New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 2 - Liability for Payment › Part 311 - Change Of Residence › Section 311.4 - Continuing responsibility of district of former residence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In accordance
			 with paragraph (d) of subdivision 5 of section 62  of the Social Services Law, if a town,
			 city or county provides care for a person in a family home, boarding home,
			 intermediate care facility, nursing home, hospital or institution outside of
			 its territory and pays the vendor or supplier for such care, or sends a grant
			 to the recipient, the agency making such provision shall continue to be
			 responsible for payment for such care as long as the recipient of assistance or
			 care is in need thereof. In the event that any other type of public assistance
			 and care is needed by a person receiving such care, it shall be furnished and
			 paid for by the public welfare agency which would be responsible for such
			 required assistance and care if such person had remained in the territory of
			 the town, city or county making such provision.
(1) The phrase provides care means makes
			 arrangements or participates actively in making arrangements for care directly
			 or indirectly, in whole or in part.
(2) The word person includes both adult and
			 child.
(3) For adults, the term
			 facility means the home of a relative or close friend in which the arrangement
			 for board and care is not a commercial one even though public funds are needed.
			 Ordinarily, payment would not exceed cost of food and shelter, i.e., there
			 would be no charge for service and no element of profit.
(4) In the case of children, a family home
			 means the home of a relative or guardian to whom payment may be made through
			 public assistance grants.
(5) For
			 adults, the term boarding home means board and room, with or without extra
			 care, arranged for on a commercial basis, with the rate paid povering [FN1]
			 profit or payment for services required. It also includes shelter provided
			 under protective conditions, with or without meals on the premises, for youths
			 or handicapped adults during a period of training or treatment.
(6) For children, the boarding home means a
			 home or institution or a home in which a minor between the ages of 16 and 18 is
			 placed under the provisions of paragraph (i) of subdivision 6 of section 398  of the Social Services Law.
(7) The term institution includes a public or
			 private child caring institution, a private home for the aged, a private
			 institution for the blind, a public home or infirmary.
(8) Outside of its territory means in another
			 town, city or county within New York State.
(9) Any other type of care includes hospital
			 or other institutional care for a person already receiving care in a family
			 home, boarding home, intermediate care facility, nursing home, home for the
			 aged, etc.; care in a family home, boarding home, intermediate care facility,
			 nursing home, etc., for a person who has been receiving care in a hospital or
			 other institution; clothing, medical services or supplies or other special
			 items of assistance for a person receiving care under any of the specified
			 conditions; or burial for any such person.
(10) Under the provisions of an amendment to
			 paragraph (c) of subdivision 5 of section 62  of the Social Services Law, a new
			 paragraph was added which relates to the termination of continuing liability as
			 to children. This revision is incorporated in chapter 41 of the Laws of 1958.
			 Thereunder, when a child who has been cared for away from his home by or on
			 behalf of a public welfare district, pursuant to title 2 of article 6 or other
			 provisions of the Social Services Law, the Children's Court Act of the State of
			 New York, the Domestic Relations Court Act of the City of New York, or other
			 provisions of law is discharged, pursuant to law, to his parents, or parent,
			 brother, sister, uncle, aunt or legal guardian, who are or is then residing
			 outside the territory of such public welfare district, this formal discharge
			 shall terminate the responsibility of such public welfare district to furnish
			 assistance and care for such child; following such a discharge it shall become
			 the responsibility of the public welfare district wherein such child is
			 thereafter to reside with his relative or legal guardian to provide such
			 assistance and care for him as for any other child residing in the district.
(i) The primary purpose and effect of this
			 revision is to recognize the distinction between a formal and permanent
			 discharge of a child from foster care to "his own home" and a temporary or "on
			 trial" return of the child to his own home from foster care.
(11) When a recipient of public
			 assistance or care removes himself from a town, city or county and establishes
			 himself in some other town, city or county on a temporary or permanent basis,
			 without the knowledge, consent and active participation of the public welfare
			 official from whom he receives assistance or care, such official cannot be held
			 responsible for continuing to provide care except as such absence falls within
			 the temporary absence provisions relating to AB, AD, ADC or OAA. Similarly,
			 when care is provided outside the territory in other than a family home,
			 boarding home, intermediate care facility, nursing home, hospital or
			 institution, the public welfare official has no continuing responsibility. The
			 official in the new district is responsible therefor. Policies and procedures
			 described in sections
			 311.2
			 and
			 311.3,
			 supra, and department instructions apply.