prospective  relative guardian and each person over the age of eighteen living in the home  of  the  prospective relative  guardian  has been or is currently the subject of an indicated report of child abuse or maltreatment on file with the statewide central  register of  child  abuse  and  maltreatment  and,  if  the  prospective relative  guardian or any other person over the age of eighteen residing in the home of the prospective  relative  guardian  resided  in  another state  in  the five years preceding the application, request child abuse and  maltreatment  information  maintained  by  the  child   abuse   and maltreatment  registry  from the applicable child welfare agency in each such state of previous residence, if such a request has not been made as part of the process of the  prospective  relative  guardian  becoming  a certified or approved foster parent.  (d)  (i)  Notwithstanding  any other provision of law to the contrary, prior to the social services official approving a prospective  successor guardian  to  receive payments pursuant to this title in accordance with subparagraph (ii) of paragraph (b) of subdivision five of this  section: (1)  the  social  services  official  must complete a national and state criminal history record check pursuant to  subdivision  two  of  section three  hundred  seventy-eight-a  of  this  article  for  the prospective successor guardian and any person over the age of eighteen living in the home of the prospective  successor  guardian,  in  accordance  with  the procedures  and  standards  set  forth  in such subdivision; and (2) the social services official must inquire of  the  office  of  children  and family  services,  in accordance with section four hundred twenty-four-a of this article, whether each prospective successor  guardian  and  each person  over  the  age of eighteen living in the home of the prospective successor guardian has been or is currently the subject of an  indicated report of child abuse or maltreatment on file with the statewide central register  of  child  abuse  and  maltreatment  and,  if  the prospective successor guardian or any other person over the age of eighteen residing in the home of the prospective successor  guardian  resided  in  another state  in  the five years preceding the inquiry, request child abuse and maltreatment information maintained by the child abuse and  maltreatment registry  from the applicable child welfare agency in each such state of previous residence.  (ii) It shall be the duty of the  prospective  successor  guardian  to inform  the  social services official that has entered into an agreement with the relative guardian for payments under this title in  writing  of the  death or incapacity of the relative guardian and of the prospective successor guardian's desire to enforce the provisions in  the  agreement that  authorize  payment  to  him  or  her  in the event of the death or incapacity of the relative guardian.  (iii) The clearances requires by subparagraph (i)  of  this  paragraph shall  be conducted following receipt by the social services official of the  written  communication  required  by  subparagraph  (ii)  of   this paragraph.   3.  If  the  social  services  official  determines  that the child is eligible for kinship guardianship assistance payments and it is  in  the best  interests  of  the  child  for  the  relative  to become the legal guardian of the child, the social services official shall enter into  an agreement   with  the  prospective  relative  guardian  authorizing  the provision of kinship  guardianship  assistance  payments,  non-recurring guardianship  payments,  and other services and payments available under this  title  subject  to  the  issuance  by  the  court  of  letters  of guardianship  of  the child to the prospective relative guardian and the child being finally discharged from foster care  to  such  relative.  In determining  whether  it  is  in the best interests of the child for the relative to become the  relative  guardian  of  the  child,  the  social services  official  must  determine and document that compelling reasons exist for determining that the return home of the child and the adoption of the child are not in  the  best  interests  of  the  child  and  are,  therefore,  not  appropriate  permanency  options.  A  copy of the fully executed agreement must be provided by the social services  official  to the prospective relative guardian.   4. (a) Payments and eligibility for services under this title shall be made  pursuant  to  a  written  agreement  between  the  social services official and the prospective relative guardian.  (b) The written agreement shall specify, at a minimum: the amount  of, and  manner  in which, each kinship guardianship assistance payment will be provided under the agreement; the manner in which the payments may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative  guardian  and  the  needs  of  the child;  the  additional  services  and assistance that the child and the relative guardian will be eligible for under the agreement, which  shall be  limited  to the additional services and assistance set forth in this title; the procedures by which  the  relative  guardian  may  apply  for additional  services,  as needed; that the social services official will pay the total cost of nonrecurring expenses  associated  with  obtaining legal  guardianship  of the child, to the extent the total cost does not exceed two thousand dollars in  accordance  with  section  four  hundred fifty-eight-c  of  this  title;  and,  that the agreement will remain in effect regardless of the state of residence of the relative guardian  at any time.  (c)  The  agreement  must  be  fully executed prior to the issuance of letters of guardianship of the child to the relative guardian  in  order for the child to be eligible for payments and services under this title.  (d) Payments pursuant to this section may be made by direct deposit or debit   card,   as   elected   by   the   recipient,   and  administered electronically, and in accordance  with  section  twenty-one-a  of  this chapter  and  with  such guidelines as may be set forth by regulation of the office of children and family services. The office of  children  and family  services  may  enter  into  contracts  on behalf of local social services districts for such direct deposit or  debit  card  services  in accordance with section twenty-one-a of this chapter.  (e) The original kinship guardianship assistance agreement executed in accordance  with  this  section  and  any amendments thereto may name an appropriate person to act as a successor guardian  for  the  purpose  of providing  care  and  guardianship  for a child in the event of death or incapacity of the relative guardian. Nothing herein shall be  deemed  to require  the  relative guardian to name a prospective successor guardian as a condition for the approval of  a  kinship  guardianship  assistance agreement.  (f)  A  fully  executed  agreement  between  a relative guardian and a social services official may be amended  to  add  or  modify  terms  and conditions  mutually  agreeable  to the relative guardian and the social services official, including the naming  of  an  appropriate  person  to provide  care  and  guardianship  for  a  child in the event of death or incapacity of the relative guardian.  (g) The social services official shall inform the relative guardian of the right to name an appropriate person to act as a  successor  guardian in  the original kinship guardianship assistance agreement or through an amendment to such agreement.  (h) A fully executed  agreement  between  a  relative  guardian  or  a successor guardian and a social services official may be terminated if:  (i)  in  accordance  with  paragraph  (b) of subdivision seven of this section, a social services  official  has  determined  that  a  relative guardian  or  a  successor guardian is no longer legally responsible for the support of the child; or  (ii) following  the  death  or  permanent  incapacity  of  a  relative guardian,  all  prospective  successor guardians named in such agreement were  not  approved  by  the  social  services  district   pursuant   to subparagraph (ii) of paragraph (b) of subdivision five of this section.   5.  (a)  Once  the  prospective  relative  guardian with whom a social services official has entered into an agreement under  subdivision  four of  this  section  has been issued letters of guardianship for the child and the child has been finally  discharged  from  foster  care  to  such relative,   a  social  services  official  shall  make  monthly  kinship guardianship assistance payments for the care  and  maintenance  of  the child.  (b)  (i) In the event of death or incapacity of a relative guardian, a social  services  district  shall  make  monthly  kinship   guardianship assistance  payments  for  the  care  and  maintenance  of  a child to a successor guardian that has been approved pursuant to subparagraph  (ii) of this paragraph.  (ii)  Following  the  death  or incapacity of the relative guardian, a social services official shall approve a prospective successor  guardian that  is  named  in  the  agreement  between the relative guardian and a social services official for payments under this title and that has been awarded guardianship or permanent guardianship of the child by the court unless, based on the results of the clearances required by paragraph (d) of subdivision two of this section, the  social  services  official  has determined  that  approval  of the prospective successor guardian is not authorized or appropriate. Provided however, that  no  approval  can  be issued  pursuant  to  this  paragraph  unless  the prospective successor guardian has been awarded guardianship or permanent guardianship of  the child  by  the  court  and  the  clearances required by paragraph (d) of subdivision two of this section have been conducted.  (iii) Notwithstanding any other provision of law to the contrary, if a prospective successor guardian assumes care of the child prior to  being approved pursuant to subparagraph (ii) of this paragraph, payments under this  title  shall  be  made  once  a  prospective  guardian is approved pursuant to such subparagraph retroactively from: (1) in  the  event  of death  of the relative guardian, the date the successor guardian assumed care of the child or  the  date  of  death  of  the  relative  guardian, whichever  is  later;  or (2) in the event of incapacity of the relative guardian, the date the successor guardian assumed care of the  child  or the date of incapacity of the relative guardian, whichever is later.  (c)  In  the  event  that  a  successor  guardian assumed care and was awarded guardianship or permanent guardianship of a  child  due  to  the incapacity   of  a  relative  guardian  and  the  relative  guardian  is subsequently awarded or resumes guardianship or  permanent  guardianship of  such child and assumes care of such child after the incapacity ends, a social services  official  shall  make  monthly  kinship  guardianship assistance  payments  for  the  care and maintenance of the child to the relative guardian, in accordance with the terms of  the  fully  executed written agreement.   6.  The  amount of the monthly kinship guardianship assistance payment made  pursuant  to  this  section  shall  be  determined   pursuant   to regulations  of  the office. The amount of the monthly payment shall not be less than seventy-five per centum of the applicable  board  rate  nor more  than  one  hundred  per  centum  of such rate as determined by the social services district in  accordance  with  the  regulations  of  the office;  provided,  however, that the rate chosen by the social services district shall be equal to the rate used by the  district  for  adoption subsidy payments under section four hundred fifty-three of this article. The  social services official shall consider the financial status of the  prospective relative guardian or relative guardian only for the  purpose of determining the amount of the payments to be made.   7.  (a)  Kinship guardianship assistance payments shall be made to the relative guardian or guardians until the child's eighteenth birthday  or until  the  child  attains  twenty-one  years  of age provided the child consented upon attaining the age of  eighteen  and  is:  (i)  completing secondary  education  or  a program leading to an equivalent credential; (ii)  enrolled  in  an  institution  which  provides  post-secondary  or vocational  education;  (iii)  employed  for  at  least eighty hours per month; (iv) participating in a program or activity designed to  promote, or  remove  barriers  to,  employment;  or  (v) incapable of any of such activities due to a medical condition, which incapability  is  supported by regularly updated information in the case plan of the child.  (b)  (i) Notwithstanding paragraph (a) of this subdivision, and except as provided for in paragraph (b) of subdivision five of this section, no kinship guardianship assistance payments may be made  pursuant  to  this title  if  the  social  services  official  determines that the relative guardian is no longer legally responsible for the support of the  child, including if the status of the legal guardian is terminated or the child is  no  longer  receiving  any support from such guardian. In accordance with the regulations of the office, a relative  guardian  who  has  been receiving  kinship guardianship assistance payments on behalf of a child under this title must keep the social services official informed, on  an annual basis, of any circumstances that would make the relative guardian ineligible  for  such  payments  or eligible for payments in a different amount.  (ii) Notwithstanding paragraph (a) of this subdivision, and except  as provided  for  in  paragraph (c) of subdivision five of this section, no kinship guardianship assistance payments may be made  pursuant  to  this title to a successor guardian if the social services official determines that  the  successor  guardian  is no longer legally responsible for the support of the child, including if the status of the successor  guardian is  terminated or the child is no longer receiving any support from such guardian.  A  successor  guardian  who  has   been   receiving   kinship guardianship  assistance  payments on behalf of a child under this title must keep the social services official informed, on an annual basis,  of any  circumstances that would make the successor guardian ineligible for such payments or eligible for payments in a different amount.   8. The placement of the child with the relative guardian or  successor guardian and any kinship guardianship assistance payments made on behalf of  the  child under this section shall be considered never to have been made when determining the  eligibility  for  adoption  subsidy  payments under  title  nine of this article of a child in such legal guardianship arrangement.