State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-10 > 350

§  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.    (d)  In  accordance with the regulations of the department approved by  the director of the budget, allowances granted under the  provisions  of  this  title  may include the costs of maintaining an eligible child in a  summer camp operated by a nonprofit organization, corporation or agency,  which has been issued an operating  permit  by  the  appropriate  health  official  in  whose  jurisdiction  such  camp  is  situated, when in the  judgment of the social services official it is advisable for the welfare  of such child to provide maintenance  in  such  summer  camp,  provided,  however,  that  such  maintenance  shall  not  be  provided  where funds  therefor were available or could have been obtained from  other  sources  in the absence of the authority granted in this paragraph.    (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 theavailability 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.

State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-10 > 350

§  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.    (d)  In  accordance with the regulations of the department approved by  the director of the budget, allowances granted under the  provisions  of  this  title  may include the costs of maintaining an eligible child in a  summer camp operated by a nonprofit organization, corporation or agency,  which has been issued an operating  permit  by  the  appropriate  health  official  in  whose  jurisdiction  such  camp  is  situated, when in the  judgment of the social services official it is advisable for the welfare  of such child to provide maintenance  in  such  summer  camp,  provided,  however,  that  such  maintenance  shall  not  be  provided  where funds  therefor were available or could have been obtained from  other  sources  in the absence of the authority granted in this paragraph.    (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 theavailability 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Sos > Article-5 > Title-10 > 350

§  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.    (d)  In  accordance with the regulations of the department approved by  the director of the budget, allowances granted under the  provisions  of  this  title  may include the costs of maintaining an eligible child in a  summer camp operated by a nonprofit organization, corporation or agency,  which has been issued an operating  permit  by  the  appropriate  health  official  in  whose  jurisdiction  such  camp  is  situated, when in the  judgment of the social services official it is advisable for the welfare  of such child to provide maintenance  in  such  summer  camp,  provided,  however,  that  such  maintenance  shall  not  be  provided  where funds  therefor were available or could have been obtained from  other  sources  in the absence of the authority granted in this paragraph.    (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 theavailability 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.