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 2 - Family and Children's Services › Part 436 - Kinship Guardianship Assistance Program › Section 436.5 - Payment of kinship guardianship assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Once the prospective relative guardian
			 with whom a social services official has entered into an agreement under
			 section
			 436.4 
			 of this Part has been issued letters of guardianship for the child by the court
			 and the child has been finally discharged from foster care to such relative, a
			 social services official must make monthly kinship guardianship assistance
			 payments for the care and maintenance of the child.
(2) In the event of death or incapacity of a
			 relative guardian, a social services official must make monthly kinship
			 guardianship assistance payments for the care and maintenance of a child to a
			 successor guardian that has been approved pursuant to this Part.
(3) Following the death or incapacity of the
			 relative guardian, a social services official must approve a prospective
			 successor guardian who is named in the agreement between the relative guardian
			 and a social services official for payments under this Part and who has been
			 awarded guardianship or permanent guardianship of the child by the court
			 unless, based on the results of the clearances required by section
			 436.3 
			 of this Part, the social services official has determined that approval of the
			 prospective successor guardian is not authorized or appropriate. Provided
			 however, that no approval can be issued pursuant to this paragraph unless the
			 prospective successor guardian has been awarded guardianship or permanent
			 guardianship of the child by the court and the clearances required by section
			 436. 3 of this Part have been conducted.
(4) Notwithstanding any other provision of
			 law to the contrary, if a prospective successor guardian assumes care of the
			 child prior to being approved pursuant to paragraph (3) of this subdivision,
			 payments under this Part must be made once a prospective guardian is approved
			 pursuant to such paragraph retroactively from:
(i) in the event of death of the relative
			 guardian, the date the successor guardian assumed care of the child or the date
			 of death of the relative guardian, whichever is later; or
(ii) in the event of incapacity of the
			 relative guardian, the date the successor guardian assumed care of the child or
			 the date of incapacity of the relative guardian, whichever is later.
(5) In the event that a successor
			 guardian assumed care and was awarded guardianship or permanent guardianship of
			 a child due to the incapacity of a relative guardian and the relative guardian
			 is subsequently awarded or resumes guardianship or permanent guardianship of
			 such child and assumes care of such child after the incapacity ends, a social
			 services official must make monthly kinship guardianship assistance payments
			 for the care and maintenance of the child to the relative guardian, in
			 accordance with the terms of the fully executed written agreement.