N.Y. Social Services Law § 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. 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.