NY Soc Serv L § 350 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 10 - Aid to Dependent Children 350 - Character and Adequacy.

§  350. Character and adequacy. 1. (a) Allowances shall be adequate to enable the father, mother or  other  relative  to  bring  up  the  child properly, having regard for the physical, mental and moral well-being of such  child,  in  accordance  with the provisions of section one hundred thirty-one-a of this chapter and other  applicable  provisions  of  law. Allowances  shall  provide for the support, maintenance and needs of one or both parents if in need,  and  in  the  home  and  for  the  support, maintenance  and  needs  of  the  other relative if he or she is without sufficient means of support, provided such parent, parents and  relative are  not  receiving federal supplemental security income payments and/or additional state payments  for  which  they  are  eligible.  The  social services  official may, in his discretion, make the incapacitated parent the grantee of the allowance and when allowances are granted for the aid of a child or children  due  to  the  unemployment  of  a  parent,  such official may make the unemployed parent the grantee of the allowance.  (b)  When  permitted in accordance with regulations of the department, provision may be made under this title for any item  of  maintenance  of eligible  individuals  who  are  receiving  medical assistance for needy persons in a hospital, nursing home, infirmary or other eligible medical institutions. However, aid under this title shall not include provisions for care or services in any hospital, nursing home, infirmary  or  other eligible  medical  institutions  when  such  care  and  services  may be provided as medical assistance  for  needy  persons  pursuant  to  title eleven of article five.   * (d) In accordance with the regulations of the department approved by the  director  of the budget, allowances granted under the provisions of this title may include the costs of maintaining an eligible child  in  a summer camp operated by a nonprofit organization, corporation or agency, which  has  been  issued  an  operating permit by the appropriate health official in whose jurisdiction  such  camp  is  situated,  when  in  the judgment of the social services official it is advisable for the welfare of  such  child  to  provide  maintenance in such summer camp, provided, however, that  such  maintenance  shall  not  be  provided  where  funds therefor  were  available or could have been obtained from other sources in the absence of the authority granted in this paragraph.   * NB Repealed June 30, 2021  (e) Any inconsistent provisions of this title notwithstanding, so long as federal law and regulations require,  family  planning  services  and supplies  shall be offered and promptly furnished to eligible persons of childbearing age, including children  who  can  be  considered  sexually active,  who  desire  such services and supplies, in accordance with the regulations of the department. In order to  maximize  federal  financial participation,  the  department  may require that such services shall be furnished under title  eleven  of  article  five.  No  person  shall  be compelled or coerced to accept such services or supplies.  (f) When, in the judgment of the social services official, care cannot be provided in the mother's own home, care may be provided in a licensed maternity home, a family home or boarding home for a child or his mother in  need  of  public assistance and care during pregnancy and during and after delivery and for eligible persons assistance may be provided in  a family  home  or  boarding  home,  provided  that  no assistance will be provided under this title when such assistance  can  be  provided  under title  eleven.  Payments  to  such  homes  and institutions for care and maintenance provided by them shall be at rates established  pursuant  to law,  and  regulations of the department. The department, however, shall not establish  rates  of  payment  to  homes  and  institutions  without approval of the director of the budget.  (g)  The  social services official of a social services district shall advise persons who  are  eligible  for  aid  under  this  title  of  the availability for their benefit of child health screening services and of care  and  treatment  of  disabilities and conditions discovered by such screening  under  the provisions of title eleven of article five of this chapter; and upon request such  official  shall  promptly  furnish  such services or care and treatment under the provisions of such title.   2.  Assistance  funded  in  whole  or  in  part  under  the  temporary assistance to needy families block grant program temporary assistance to needy families (a) shall not be granted to any family which includes  an adult who has received any form of assistance funded in whole or in part under  the  temporary  assistance  to needy families block grant program under title IV-A of the federal social security act in this state or  in any  other  state  for  a cumulative period of longer than sixty months, provided that, (i) in determining the number  of  months  for  which  an individual  who  is  a parent or pregnant has received assistance, there shall not be included any period in which the  individual  was  a  minor child  who  was  not  the  head  of  household or married to the head of household, and (ii) the social services district  shall,  in  accordance with  regulations of the department, subject to any federal limitations, exempt a family from the application of this subdivision on the basis of hardship when the adult family member is unable to work  because  of  an independently  verified  physical  or  mental impairment including those resulting from domestic violence, or when the adult family member is  in receipt  of supplemental security income payments under title XVI of the federal social security act or additional state payments under title six of this article, and (iii) provided  that  periods  in  which  an  adult receives  cash  assistance in the safety net assistance program shall be included  in  the  cumulative  period  referred  to  in  this  paragraph regardless  of whether such assistance was funded in whole or in part by the temporary assistance to needy families block grant program;  (b) may be increased, decreased or revoked at any time; and  (c) except in the case of a child reaching the age of eighteen  years, may  be  continued for a period of not more than one month after a child becomes ineligible to be granted allowance under this title.   4. Adequate supervision of all families receiving such  aid  shall  be provided  and  supervisory  visits  shall  be  made  to  each  family as frequently as the regulations of the department and the circumstances of the case may require.   5. The social services official of the social services district  shall in  cooperation with other public officers, private relief societies and individuals seek to secure for persons to whom allowances are granted as provided in this title or  who  apply  for  such  allowances  additional assistance whenever the social services official is unable adequately to provide for their needs and the needs of their families. It shall be the duty  of such official and the family court to cooperate with each other in the effective  enforcement  of  the  obligation  of  the  parents  of children  for  whose benefit such allowances are granted to support such children to the extent of the parents' ability to do so.