2023 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.
(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.