reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 400 - Scope of Social Services Program › Section 400.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Those terms used often in this Subchapter are defined as
			   follows:
(a) Categories of individuals
			 means grouping of persons on the basis of common characteristics such as
			 recipient status (aid to dependent children, supplemental security income,
			 Medicaid), income level, age and physical or mental condition.
(b) Comprehensive annual social services
			 program plan means the annual statewide services plan prepared by the
			 department for each program year in accordance with the requirements of title
			 XX of the Federal Social Security Act.
(c) Department means the New York State
			 Department of Social Services, the State agency empowered by section 20  of the Social Services Law to supervise
			 the administration of public welfare programs in the State of New York and the
			 State agency designated by the Governor to supervise administration of the
			 State's program for the provision of services in accordance with the
			 requirements of title XX of the Federal Social Security Act.
(d) District component means the services
			 plan element for a designated geographic area which is prepared by the social
			 services district under the supervision and subject to the approval of the
			 department for incorporation in the comprehensive annual social services
			 program plan.
(e) Geographic area
			 means an area within the State such as a county or a group of counties which is
			 identifiable for the purposes of planning and administration of social services
			 programs. Each social services district is designated by the department as a
			 distinct geographic area.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 401 - Comprehensive Annual Social Services Program Plan › Section 401.1 - Comprehensive annual social services program plan

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall prepare annually in accordance with
			   the requirements of title XX of the Federal Social Security Act a proposed and
			   a final services plan with Statewide applicability to be called the
			   "comprehensive annual social services program plan" under which a program of
			   social services shall be administered by the department and the social services
			   district under the supervision of the department. The proposed comprehensive
			   annual social services program plan shall be prepared by the department for
			   submission to and publication by the department and following a period of
			   public comment a final comprehensive annual social services program plan shall
			   be prepared by the department for submission to and publication by the Governor
			   incorporating changes, if any, from the proposed comprehensive annual social
			   services program plan.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 401 - Comprehensive Annual Social Services Program Plan › Section 401.2 - Service program year

Current through Register Vol. 46, No. 28, July 10, 2024
The comprehensive annual social services program plan
			   shall become effective on the first day of October and continue in effect
			   through the 30th day of September of the next succeeding year. In the event
			   that the final comprehensive annual social services program plan is not
			   published on or before the first day of October, the initial effective date
			   shall be the date of publication.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 401 - Comprehensive Annual Social Services Program Plan › Section 401.3 - Submission and approval of the proposed district component

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The social services district shall
			 develop and submit annually to the department for approval in a format and at a
			 time specified by the department, a proposed district component appropriate for
			 incorporation by the department as part of the proposed comprehensive annual
			 social services program plan.
(b)
			 The department will review the proposed district component to assure that it is
			 in conformity with minimum Federal and State requirements. The department
			 review will include consideration of programmatic and fiscal feasibility in
			 light of needs and resources identified in the district component. The social
			 services district shall take immediate action in cooperation with the
			 department to correct any deficiencies in the proposed district component
			 identified by the department.
(c)
			 The proposed district component shall describe at a minimum:
(1) the geographic area, indicating at least:
(i) the physical boundaries of the social
			 services district; and
(ii) the
			 demographic, economic, and social characteristics of the social services
			 district.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 401 - Comprehensive Annual Social Services Program Plan › Section 401.4 - Public review of proposed comprehensive annual social services program plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The proposed
			 comprehensive annual social services program plan will be submitted to the
			 commissioner of the department so that it may be approved, published and made
			 generally available to the public by the commissioner on or before the first
			 day of July.
(b) The department
			 will prepare a detailed summary of the proposed comprehensive annual social
			 services program plan and provide copies thereof to the social services
			 district prior to publication of the proposed plan by the commissioner.
			 Beginning on the date of publication of the proposed plan by the commissioner
			 and continuing throughout the period for public comment, the department and the
			 social services district shall, upon request, distribute copies of the detailed
			 summary to interested individuals or organizations without charge.
(c) The department will provide copies of the
			 proposed comprehensive annual social services program plan to the social
			 services district prior to publication of the proposed plan by the Governor.
			 The department and the social services district shall make copies of the
			 proposed comprehensive annual social services program plan available for
			 inspection by the public commencing with the date of publication and continuing
			 throughout the program year. The department will also make copies of the
			 proposed comprehensive annual social services program plan available for
			 purchase at a price related to cost of printing.
(d) The social services district shall
			 provide the receipt of public comment relating to the proposed comprehensive
			 annual social services program plan for a period of 45 days following the date
			 of publication of the proposed plan by the commissioner. The social services
			 district shall review all public comment received to determine whether
			 revisions should be made in the district component of the proposed
			 comprehensive annual social services program plan. Written public comment shall
			 be retained by the social services district for public inspection for a period
			 of at least three years.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 401 - Comprehensive Annual Social Services Program Plan › Section 401.5 - Revised district component

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Following receipt and analysis of public comment, the social services district
			 shall prepare and submit to the department, in a form and at a time specified
			 by the department revised district component for approval and incorporation by
			 the department into the final comprehensive annual social services program
			 plan.
(b) The submission shall
			 include an explanation of differences between the proposed and the revised
			 district component, the reasons therefor, and a summary of all public comment
			 received.
(c) The department will
			 review the revised district component to assure that it is in conformity with
			 minimum Federal and State requirements. The department review will include
			 consideration of programmatic and fiscal feasibility in light of needs and
			 resources identified in the district component. The social services district
			 shall take immediate action in cooperation with the department to correct any
			 deficiencies in the revised district component identified by the
			 department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 401 - Comprehensive Annual Social Services Program Plan › Section 401.6 - Publication of final comprehensive annual social services program plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The final
			 comprehensive annual social services program plan will be submitted to the
			 commissioner of the department so that it may be approved and published by the
			 commissioner at least 45 days following publication of the proposed
			 comprehensive annual social services program plan and prior to commencement of
			 the program year.
(b) The
			 department will provide copies of the final comprehensive annual social
			 services program plan to the social services district prior to publication of
			 the final plan by the commissioner. Beginning on the date of publication of the
			 final plan by the commissioner and continuing throughout the program year, the
			 department and the social services district shall make copies of the final
			 comprehensive annual social services program plan available for inspection by
			 the public. The department will also make copies of the final comprehensive
			 annual social services program plan available for purchase at a price related
			 to cost of printing.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 401 - Comprehensive Annual Social Services Program Plan › Section 401.7 - Amendments to comprehensive annual social services program plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The social
			 services district may propose amendments to the district component of the final
			 comprehensive annual social services program plan. Amendments shall be prepared
			 and submitted to the department for approval. If an amendment is approved by
			 the department, the department will submit the amendment to the Governor for
			 approval of publication. The department will provide for a period of public
			 comment of at least 30 days following the date of initial
			 publication.
(b) Department
			 amendments to the comprehensive annual social services program plan will be
			 instituted in a manner similar to that specified in subdivision (a) of this
			 section.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 402 - Organizational Requirements for Social Services › Section 402.1 - Organizational responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 social services district shall be responsible for developing and implementing
			 the social services program as required by the department.
(b) The specific responsibilities of the
			 social services district include, but are not limited to, the following:
(1) maintaining a resources inventory of
			 services provided by the social services district and of services available
			 from other public and private community agencies;
(2) assessing needs of the
			 community;
(3) developing the
			 district component of the comprehensive annual social services program
			 plan;
(4) determining programmatic
			 and financial eligibility for services;
(5) developing individual plans for
			 services;
(6) authorizing services
			 provision, including payments to providers (or under certain circumstances to
			 the clients directly) in order to achieve a service goal; and
(7) arranging for the provision of
			 services.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 402 - Organizational Requirements for Social Services › Section 402.2 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Professional staff.
There must be adequate numbers of full-time personnel
			   with suitable qualifications to plan, develop, and supervise social services
			   and to provide specialized services to families and individuals.
(b)
Paraprofessional
			 staff.
Provision must be made for the recruitment, training and
			   effective use of paraprofessional staff in the programs of services to families
			   and individuals, including part-time or full-time employment of persons in
			   receipt of public assistance and other persons with low income. The term
paraprofessional
as used in this subdivision, means a person
			   with less than college education, a high school graduate, or a person with
			   little or no formal education.
(c)
Volunteers.
Provision must be made for the recruitment, training and
			   effective use of volunteers who represent various age groups. Senior citizens
			   and young persons must be included.
(d)
Staff development.
There must be a training program for staff development on
			   a continuing, progressive, and comprehensive basis for all staff responsible
			   for the provision of services.
(e)
Review and evaluation.
(1) Consistent with any appropriate
			 collective bargaining agreement(s) and applicable provisions of the Civil
			 Service Law, each local social services district must establish a procedure to
			 review and evaluate the backgrounds of and information supplied by applicants
			 for professional, paraprofessional and volunteer positions who will have the
			 potential for regular and substantial contact with children being cared for by
			 the district. As part of this procedure, the social services district must
			 require such applicants to submit all of the following information:
(i) a statement or summary of each
			 applicant's employment history, including but not limited to any relevant
			 child-caring experience;
(ii) the
			 names, addresses and, where available, telephone numbers of references who can
			 verify the applicant's employment history, work record and
			 qualifications;
(iii) the names,
			 addresses and telephone numbers of at least three personal references, other
			 than relatives, who can attest to the applicant's character, habits, reputation
			 and personal qualifications; and
(iv) a sworn statement by the applicant
			 indicating whether, to the best of such applicant's knowledge, the applicant
			 has ever been convicted of a crime in New York State or any other
			 jurisdiction.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 402 - Organizational Requirements for Social Services › Section 402.3 - Use of social services staff

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 social services district may allow the social services staff who are involved
			 in the supervision and operation of the social services program to perform not
			 only those functions relating to the provision of social services, but also
			 other functions relating to the provision of income maintenance.
(b) In the case where staff is engaged in
			 both services and income maintenance functions, an appropriate cost allocation
			 method shall be used for reimbursement purpose as prescribed by the
			 department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 402 - Organizational Requirements for Social Services › Section 402.4 - Merit system

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 social services district shall establish and maintain methods of personnel
			 administration in conformity with standards for a merit system as prescribed by
			 the Civil Service Law.
(b) The
			 social services district shall develop and implement an affirmative action plan
			 for equal employment opportunity in all aspects of personnel administration in
			 furtherance of the purposes of article 15 of the Executive Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 402 - Organizational Requirements for Social Services › Section 402.6 - Reception

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 social services district shall establish reception procedures which provide
			 ready access for those individuals and families inquiring about or seeking
			 services.
(b) The social services
			 district shall maintain a reception unit to perform the activities by which
			 inquiries about or applications for services are received and referred for
			 appropriate action. There may be a separate unit for services or a common unit
			 for services, income maintenance, and medical assistance. Staff of the
			 reception unit must be knowledgeable about district and community programs and
			 resources.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 403 - Program Requirements for Social Services › Section 403.1 - Selection of services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 department shall have the following exclusive authority with respect to
			 services for which Federal and/or State financial participation is available:
(1) definition of service;
(2) specification of the categories of
			 individuals to whom service shall be available;
(3) specification of the methods of provision
			 by which service may be delivered;
(4) establishment of income levels, if any,
			 required for eligibility for service;
(5) specification of categories of
			 individuals to whom a fee will be charged; and
(6) establishment of appropriate fee
			 schedules.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 403 - Program Requirements for Social Services › Section 403.2 - Information on availability of social services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Social services program
			 information.
Social services districts shall provide pertinent
			   information to applicants for and recipients of financial assistance, medical
			   assistance and social services, and other individuals and groups in the
			   community expressing interest in the availability of services. This shall
			   include, but not be limited to, the distribution of pamphlets prepared by the
			   department for this purpose about the services available, the eligibility and
			   other requirements governing receipt of such services, the right to present
			   views and complaints on services, and right to request a fair hearing.
(b)
Information and
			 referral.
The social services district shall, in accordance with
			   Part 392 of this Title, provide, either directly or through purchase,
			   information about and referral to community social services resources to any
			   individual or family who requests such information, without regard to
			   income.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 403 - Program Requirements for Social Services › Section 403.3 - Freedom to accept services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Eligible individuals and families shall be free to accept or reject services,
			 including those services offered as part of a protective treatment plan for
			 children and adults in need of protection. In the event an individual or family
			 refuses needed protective services, the social services district has an
			 obligation to gather relevant data for court referral if necessary in the case
			 of children, or for making arrangements with relatives, others and/or the
			 courts to act in behalf of impaired adults.
(b) Acceptance of a service shall not be a
			 prerequisite for the receipt of any other service or assistance, except for the
			 conditions relating to the work incentive program, a program for vocational
			 rehabilitation or other approved work program. In such instances the services
			 unit of the social services district shall immediately notify the income
			 maintenance unit (or the WIN/SAU unit regarding WIN participant) of the
			 individual's refusal to accept a service.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 403 - Program Requirements for Social Services › Section 403.4 - Case management

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Staff
			 of the social services district shall have basic responsibility for case
			 management, which means those activities necessary for initiating and
			 continuing the provision of services on a case-by-case basis. Such
			 responsibility includes:
(1) determining
			 eligibility for services;
(2)
			 developing a plan of service, consistent with an applicable employability plan
			 developed in accordance with section
			 385.4(a) 
			 of this Title on the basis of an evaluation or reevaluation of the client's
			 situation for the purpose of achieving an identified service goal;
(3) authorizing the scope, type of duration
			 of services to be provided;
(4)
			 assessing the quality and appropriateness of services provided;
(5) maintaining such recipient and services
			 information as required by the department; and
(6) reporting information as required by the
			 department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 403 - Program Requirements for Social Services › Section 403.5 - Public comment and complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Public comment.
In order to assure public participation, recipients of
			   services or their representatives and the public shall have an opportunity to
			   present comments about the social services program and the planning process
			   either orally or in writing throughout the program year. Social services
			   districts shall establish procedures for recording and processing such
			   comment.
(b)
Complaints.
Applicants for or recipients of services, or their
			   representatives, shall have an opportunity to present complaints, either orally
			   or in writing, to the social services district in accordance with Part 356 of
			   this Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 403 - Program Requirements for Social Services › Section 403.6 - Fair hearings

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with Part 358 of this Title, an applicant
			   for a service whose application has been denied or not acted upon within 30
			   days or a recipient of a service whose service has been reduced or terminated
			   by a social services district, shall be entitled to a fair hearing by the
			   department, provided the request is made within 60 days after such action or
			   failure to act.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 403 - Program Requirements for Social Services › Section 403.7 - Residency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No requirements
			 as to duration of residence or citizenship shall be imposed as a condition of
			 participation in a services program.
(b) An alien who is unlawfully residing in
			 the United States or who fails to furnish evidence that he/she is lawfully
			 residing in the United States, shall not be eligible for any social services
			 except information and referral services and protective services for adults and
			 children.
(c) An individual who has
			 been granted indefinite voluntary departure or indefinite stay of deportation
			 under "color of law" shall for the purpose of eligibility determinations for
			 title XX services, be considered an alien lawfully admitted for permanent
			 residence in the United States. Such an individual shall therefore be eligible
			 to apply for any social services as provided by the district component of the
			 then effective comprehensive annual social services program plan.
(d) No child who is a United States citizen
			 or who is lawfully residing in the United States shall be denied any social
			 service for which the child is otherwise eligible because of the residency
			 status of the child's parents or custodial relatives.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 403 - Program Requirements for Social Services › Section 403.8 - Safeguarding information

Current through Register Vol. 46, No. 28, July 10, 2024
The social services district shall safeguard the use and
			   disclosure of information on applicants for and recipients of services in
			   accordance with Part 357 of this Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 403 - Program Requirements for Social Services › Section 403.9 - Safeguarding confidential HIV-related information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Officers and employees of the department
			 and social services districts must not reveal confidential HIV-related
			 information obtained in the course of providing and administering social
			 services, except as specified in section
			 357.3(b) 
			 of this Title and in accordance with article 27-F of the Public Health Law.
			 Confidential HIV-related information is defined in section
			 360-8.1 
			 of this Title.
(b) Employees of the
			 department or a social services district who redisclose information in a manner
			 which is not consistent with the provisions of section
			 357.3 
			 of this Title and article 27-F of the Public Health Law are subject to
			 disciplinary action in accordance with applicable law and
			 regulations.
(c) Officers or
			 employees of the department or a social services district who redisclose
			 HIV-related information except as specified in section
			 357.3 
			 of this Title and article 27-F of the Public Health Law will be subject to
			 civil penalties and fines determined by a court of competent jurisdiction in
			 accordance with section 2783  of the Public Health Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 404 - Determination and Redetermination of Eligibility For Social Services › Section 404.1 - Process of eligibility determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Method of
					 determining eligibility.
The social services district must adopt methods of
						determining eligibility which are consistent with the objectives of the program
						and must respect the rights of individuals under the United States
						Constitution, and the Social Security Act, title IV of the Civil Rights Act of
						1964, and all other relevant provisions of Federal and State law. The social
						services district must adopt safeguards in determining eligibility which
						prevent discrimination or adverse action against individuals with AIDS or an
						HIV infection or an HIV-related illness and individuals who have had an
						HIV-related test. The terms
AIDS, HIV infection, HIV-related
						illness
or
HIV-related test
are defined in section
						360-8.1 
						of this Title.
(b)
Provision of information to applicants.
The social services district shall:
(1) provide applicants, recipients and others
					 who may inquire with clear and detailed information concerning social services
					 programs, eligibility requirements, documentation requirements, and the right
					 to a fair hearing;
(2) inform each
					 applicant and recipient at the time of application or redetermination of his
					 initial and continuing responsibility:
(i) to
					 provide accurate, complete and current information on income and family
					 composition;
(ii) to provide
					 accurate information relating to service needs, as requested, and to notify the
					 district of any changes in such information;
(iii) to cooperate in the verification and
					 documentation of eligibility whenever required;
(3) inform each applicant or recipient that
					 he has the right to accept or reject services without consequence except as
					 specified in this Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 404 - Determination and Redetermination of Eligibility For Social Services › Section 404.2 - Responsibility for eligibility determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The social services district shall be
			 solely responsible for the determination of eligibility for services.
(b) If the acceptance of applications is
			 delegated to a provider under a contract executed in accordance with the
			 purchase of services requirements specified in section
			 405.2  of
			 this Title, responsibility for eligibility determinations shall remain with the
			 social services district; any requirements that a provider obtain and transmit
			 to the social services district data necessary to make a determination of
			 eligibility shall be specified in the purchase of services contract.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 404 - Determination and Redetermination of Eligibility For Social Services › Section 404.3 - Verification of eligibility determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The social services district shall
			 establish procedures to verify the accuracy of eligibility
			 determinations.
(b) The department
			 will, through audits and case review on a sampling basis, conduct additional
			 verification of social services district implementation and application of
			 eligibility criteria.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 404 - Determination and Redetermination of Eligibility For Social Services › Section 404.4 - Programmatic eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
A social service defined in the comprehensive annual
			   social services program plan and included for provision in the district
			   component shall be provided only when the following programmatic conditions are
			   met:
(a) Need for the service has been
			 established by the social services district.
(b) The applicant for such service is
			 included in a category of individuals specified in the comprehensive annual
			 social service program plan to be eligible.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 404 - Determination and Redetermination of Eligibility For Social Services › Section 404.5 - Financial eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Income maintenance status.
(1)
			 For purposes of financial eligibility for services, the following persons have
			 income maintenance status:
(i) Recipients of
			 ADC-an ADC recipient is any individual who is certified eligible for cash
			 assistance under the ADC program and receives such payments during the period
			 upon which eligibility for social services is based.
(ii) Individuals whose needs are taken into
			 account in computing the grant for eligible persons under the ADC program-these
			 include children and other relatives in the home not eligible for ADC in their
			 own right but whose presence is significant to ADC recipients as "essential
			 persons."
(iii) Recipients of SSI
			 benefits including recipients of State supplementary payments-an SSI recipient
			 is any individual who is certified eligible for cash assistance under the SSI
			 program and receives such payments including State supplementary payments
			 during the period upon which eligibility for social services is
			 based.
(iv) Recipients of foster
			 care or adoption assistance (FCAA)-an FCAA recipient is any child or minor
			 certified eligible for foster care maintenance or adoption assistance who
			 received such benefits during the period upon which eligibility for social
			 services was based.
(v) Recipients
			 of HR-an HR recipient is any individual who is certified eligible for cash
			 assistance under the HR program and who received such payments during the
			 period upon which eligibility for services is based.
(vi) Recipients of MA-an MA recipient is any
			 individual who is certified eligible to receive a medical payment during the
			 period upon which eligibility for services is based.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 404 - Determination and Redetermination of Eligibility For Social Services › Section 404.7 - Authorization for services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 authorization for services to be provided either by the social services
			 district directly or by purchase shall be required prior to the provision of
			 any service. An authorization for services is not required for information and
			 referral services, and other services where the eligibility determination is on
			 the basis of group eligibility only.
(b) The social services district shall use
			 form DSS-2562, Services Authorization/Reporting Record, as the basic
			 authorization for all services. In addition, form DSS-638, or a local
			 equivalent approved by the department, shall be completed for the purpose of
			 authorization for services provided by purchase.
(c) Social services districts which are in
			 the department's welfare management system shall use, for all services, form
			 DSS-2970, Authorization for Services.
(d) An Authorization for Services shall
			 require the following data as a minimum:
(1)
			 name of recipient;
(2)
			 identification of the basis for eligibility,
i.e.,
income
			 maintenance, income, or without regard to income status;
(3) identification of the service or services
			 to be provided;
(4) identification
			 of goal(s);
(5) period of
			 authorization for the services to be provided which may be up to 12 months
			 except as otherwise specified in sections
			 372.6,
			 415.4,
			 and
			 457.1  of this
			 Title;
(6) name and title of
			 authorizing person; and
(7) for
			 purchased services, the name of the provider shall be added.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 404 - Determination and Redetermination of Eligibility For Social Services › Section 404.8 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
			 definition of
family
must be used for all determinations and
			 redeterminations of eligibility for services, other than child care services,
			 under this Part:
(1)
Family
means one or more adults and children, if any, related by blood or law, and
			 residing in the same household. Where adults, other than spouses, reside
			 together, each shall be considered a separate family. Emancipated minors and
			 children living under the care of individuals not legally responsible for that
			 care shall be considered one-person families.
(2) In the above definition,
adult
shall mean any person 18 years of age or
			 older.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 405 - Purchase of Services by Social Services District › Section 405.2 - Authorization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With the
			 exception of child care services, the social services district shall use form
			 DSS-638, or an approved local equivalent, for authorizing the purchase of
			 services and shall comply with all applicable requirements of section
			 404.7 
			 of this Title.
(b) Child care
			 services shall be authorized on the DSS-2970, or the DSS-3209, according to
			 guidelines established by the Office of Children and Family Services, or an
			 approved local equivalent.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 405 - Purchase of Services by Social Services District › Section 405.3 - Contract requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 commissioner of the social services district shall be required to negotiate a
			 written purchase of services contract, as prescribed by this Part, with each
			 public agency, private agency or individual from whom social services are to be
			 purchased whenever State or Federal funds are to be utilized for payment
			 therefor except as outlined in subdivisions (b) and (c) of this section. A
			 provider may not subcontract performance under a purchase of service contract
			 unless expressly permitted by the contract. Any permitted subcontract shall
			 conform to all requirements of subdivision (g) of this section. The provider
			 shall be responsible for the performance of any subcontractor. These
			 requirements may be satisfied by a simple printed contract form so long as all
			 requirements set forth are contained therein.
(b) A written letter of intent may be used in
			 lieu of a formal written contract when services are purchased from an
			 individual provider who has no direct service employees or subcontractors, and
			 in those instances where the social services district places six or fewer
			 individuals in a foster family boarding home or where purchase of foster care
			 maintenance in a foster family boarding home is intermittent or occasional;
			 however, no purchase of foster care in a group home, group residence or
			 institution shall be made without a written purchase of services
			 contract.
(c) The requirements of
			 this section do not apply to the purchase of services wherein the recipient is
			 reimbursed by the social services district for payments made by the recipient
			 for services in accordance with section
			 405.1(a)(10)(ii) 
			 of this Part or for the purchase of child care services under the New York
			 State Child Care Block Grant in accordance with Part 415 of this
			 Title.
(d) Model formats for local
			 purchase of services contract developed by the department shall be used by the
			 social services district. They may be modified, as necessary, to cover
			 additional details or to reflect in greater detail the specifications and terms
			 under which payment will be made for services rendered. They shall be prepared
			 in accordance with instructions promulgated by the department.
(e)
Contract period.
(1) The social services district may enter a
			 multi-year purchase of services contract, provided that the contract is
			 reviewed on at least an annual basis for verification of conformance by the
			 contracting parties and is continued for subsequent periods only if the social
			 services district determines that the contract continues to be in the best
			 interest of the district.
(2) All
			 contracts shall be renegotiated as required to promote timely
			 renewal.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 405 - Purchase of Services by Social Services District › Section 405.4 - Procedures for implementation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 The social services district shall establish a procedure for the administration
			 of purchase of services contracts. As part of such procedure, the social
			 services district shall assign responsibility to one or more staff members for
			 maintenance and monitoring of purchase of services contracts.
(b) Maintenance and monitoring of contracts
			 includes the following as a minimum:
(1)
			 maintaining contract files and implementing a system for orderly renewal of
			 lapsing contracts or termination of contracts no longer required; and
(2) developing an effective system for
			 evaluation and review of contracts on at least an annual basis and the quality
			 of services being provided under contracts in force.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 405 - Purchase of Services by Social Services District › Section 405.5 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 406 - Recording and Reporting Requirements for Social Services Programs › Section 406.1 - Maintenance of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 social services district shall maintain all records necessary for proper and
			 efficient operation of the social services program. This includes records
			 regarding application, determination of eligibility, authorization and
			 provision of social services, administrative costs, and such statistical,
			 fiscal and other records as are necessary for reporting and
			 accountability.
(b) The social
			 services district shall retain such records for an appropriate period of
			 time.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 406 - Recording and Reporting Requirements for Social Services Programs › Section 406.2 - Social services recording

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Individual recipient basic data file.
(1) A basic data file shall be maintained by
			 the social services district on each individual services recipient; the file
			 may be either a manual or an automated one.
(2) The data file shall contain the following
			 information about the recipient:
(i)
			 identifying information;
(ii) basis
			 for eligibility;
(iii) services
			 provided;
(iv) goal toward which
			 each service is directed;
(v)
			 provider agency for each service;
(vi) such other data as the department may
			 from time to time require; and
(vii) documentation of having met the
			 criteria for eligibility.
(3) Such data file must be established by
			 providing the information as prescribed by the department for:
(i) a request or referral for
			 services;
(ii) authorization for
			 services; and
(iii) children in
			 foster care placement, the information as prescribed by the
			 department.
(4) At time
			 of recertification the basic data file for each services recipient shall be
			 updated to reflect changes in circumstances and services provided.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 406 - Recording and Reporting Requirements for Social Services Programs › Section 406.3 - Social services reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Random moment survey (RMS).
For the purpose of determining costs of providing social
			   services, social services districts designated by the department must
			   participate in a random moment survey which must be conducted in a manner
			   prescribed by the department.
(b)
Other reporting.
The social services district shall provide additional
			   data in such form and at such times as the department may from time to time
			   require and shall cooperate with the department in verifying the accuracy of
			   reports.