Section 350. Character and adequacy  


Latest version.
  • 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 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.