NY Soc Serv L § 131 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 1 - General Provisions 131 - Assistance, Care and Services to Be Given.

§  131.  Assistance, care and services to be given. 1. It shall be the duty of social services officials, insofar as funds  are  available  for that  purpose,  to  provide  adequately  for  those  unable  to maintain themselves, in accordance with the  requirements  of  this  article  and other  provisions  of  this  chapter.  They  shall,  whenever  possible, administer such care, treatment and service as may restore such  persons to a condition of self-support or self-care, and shall further give such service to those liable to become destitute as may prevent the necessity of their becoming public charges.   2. It shall be the duty of social services officials, insofar as funds are available for that purpose, to cooperate with the directors of state department  of  mental  hygiene  facilities  in order to assist patients discharged or about to be discharged from mental hygiene institutions in their transition to a condition of self-support  and  self-care  in  the community.   3.  As far as possible families shall be kept together, they shall not be separated for reasons of poverty alone, and they  shall  be  provided services  to  maintain  and  strengthen  family  life. In providing such services, the public welfare official may utilize appropriate  community resources,  including non-profit private agencies. Whenever practicable, assistance and service shall be given a needy person in  his  own  home. The  commissioner  of  public  welfare  may, however, in his discretion, provide assistance and care in a boarding home, a home of a relative,  a public or private home or institution, or in a hospital.   4.  For  needy  persons  who  are  members  of a family household, the standard of need for determining their eligibility for public assistance shall be as prescribed by  section  one  hundred  thirty-one-a  of  this chapter  and  applicable federal requirements. For needy persons who are not members of a family household,  the  department  shall  continue  to determine  the  standard  of  need for determining their eligibility for public assistance  pursuant  to  the  provisions  of  this  chapter  and applicable federal requirements.   5.  No  public  assistance  shall  be  given  to  an  applicant for or recipient of public  assistance  who  has  failed  to  comply  with  the requirements  of  this  chapter,  or has refused to accept employment in which he or she is able to engage.   5-a.  The  state  commissioner  of  labor,  in  cooperation  with  the commissioner  and  with  individual  local social services officials, is hereby  authorized  to   locate   jobs   services   personnel   wherever appropriate,  in  order  to  achieve  the  employment objectives of this chapter. Local  social  services  officials,  in  cooperation  with  the commissioner  and  the  commissioner  of labor, are authorized to locate social services personnel wherever appropriate, in order to achieve  the employment objectives of this chapter.   6.  No individual who is under the age of eighteen and is not married, who resides with and provides care for his or her dependent child or  is pregnant  and  otherwise  entitled  to  family  assistance shall receive family  assistance  for  himself  or  herself  unless  the   individual, individual  and  child or pregnant woman resides in a place of residence maintained as a home by the individual's parent, legal guardian or other adult relative or in an adult-supervised supportive living  arrangement. Where  possible,  any  such  benefits  to  be  paid  on  behalf  of such individual, individual and child or pregnant woman shall be provided  by the  social  services  district  to  the parent, legal guardian or other adult relative with  whom  such  individual,  individual  and  child  or pregnant  woman  resides.  The  requirement  to  reside  with  a parent, guardian or adult relative shall not apply if (a) the individual has  no living parent, legal guardian or other appropriate adult relative who is  living  or  whose whereabouts are known or (b) no living parent or legal guardian of such individual allows the individual to live in his or  her home or (c) the individual or minor child is being or has been subjected to  serious  physical or emotional harm, sexual abuse or exploitation in the residence of the parent or  guardian  or  (d)  substantial  evidence exists of imminent or serious harm if such individual or dependent child were to live in the same residence with the individual's parent or legal guardian  or (e) it is in the minor child's best interests to waive such requirement with respect to the individual or minor child, as determined in accordance with department regulations, consistent with  federal  law and  regulations.  Unless the individual's current living arrangement is appropriate, an individual and his  or  her  minor  child  who  are  not required  hereunder  to reside with a parent, guardian or adult relative shall be required as a condition of assistance to  reside  in  an  adult supervised  supportive  living  arrangement  approved by the district in accordance with standards set by the department and taking into  account the needs and concerns of the individual, including but not limited to a second  chance  home  or  maternity  home.  A  "second chance home" is a facility which provides teen parents with a  supportive  and  supervised living arrangement in which they are required to learn parenting skills, including  child development, family budgeting, health and nutrition and other  skills  to  promote  long-term  economic  independence  and   the well-being  of  their  children. Social services districts shall provide adult supervised supportive living arrangements or assist individuals in locating  them.  If  a  child  subject  to  the  requirements  of   this subdivision  alleges  facts which, if true, would render the requirement to live with a parent, guardian or other adult relative inapplicable  by reason  of  paragraph  (c) or (d) of this subdivision, a social services district shall take no action to deny assistance under the authority  of this  subdivision  unless  it  has  duly investigated in accordance with section four hundred twenty-four of this chapter  and  made  a  contrary finding.  If  a social services district denies assistance after a child alleges facts which, if true, would render this subdivision inapplicable by reason of paragraph (c) or (d) of  this  subdivision,  the  applicant shall  be  entitled  to a fair hearing pursuant to section twenty-two of this chapter held within thirty days of the request, if the  request  is timely made.   7.  a.  Care,  treatment and service as provided in subdivision one of this section may include, in  accordance  with  applicable  federal  and state  requirements, if any, medical care, instruction and work training to restore health, aptitudes and capabilities or develop  new  aptitudes and  skills  for  the  purpose  of  preparing  individuals  for  gainful employment.   b. A public welfare official responsible for the assistance  and  care of  a  person  who,  in  the judgment of such official, is employable or potentially employable, may require  such  person  to  receive  suitable medical  care  and/or undergo suitable instruction and/or work training. Any such person who  wilfully  refuses  to  accept  such  medical  care, refuses  or fails to report for or cooperate in a program of instruction and/or work training as required by the public welfare  official,  shall be  ineligible  to  receive  public  assistance  and  care. However, the requirements of this provision relating to instruction and work training shall not apply in the case  of  a  person  who  is  not  available  for employment by reason of age, health or other disability.   c.  The  provisions  of  this  section shall not confer authority on a social services official  to  provide  instruction  which  is  available through  the public school system, but regulations of the department may  make  provision  for  such  authority  when  special  need  therefor  is demonstrated.   8.  This  section shall be construed to require the employment of such employees as may be necessary and qualified to perform  or  provide  the specialized services indicated by federal or state requirements.   9. Upon determining that a person is eligible for any form or category of  public  assistance,  the social services official shall issue to any such person to whom payment is to be made, an appropriate payment access card, in a form approved by  the  office  of  temporary  and  disability assistance,  which  shall  be  used  as  the  office  of  temporary  and disability  assistance,  by  regulation,  may  prescribe  for   improved administration.   10.  Any applicant who voluntarily terminated his or her employment or voluntarily reduced his or her  earning  capacity  for  the  purpose  of qualifying  for  public  assistance  or a larger amount thereof shall be disqualified from receiving such assistance for ninety  days  from  such termination  or  reduction,  unless otherwise required by federal law or regulation. Any applicant  who  applies  for  public  assistance  within ninety  days  after  voluntarily  terminating  his  or her employment or reducing his or her earning capacity shall, unless otherwise required by federal law or regulation, be deemed to have voluntarily terminated  his or her employment or reduced his or her earning capacity for the purpose of  qualifying  for  such  assistance or a larger amount thereof, in the absence of evidence to the contrary supplied by such person.   11.  Social  services  officials  are  hereby  authorized  to  furnish assistance  which  duplicates  assistance  already  granted, but, unless otherwise specifically required by the  provisions  of  title  eight  of article  five  of  this chapter, (i) in no event shall such officials be required to furnish such assistance and (ii) in  no  event  shall  state reimbursement  be  available  for  such expenditures, provided, however, that any payment required by a court of competent jurisdiction shall  be subject to state reimbursement.   12.  Notwithstanding any provision of this chapter or other law to the contrary, no public assistance or food stamps  shall  be  given  to  any individual  during  the  ten-year  period  that  begins  on the date the individual is convicted in federal or  state  court  of  having  made  a fraudulent  statement or representation with respect to his or her place of residence in order to receive public assistance,  medical  assistance or  food  stamps  simultaneously from two or more states or supplemental security income in two or more states. The preceding sentence shall  not apply  with  respect  to  a  conviction  of  an  individual in any month beginning after the president of the United States grants a pardon  with respect to the conduct which was the subject of the conviction.   13.  Social  services  districts  shall  provide  all  applicants  and recipients of public assistance with children five years of age or  less with  information and a schedule regarding age-appropriate immunizations for children in accordance with the recommendations of the department of health and the immunization practices advisory committee of  the  United States  department of health and human services. The telephone number of the local county health department shall be included on the immunization schedule.   14. (a) Notwithstanding any provision of this chapter or other law  to the  contrary, no public assistance shall be given to any individual who is (i) fleeing to avoid prosecution or custody or conviction  under  the laws  of  the  place  from which the individual flees for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees or which, in the case of  the  state  of New  Jersey,  is a high misdemeanor under the laws of such state or (ii)  violating a condition of probation or parole imposed  under  federal  or state law.  (b)  For  purposes  of this section, if and to the extent permitted by federal law, a person shall be considered to be violating a condition of probation or parole only if:  (i) he or she is currently  an  absconder  from  probation  or  parole supervision and a warrant alleging such a violation is outstanding; or  (ii)  he  or  she  has  been  found  by judicial determination to have violated probation or by administrative adjudication by  the  department of corrections and community supervision to have violated parole.   Such  person  shall  be  considered  to  be  violating  a condition of probation or parole only until he or she is  restored  to  probation  or parole  supervision or released from custody, or until the expiration of the person's maximum period of imprisonment  or  supervision,  whichever occurs first.  (c)  A  person  considered to be violating a condition of probation or parole under this section shall include a  person  who  is  violating  a condition of probation or parole imposed under federal law.  (d)  For  purposes  of this section, probation or parole shall include conditional release, wherever applicable.   15. Notwithstanding any provision of this chapter or other law to  the contrary,  no public assistance shall be given to or for any minor child who has been or is expected to be absent from the home  of  his  or  her parent   or  other  caretaker  relative  for  a  consecutive  period  of forty-five days or more without good cause as set forth  in  regulations of  the  department,  nor shall any assistance be given to any parent or other caretaker  relative  who  fails  to  notify  the  social  services district  of  the  absence  of the minor child within five days after it becomes clear to the parent (or relative) that the child will be  absent for  a  consecutive  period of forty-five days or more. Good cause shall include absence for placement in foster care if the goal  set  forth  in the child service plan under section four hundred nine-e of this chapter is  the  return of the child to a member of the household, or attendance at school or hospitalization, if it is in  the  best  interests  of  the child to return home and return is expected within a reasonable time.   16.  If,  in  accordance  with  section one hundred fifty-eight, three hundred forty-nine-b or other provisions of  this  chapter,  the  social services  official  determines  that an individual is not cooperating in establishing paternity or in establishing,  modifying,  or  enforcing  a support  order  with  respect  to  a  child  of  the individual, and the individual does not have good cause for such failure or is not otherwise excepted from so cooperating  in  accordance  with  regulations  of  the department,  the  assistance  given to the household shall be reduced by twenty-five percent.   18. Notwithstanding any provision of this chapter or other law to  the contrary,  no  public  assistance shall be given to any parent under the age of eighteen, who is not married and has a minor child  twelve  weeks of age or more in his or her care and who has not successfully completed a  high  school  education or its equivalent if such individual does not participate in educational activities directed toward the attainment  of a high school diploma or its equivalent or an alternative educational or training  program  directly  related  to  employment and approved by the social services district. No person shall  be  denied  assistance  under this  subdivision  during  any  period  of  time  in which enrollment in required educational activities is not available. Nothing  herein  shall prohibit  a  social  services district from requiring any person to work toward attaining a secondary school diploma  or  its  equivalent  unless such  person  has  been  determined  by  a medical, psychiatric or other  appropriate professional to lack  the  requisite  capacity  to  complete successfully such a course of study.   19.  When  a recipient claims that his or her system access device has been lost, stolen, or destroyed, or that the security  features  of  the card  have been compromised, the local social services district, subject to reasonable terms and conditions set forth in  department  regulations and policies, shall provide the recipient with a replacement card within forty-eight hours exclusive of weekends and holidays.   20.  In  accordance  with  the  provisions of this subdivision and the regulations of the office of temporary and disability assistance, social services districts shall make  all  applicants  for  and  recipients  of public assistance aware of their option to receive an information packet appropriate for victims of sexual assault. Such information packet shall be  made  available to all individuals who demonstrate a need for or who are interested in receiving services appropriate for victims  of  sexual assault,  and  shall  include  referral  and contact information for all local programs that  provide  services  to  victims  of  sexual  assault including, but not limited to:  (a)  sexual  assault  examiner programs, including a list of any local hospitals offering sexual assault forensic examiner  services  certified by the department of health;  (b) rape crisis centers; and  (c)  other  advocacy, counseling, and hotline services appropriate for victims of sexual assault.