N.Y. Social Services Law § 350-j: Emergency assistance to needy families with children

§ 350-j. Emergency assistance to needy families with children. 1.

Any inconsistent provisions of this chapter or of any other law

notwithstanding, so long as federal aid is available therefor, a social

services district shall provide emergency assistance as herein defined

to persons eligible, including migrant workers with families.

2. For purposes of this section, the term "emergency assistance" means

aid, care and services to meet the emergency needs of a child or the

household in which he or she is living, in the following circumstances:

(a) where the child is under twenty-one years of age; and

(b) the child is living with, or within the previous twelve months

has lived with, an adult related by blood, marriage or adoption; and

(c) in cases of applications for grants of cash assistance, such child

or such household is not categorically eligible for or receiving family

assistance; and

(d) such emergency needs resulted from a catastrophic occurrence or

from a situation which threatens family stability and which has caused

the destitution of the child and/or household; and

(e) such occurrence or situation could not have been foreseen by the

applicant, was not under his or her control and, in the case of a person

receiving public assistance, did not result from the loss, theft or

mismanagement of a regular public assistance grant; and

(f) the emergency grant being applied for will not replace or

duplicate a public assistance grant already made under section one

hundred thirty-one-a of this chapter.

3. Emergency assistance to needy families with children shall be

provided to the extent of items of need and services set forth in

sections one hundred thirty-one and one hundred thirty-one-a of this

chapter, and items of medical services set forth in section three

hundred sixty-five-a of this chapter, and in amounts set forth in the

regulations of the department for children who are without available

resources, and when such assistance is necessary to avoid destitution or

to provide them with living arrangements in a home, and such destitution

or such need did not arise because such children or relatives refused

without good cause to accept employment or training for employment;

provided, however, that no assistance shall be provided which would

duplicate assistance under sections one hundred thirty-one and one

hundred thirty-one-a of this article for which a person is eligible or

would be eligible but for a sanction for violation of the requirements

of title nine-B of article five of this chapter or other requirement of

state law and provided further that, notwithstanding any inconsistent

provision of this section or section one hundred thirty-one-a of this

article, persons for whom preventive services are being provided under

title four of article six of this chapter or who are living in foster

care or in public, congregate or group facilities, such as residential

facilities for victims of domestic violence, may, pursuant to

regulations of the department within amounts specifically appropriated

therefor and subject to the terms and conditions of such appropriation,

receive assistance hereunder on their behalf for such services or for

care in such facilities in amounts exceeding those set forth in section

one hundred thirty-one-a of this article.

5. In scheduling investigations concerning applications for emergency

assistance pursuant to this section, local social services districts

shall give priority to such applications.