N.Y. Social Services Law § 458-c: Payments for non-recurring guardianship expenses

§ 458-c. Payments for non-recurring guardianship expenses. 1. A social

services official shall make payments for non-recurring guardianship

expenses incurred by or on behalf of the relatives or successor

guardians who have been approved by the social services official to

receive kinship guardianship assistance payments, when such expenses are

incurred in connection with assuming the guardianship of a foster child

or a former foster child in regard to successor guardians. The agreement

for the payment of non-recurring guardianship expenses must be reflected

in the written agreement set forth in subdivision four of section four

hundred fifty-eight-b of this title. In accordance with subdivision two

of this section, the payments shall be made by the social services

official either to the relative or successor guardian or guardians

directly or to an attorney on behalf of the relative or successor

guardian or guardians, as applicable, for the allowable amount of

non-recurring guardianship expenses incurred in connection with

obtaining such guardianship.

2. The amount of the payment made pursuant to this section shall not

exceed two thousand dollars for each foster child for whom the

relatives, or each former foster child for whom the successor guardians,

seek guardianship or permanent guardianship and shall be available only

for those expenses that are determined to be eligible for reimbursement

by the social services official in accordance with the regulations of

the office of children and family services.

3. Payments for non-recurring guardianship expenses made by a social

services official pursuant to this section shall be treated as

administrative expenditures under title IV-E of the federal social

security act and shall be reimbursed by the state accordingly.

4. As used in this section, non-recurring guardianship expenses shall

mean reasonable and necessary fees, court costs, attorney fees, and

other expenses which are directly related to obtaining legal

guardianship of an eligible child and which are not incurred in

violation of federal law or the laws of this state or any other state.