2023 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.