N.Y. Social Services Law § 350: Character and adequacy

§ 350. Character and adequacy. 1. (a) Allowances shall be adequate to

enable the father, mother or other relative to bring up the child

properly, having regard for the physical, mental and moral well-being of

such child, in accordance with the provisions of section one hundred

thirty-one-a of this chapter and other applicable provisions of law.

Allowances shall provide for the support, maintenance and needs of one

or both parents if in need, and in the home and for the support,

maintenance and needs of the other relative if he or she is without

sufficient means of support, provided such parent, parents and relative

are not receiving federal supplemental security income payments and/or

additional state payments for which they are eligible. The social

services official may, in his discretion, make the incapacitated parent

the grantee of the allowance and when allowances are granted for the aid

of a child or children due to the unemployment of a parent, such

official may make the unemployed parent the grantee of the allowance.

(b) When permitted in accordance with regulations of the department,

provision may be made under this title for any item of maintenance of

eligible individuals who are receiving medical assistance for needy

persons in a hospital, nursing home, infirmary or other eligible medical

institutions. However, aid under this title shall not include provisions

for care or services in any hospital, nursing home, infirmary or other

eligible medical institutions when such care and services may be

provided as medical assistance for needy persons pursuant to title

eleven of article five.

(e) Any inconsistent provisions of this title notwithstanding, so long

as federal law and regulations require, family planning services and

supplies shall be offered and promptly furnished to eligible persons of

childbearing age, including children who can be considered sexually

active, who desire such services and supplies, in accordance with the

regulations of the department. In order to maximize federal financial

participation, the department may require that such services shall be

furnished under title eleven of article five. No person shall be

compelled or coerced to accept such services or supplies.

(f) When, in the judgment of the social services official, care cannot

be provided in the mother's own home, care may be provided in a licensed

maternity home, a family home or boarding home for a child or his mother

in need of public assistance and care during pregnancy and during and

after delivery and for eligible persons assistance may be provided in a

family home or boarding home, provided that no assistance will be

provided under this title when such assistance can be provided under

title eleven. Payments to such homes and institutions for care and

maintenance provided by them shall be at rates established pursuant to

law, and regulations of the department. The department, however, shall

not establish rates of payment to homes and institutions without

approval of the director of the budget.

(g) The social services official of a social services district shall

advise persons who are eligible for aid under this title of the

availability for their benefit of child health screening services and of

care and treatment of disabilities and conditions discovered by such

screening under the provisions of title eleven of article five of this

chapter; and upon request such official shall promptly furnish such

services or care and treatment under the provisions of such title.

2. Assistance funded in whole or in part under the temporary

assistance to needy families block grant program temporary assistance to

needy families (a) shall not be granted to any family which includes an

adult who has received any form of assistance funded in whole or in part

under the temporary assistance to needy families block grant program

under title IV-A of the federal social security act in this state or in

any other state for a cumulative period of longer than sixty months,

provided that, (i) in determining the number of months for which an

individual who is a parent or pregnant has received assistance, there

shall not be included any period in which the individual was a minor

child who was not the head of household or married to the head of

household, and (ii) the social services district shall, in accordance

with regulations of the department, subject to any federal limitations,

exempt a family from the application of this subdivision on the basis of

hardship when the adult family member is unable to work because of an

independently verified physical or mental impairment including those

resulting from domestic violence, or when the adult family member is in

receipt of supplemental security income payments under title XVI of the

federal social security act or additional state payments under title six

of this article, and (iii) provided that periods in which an adult

receives cash assistance in the safety net assistance program shall be

included in the cumulative period referred to in this paragraph

regardless of whether such assistance was funded in whole or in part by

the temporary assistance to needy families block grant program;

(b) may be increased, decreased or revoked at any time; and

(c) except in the case of a child reaching the age of eighteen years,

may be continued for a period of not more than one month after a child

becomes ineligible to be granted allowance under this title.

4. Adequate supervision of all families receiving such aid shall be

provided and supervisory visits shall be made to each family as

frequently as the regulations of the department and the circumstances of

the case may require.

5. The social services official of the social services district shall

in cooperation with other public officers, private relief societies and

individuals seek to secure for persons to whom allowances are granted as

provided in this title or who apply for such allowances additional

assistance whenever the social services official is unable adequately to

provide for their needs and the needs of their families. It shall be the

duty of such official and the family court to cooperate with each other

in the effective enforcement of the obligation of the parents of

children for whose benefit such allowances are granted to support such

children to the extent of the parents' ability to do so.