NY-SOS Social Services Law NY

Short title. This chapter shall be known as the social services

law.

Definitions. When used in this chapter unless otherwise expressly

stated or unless the context or subject matter requires a different

interpretation.

1. Department means the state department of social services, provided

however that for purposes of titles eleven, eleven-A and eleven-B of

article five of this chapter, department means the state department of

health, except that in subdivisions two and three of section three

hundred sixty-four-i, clause (d) of subparagraph three of paragraph (b)

of subdivision two of section three hundred sixty-six, paragraph (b) of

subdivision four of section three hundred sixty-six, subdivisions one

through five of section three hundred sixty-six-a, subdivision seven of

section three hundred sixty-six-a, and section three hundred

sixty-eight-c of this chapter and where the context thereof clearly

requires otherwise, department means the state department of social

services.

2. Board means the state board of social welfare as continued by the

executive law.

6. Commissioner means the state commissioner of social services,

provided however that for purposes of titles eleven, eleven-A and

eleven-B of article five of this chapter, commissioner means the state

commissioner of health, except that in clause (c) of subparagraph three

of paragraph (b) of subdivision two of section three hundred sixty-six

of this chapter and where the context thereof clearly requires

otherwise, commissioner means the state commissioner of social services.

7. Social services district means a city or county social services

district as constituted by section sixty-one.

8. County commissioner of social services shall mean the county

officer, board or commission, by whatever title known, having authority

to give the public assistance and care for the administration of which a

county social services district is responsible.

9. City commissioner of social services shall mean the city officer,

board or commission, by whatever title known, having authority to give

the public assistance and care for the administration of which a city

social services district is responsible.

10. Commissioner of social services shall mean a city or county

commissioner of social services.

14. Social services official shall mean a county commissioner of

social services, a city commissioner of social services, a town social

services officer or city social services officer to whom the power or

duty referred to is assigned under the provisions of this chapter. In

any law where reference is made by any title to an official charged with

the duty of caring for the poor in a town, city or county, it shall be

understood as referring to the one of the above mentioned social

services officials on whom the power or duty referred to is conferred

under the provisions of this chapter.

15. Public home means an adult care facility or a residential health

care facility operated by a social services district. In any law where

reference is made by any name to an almshouse maintained at public

expense, it shall be construed as referring to a public home.

16. Legislative body means the board or boards empowered to make

appropriations for public assistance and care in a county, town or city.

17. Social services department means the division or officer of city

government or the office or official or board charged with the authority

to administer public assistance or care in the county social services

district.

18. Public assistance and care includes family assistance, safety net

assistance, veteran assistance, medical assistance for needy persons,

institutional care for adults and child care granted at public expense

pursuant to this chapter.

19. Public assistance refers to family assistance, safety net

assistance and veteran assistance.

* 21. Adult care facility shall mean a family type home for adults, a

shelter for adults, a residence for adults, an enriched housing program

or an adult home, which provides temporary or long-term residential care

and services to adults who, though not requiring continual medical or

nursing care as provided by facilities licensed pursuant to article

twenty-eight of the public health law or articles nineteen,

twenty-three, thirty-one and thirty-two of the mental hygiene law, are

by reason of physical or other limitations associated with age, physical

or mental disabilities or other factors, unable or substantially unable

to live independently. In addition, a residence for adults, enriched

housing program or an adult home may provide services to non-residents

in accordance with the provisions of section four hundred sixty-one-k of

this chapter.

* NB Effective until July 1, 2029

* 21. Adult care facility shall mean a family type home for adults, a

shelter for adults, a residence for adults, an enriched housing program

or an adult home, which provides temporary or long-term residential care

and services to adults who, though not requiring continual medical or

nursing care as provided by facilities licensed pursuant to article

twenty-eight of the public health law or articles nineteen, twenty-three

and thirty-one of the mental hygiene law, are by reason of physical or

other limitations associated with age, physical or mental disabilities

or other factors, unable or substantially unable to live independently.

* NB Effective July 1, 2029

22. A family type home for adults shall mean an adult care facility

established and operated for the purpose of providing long-term

residential care and personal care and/or supervision to four or fewer

adult persons unrelated to the operator.

23. A shelter for adults shall mean an adult care facility established

and operated for the purpose of providing temporary residential care,

room, board, supervision, information and referral, and where required

by the department or otherwise deemed necessary by the operator, social

rehabilitation services, for adults in need of temporary accommodations,

supervision and services. Such definition shall not include facilities

providing such temporary residential services to fewer than twenty

persons, unless such facility is operated by a social services district.

24. A residence for adults shall mean an adult care facility

established and operated for the purposes of providing long-term

residential care, room, board, housekeeping and supervision to five or

more adults, unrelated to the operator. The provisions of this

subdivision shall not apply to any housing projects established pursuant

to the private housing finance law, the public housing law, the

membership corporations law or the not-for-profit corporation law except

for those distinct programs operated by such projects which provide

supervision and/or personal care and which are approved or certified by

the department.

25. An adult home shall mean an adult care facility established and

operated for the purpose of providing long-term residential care, room,

board, housekeeping, personal care, (either directly or indirectly), and

supervision to five or more adults unrelated to the operator. The

provisions of this subdivision shall not apply to any housing projects

established pursuant to the private housing finance law, the public

housing law, the membership corporations law or the not-for-profit

corporation law except for those distinct programs operated by such

projects which provide supervision and/or personal care and which are

approved or certified by the department.

26. A private proprietary residence for adults shall mean a residence

for adults, as defined by subdivision twenty-four of this section, which

is operated for compensation and profit.

27. A private proprietary adult home shall mean an adult home, as

defined by subdivision twenty-five of this section, which is operated

for compensation and profit.

28. An enriched housing program shall mean an adult care facility

established and operated for the purpose of providing long-term

residential care to five or more adults, primarily persons sixty-five

years of age or older, in community-integrated settings resembling

independent housing units. Such program shall provide or arrange the

provision of room, and provide board, housekeeping, personal care and

supervision.

29. For purposes of title two, and, where applicable, title one of

article seven of this chapter, an operator shall include any natural

person or entity which provides or purports to provide residential care

and services in an adult care facility.

30. An intermediate care facility shall mean a facility or part

thereof approved by the state department of health to provide therein

health-related care and services to persons who because of their

physical or mental condition, or both, require institutional care and

services, in addition to board and lodging, but who do not have such an

illness, disease, injury, or other condition as to require the

institutional care and services provided only by a hospital or nursing

home, providing such facility meets standards of safety and sanitation

in accordance with state and federal requirements in addition to those

applicable to nursing homes under state law.

31. The term "infant" or "minor" shall mean a person who has not

attained the age of eighteen years except with respect to article six of

this chapter.

32. "Residential treatment facility for children and youth" shall have

the meaning defined in section 1.03 of the mental hygiene law.

33. "Residential care center for adults" shall have the meaning

defined in section 1.03 of the mental hygiene law.

35. Indian tribe shall mean those tribes designated as Indian tribes

by the bureau of Indian affairs of the federal department of the

interior or by the state of New York.

36. Indian child shall mean any unmarried person who:

(a) is under the age of eighteen; or

(b) is under the age of twenty-one, entered foster care prior to

his/her eighteenth birthday and remains in care, and who:

(i) is a member of an Indian tribe, or

(ii) is eligible for membership in an Indian tribe, or

(iii) is the biological child of a member of an Indian tribe and is

residing on or is domiciled within an Indian reservation.

* 37. "Comprehensive psychiatric emergency program" shall have the

meaning defined in section 1.03 of the mental hygiene law.

* NB Repealed July 1, 2027

38. When used in this chapter, the following terms shall have the

following meanings, unless otherwise expressly stated or unless the

context or subject matter requires a different interpretation:

(a) "Medicaid" or "medical assistance" means title eleven of article

five of this chapter and the program thereunder.

(b) "Family health plus" means title eleven-D of article five of this

chapter and the program thereunder.

(c) "Child health plus" means title one-A of article twenty-five of

the public health law and the program thereunder.

(d) "Medicaid managed care" means Medicaid provided under section

three hundred sixty-four-j of this chapter.

(e) "Medicaid fee-for-service" means Medicaid provided other than

under Medicaid managed care.

39. "Mental illness" shall have the same meaning as defined in section

1.03 of the mental hygiene law.

40. "Developmental disability" shall have the same meaning as defined

in section 1.03 of the mental hygiene law.

Department of social welfare. The state department of social

welfare, provided for in the constitution, is hereby continued.

Commissioner of social services. The chief executive and

administrative officer of the department shall be the commissioner of

social services, who shall be appointed by the governor with the advice

and consent of the senate.

Deputy commissioners. The Commissioner shall appoint and

remove at pleasure a first deputy commissioner, and such other deputy

commissioners as he shall deem necessary for the proper organization and

general classification of the work of the department, each of whom shall

be in the exempt class of the civil service.

Organization of the department. The commissioner shall

determine the structure of departmental organization.

Employees; compensation. In addition to his deputies, the

commissioner may appoint and remove from time to time, in accordance

with law and any applicable rules of the state civil service commission,

such employees as he may deem necessary for the efficient administration

of the department. The compensation of employees appointed by the

commissioner pursuant to this section shall be determined by him in

accordance with law.

Offices of the Department. The department shall be provided

with suitably furnished rooms for its offices. The principal office of

the department shall be in the county of Albany.

Powers and duties of the commissioner. The commissioner shall

(a) determine the policies and principles upon which public

assistance, services and care shall be provided within the state both by

the state itself and by the local governmental units within the limits

hereinafter prescribed in this chapter;

(b) make known his policies and principles to local social services

officials and to public and private institutions and welfare agencies

subject to his regulatory and advisory powers;

(c) in consultation with the civil service commission, establish

minimum qualifications for positions in local social services

departments and classify such positions according to differing

capabilities, skills, responsibilities and education suitable to the

various phases of welfare administration, not inconsistent with the

standards and guidelines of a duly authorized federal agency, having due

regard for recruitment of personnel and the requirements and varying

types of communities within the state. Notwithstanding any inconsistent

provision of law, rule or regulation, when (i) a position is vacant and

not filled for a continuous period of three months, and (ii) provided

that no person meeting all the prescribed minimum qualifications is

available therefore, the local social services commissioner may, if in

accordance with federal standards, waive those qualifications which he

deems least essential for such position and make a provisional

appointment of a person otherwise qualified therefor;

(d) submit an annual report to the governor and the legislature prior

to the fifteenth day of December of each year. Such annual report shall

include the following: the affairs of the department and the status of

welfare programs in the state with recommendations for the improvement

and development of welfare programs; a report on the department's fair

hearing system, as required by section twenty-two of this article; a

written evaluation report on the delivery of child welfare services in

the state, as required by subdivision five of section four hundred seven

of this chapter; a report of the operations of the state central

register of child abuse and maltreatment and the various local child

protective services, as required by section four hundred twenty-six of

this chapter; a report on the number and status and the findings of

investigations of deaths of children pursuant to subdivision five of

section twenty of this chapter; a report on the progress of the

development and operation of the child care review system, as required

by subdivision nine of section four hundred forty-two of this chapter;

commencing before December fifteenth, nineteen hundred eighty-four and

terminating on December fifteenth, nineteen hundred eighty-nine, a

progress report on the planning and implementation of the teenage

services act as required by the provisions of section four hundred

nine-m of title four-B of this chapter; an analysis of the information

contained in the registry of community facilities, as required by

paragraph (b) of subdivision two of section four hundred sixty-three-a

of this chapter; and a report on the operation of the child support

enforcement program, as required by chapter six hundred eighty-five of

the laws of nineteen hundred seventy-five;

* (d-1) in consultation with the commissioner of the division of

criminal justice, submit a report to the governor, the speaker of the

assembly, the temporary president of the senate and the chairs of the

assembly and senate standing committee on social services, on the

services provided to human trafficking survivors for the purpose of

assessing the availability, utilization and necessity for such services.

The initial report shall be provided one year after the effective date

of this subdivision and annually thereafter and shall include, but not

be limited to, the following:

(i) the number of human trafficking referrals made to the office of

temporary and disability assistance including the number of confirmed

cases;

(ii) the number of human trafficking survivors that received housing

and/or services, with specific information about the type of housing or

service;

(iii) the number of human trafficking survivors that did not receive

housing and/or services, and an indication as to what type of housing

and/or service was requested and whether such housing and/or services

were denied due to a lack of availability or because the case was not

confirmed; and

(iv) information pertaining to the types of services provided by

providers such as: (1) the number of current contracts to provide

housing and services for human trafficking survivors and their annual

funding levels, broken down by contract; (2) the number of contracts

and/or services that have ended, been terminated or not renewed and the

reason why; (3) the types of housing and/or services that are provided,

as well as the availability of such services, including the geographic

location of such housing or service; and (4) any other information the

office of temporary and disability assistance deems appropriate.

* NB There are 2 sb (d-1)'s

* (d-1)(1) in consultation with each local health department and each

social services district in the county in which a publicly funded

shelter is located, the commissioner of the department of health, the

commissioner of the office of children and family services, the

commissioner of the New York city department of homeless services, and

the commissioner of the New York city department of health and mental

hygiene, conduct a review of information, to the extent such information

is known and available after making all diligent efforts, regarding the

homeless population in publicly funded shelters, during a state disaster

emergency, declared pursuant to executive order two hundred two of two

thousand twenty or any extension or subsequent executive order issued in

response to the novel coronavirus (COVID-19) pandemic, including but not

limited to, the following information:

(i) the number of confirmed infected individuals;

(ii) the number of hospitalizations;

(iii) the number of deaths;

(iv) information regarding the individual, if known: (a) age; (b)

race; (c) family composition; (d) shelter status; (e) type of shelter

including: family shelter, a shelter for adults, a hotel, an emergency

apartment, a domestic violence shelter, a runaway and homeless youth

shelter, or a safe house for refugees; (f) any known risk factors; and

(g) any other information the office deems appropriate;

(v) with regard to individuals residing in a residential program for

victims of domestic violence or for runaway and homeless youth,

information regarding the average number of individuals reported with a

confirmed infection, the number and percentage of programs struggling

with an outbreak, and the number and percentage of residents impacted in

those programs compared to the program's maximum capacity.

(2) in consultation with the commissioner of health, utilizing the

information reviewed pursuant to paragraph (1) of this subdivision and

to the extent that confidentiality requirements set forth in law and

regulation are maintained publish a report containing such information

aggregated by county. When confidentiality requirements set forth in law

and regulation prevent the publication of information aggregated by

county, the report shall contain such information aggregated for

multiple counties and organized by geographic region. Notwithstanding

any other provision of this paragraph, for residential programs for

victims of domestic violence and runaway and homeless youth, reported

information shall be aggregated on a statewide basis.

(3) post the report on the office of temporary and disability

assistance's website within sixty days of the effective date of this

paragraph and update the report at least every three months thereafter

during the state disaster emergency declared pursuant to executive order

two hundred two of two thousand twenty or any extension or subsequent

executive order issued in response to the novel coronavirus (COVID-19)

pandemic.

* NB There are 2 sb (d-1)'s

(e) work cooperatively with the commissioner of the office of mental

health and the commissioner of the office for people with developmental

disabilities to assist the commissioner of education in furnishing

integrated employment services to individuals with severe disabilities,

including the development of an integrated employment implementation

plan pursuant to article twenty-one of the education law;

(f) in conjunction with the commissioner of education, develop and

annually review a plan to ensure coordination and access to education

for homeless children, in accordance with the provisions of section

thirty-two hundred nine of the education law, and monitor compliance of

local social services districts with such plan;

(g) require participation of all employees of a child protective

service in a training course which has been developed by the office for

the prevention of domestic violence in conjunction with the office of

children and family services whose purpose is to develop an

understanding of the dynamics of domestic violence and its connection to

child abuse and neglect. Such course shall:

(i) pay special attention to the need to screen for domestic violence;

(ii) place emphasis on the psychological harm experienced by children

whose environment is impacted by familial violence and accordingly

explore avenues to keep such children with the non-abusive parent rather

than placing them in foster care further traumatizing both the victim

and the children;

(iii) provide instruction regarding the scope of legal remedies for

the abused parent;

(iv) identify obstacles that prevent individuals from leaving their

batterers and examine safety options and services available for the

victim;

(v) provide information pertaining to the unique barriers facing

certain immigrant women and the options available under the federal

Violence Against Women Act;

(vi) analyze procedures available to sanction and educate the abusing

partner; and

(vii) emphasize the need for the system to hold the abusing partner

responsible by appropriate referrals to law enforcement.

(h) make available on its website all award allocations for request

for proposals issued by the office of children and family services upon

release of such awards. Such information shall also include all

organizations requesting funding and the amounts requested for each

request for proposal. The office of children and family services may

also include any other information related to each program that it deems

appropriate;

(i) make available to the council on children and families information

regarding: (1) all recipients of grants awarded or administered by the

office of children and family services for the purposes of providing

afterschool programs; (2) registered school age child care providers

registered by the office of children and family services; and (3) home

visiting programs that meet the criteria as required by section four

hundred twenty-nine of this chapter regardless of whether they have a

contract with or receive funding from the state. Such information shall

be provided in accordance with the requirements set forth in subdivision

two of section four hundred eighty-three-h of this chapter. Such

information shall be made available no less than once a year; and

* (i) exercise such other powers and perform such other duties as may

be imposed by law.

* NB Effective March 31, 2028

* (j) have the authority appoint a temporary operator in accordance

with this subdivision:

(1) For the purposes of this subdivision:

(i) "Building" shall mean an entire building or a unit within that

provides emergency shelter to homeless persons.

(ii) "Commissioner" shall mean the commissioner of the office or his

or her designee.

(iii) "Data" shall mean written documentation or knowledge obtained in

the course of an inspection, audits, or other methods authorized by law.

(iv) "Emergency shelter" means any building with overnight sleeping

accommodations, the primary purpose of which is to provide temporary

shelter for the homeless in general or for specific populations of the

homeless, including residential programs for victims of domestic

violence and runaway and homeless youth programs certified by the office

of children and family services.

(v) "Established operator" shall mean a provider of emergency shelter.

(vi) "Serious financial, health or safety deficiency" shall include,

but not be limited to, missed mortgage payments, missed rent payments, a

pattern of untimely payment of debts, failure to pay its employees or

vendors, insufficient funds to meet the general operating expenses of

the program, or a violation of law, regulation, or code with respect to

a building that provides emergency shelter to homeless persons, in which

there are conditions that are dangerous, hazardous, imminently

detrimental to life or health, or otherwise render the building not fit

for human habitation.

(vii) "Temporary operator" shall mean any provider of emergency

shelter that:

(A) agrees to provide emergency shelter pursuant to this chapter on a

temporary basis in the best interests of its homeless individuals and

families served by the building;

(B) has a history of compliance with applicable laws, rules, and

regulations and a record of providing emergency shelter of good quality,

as determined by the commissioner; and

(C) prior to appointment as temporary operator, develops a plan

determined to be satisfactory by the commissioner to address the

building's deficiencies.

(2) (i) A temporary operator may only be appointed after the emergency

shelter has been provided notice of alleged violations and the ability

to cure such violations. The local social services district shall also

be notified of the alleged violations prior to the appointment of a

temporary operator. If the emergency shelter fails to cure such

violations in a timely manner, a temporary operator may be appointed

where: (A) data demonstrates that the building is exhibiting a serious

financial, health, or safety deficiency; (B) data demonstrates that the

established operator is unable or unwilling to ensure the proper

operation of the building; or (C) data indicates there exist conditions

that seriously endanger or jeopardize emergency shelter residents. If

the commissioner determines to appoint a temporary operator, the

commissioner shall notify the established operator and the local social

services district of his or her intention to appoint a temporary

operator to assume sole responsibility for the provider of the emergency

shelter's operations for a limited period of time. The appointment of a

temporary operator shall be effectuated pursuant to this section, and

shall be in addition to any other remedies provided by law.

(ii) The established operator may at any time request the commissioner

to appoint a temporary operator. Upon receiving such a request, the

commissioner may, if he or she determines that such an action is

necessary, enter into an agreement with the established operator for the

appointment of a temporary operator to restore or maintain the provision

of quality emergency shelter to the emergency shelter residents until

the established operator can resume operations within the designated

time period or other action is taken to suspend, revoke, or limit the

authority of the established operator.

(3) (i) A temporary operator appointed pursuant to this section shall

use his or her best efforts to implement the plan deemed satisfactory by

the commissioner to correct or eliminate any deficiencies in the

building and to promote the quality and accessibility of the emergency

shelter in the community served by the provider of emergency shelter.

(ii) During the term of appointment, the temporary operator shall have

the authority to direct the staff of the established operator as

necessary to appropriately provide emergency shelter for homeless

individuals and families. The temporary operator shall, during this

period, provide emergency shelter in such a manner as to promote safety

and the quality and accessibility of emergency shelter in the community

served by the established operator until either the established operator

can resume operations or until the office revokes the authority of the

emergency shelter to operate under this chapter.

(iii) The established operator shall grant access to the temporary

operator to the established operator's accounts and records in order to

address any serious financial, health or safety deficiency. The

temporary operator shall approve any decision related to an established

provider's day to day operations or the established provider's ability

to provide emergency shelter.

(iv) The temporary operator shall not be required to file any bond. No

security interest in any real or personal property comprising the

established operator or contained within the established operator or in

any fixture of the building, shall be impaired or diminished in priority

by the temporary operator. Neither the temporary operator nor the office

shall engage in any activity that constitutes a confiscation of

property.

(4) Costs associated with the temporary operator, including

compensation, shall follow the financing structure established in

accordance with section one hundred fifty-three of this chapter, as

modified by the current aid to localities provisions for the office of

temporary and disability assistance within the department of family

assistance. The temporary operator shall be liable only in its capacity

as temporary operator for injury to person and property by reason of its

operation of such building; no liability shall incur in the temporary

operator's personal capacity, except for gross negligence and

intentional acts.

(5) (i) The initial term of the appointment of the temporary operator

shall not exceed ninety days. After ninety days, if the commissioner

determines that termination of the temporary operator would cause

significant deterioration of the quality of, or access to, emergency

shelter in the community or that reappointment is necessary to correct

the deficiencies that required the appointment of the temporary

operator, the commissioner may authorize an additional ninety-day term.

However, such authorization shall include the commissioner's

requirements for conclusion of the temporary operatorship to be

satisfied within the additional term.

(ii) Within fourteen days prior to the termination of each term of the

appointment of the temporary operator, the temporary operator shall

submit to the commissioner, to the local social services district, and

to the established operator a report describing:

(A) the actions taken during the appointment to address the identified

building deficiencies, the resumption of building operations by the

established operator, or the revocation of authority to operate an

emergency shelter;

(B) objectives for the continuation of the temporary operatorship if

necessary and a schedule for satisfaction of such objectives; and

(C) if applicable, the recommended actions for the ongoing provision

of emergency shelter subsequent to the temporary operatorship.

(iii) The term of the initial appointment and of any subsequent

reappointment may be terminated prior to the expiration of the

designated term, if the established operator and the commissioner agree

on a plan of correction and the implementation of such plan.

(6) (i) The commissioner shall, upon making a determination of an

intention to appoint a temporary operator pursuant to subparagraph (i)

of paragraph two of this subdivision, cause the established operator and

the local social services district to be notified of the intention by

registered or certified mail addressed to the principal office of the

established operator and the local social services district. Such

notification shall include a detailed description of the findings

underlying the intention to appoint a temporary operator, and the date

and time of a required meeting with the commissioner within ten business

days of the receipt of such notice. At such meeting, the established

operator, and the commissioner shall have the opportunity to review and

discuss all relevant findings. At such meeting, the commissioner and the

established operator shall attempt to develop a mutually satisfactory

plan of correction and schedule for implementation. If a mutually

satisfactory plan of correction and schedule for implementation is

developed, the commissioner shall notify the established operator that

the commissioner will abstain from appointing a temporary operator

contingent upon the established operator remediating the identified

deficiencies within the agreed upon timeframe.

(ii) The commissioner shall, upon making a determination of an

intention to appoint a temporary operator pursuant to subparagraph (i)

of paragraph two of this subdivision, cause the temporary president of

the senate, and the speaker of the assembly to receive appropriate and

timely notification of the intention to appoint a temporary operator.

Such notification shall include a description of the findings underlying

the intention to appoint a temporary operator, the identification of the

new operator when practicable, and the date of expected transfer of

operations. Such notice shall be made as soon as practicable under the

circumstances.

(iii) The commissioner, at any time he or she deems necessary and to

the extent practicable, shall consult and may involve the local social

services district.

(iv) Should the commissioner and the established operator be unable to

establish a plan of correction pursuant to subparagraph (i) of this

paragraph, or should the established operator fail to respond to the

commissioner's initial notification, there shall be an administrative

hearing on the commissioner's determination to appoint a temporary

operator to begin no later than thirty days from the date of the notice

to the established operator. Any such hearing shall be strictly limited

to the issue of whether the determination of the commissioner to appoint

a temporary operator is supported by substantial evidence. A copy of the

decision shall be sent to the established operator and the local social

services district.

(v) If the decision to appoint a temporary operator is upheld such

temporary operator shall be appointed as soon as is practicable and

shall provide emergency shelter pursuant to the provisions of this

section.

(7) Notwithstanding the appointment of a temporary operator, the

established operator shall remain obligated for the continued provision

of emergency shelter. No provision contained in this section shall be

deemed to relieve the established operator or any other person of any

civil or criminal liability incurred, or any duty imposed by law, by

reason of acts or omissions of the established operator or any other

person prior to the appointment of any temporary operator of the

building hereunder; nor shall anything contained in this section be

construed to suspend during the term of the appointment of the temporary

operator of the building any obligation of the established operator or

any other person for the maintenance and repair of the building,

provision of utility services, payment of taxes or other operating and

maintenance expenses of the building, nor of the established operator or

any other person for the payment of mortgages or liens.

* NB Repealed March 31, 2028

* (k) exercise such other powers and perform such other duties as may

be imposed by law.

* NB Repealed March 31, 2028

Powers and duties of the department.

2. The department shall, as provided in this chapter:

(a) administer all the forms of public welfare work for which the

state is responsible;

(b) supervise all social services work, as the same may be

administered by any local unit of government and the social services

officials thereof within the state, advise them in the performance of

their official duties and regulate the financial assistance granted by

the state in connection with said work;

(c) distribute, reimburse and grant as herein provided the funds

appropriated by the legislature for such participation and also such

funds as may be received from the federal government for such purpose or

purposes.

3. The department is authorized:

(a) to supervise local social services departments and in exercising

such supervision the department shall approve or disapprove rules,

regulations and procedures made by local social services officials

within thirty days after filing of same with the commissioner; such

rules, regulations and procedures shall become operative immediately

upon approval or on the thirtieth day after such submission to the

commissioner unless the commissioner shall specifically disapprove said

rule, regulation or procedure as being inconsistent with law or

regulations of the department;

(b) in accordance with the provisions of this chapter to make

reimbursements of local welfare costs on a participating basis

established by law, to advance grants of money for local welfare

purposes and to administer a discretionary fund for such purposes within

the limit of available appropriations;

(c) to pay such per centum as the legislature shall determine, of the

salaries of local administrative personnel as it shall determine to be

qualified to perform the duties assigned;

(d) to establish rules, regulations and policies to carry out its

powers and duties under this chapter;

(e) to withhold or deny state reimbursement, in whole or in part, from

or to any social services district or any city or town thereof, in the

event of the failure of either of them to comply with law, rules or

regulations of the department relating to public assistance and care or

the administration thereof;

(f) to promulgate any regulations the commissioner determines are

necessary, in accordance with the provisions of section one hundred

eleven-b of this chapter, and to withhold or deny state reimbursement,

in whole or in part, from or to any social services district, in the

event of the failure of any such district to comply with such

regulations relating to such district's organization, administration,

management or program. Upon withholding or denying state reimbursement,

the commissioner shall notify the temporary president of the senate, the

speaker of the assembly and the chairmen of the senate finance committee

and assembly ways and means committee;

(g) to formulate plans for the recruitment, utilization and training

of volunteers to assist in performing services and other duties in

social services districts for the purpose of improving participation in

public welfare programs;

(h) for the purpose of the proper administration of programs of public

assistance and care, to enter into agreements not inconsistent with

federal law, with public agencies responsible for the administration of

public assistance and care in any geographically contiguous state, to

receive information from such public agencies which is substantially

similar to information obtained by the department from the wage

reporting system operated by the state department of taxation and

finance pursuant to section one hundred seventy-one-a of the tax law

and, subject to the approval of the state department of taxation and

finance, to provide such public agencies with information obtained from

such wage reporting system; provided, however, that no such agreement

shall be entered into with a public agency of any geographically

contiguous state unless such state has by law established standards of

confidentiality which are substantially similar to those contained in

this chapter prohibiting the disclosure of such information. Upon

receipt of wage information from such public agencies, the department

shall furnish such information to the local social services districts;

(i) to assure conformance with federal law, by entering into

agreements with the federal social security administration and public

agencies in other states responsible for administering the food stamp

program or programs under title I, II, IV-A, IV-D, X, XIV, XVI, or XIX

of the social security act under which the department will provide such

agencies, when required by federal law and only to the extent so

required, with data which may be of use in establishing or verifying

eligibility for or benefit amounts in such programs or ability to pay

support for a person receiving support collection services including

data obtained from the wage reporting system operated by the state

department of taxation and finance pursuant to section one hundred

seventy-one-a of the tax law.

(j) to ensure the provision, on any form required to be completed at

application or recertification for the purpose of obtaining financial

assistance pursuant to this chapter, the form shall contain a check-off

question asking whether the applicant or recipient or a member of his or

her family served in the United States military, and an option to answer

in the affirmative. Where the applicant or recipient answers in the

affirmative to such question, the office of temporary and disability

assistance shall ensure that contact information for the state

department of veterans' services is provided to such applicant or

recipient addition to any other materials provided.

4. The Department shall not withhold state reimbursement from or deny

state reimbursement to a social services district, until written notice

is given to the commissioner of the social services district affected,

except when the reason for the proposed withholding or denying is that

such commissioner does not meet the minimum qualifications required for

such position, to the body or officer that appointed or purported to

appoint such commissioner:

(a) entirely for any period; or

(b) in whole or in part, on ten per centum or more of all the cases in

receipt of public assistance in such district in any period; or

(c) in whole or in part, on ten per centum or more of the cases in

receipt of a specific category of assistance in such district in any

period; or

(d) for any period, in an amount equal to or greater than ten per

centum of the state reimbursement otherwise due the district for such

period.

5. (a) In the case of the death of a child whose care and custody or

custody and guardianship has been transferred to an authorized agency,

other than a vulnerable person as defined in article eleven of this

chapter, or the death of a child for whom any local department of social

services has an open child protective services or preventive services

case, or in the case of a report made to the statewide central register

of child abuse and maltreatment involving the death of a child, the

office of children and family services shall (i) investigate or provide

for an investigation of the cause of and circumstances surrounding such

death, (ii) review such investigation, and (iii) prepare and issue a

report on such death, except where a report is issued by an approved

local or regional fatality review team in accordance with section four

hundred twenty-two-b of this chapter.

(b) Such report shall include (i) the cause of death, whether from

natural or other causes, (ii) identification of child protective or

other services provided or actions taken regarding such child and his or

her family, (iii) any extraordinary or pertinent information concerning

the circumstances of the child's death, (iv) whether the child or the

child's family had received assistance, care or services from the social

services district prior to such child's death, (v) any action or further

investigation undertaken by the department or by the local social

services district since the death of the child, (vi) as appropriate,

recommendations for local or state administrative or policy changes, and

(vii) written comments as may be provided by any local social services

district referenced in such report, to the extent that such comments:

(A) protect the confidentiality and privacy of the deceased child, his

or her siblings, the parent or other person legally responsible for such

child, any other members of such child's household and the source of any

report of suspected child abuse or maltreatment, and (B) are relevant to

the fatality reported and pertain to any of the provisions of

subparagraph (i), (ii), (iii), (iv), (v) or (vi) of this paragraph,

provided that any comments that pertain to subparagraphs (i), (ii),

(iii), (iv) or (v) of this paragraph must be factually accurate.

Such report shall contain no information that would identify the name

of the deceased child, his or her siblings, the parent or other person

legally responsible for the child or any other members of the child's

household, but shall refer instead to the case, which may be denoted in

any fashion determined appropriate by the department or a local social

services district. In making a fatality report available to the public

pursuant to paragraph (c) of this subdivision, the department may

respond to a child specific request for such report if the commissioner

determines that such disclosure is not contrary to the best interests of

the deceased child's siblings or other children in the household,

pursuant to subdivision five of section four hundred twenty-two-a of

this chapter. Except as it may apply directly to the cause of the death

of the child, nothing herein shall be deemed to authorize the release or

disclosure to the public of the substance or content of any

psychological, psychiatric, therapeutic, clinical or medical reports,

evaluations or like materials or information pertaining to such child or

the child's family.

(c) Twenty days prior to the release of the report the department

shall forward the proposed report to each local social services district

referenced in the report. Within ten days thereafter, each local social

services district may provide written comments in accordance with

subparagraph (vii) of paragraph (b) of this subdivision to the

department in the form and manner required by the department to be

included by the department within the report. No later than six months

from the date of the death of such child, the department shall forward

its report to the social services district, chief county executive

officer, chairperson of the local legislative body of the county where

the child's death occurred and the social services district which had

care and custody or custody and guardianship of the child, if different.

The department shall notify the temporary president of the senate and

the speaker of the assembly as to the issuance of such reports and, in

addition to the requirements of section seventeen of this chapter, shall

submit an annual cumulative report to the governor and the legislature

incorporating the data in the above reports and including appropriate

findings and recommendations. Such reports concerning the death of a

child and such cumulative reports shall immediately thereafter be made

available to the public after such forwarding or submittal.

(d) To enable the office of children and family services or a local or

regional fatality review team to prepare such report, the office of

children and family services or a local or regional fatality review team

may request and shall timely receive from departments, boards, bureaus

or other agencies of the state, or any of its political subdivisions, or

any duly authorized agency, or any other agency which provided

assistance, care or services to the deceased child such information as

they are authorized to provide.

6. The department is directed to seek appropriate approvals from

federal officials to permit commissioners of jurors and clerks of the

court or jury administrators of any United States district court in New

York state appointed pursuant to title twenty-eight of the United States

Code, section 1836(b)(2) in each social services district to obtain the

names and addresses of persons applying for or receiving aid to

dependent children, medicaid, or home relief authorized by this chapter

for purposes of identifying prospective jurors. Upon receiving such

approval or upon determining that no approval is necessary,

notwithstanding sections one hundred thirty-six and three hundred

sixty-nine of this chapter, the department shall provide lists of such

persons to the chief administrator of the courts, appointed pursuant to

section two hundred ten of the judiciary law, or the chief judge of any

United States district court in New York State appointed pursuant to

title twenty-eight of the United States Code. The lists shall be

provided for the sole purpose of integration into lists of prospective

jurors as provided by section five hundred six of the judiciary law or

title twenty-eight of the United States Code. The chief administrator of

the courts shall upon request provide information from the lists to the

commissioner of jurors in each county or, in a county within a city

having a population of one million or more, the county clerk of said

county, solely for the purpose of compiling lists of prospective jurors

for the appropriate county. The chief judge of such United States

district court shall make lists available to such clerk of the court or

jury administrator of a United States district court solely for the

purpose of compiling lists of prospective jurors for the United States

district court. The lists shall be provided only pursuant to a

cooperative agreement between the chief administrator of the courts or,

in the case of a United States district court, the chief judge of such

United States district court and the commissioner that guarantees that

all necessary steps shall be taken by the chief administrator of the

courts, the chief judge of such United States district court, the

commissioners of jurors and the county clerks or the clerk of the court

or jury administrator or court clerk of the United States district court

to ensure that the lists are kept confidential and that there is no

unauthorized use or disclosure of such lists. Furthermore, the lists

will be provided only if the chief administrator of the courts or the

chief judge of the United States district court determines that the

lists are needed for integration into lists of prospective jurors in one

or more counties or the district of such United States district court.

Commissioners of jurors and county clerks, and clerks of the court or

jury administrators or clerk of any United States district court

receiving such lists shall not use any information derived from such

lists for any purpose other than for the selection of jurors and shall

take appropriate steps to see that the confidentiality of such

information is maintained.

7. To the extent appropriations are available, the office of children

and family services shall conduct a public education campaign that

emphasizes zero tolerance for child abuse and maltreatment. Such

campaign shall include information about the signs and symptoms of child

abuse and maltreatment, the hotline available to report child abuse and

maltreatment, and services that are available to assist families with

underlying issues that may lead to child abuse and maltreatment

including, but not limited to, substance abuse services, domestic

violence services, mental health services for adults and services to

assist families with children in need of mental health treatment. Such

campaign may include, but not be limited to, educational and

informational materials in print, audio, video, electronic and other

media and public service announcements and advertisements.

8. (a) The office of temporary and disability assistance shall

promulgate rules and regulations for the administration of this

subdivision. The rules and regulations shall provide for the conditions

under which local social services officials determine the placement of

applicants for and recipients of public assistance for whom a notice

pursuant to section two hundred three of the correction law, has been

received and who are:

(i) determined to be in immediate need of shelter; and

(ii) designated a level two or level three sex offender pursuant to

article six-C of the correction law.

(b) When making determinations in regard to the placement of such

individuals in shelter, local social services officials shall consider

the following factors:

(i) the location of other sex offenders required to register pursuant

to the sex offender registration act, specifically whether there is a

concentration of registered sex offenders in a certain residential area

or municipality;

(ii) the number of registered sex offenders residing at a particular

property;

(iii) proximity of the entities with vulnerable populations;

(iv) accessibility to family members, friends or other supportive

services, including but not limited to locally available sex offender

treatment programs with preference for placement of such individuals

into programs that have demonstrated effectiveness in reducing sex

offender recidivism and increasing public safety; and

(v) investigation and approval of such placement by the department of

corrections and community supervision.

Local personnel; limitations on department's power.

Notwithstanding any inconsistent provision of this chapter, the board,

the commissioner or the department, acting singly or in unison, shall

not have the power, directly or indirectly to prescribe the number of

persons to be employed in any social services district providing the

district complies with the minimum federal standards relating thereto.

Plan for in-home care of senior citizens. On or before the

first day of April, nineteen hundred eighty-two the New York state

council for home care services, in consultation with the commissioner of

social services and the office for the aging, shall prepare a plan

designed to ease the burden of families providing care for elderly

parents in the home of the parents or the homes of their families.

Recommendations are to be made concerning, but not limited to, tax

exemptions and increased availability of supportive services.

Privatization. 1. (a) Except as otherwise specified in the

appropriation for system support and information services program in the

office of temporary disability assistance within the department of

family assistance, or as authorized by subdivision two-a of section

twenty-two of this article, the department shall not enter into any

contract with a private entity under which that entity would perform any

of the public assistance and care eligibility determination functions,

duties or obligations of the department as set forth in this chapter.

(b) Social services districts may enter into a contract or agreement

for the performance of functions, duties or obligations required to be

performed pursuant to this chapter, however, the collective bargaining

representative of employees who normally perform such functions or

provide such services for such social services district shall be

permitted the opportunity to competitively bid for any contract let

pursuant to this section with the overall cost and quality of the

proposal being major criteria in the selection.

2. No contract with a contractor for services pursuant to this section

shall be entered into by the office or district unless the office or

district contracting for such service has:

(a) Provided the certified collective bargaining organization

representing the permanent employees affected by the district's exercise

of its right to contract out with sixty days advance notice of its

intent to contract out for services pursuant to this section;

(b) Considered whether the proposed contract will result in actual

cost savings to the office; and

(c) Evaluated and made a favorable determination based upon a required

disclosure of information from the potential contractor regarding any

final actions relating to (a) the responsibility taken by any

contracting agency, law enforcement authority or the department of labor

against bidders, contractors or subcontractors and (b) debarments

pursuant to express statutory authorization.

3. A contract shall not be approved unless it contains a description

of the service quality expectations pursuant to the contract and a

description of the method by which the quality of services shall be

monitored and evaluated by the district based upon specific performance

measures contained in the contract. The proposed contract must include

specific provisions pertaining to the qualifications of the staff that

will perform the work under the contract. The proposed contract shall

contain specific information regarding the actual number of employees to

be retained, hours of work, wage rates and associated benefit levels,

titles, and job descriptions.

4. Existing rights. Nothing in this section shall be deemed to

diminish the rights, privileges, or remedies of any employee under any

other local law or under the applicable collective bargaining agreement.

5. The provisions of this section shall not impair, restrict or

otherwise modify applicable restrictions contained in federal law and

regulations promulgated thereto.

Training of direct care workers in adverse childhood

experiences. 1. As used in this section:

(a) "Direct-care employees" means the employees of domestic violence

shelters, safe dwellings, and domestic violence programs identified by

the certifying organization to receive training, which shall include,

but not be limited to, the directors and coordinators of such shelters,

dwellings, and programs, and any individual or employee performing or

required to perform similar responsibilities.

(b) "Certifying organization" means an organization designated by the

federal department of health and human services to coordinate statewide

improvements within local communities, social services systems, and

programming regarding the prevention and intervention of domestic

violence in New York state.

(c) "Adverse childhood experiences" or "ACEs" means stressful or

traumatic experiences experienced during childhood, which are strongly

related to the development and prevalence of a wide range of health

problems throughout a person's lifetime, including, but not limited to

physical or sexual abuse; domestic violence; parental mental illness;

substance abuse; and incarceration.

2. The office of temporary and disability assistance and the office of

children and family services shall, within amounts appropriated for such

purpose, contract exclusively with an entity, or with entities in

partnership, to develop a training program for direct-care employees to

identify individuals who have experienced ACEs, develop effective

strategies for assisting and interacting with such individuals, and

locate programs and services to which such individuals with ACEs may be

referred to help build the individual's resilience. Such entity, or

entities in partnership, shall be experienced in providing

trauma-informed, victim-centered training on domestic violence, child

abuse, and ACEs. Such entity, or entities in partnership, shall be

responsible for providing such training to direct-care employees.

3. All direct-care employees shall be required to participate in such

training program. Such training shall be provided at no cost to such

employees.

4. The office of temporary and disability assistance and the office of

children and family services shall, within amounts appropriated for such

purpose, contract with a certifying organization to provide a

certification of completion to each direct-care employee who satisfies

the requirements of such training program.

Welfare management system. 1. The department shall design and

implement a welfare management system which shall be capable of

receiving, maintaining and processing information relating to persons

who have applied for or been determined eligible for benefits under any

program for which the department has supervisory responsibilities under

this chapter, for the purpose of providing individual and aggregate data

to such districts to assist them in making eligibility determinations

and basic management decisions, to the department to assist it in

supervising the local administration of such programs, and to the

governor and the legislature as may be necessary to assist in making

major administrative and policy decisions affecting such programs. Such

system shall be designed so as to assist local districts and the state

in achieving the following goals:

a. reducing mismanagement in the administration of such program,

detecting fraudulent practices, and helping identify policies or

conditions that will reduce or deter fraud;

b. promoting efficiency in local district determinations of

eligibility for public assistance and care and other programs supervised

by the department, to expedite such determinations and to reduce

unauthorized or excessive payments;

c. achieving compliance with federal laws and regulations and

maximizing utilization of federal funds;

d. improving data collection and retention techniques and developing

uniform reporting forms and procedures;

e. initiating implementation of such a system for districts other than

the district comprising the city of New York, in a manner compatible

with expansion of such system to the district comprising the city of New

York;

f. being developed and implemented in each social services district,

to the extent possible consistent with statewide uniformity, in a manner

compatible with maximum utilization of existing data processing systems

and capabilities of such district and with minimum local participation

by such district in administrative expenditures directly attributable to

the design and implementation of such system; and

g. achieving such other goals consistent with this chapter and other

laws as are desirable for improving the administration of such programs.

2. The department shall promulgate regulations, specifying the types

of information to be collected and transmitted by each social services

district to the department, the methods for collection and transmittal

of such information, and the procedures for utilization by social

services districts of the data maintained by the welfare management

system. Any such regulations shall be published for comment at least

thirty days in advance of their promulgation and shall be filed with the

secretary of state at least sixty days in advance of the effective date

of any such requirement.

3. Information relating to persons applying for or receiving benefits

under programs pursuant to this chapter shall be considered confidential

and shall not be disclosed to persons or agencies other than those

considered entitled to such information in accordance with section one

hundred thirty-six of this chapter, when such disclosure is necessary

for the proper administration of such programs.

4. The commissioner of labor and his or her designees shall be

entitled to access to the welfare management system and the information

contained therein for the purpose of administration of the programs for

public assistance recipients set forth in title nine-B of article five

of this chapter. Use of the information relating to persons applying

for or receiving benefits under such programs by the department of labor

will be in accordance with the provisions of this chapter.

5. The commissioner of health and his or her designees shall be

entitled to access to the welfare management system and the information

contained therein for the purpose of administration of the program of

medical assistance for needy persons set forth in title eleven of

article five of this chapter. Use of the information relating to

persons applying for or receiving benefits under such program by the

department of health will be in accordance with the provisions of

section one hundred thirty-six of this chapter.

6. By no later than forty-five days following the end of each calendar

quarter after the second quarter of calendar year nineteen hundred

seventy-six, the department shall, until full implementation has been

achieved in all social services districts, report to the governor and

the legislature regarding the current status of the welfare management

system, summarizing the progress achieved during the previous quarter

and the anticipated major achievements of the succeeding two calendar

quarters. The report shall include the current and anticipated overall

expenditure and staffing levels for functions relating to the system,

and shall specify each district affected or anticipated to be affected

during the succeeding two calendar quarters and summarize the manner in

which each such district is, or is anticipated to be, affected.

7. (a) The full cost of expenditures by the state for the design,

development and implementation of the welfare management system shall be

borne by the state, utilizing any federal funds made available for such

purposes. Social services districts shall not be responsible for

participating in state expenditures for any of the following:

acquisition, installation, maintenance and operation of a state

computer; acquisition, installation and maintenance of the

telecommunications network and equipment; development and provision of

state mandated forms; modification of existing data processing

operations determined by the department to be necessary to assure

systems compatibility; and development and provision of training

materials and equipment, and costs of staff for training provided by the

state.

(b) Expenditures by a social services district for data entry

operators determined necessary by the department during the period of

conversion to full operation of the welfare management system for such

district shall be subject to reimbursement by the state in accordance

with section one hundred fifty-three of this chapter to the extent of

one hundred percentum of such expenditures after first deducting

therefrom any federal funds properly received or to be received on

account of such expenditures.

(c) Expenditures by a social services district other than those set

forth in this section shall be subject to state reimbursement as

administrative costs in accordance with section one hundred fifty-three

of this chapter to the extent of fifty percentum thereof, after first

deducting therefrom any federal funds properly received or to be

received on account of such expenditures.

(d) The department is hereby authorized to enter into written

agreements, subject to the approval of the director of the budget, with

not more than three social services districts by which such districts

agree to undertake additional administrative functions relating to

design, development and testing of the welfare management system,

subject to one hundred percent state reimbursement for administrative

costs attributable to such functions, after first deducting therefrom

any federal funds properly received or to be received on account of such

expenditures.

8. The department may enter into the case file of each applicant for

or recipient of benefits under the programs of food stamps, aid to

dependent children, home relief, veteran assistance, emergency

assistance to adults, or medical assistance for whom a case file has

been established on the welfare management system information it

receives from the appropriate governmental agency concerning a client

who has applied for or has been determined to be eligible for workers'

compensation benefits, unemployment insurance benefits, and benefits

being paid pursuant to titles two and sixteen of the federal social

security act (including supplemental state payments). The department may

rebudget any case for which it makes an entry where the information

received indicates that rebudgeting is appropriate. The department

shall immediately notify the appropriate social services district that

an applicant or recipient's case has been rebudgeted or of any other

direct entry of information into a case file. A social services

district shall not be held responsible for any costs incurred as a

result of data erroneously entered by the department into the welfare

management system.

Electronic benefit transfer system. Any electronic benefit

transfer system shall be implemented by the department on a statewide

basis and shall be administered pursuant to the provisions of this

section. For purposes of such electronic benefit transfer system, the

term "electronic benefit transfer" includes the use of a credit or debit

card service, automated teller machine, point-of-sale terminal, or

access to an online system for the withdrawal of funds or the processing

of a payment for merchandise or a service.

1. (a) Any contract entered into on behalf of local social services

districts for electronic benefit transfer services shall ensure that

there are a sufficient number of access points in each local social

services district to ensure an adequate distribution of such services.

Upon implementation of an electronic benefit transfer system in a local

social services district or in any political or other geographic

subdivision of such district, the department shall publish a list

identifying the number and location of access points within such

district or subdivision, and shall seek and accept public comment on the

adequacy of recipient access to electronic benefit transfer services

within such district or subdivision. The department shall seek to

maximize recipient access to electronic benefit transfer services by

working with the contractor to establish access points at a broad range

of businesses and community facilities including, but not limited to,

community centers, senior citizen centers, educational and job skills

training sites, and local housing authorities.

(b) Any electronic benefit transfer services for supplemental

nutrition assistance program (SNAP) benefits shall ensure that two

electronic benefit transfer credit or debit cards are issued for use by

any recipient household having more than one parent or guardian residing

in the household on a full-time basis, provided that at least two

parents or guardians residing in the household, or a combination

thereof, qualify for benefits pursuant to this chapter. No card shall be

issued to any person under the age of eighteen unless such person is a

parent or guardian of a minor child. The issuance of a second card shall

be consistent with federal requirements and is subject to the request

and approval by the head of household and shall not entitle the

recipients to any additional benefits. Benefit recipients shall not be

required to accept or utilize both cards. The department shall notify

existing and future benefit recipients of the availability of multiple

cards.

(c) Any interactive voice response system associated with an

electronic benefit transfer system which benefit recipients may call for

support or assistance shall include an option for benefit recipients to

cancel such benefit recipient's electronic benefit transfer card

permanently or lock or unlock such benefit recipient's electronic

benefit transfer card.

2. The department or the designated agent thereof shall utilize

appropriate materials and training to provide each recipient with

adequate instruction on the use of the electronic benefit transfer

system, which shall include, but not be limited to, the following:

(a) the types of transactions and services provided by means of an

electronic benefit transfer system, and any limitations thereon;

(b) the rights, responsibilities and liabilities applicable to

recipients that receive benefits by means of an electronic benefit

transfer system;

(c) the procedure for reporting the loss or theft of a system access

device, or any unauthorized transaction;

(d) the process for the replacement of a lost or stolen system access

device, and the procedure to access benefits, if needed, until such time

as such device can be replaced; and

(e) the procedure by which participants can access information about

their benefit account or accounts including, but not limited to, a

toll-free telephone number which would provide recipients with account

balances and transaction history.

Appeals and fair hearings; judicial review. 1. Any person

described in subdivision three of this section, or any individual

authorized to act on behalf of any such person, may appeal to the

department from decisions of social services officials or failures to

make decisions upon grounds specified in subdivision five of this

section. The department shall review the case and give such person an

opportunity for a fair hearing thereon. The department may also, on its

own motion, review any decision made or any case in which a decision has

not been made by a social services official within the time specified by

law or regulations of the department. The department may make such

additional investigation as it may deem necessary, and the commissioner

shall make such decision as is justified and is in conformity with the

provisions of this chapter, the regulations of the department, a

comprehensive annual services program plan then in effect pursuant to

title twenty of the federal social security act and any other applicable

provisions of law.

2. In connection with any appeal pursuant to this section, with or

without a fair hearing, the commissioner may designate and authorize one

or more appropriate members of his staff to consider and decide such

appeals. Any staff member so designated and authorized shall have

authority to decide such appeals on behalf of the commissioner with the

same force and effect as if the commissioner had made the decisions.

Fair hearings held in connection with such appeals shall be held on

behalf of the commissioner by members of his staff who are employed for

such purposes or who have been designated and authorized by him

therefor. The provisions of this subdivision shall apply to fair

hearings conducted pursuant to subdivision eight of section four hundred

twenty-two of this chapter, and to any hearing required pursuant to this

chapter concerning the denial, suspension or revocation of any permit,

certificate or license, and to any hearing held pursuant to section four

hundred fifty-five of this chapter.

* 2-a. With regard to fair hearings held in connection with appeals

for integrated fair hearing and appeals processes for individuals dually

eligible for medical assistance and benefits available under titles

XVIII and XIX of the federal social security act, the commissioner may

contract for the sole purpose of assisting staff of the office for such

purpose.

* NB Expires January 1, 2028

3. Persons entitled to appeal to the department pursuant to this

section shall include:

(a) Applicants for or recipients of aid to dependent children,

emergency assistance for families with dependent children, home relief,

veteran assistance, medical assistance for needy persons and any service

authorized or required to be made available in the geographic area in

which such person resides, pursuant to the provisions of this chapter;

(b) Applicants for or participants in the food stamp program, pursuant

to section ninety-five of this chapter and regulations of the

department;

(c) Applicants for or recipients of emergency assistance for aged,

blind and disabled persons, pursuant to title eight of article five of

this chapter, so long as such emergency assistance is available pursuant

to such law;

(d) Aggrieved persons described in section four hundred of this

chapter;

* (e) Aggrieved persons, agencies or social services districts

described in section three hundred seventy-two-e of this chapter;

* NB Effective until June 30, 2027

* (e) Aggrieved persons, agencies or social services districts

described in sections one hundred fifty-three-d, three hundred

seventy-two-e and three hundred ninety-eight-b of this chapter;

* NB Effective June 30, 2027

(f) Unless an agreement is in effect for federal administration of

additional state payments pursuant to section two hundred eleven of this

chapter, applicants for and recipients of additional state payments as

defined in subdivision two of section two hundred eight of this chapter;

and

(g) Other persons entitled to an opportunity for fair hearings

pursuant to regulations of the department.

4. (a) Except as provided in paragraph (c) of subdivision two of

section four hundred twenty-four-a of this chapter and in paragraph (b)

of this subdivision, any appeal pursuant to this section must be

requested within sixty days after the date of the action or failure to

act complained of.

(b) Unless a different period is mandated by federal law or

regulations, a person is allowed to request a fair hearing on any action

of a social services district relating to food stamp benefits or loss of

food stamp benefits which occurred in the ninety days preceding the

request for a hearing. For purposes of this paragraph, such action

includes a denial of a request for restoration of any benefits lost more

than ninety days but less than a year prior to the request. In addition,

at any time within the period for which a person is certified to receive

food stamp benefits, such person may request a fair hearing to dispute

the current level of benefits.

5. Grounds for such appeals shall be specified in regulations of the

department, but shall include at least the following:

(a) Denial of any application.

(b) Failure to act upon any application within thirty days after

filing, except applications for home relief, or failure to comply with

laws and regulations requiring that priority be given to certain

applications for assistance, or failure to act on any application for

home relief within forty-five days after filing.

(c) Inadequacy in amount or manner of payment of assistance.

(d) Discontinuance in whole or in part of assistance, or termination

of a service authorized or required to be made available pursuant to the

comprehensive annual services program plan then in effect.

(e) Failure to permit a parent or guardian to visit the child or

failure to provide supportive services, which shall include preventive

and other supportive services authorized to be provided pursuant to the

state consolidated services plan, to the child and to the parent or

guardian, pursuant to an instrument executed under section three hundred

eighty-four-a of this chapter.

(f) Failure to provide adoption services or assistance to a

prospective adoptive parent on behalf of a child freed for adoption as

defined in subdivision (b) of section one thousand eighty-seven of the

family court act pursuant to section three hundred seventy-two-b of this

chapter and the local social services district's consolidated services

plan.

6. In scheduling fair hearings on appeals concerning applications for

emergency assistance pursuant to section three hundred fifty-j or title

eight of article five of this chapter, the department shall give

priority to the hearing and determination of such appeals.

7. For the purposes of this section, except subdivision nine, social

services officials shall include the persons described in subdivision

fourteen of section two of this chapter and also the head of any bureau

of the department which exercises responsibility pursuant to this

chapter for determining eligibility for and furnishing public assistance

and care to persons in family care pursuant to section one hundred

thirty-eight-a of this chapter, or for determining eligibility for and

furnishing medical assistance pursuant to subdivision two, three or four

of section three hundred sixty-five of this chapter, or for determining

eligibility for and furnishing services pursuant to section two hundred

fifty-three of this chapter.

8. The department shall promulgate such regulations, not inconsistent

with federal or state law, as may be necessary to implement the

provisions of this section. Such regulations shall require that a copy

of all decisions made concerning appeals pursuant to this section shall

be sent to each party to such appeals and their representatives, if any.

9. (a) All decisions of the commissioner pursuant to this section

shall be binding upon the social services districts involved and shall

be complied with by the social services officials thereof.

(b) Any aggrieved party to an appeal, including a social services

official provided an application by any such social services official

has not been determined by any federal agency to be in violation of

federal law, may apply for review as provided in article seventy-eight

of the civil practice law and rules.

(c) The provisions of paragraph (a) shall be applicable to a social

services official after the decision of the commissioner becomes final

and binding unless a court stays such decision. No such stay shall be

issued by any court unless the social services official establishes that

irreputable harm will result if a stay is not granted, and the

probability that he will succeed on the merits. In an action or

proceeding to review a decision of the commissioner, the applicant or

recipient and his representative, if any, shall be served with copies of

all pleadings and shall be allowed to intervene in such action or

proceeding as a matter of right. Notwithstanding any provision of the

civil practice law and rules or any other law to the contrary, any

application by a social services official for a stay in a proceeding

commenced by such official pursuant to this section shall be determined

by the appropriate appellate division, and not by a justice of the

supreme court. Whenever the commissioner has sustained an appeal by a

recipient of public assistance or care with respect to benefits which

were continued pending the fair hearing decision, the appellate division

shall not stay the fair hearing decision prior to the initial

determination of the proceeding initiated pursuant to this section for

the review of such fair hearing decision.

(d) Every person entitled to a benefit pursuant to a decision of the

commissioner under this section, shall be advised to contact the

department in a manner specified by department regulations, in the event

that a local social services district does not comply with such

decision.

10. In connection with every determination of an appeal pursuant to

this section, the department shall inform every party thereto, and his

representative, if any, of the availability of judicial review and the

time limitation thereon.

11. The provisions of subdivisions three and four of section twenty of

this chapter shall be applicable to state reimbursement otherwise

payable to any social services district in the event of the failure of a

social services official to comply with a commissioner's determination

upon an appeal within the time required by regulations of the department

or such additional time as the commissioner may allow. In the event that

the court stays any such determination in a proceeding pursuant to

article seventy-eight of the civil practice law and rules, state

reimbursement shall not be withheld or denied pursuant to this

subdivision for non-compliance during such stay. Nothing in this

subdivision shall limit the power of a court in a proceeding pursuant to

article seventy-eight of the civil practice law and rules to order a

social services official to comply with a commissioner's determination

upon an appeal.

12. Every applicant or recipient of public assistance and care shall

be informed in writing, through the distribution of an informational

pamphlet, at the time of application and at the time of any action

affecting his receipt of assistance or care:

(a) of his right to an appeal or fair hearing;

(b) of the method by which he may obtain an appeal or fair hearing;

(c) of his right to representation by legal counsel, or by a relative,

friend, or other spokesmen, or that he may represent himself;

(d) of the availability of community legal services to assist him in

the appeal or fair hearings process;

(e) of the nature of the precedures to be followed throughout an

appeal or fair hearing;

(f) of the types of information he may wish to submit at an appeal or

fair hearing;

(g) of any additional information which would clarify the appeals and

fair hearings procedure for applicants and recipients of public

assistance and care, and would assist such persons in more adequate

preparation for such hearings.

13. Whenever under other provisions of this chapter an applicant or

recipient of public assistance or care may appeal to the department a

decision of a social services official, or the failure of such official

to act on his application within the required period, and may request a

fair hearing thereon, if such applicant or recipient requires legal

services in connection with such an appeal and fair hearing and such

services are not otherwise available to him, the social services

official shall, upon request, make provision for payment for such legal

services if required by federal law or regulations.

14. To provide an analysis of the outcome of the fair hearings process

within the office of temporary and disability assistance to identify

inadequacies and potential improvements in the functioning of the fair

hearings system, such office shall prepare for inclusion in the annual

report required by subdivision (d) of section seventeen of this article

to be filed with the governor and the legislature prior to the fifteenth

day of December of each year, a report containing with respect to income

maintenance programs, including the family assistance program, the

safety net assistance program, the medical assistance program and any

other program, the number of affirmations and reversals by local

districts and by program including a breakdown by local districts of the

number of fair hearings requested by program and the number of fair

hearings held by program, formal requests by local districts and

recipients for reconsideration or rehearing of appeals, and a summary of

court actions on hearing decisions.

Wage reporting system. 1. The department is authorized to

provide information obtained from the wage reporting system as operated

by the state department of taxation and finance:

(a) to social services districts:

(i) with respect to applicants for and recipients of public assistance

and care or other benefits pursuant to this chapter for which such

districts are responsible;

(ii) with respect to any person legally responsible for the support of

such applicants and recipients;

(iii) with respect to any person legally responsible for the support

of a recipient of services under section one hundred eleven-g of this

chapter or to any agent of any entity that is under contract with the

child support program pursuant to title six-A of article three of this

chapter; and

(iv) with respect to the parents, the stepparents, the child and the

siblings of the child who were living in the same household as a child

who is in the custody, care and custody or custody and guardianship of a

local social services district or of the office of children and family

services during the month that the court proceedings leading to the

child's removal from the household were initiated, or the written

instrument transferring care and custody of the child pursuant to the

provisions of section three hundred fifty-eight-a of this chapter or

section three hundred eighty-four-a of this chapter was signed, provided

however, that such social services district shall only use the

information obtained pursuant to this subdivision for the purpose of

determining the eligibility of such child for federal payments for

foster care and adoption assistance pursuant to the provisions of title

IV-E of the federal social security act,

(b) to a public agency responsible for the administration of public

assistance and care in any geographically contiguous state with which

the department has an agreement with respect to wage information

pursuant to paragraph (h) of subdivision three of section twenty of this

article,

* (c) to social services districts with respect to participants in

employment or training programs authorized pursuant to this chapter who

are current recipients of public assistance and care or who are former

recipients of public assistance and care, (except that with regard to

former recipients, information which relates to a particular former

recipient shall be provided with client identifying data deleted) for

the purpose of evaluating the effect of participation in such programs

on such current and former recipients, and

* NB There are 2 par (c)'s

* (c) to the federal parent locator service, maintained by the federal

department of health and human services, as required by section one

hundred twenty-four of the federal family support act of nineteen

hundred eighty-eight, for the purpose of enabling the department to

fulfill obligations and responsibilities otherwise incumbent upon the

state department of labor.

* NB There are 2 par (c)'s

(d) to the federal social security administration or public agency of

another state with which the department has an agreement with respect to

wage information pursuant to paragraph (i) of subdivision three of

section twenty of this article.

2. Notwithstanding any law to the contrary, the department, upon

request by the office of welfare inspector general, shall provide said

office with such information it receives from the wage reporting system

operated by the department of taxation and finance that the office of

welfare inspector general deems necessary to carry out its functions and

duties under article four of the executive law.

3. Information obtained by the office of temporary and disability

assistance from the wage reporting system operated by the state

department of taxation and finance shall be considered confidential and

shall not be disclosed to persons or agencies other than those

considered entitled to such information when such disclosure is

necessary for the proper administration of programs of public assistance

and care or for the proper administration of the child support program

pursuant to title six-A of article three of this chapter, or of

eligibility assessments of children for federal payments for foster care

and adoption assistance pursuant to the provisions of title IV-E of the

federal social security act. For the purpose of this subdivision, any

disclosure made pursuant to subdivision one of this section shall be

considered necessary for the proper administration of programs of public

assistance and care, or of eligibility assessments of children for

federal payments for foster care and adoption assistance pursuant to the

provisions of title IV-E of the federal social security act; and the

federal parent locator service shall be considered an agency entitled to

such information as is necessary for the proper administration of the

child support program pursuant to title six-A of article three of this

chapter.

Gifts and bequests. The department may receive and retain any

money or other personal property given or bequeathed to the department

or a division or bureau thereof and shall expend the same in accordance

with the general powers and duties of the department for the purposes

for which it is given or, if unaccompanied by conditions or limitations,

for such purposes as it may determine.

Federal agency. The department, with the approval of the

governor, may accept a designation from, and act as, the agent of the

federal security agency or other duly authorized federal agency in the

administration of relief and related activities, activities affecting

the welfare of individuals and communities, and the disbursement or

expenditure of federal funds or commodities in relation thereto within

the state of New York.

Continuation of salaries of local and state welfare employees

receiving training for the better performance of their duties. Subject

to the approval of the department, the board of supervisors of a county

and the appropriating body of a city or town may include in its

appropriations moneys for the continuation of the salaries of their

local welfare employees who are on leave receiving additional training

for the better performance of their duties, provided that no such

salaries shall be so continued to a greater extent than will reimburse

such employee for the loss of earnings while on such leave. Salaries of

the employees of the department may be continued in a similar fashion.

Fellowships and scholarships for local and state public welfare

employees. The department, under regulations which it shall prescribe,

and from moneys received or appropriated for such purpose, is authorized

to grant fellowships and scholarships to local and state public welfare

employees to enable them to receive additional training for the better

performance of their duties.

Reciprocal agreements. The department is authorized to enter

into reciprocal agreements with corresponding state agencies of other

states regarding interstate transportation of dependent and indigent

persons, and to arrange with the propert officials in this state for the

acceptance, transfer and support of persons receiving public assistance

and care in other states in accordance with the terms of such reciprocal

agreements, but this state shall not nor shall any county or other

political subdivision of this state be committed to the support of

persons who are not, in the opinion of the department, entitled to

public support by the laws of this state. No agreement made pursuant to

the provisions of this section shall become effective until the

attorney-general has approved its form and sufficiency and determined

its legal effect.

Contracts for supplies and commodities needed in the

administration of assistance. The department may

(a) make agreements for supplies and commodities needed in the

administration of assistance and care, under which local welfare units

may, subject to the approval of the department, purchase such supplies

and commodities; and

(b) in accordance with requisitions duly approved by the commissioner

of general services, purchase as the agent of local welfare units and on

their request, supplies or commodities needed in the administration of

assistance and care and make payments therefor after making proper

deductions from state reimbursements due the local units which avail

themselves of the provisions of this subdivision.

General powers and duties of the commissioner. 1. The

commissioner of social services shall be the chief administrative

officer of the department.

2. All the administrative and executive powers and duties of the

department shall be vested in the commissioner.

3. The commissioner shall

(a) continue to have, exercise, and perform the functions, powers and

duties conferred by law upon the commissioner of social services;

(b) execute and issue the determinations, decisions, orders, notices,

licenses and certificates of the department as may be required in the

exercise and performance of the functions, powers and duties conferred

upon or vested in the department;

(c) take cognizance of the interests of health and welfare of the

inhabitants of the state who lack or are threatened with the deprivation

of the necessaries of life and of all matters pertaining thereto;

(d) exercise general supervision over the work of all local welfare

authorities;

(e) enforce this chapter and the regulations of the department within

the state and in the local governmental units;

(f) establish regulations for administration of public assistance and

care within the state both by the state itself and by the local

governmental units, in accordance with law;

(g) provide technical assistance, advisory and consultative services

to business, industry and labor to encourage their sponsorship of day

care centers;

(h) in consultation with the department of education, the department

of health, the division for youth, the office for people with

developmental disabilities and the office of mental health, establish

guidelines for the acceptance by social services officials of notices

that children in foster care are at risk of educational placements, as

provided for in subparagraph four of paragraph b of subdivision one of

section forty-four hundred two of the education law. Such guidelines

shall be designed to assure that the social services district receiving

such a notice inquire into the educational needs of the child and the

circumstances of the foster care placement, and to assure that the

social services district responds as appropriate to any request by a

committee on special education to participate in the proceedings of the

committee;

(i) exercise such other powers and perform such other duties as may be

required by law.

4. Notwithstanding any inconsistent provision of the civil service

law, the commisioner may, if he finds that the chief executive officer

of any county or city social services department has failed properly to

perform his duties as required by law or rules and regulations of the

department, present charges and specifications thereof to the appointing

officer or authority of such county or city social services district.

Such appointing officer or authority shall, upon receipt of such charges

or specifications give notice thereof to the chief executive officer of

the social services department and shall make inquiry into the merits of

such specifications at a hearing thereon. The commissioner may present

his evidence at such hearing and recommend removal or other appropriate

sanctions. In the event the appointing authority finds the charges and

specifications made by the comissioner are substantiated, the appointing

officer or authority shall forthwith remove such chief executive officer

or apply other sanctions. Any deputy or other employee of any such

officer may also be removed or sanctioned upon the recommendation of the

commissioner, in the same manner. Such removal or other sanction may not

be appealed to a civil service commission, but may be subject to review

pursuant to article seventy-eight of the civil practice law and rules.

The provisions of this section shall not be deemed to preclude the

exercise of the power of removal or sanction by the officer or authority

having the power of appointment.

5. The commissioner or any official by him authorized so to do

(a) may conduct any inquiry pertinent or material to the discharge of

the duties imposed upon him by law;

(b) is empowered to subpoena witnesses, administer oaths, take

testimony and compel the production of such books, papers, records and

documents as may be relevant to any such investigation.

6. The commissioner may exercise such additional powers and duties as

may be required for the effective administration of the department and

of the state system of public aid and assistance.

Services planning requirements. 1. (a) Each social services

district shall prepare a multi-year consolidated services plan

encompassing adult services and family and children's services, which

shall include diversion services provided pursuant to section seven

hundred thirty-five of the family court act.

(b) Commencing with the years following preparation of the multi-year

consolidated services plan, each local district shall also be required

to prepare an annual implementation report.

2. (a) The commissioner shall have authority to promulgate regulations

specifying the contents of both the multi-year services plan and the

annual implementation reports, provided however that such regulations

shall not be inconsistent with the standards of review by the

commissioner of such plan and reports specified in subdivision four of

this section.

(b) The regulations promulgated pursuant to paragraph (a) of this

subdivision shall require the multi-year services plan and where

appropriate the annual implementation reports, to include a summary of

the understanding between the local social services district and the

district attorney's office, which outlines the cooperative procedures to

be followed by both parties in investigating incidents of child abuse

and maltreatment, consistent with their respective obligations for the

investigation or prosecution of such incidents, as otherwise required by

law.

3. (a) There shall be a public hearing on the multi-year services plan

or each annual implementation report. Commencing in nineteen hundred

eighty-two, such public hearing shall be held only after fifteen days

notice is provided in a newspaper of general circulation within the

county. Such notice shall specifically identify the times of the public

hearing in which the child protective services and other services

components of the multi-year services plan or annual implementation

reports are to be considered.

(b) Commencing in nineteen hundred eighty-two, after such hearing, the

multi-year services plan or the annual implementation reports shall be

submitted for approval to the chief executive officer of the county or

to the legislative body in those counties without a chief executive

officer. Full approval of the multi-year services plan or of the annual

implementation report by the chief executive officer or legislative body

shall be required before submission of such plan or report to the

commissioner.

(c) Commencing in nineteen hundred eighty-two, the multi-year services

plan or the annual implementation reports shall not be forwarded to the

commissioner until at least fifteen days have passed from the date of

the public hearing thereon.

4. (a) Except as provided in paragraph (b) of this subdivision, the

commissioner shall review both the multi-year services plan and the

annual implementation reports submitted by the social services district,

using standards consistent with the provisions of sections one hundred

thirty-one-1, four hundred nine-d and four hundred twenty-three of this

chapter, and shall notify such district, in writing, of approval of such

plan or reports in whole or in part; provided, however, that for any

portions not approved, the commissioner shall in writing to the district

specify the portions not approved, the reasons for such determination,

the actions required for resubmittal of such portions, and the time

period of resubmittal; and provided further, that disapproval of a

portion of such plan or report shall not render the entire plan or

report invalid. No portion of the multi-year services plan or of the

annual implementation reports shall be finally disapproved until the

district has had at least one opportunity for resubmittal. Upon

resubmittal, or if no resubmittal is made within the time specified, the

commissioner may grant further extensions to the district to allow it to

resubmit any unapproved portions, or may finally disapprove such

portions. Any social services district aggrieved by a final disapproval

of the commissioner under this section shall have the right to a fair

hearing in accordance with the appropriate provisions of this chapter.

An adverse fair hearing decision shall be reviewable pursuant to article

seventy-eight of the civil practice law and rules. State reimbursement

may be withheld for all or a portion of a local district's activities,

if the multi-year services plan, annual implementation report, or

portions of either are disapproved.

(b) The commissioner of the office of children and family services

shall review and approve or disapprove the diversion services portion of

the plan jointly with the director of the office of probation and

correctional alternatives or any other successor agency or entity. The

requirements for the portion of the plan and report regarding the

provision of diversion services shall be jointly established by the

commissioner of the office of children and family services and the

director of the office of probation and correctional alternatives or any

other successor agency or entity. The multi-year services plan and where

appropriate the annual implementation reports shall be based upon a

written understanding between the local social services district and the

probation department which outlines the cooperative procedures to be

followed by both parties regarding diversion services pursuant to

section seven hundred thirty-five of the family court act, consistent

with their respective obligations as otherwise required by law.

5. The commissioner shall promulgate regulations concerning the time

by which:

(a) each local social services district shall submit its multi-year

services plan and annual implementation report;

(b) the commissioner shall, in writing, notify a local district of

approval or disapproval of all or parts of such district's multi-year

services plan or annual implementation reports; and

(c) each local social services district shall submit a revised version

of its multi-year services plan or annual implementation report, or

parts thereof.

6. (a) Notwithstanding any other provision of law, the office of

children and family services shall plan for the statewide

implementation, by the thirty-first day of December, two thousand eight,

of the use by counties of a child and family services plan that combines

the multi-year consolidated services plan required by this section and

the comprehensive plan required by section four hundred twenty of the

executive law into a single plan.

(b) All counties shall implement a county child and family services

plan prior to or by the two thousand eight plan year in accordance with

a schedule developed by the office of children and family services and

shall continue to implement such a plan thereafter. With the approval of

such office, a county may implement such a plan before the date required

by such schedule.

(c) The office of children and family services may waive any

regulatory requirements relating to the content and timing of multi-year

consolidated services plans and annual implementation reports that may

impede the ability of a county to implement a county child and family

services plan.

(d) Nothing in this subdivision shall be deemed to affect county

planning requirements under the mental hygiene law.

7. (a) From monies appropriated to the office of children and family

services for the family and children's services foster care and adoption

program, the office shall give assistance to local social services

districts to enable them to collect statistics and to describe the steps

being taken regarding: the number of families needing preventive

services as provided for in title four of article six of this chapter

for which services are provided; the effectiveness of specific

preventive services in preventing unnecessary foster care placements and

reducing the length of stay in foster care; the efforts made to prevent

unnecessary placements; the use of the least restrictive settings and

the proximity of foster care placements to the child's home; the use of

kinship placements; the placement of siblings with one another at

initial placement or as soon thereafter as possible; the number of

transfers of children in foster care placements and the reasons for

those transfers; the number of families reunited in fulfillment of the

child's service goal plan and the length of placement prior to

reunification; the number of children prepared for independent living;

the number of children with adoption as a service plan goal; the number

of children freed for adoption and the length of time taken to secure

terminations of parental rights; the number of children placed in

pre-adoptive homes and the number of adoptions completed and the length

of time taken to complete them.

(b) Such data submitted to the office of children and family services

shall be aggregated and submitted with a narrative report on these

children's services, to the governor and the majority leader of the

senate and the speaker of the assembly on or before July first, two

thousand five and semiannually thereafter.

8. The commissioner of the office of children and family services

shall, in conjunction with the commissioner of education, develop model

practices and procedures for local social services districts and school

districts regarding the reporting and investigation of educational

neglect. Such model practices and procedures shall be available to

social services districts and school districts and shall be posted on

the office of children and family services website and the state

department of education website by September first, two thousand seven.

Each social services district shall, in conjunction with local school

districts within its district, submit written policies and procedures

regarding the reporting of educational neglect by each school district

within such social services district and the investigation of

educational neglect allegations by child protective services. Such

policies and procedures shall be submitted to the office of children and

family services for review by January first, two thousand eight and the

office shall approve or disapprove such local policies and procedures,

based upon the model practices and procedures established in conjunction

with the state department of education, within sixty days of submission.

9. (a) If a social services district proposes an amendment to the

child care portion of its child and family services plan that reduces

eligibility or increases the family share percentage for child care

services such district must: (i) no later than the first day the public

notice appears in a newspaper pursuant to subdivision three of this

section or the regulations of the office of children and family

services, as applicable, prominently post on the district's website a

notice of the proposed amendment describing the categories of families

whose cases will be impacted; and (ii) at the time the public notice is

submitted to the newspaper for publication in accordance with

subdivision three of this section or the regulations of the office of

children and family services, as applicable, provide a copy of such

notice to the office of children and family services.

(b) If a social services district implements its process for closing

child care cases, as set forth in its approved child and family services

plan, due to the district determining that it cannot maintain its

current caseload because all of the available funds are projected to be

needed for open cases, the district must: (i) no later than the day the

social services district begins to send individual notices to impacted

families in accordance with subdivision eight of section four hundred

ten-w of this chapter, prominently post a notice on their website that

states that such district is implementing the child care case closing

process set forth in its approved child and family services plan and

that describes the categories of families whose cases will be closed;

and (ii) immediately provide a copy of such notice to the office of

children and family services.

(c) The office of children and family services shall prominently post

notices received pursuant to paragraphs (a) or (b) of this subdivision

on its website.

Legal representation of individuals whose federal disability

benefits have been denied or may be discontinued. 1. The commissioner

shall establish criteria for selection of grant applications, review

applications awarded pursuant to the provisions of this section, and

exercise and perform such other functions as are related to the purposes

of this section.

2. The commissioner shall make grants, within the amounts appropriated

for that purpose, to not-for-profit legal services corporations and

not-for-profit agencies serving the disabled and local social services

districts, to provide for representation of persons whose federal

disability benefits including supplemental security income and social

security disability insurance have been denied or may be discontinued

for the purpose of representing these persons in appropriate

proceedings. When the commissioner has contracted with a local social

services district to provide such representation, the legislative body

of such district may authorize and make provision for the commissioner

of social services of the district to obtain necessary legal services on

a fee for services basis or other appropriate basis which the department

may approve. Such legal services may be provided by not-for-profit legal

services corporations, not-for-profit agencies serving the disabled or

private attorneys.

3. The commissioner shall submit a report to the chairman of the

senate finance committee and the chairman of the assembly ways and means

committee on or before the first day of October, nineteen hundred

ninety-eight and biannually thereafter. Such a report shall include but

not be limited to a review of the basis for selection of participating

entities; the administrative method used to carry out the program; the

number of cases appealed by district; the disposition of such appeals;

an identification of the savings and costs of the program to the state

and localities by district; an evaluation of the continuing need for

legal representation provided by the program and recommendations for

possible federal and state legislative and regulatory actions relating

thereto.

4. Responsibility for local financial participation shall be

determined by the commissioner based on either costs of and the number

of district residents served by each local entity or the alternative

cost allocation procedure deemed appropriate by the commissioner.

Studies. The department shall, in so far as available

appropriations will permit, study and collect information in relation to

(a) the number and conditions of persons who lack or are threatened

with the deprivation of the necessaries of life, or seek, or are

receiving public assistance or care and all matters pertaining thereto,

including the causes thereof and advise measures for their relief, and

also for the relief of those in receipt of aid from private charity;

(b) unemployment, poverty, economic distress and other problems of

social welfare generally as may be useful in the discharge of its duties

or contribute to the promotion of social and economic security;

(c) the number of recipients of aid in, and the receipts and

expenditures of, each public welfare district;

(d) dependency and local conditions relative thereto;

(e) such other matters in respect to public and private charities as

it may deem advisable;

and shall publish such information as it deems of public concern and

which may be of value in the performance of its duties.

Department research and demonstration projects. 1. The

department is authorized to sponsor, conduct and participate in research

and demonstration projects designed to ascertain and eliminate the

causes of dependency and to rehabilitate recipients of public assistance

and care or to demonstrate the utilization of research in the

administration of public assistance and care.

2. Except where a specific appropriation has been made therefor, no

such research or demonstration project requiring the expenditure of

state funds shall be instituted without prior approval of the director

of the budget.

3. The department may request the cooperation of any county or city

social services district in connection with any such research or

demonstration project sponsored or conducted by the department.

* 4. The commissioner shall seek any federal waiver or waivers from

the United States department of agriculture that may be necessary to

exclude income provided to an individual as part of their participation

in a pilot program authorized under section one hundred thirty-one-a of

this chapter for supplemental nutrition assistance program eligibility

determination purposes.

* NB Repealed March 23, 2029

Local flexibility incentive pilot program. 1. The

department, in cooperation with the department of labor, is authorized

to establish the local flexibility incentive pilot program to enable

social services districts or groups of social services districts, at

local option, to demonstrate innovations and efficiencies to aid public

assistance recipients in attaining self-sufficiency.

2. Upon application of a social services district, the department, in

cooperation with the department of labor, is authorized to approve

funding for pilot programs subject to the approval of the director of

the budget, separate from state aid that said social services district

or social services districts would otherwise be eligible to receive, and

to waive state regulations that would impede the successful completion

of a project, provided that the demonstration project is consistent with

applicable state and federal statutes and will not impair the general

health or welfare of the people receiving services under such project or

others receiving services in the applying social services district. The

department is authorized, in consultation with the department of labor

where appropriate to impose appropriate alternative standards in place

of any waived requirements.

3. Applications for pilot project approval shall include, but not be

limited to, the name of the applying social services district or group

of social services districts, the population, size of its

welfare-related programs including medical assistance, family

assistance, safety net assistance, emergency assistance to families or

its successor programs; size of the population to be subject to the

pilot project, the project proposed, with quantified cost savings and an

explanation of how such project, if approved, would result in cost

containment of the amounts described in the application or improvements

in the delivery of services and benefits; the start date and completion

date of the project; whether, if successful, the project would require

funding in future years; and identification, as necessary, of any rules,

regulations or statutory requirements that could impede the successful

completion of the project.

4. If a project is approved, then, notwithstanding any inconsistent

provision of law, the department shall provide funding of the project

within amounts available by appropriation therefor, provided that no

social services district or group of social services districts shall

receive more than twenty-five percent of the funds available in any

single year. No payment will be made until thirty days after the

agreement has been executed. An approved applicant that shall achieve

its cost-savings goal shall receive full reimbursement for the costs of

such project as such amount shall have been approved by the department

in cooperation with the department of labor. In no case shall the state

or any of its agencies require remission or repayment of funds saved by

any applicant. Reimbursement for successful applicants pursuant to the

provisions of this section shall not take place until the department

shall have been satisfied as to the savings levels actually achieved.

5. Each social services district or group of social services

districts implementing a pilot project under this section shall

establish an on-going program evaluation and assessment program

employing objective measurements and systematic analysis to determine

the manner and extent to which the project is achieving the intended

primary objective of the project. Each evaluation and assessment

program shall include an annual performance plan with goals which

establish target levels of performance expressed as tangible, measurable

objectives against which actual achievement can be compared, including a

goal expressed as a qualitative standard, value or rate. Each

participating social services district or group of social services

districts shall submit an annual program performance report for the

prior fiscal year to the department, the department of labor and to the

governor, the speaker of the assembly and the majority leader of the

senate documenting the performance achieved compared with the

performance goals established for the pilot project, improvements in the

quality of services provided and any cost savings; an explanation if a

performance goal was not met and an assessment of the effectiveness in

achieving performance goals.

6. Notwithstanding any provision of law to the contrary, state

reimbursement for expenditures made by a social services district for

administration of any project, including expenditures made in connection

with the development, if performed by a county employee or employees,

implementation and operation thereof, shall not be subject to any

limitations on administrative expenditures, ceilings or caps which

otherwise would apply to the reimbursement of such administrative

expenditures.

* § 36-c. Savings plan for the city of New York. 1. Notwithstanding

any other provision of law to the contrary, in any social services

district with a city having a population of five million or more, the

social services district shall conduct a demonstration project as set

forth in this section, and shall evaluate and report on such project

annually, pursuant to a plan approved by the office of temporary and

disability assistance and the division of budget. A comprehensive report

shall be provided to the governor, the temporary president of the senate

and the speaker of the assembly by December thirty-first, two thousand

twenty-one. Such report shall include but not be limited to information

regarding the program such as the number of participants for the

previous three years; the percentage of participation as measured by the

number of participants making contributions into such savings plan; the

average amount payable to a participant upon leaving the program; the

average length of time a participant remained in the program; the number

of situations in which the participant moved out of the program but

reengaged in the program within the previous twelve months; the number

of participants leaving the program voluntarily and the number of

participants removed due to failure to comply; and any other

demonstrated outcomes of such program.

2. Such social services district, in lieu of applying that portion of

a temporary housing assistance recipient's earned income that, but for

the provisions of this section, would be applied to reduce the need for

the shelter component of temporary housing assistance provided in a

temporary emergency shelter, shall direct such a recipient to

participate in a savings plan with such funds and, as long as such funds

are not withdrawn, they shall not be applied to reduce the need for the

shelter component of the temporary housing assistance granted for the

duration of his or her residence in temporary emergency shelter;

provided, however, that the provisions of this section shall only apply

to a person receiving temporary housing assistance in a shelter or other

facility overseen by the New York city department of homeless services

or the New York city department of housing preservation and development.

Failure by a recipient of temporary housing assistance to contribute to

such a savings plan shall result in the discontinuance of temporary

housing assistance. Provided however, such discontinuance shall be

immediately curable by compliance with this section.

3. In such social services district, any such funds collected from the

earned income of a recipient of temporary housing assistance while he or

she is residing in a temporary emergency shelter shall be deposited in a

savings plan approved by the office of temporary and disability

assistance and the division of budget; shall be payable to the recipient

for the recipient's use to facilitate his or her transition to, or

stabilize his or her residence in, permanent housing upon his or her

discharge from shelter or upon verification of such recipient's date of

discharge from shelter; and shall be considered exempt as income or a

resource until the twelfth month following the month in which the

recipient ceases receiving temporary housing assistance in temporary

emergency shelter. Funds collected in such savings plans shall be

pooled, tracked individually, and maintained in a savings or

money-market account at interest rates set by the institution with which

such funds are deposited. Any savings and interest accrued in such

account or accounts shall be distributed to a temporary housing

assistance recipient upon his or her discharge from temporary emergency

shelter or upon verification of such recipient's date of discharge from

shelter, in accordance with the provisions of this section.

4. Such social services district shall be deemed in compliance with

section one hundred thirty-one-a of this chapter for reimbursement of

expenditures made for temporary housing assistance, provided the

district is conducting the project fully in accordance with the

provisions of this section. Unearned income of a recipient of temporary

housing assistance in such social services district shall not be applied

to the savings plan, and shall not be required to be applied to that

portion of the shelter costs not paid for with public assistance.

Temporary housing assistance recipients shall not be required to

contribute to the cost of such shelter, as provided for in this section.

Such project shall not be implemented so as to compromise the federal

benefits of a recipient or any of his or her household members.

5. Upon the effective date of this subdivision, such social services

district shall suspend implementation of the demonstration program,

provided that (a) the recipient's need for the shelter component of

temporary housing assistance shall not be reduced by the portion of a

recipient's earned income that the recipient would have been required

under subdivision two of this section to deposit in a savings plan, and

(b) funds collected from recipients pursuant to this section prior to

the effective date of this subdivision shall continue to be treated and

made payable to recipients in accordance with the provisions of

subdivision three of this section.

* NB Repealed March 31, 2030

Reports of and to department. The department may collect and,

so far as it shall deem advantageous, embody in its annual reports

information relating to the best manner of dealing with those who

require assistance from public funds, or who receive aid from private

charity and represent its views as to the best methods of caring for

dependent children and such other matters as the commissioner may deem

advisable.

Commission for the blind. The New York state commission for the

blind shall continue to exercise and perform its duties, as prescribed

by law, and the regulations of the office of children and family

services subject to the supervision and control of the commissioner; and

such commission shall be a bureau of the office of children and family

services.

Indian affairs. 1. Powers and duties, if any, conferred or

imposed, in terms, by laws now in force, on the governor, commissioners

of the land office and the superintendent of purchase or fiscal

supervisor of state charities, so far only as they relate to affairs of

Indians, or on the commissioner of education, so far only as they relate

to affairs of Indians other than the education of children upon the

Indian reservations, except such powers and duties, if any, as may have

been conferred or imposed, in terms, on either of such officers, in

relation to such affairs, by laws enacted and in effect since July

first, nineteen hundred and twenty-four, shall continue to be exercised

and performed by the department, instead of by the officers named.

2. The office of children and family services may enter into an

agreement with an Indian tribe for the provision of foster care,

preventive and adoptive services to Indian children as defined in

subdivision thirty-six of section two of this chapter and for the

provision of adult and child protective services to Indians residing

upon the tribe's reservation in the state, after the Indian tribe has

submitted to the office of children and family services a plan that

satisfactorily demonstrates that such tribe is able to meet the

applicable standards for foster care services, preventive services,

adoptive services, and adult and child protective services set forth in

the applicable federal and state law and regulations. The office of

children and family services is authorized to reimburse such tribe for

the full cost of foster care, preventive services, adult and child

protective services, and adoptive services and care, after deducting any

federal funds properly received on account thereof.

3. Any Indian tribe designated as such by the Secretary of the

Interior which became subject to the jurisdiction of courts of the state

of New York pursuant to sections two hundred thirty-two and two hundred

thirty-three of title twenty-five of the United States code or any other

federal law, may reassume jurisdiction over those child custody

proceedings provided for in articles three, seven, ten, and ten-A of the

family court act and sections three hundred fifty-eight-a and three

hundred eighty-four-b of this chapter involving Indian children provided

that the Secretary of the Interior has granted approval pursuant to and

in accordance with the applicable sections of title twenty-five of the

United States code.

4. Any Indian tribe designated as such by the state of New York which

is subject to the jurisdiction of the courts of the state of New York,

may reassume jurisdiction over those child custody proceedings provided

for in articles three, seven, ten, and ten-A of the family court act,

and sections three hundred fifty-eight-a and three hundred eighty-four-b

of this chapter involving Indian children provided that the local

commissioner has granted approval in accordance with rules and

regulations established by the department.

5. (a) An Indian tribe approved to assume jurisdiction shall have

exclusive jurisdiction over any child custody proceeding involving an

Indian child who resides or is domiciled within the reservation of such

tribe, except where such jurisdiction is otherwise vested in the courts

of the state of New York by existing federal law. Where an Indian child

is a ward of a tribal court, the Indian tribe shall retain exclusive

jurisdiction, notwithstanding the residence or domicile of the child.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, nothing herein shall be construed to prevent the emergency

removal of an Indian child who is a resident of or is domiciled on a

reservation, but temporarily located off the reservation, from his

parents or Indian custodian or the emergency placement of such child in

a foster home or institution, under applicable state law in order to

prevent imminent physical damage or harm to the child. The state

authority, official or agency shall insure that the emergency removal or

placement terminates immediately when such removal or placement is no

longer necessary to prevent imminent physical damage or harm to the

child and shall expeditiously initiate a child custody proceeding

subject to the provisions of this section, transfer the child to the

jurisdiction of the appropriate Indian tribe, or restore the child to

the parent or Indian custodian as may be appropriate.

6. In any state court child custody proceeding involving the foster

care placement of, or termination of parental rights to an Indian child

not domiciled or residing within the reservation of the Indian child's

tribe, the court, in the absence of good cause to the contrary, shall

transfer such proceeding to the jurisdiction of the tribe, absent

objection by either parent, upon the petition of either parent or the

Indian custodian or the Indian child's tribe; provided, however, that

such transfer shall be subject to declination by the tribal court of

such tribe.

7. In any state court proceeding involving the foster care placement

of or the termination of parental rights to an Indian child, the Indian

custodian of the child and the Indian tribe shall have a right to

intervene at any point in the proceeding.

8. The department may enter into an agreement, contract or compact

with an Indian tribe or intertribal consortium for the provision of

welfare related services by social services districts or by any tribe or

tribes in connection with a tribal plan for direct tribal funding and

administration of federal temporary assistance to needy families block

grant monies.

Real property; purchase or acquisition. 1. The commissioner,

when an appropriation therefor has been made by the legislature, may

acquire any real property which he may deem necessary for any

departmental purpose by purchase or, in the manner provided in the

eminent domain procedure law. Title to any such real property shall be

taken in the name of and be vested in the people of the state of New

York; provided, however, that no real property shall be so acquired by

purchase unless the title thereto shall be approved by the attorney

general.

2. Whenever real property is to be acquired pursuant to the eminent

domain procedure law, the commissioner shall cause to be made by the

state department of transportation an accurate acquisition map as so

provided in such law.

3. On the approval of such map by the commissioner, the original

tracing of such map shall be filed in the main office of the department

pursuant to the eminent domain procedure law.

4. If the commissioner shall determine, prior to the filing of such

map in the office of the clerk or register of the county, that changes,

alterations or modifications of such map as filed in the office of the

department should be made, he or she shall, subject to the provisions of

article two of the eminent domain procedure law, if applicable, direct

the preparation by the department of transportation of an amended map.

On the approval of such amended map by the commissioner, it shall be

filed in the main office of the department and the amended map shall

thereupon in all respects and for all purposes supersede the map

previously filed.

5. If the commissioner shall determine, prior to the filing of a copy

of such acquisition map in the office of the county clerk or register as

provided in paragraph three of subdivision (A) of section four hundred

two of the eminent domain procedure law, that such map should be

withdrawn, he or she may file a certificate of withdrawal in the offices

of the department and of the department of law. Upon the filing of such

certificate of withdrawal, the map to which it refers shall be

cancelled, and all rights thereunder shall cease and determine.

6. The commissioner shall deliver to the attorney general a copy of

such acquisition map, whereupon it shall be the duty of the attorney

general to advise and certify to the commissioner the names of the

owners of the property, easements, interests or rights described in the

said acquisition map, including the owners of any right, title or

interest therein, pursuant to the requirements of section four hundred

three of the eminent domain procedure law.

7. If, at or after the vesting of title to such property in the

people of the state of New York as provided for in the eminent domain

procedure law, the commissioner shall deem it necessary to cause the

removal of an owner or occupancy from any real property so acquired, he

may cause such owner or occupant to be removed therefrom by proceeding

in accordance with section four hundred five of the eminent domain

procedure law. The proceeding shall be brought in the name of the

commissioner as agent of the state and the attorney general shall

represent the petitioner in the proceedings. No execution shall issue

for costs, if any, awarded against the state or the commissioner, but

they shall be part of the costs of the acquisition of the real property

and be paid in like manner. Proceedings may be brought separately

against one or more of the owners or occupants of any such property, or

one proceeding may be brought against all or several of the owners or

occupants of any or all such property within the territorial

jurisdiction of the same court, justice or judge; judgment shall be made

for immediate removal of persons defaulting in appearance or in

answering, or withdrawing their answers, if any, without awaiting the

trial or decision of issues raised by contestants, if any.

8. Upon making any agreement provided for in section three hundred

four of the eminent domain procedure law, the commissioner shall deliver

to the comptroller such agreement and a certificate stating the amount

due such owner or owners thereunder on account of such acquisition of

his or their property and the amounts so fixed shall be paid out of the

state treasury after audit by the comptroller from moneys appropriated

for the acquisition of such real property, but not until there shall

have been filed with the comptroller a certificate of the attorney

general showing the person or persons claiming the amount so agreed upon

to be legally entitled thereto.

9. Application for reimbursement of incidental expenses as provided

in section seven hundred two of the eminent domain procedure law shall

be made to the commissioner upon forms prescribed by him and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller together with a certificate

stating the amount due thereof, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from monies

appropriated for the acquisition of property under this section.

10. The commissioner, with the approval of the director of the

budget, shall establish and may from time to time amend rules and

regulations authorizing the payment of actual reasonable and necessary

moving expenses of occupants of property acquired pursuant to this

section; of actual direct losses of tangible personal property as a

result of moving or discontinuing a business or farm operation, but not

exceeding an amount equal to the reasonable expenses that would have

been required to relocate such property, as determined by the

commissioner; and actual reasonable expenses in searching for a

replacement business or farm; or in hardship cases for the advance

payment of such expenses and losses. For the purposes of making payment

of such expenses and losses only the term "business" means any lawful

activity conducted primarily for assisting in the purchase, sale,

resale, manufacture, processing or marketing of products, commodities,

personal property or services by the erection and maintenance of an

outdoor advertising display or displays, whether or not such display or

displays are located on the premises on which any of the above

activities are conducted. Such rules and regulations may further define

the terms used in this subdivision. In lieu of such actual reasonable

and necessary moving expenses, any such displaced owner or tenant of

residential property may elect to accept a moving expense allowance,

plus a dislocation allowance, determined in accordance with a schedule

prepared by the commissioner and made a part of such rules and

regulations. In lieu of such actual reasonable and necessary moving

expenses, any such displaced owner or tenant of commercial property who

relocates or discontinues his business or farm operation may elect to

accept a fixed relocation payment in an amount equal to the average

annual net earnings of the business or farm operation, except that such

payment shall be not less than two thousand five hundred dollars nor

more than ten thousand dollars. In the case of a business, no such

fixed relocation payment shall be made unless the commissioner finds and

determines that the business cannot be relocated without a substantial

loss of its existing patronage, and that the business is not part of a

commercial enterprise having at least one other establishment, which is

not being acquired by the state or the United States, which is engaged

in the same or similar business. In the case of a business which is to

be discontinued but for which the findings and determinations set forth

above cannot be made, the commissioner may prepare an estimate of what

the actual reasonable and necessary moving expenses, exclusive of any

storage charges, would be if the business were to be relocated and enter

into an agreed settlement with the owner of such business for an amount

not to exceed such estimate in lieu of such actual reasonable and

necessary moving expenses. Application for payment under this

subdivision shall be made to the commissioner upon forms prescribed by

him and shall be accompanied by such information and evidence as the

commissioner may require. Upon approval of such application, the

commissioner shall deliver a copy thereof to the comptroller together

with a certificate stating the amount due thereunder, and the amount so

fixed shall be paid out of the state treasury after audit by the

comptroller from moneys appropriated for the acquisition of property

under this section. As used in this subdivision the term "commercial

property" shall include property owned by an individual, family,

partnership, corporation, association or a nonprofit organization and

includes a farm operation. As used in this subdivision the term

"business" means any lawful activity, except a farm operation, conducted

primarily for the purchase, sale, lease and rental of personal and real

property, and for the manufacture, processing, or marketing of products,

commodities, or any other personal property; for the sale of services to

the public; or by a nonprofit organization.

11. Authorization is hereby given to the commissioner to make

supplemental relocation payments, separately computed and stated, to

displaced owners and tenants of residential property acquired pursuant

to this section who are entitled thereto, as determined by him. The

commissioner, with the approval of the director of the budget, may

establish and from time to time amend rules and regulations providing

for such supplemental relocation payments. Such rules and regulations

may further define the terms used in this subdivision. In the case of

property acquired pursuant to this section which is improved by a

dwelling actually owned and occupied by the displaced owner for not less

than one hundred eighty days immediately prior to initiation of

negotiations for the acquisition of such property, such payment to such

owner shall not exceed fifteen thousand dollars. Such payment shall be

the amount, if any, which, when added to the acquisition payment equals

the average price, established by the commissioner on a class, group or

individual basis, required to obtain a comparable replacement dwelling

that is decent, safe and sanitary to accommodate the displaced owner,

reasonably accessible to public services and places of employment and

available on the private market, but in no event shall such payment

exceed the difference between acquisition payment and the actual

purchase price of the replacement dwelling. Such payment shall include

an amount which will compensate such displaced owner for any increased

interest costs which such person is required to pay for financing the

acquisition of any such comparable replacement dwelling. Such amount

shall be paid only if the dwelling acquired pursuant to this section was

encumbered by a bona fide mortgage which was a valid lien on such

dwelling for not less than one hundred eighty days prior to the

initiation of negotiations for the acquisition of such dwelling. Such

amount shall be equal to the excess in the aggregate interest and other

debt service costs of that amount of the principal of the mortgage on

the replacement dwelling which is equal to the unpaid balance of the

mortgage on the acquired dwelling, over the remainder term of the

mortgage on the acquired dwelling, reduced to discounted present value.

The discount rate shall be the prevailing interest rate paid on savings

deposits by commercial banks in the general area in which the

replacement dwelling is located. Any such mortgage interest

differential payment shall, notwithstanding the provisions of section

twenty-six-b of the general construction law, be in lieu of and in full

satisfaction of the requirements of such section. Such payment shall

include reasonable expenses incurred by such displaced owner for

evidence of title, recording fees and other closing costs incident to

the purchase of the replacement dwelling, but not including prepaid

expenses. Such payment shall be made only to a displaced owner who

purchases and occupies a replacement dwelling which is decent, safe and

sanitary within one year subsequent to the date on which he is required

to move from the dwelling acquired pursuant to this section or the date

on which he receives from the state final payment of all costs of the

acquired dwelling, whichever occurs later, except advance payment of

such amount may be made in hardship cases. In the case of property

acquired pursuant to this section from which an individual or family,

not otherwise eligible to receive a payment pursuant to the above

provisions of this subdivision, is displaced from any dwelling thereon

which has been actually and lawfully occupied by such individual or

family for not less than ninety days immediately prior to the initiation

of negotiations for the acquisition of such property, such payment to

such individual or family shall not exceed four thousand dollars. Such

payment shall be the amount which is necessary to enable such individual

or family to lease or rent for a period not to exceed four years, a

decent, safe, and sanitary dwelling of standards adequate to accommodate

such individual or family in areas not generally less desirable in

regard to public utilities and public and commercial facilities and

reasonably accesible to his place of employment, but shall not exceed

four thousand dollars, or to make the down payment, including reasonable

expenses incurred by such individual or family for evidence of title,

recording fees, and other closing costs incident to the purchase of the

replacement dwelling, but not including prepaid expenses, on the

purchase of a decent, safe and sanitary dwelling of standards adequate

to accommodate such individual or family in areas not generally less

desirable in regard to public utilities and public and commercial

facilities, but shall not exceed four thousand dollars, except if such

amount exceeds two thousand dollars, such person must equally match any

such amount in excess of two thousand dollars, in making the down

payment. Such payments may be made in installments as determined by the

commissioner. Application for payment under this subdivision shall be

made to the commissioner upon forms prescribed by him and shall be

accompanied by such information and evidence as the commissioner may

require. Upon approval of such application, the commissioner shall

deliver a copy thereof to the comptroller, together with a certificate

stating the amount due thereunder, and the amount so fixed shall be paid

out of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of property under this section.

12. The owner of any real property so acquired may present to the

court of claims, pursuant to subdivision (A) of section five hundred

three of the eminent domain procedure law, a claim for the value of such

property and for other legal damages as provided by law for the filing

of claims with the court of claims. Awards and judgments of the court

of claims shall be paid in the same manner as awards and judgments of

that court for the acquisition of lands generally and shall be paid out

of the state treasury after audit by the comptroller from moneys

appropriated for the acquisition of such real property.

13. Expenses incurred in the acquisition of the property, including

the cost of title searches, service and publication of notices, and

expenses incurred in proceedings for the removal of owners or occupants,

shall be deemed to be part of the cost of the acquisition of such real

property and shall be paid accordingly out of any moneys appropriated

for the acquisition of such property.

14. If the commissioner shall determine subsequent to the acquisition

of a temporary easement in any real property that the purposes for which

such easement right was acquired have been accomplished and that the

exercise of such easement is no longer necessary, he shall make his

certificate that the exercise of such easement is no longer necessary

and that such easement right is therefore terminated, released and

extinguished. The commissioner shall cause such certificate to be filed

in the office of the department of state and upon such filing all rights

acquired by the state in such property shall cease and determine. The

commissioner shall cause a certified copy of such certificate as so

filed in the office of the department of state to be mailed to the owner

of the property affected, as certified by the attorney general, if the

place of residence of such owner is known or can be ascertained by a

reasonable effort and such commissioner shall cause a further certified

copy of such certificate to be filed in the office of the recording

officer of each county in which the property affected or any part

thereof is situated. On the filing of such certified copy of such

certificate with such recording officer, it shall be his duty to record

the same in his office in the books used for recording deeds and to

index the same against the name of the people of the state of New York

as grantor.

Legislative findings and purpose. The legislature hereby finds

that large numbers of people in communities across our state are unable

to secure housing for themselves and are living in the streets or in

emergency shelters, despite current efforts by public and private

agencies to provide adequate housing for those in need; that the present

condition is contrary to the public interest and threatens the health,

safety, welfare, comfort and security of the people of the state; that

communities across the state must each do their share to assist the

homeless; and that the public interest requires that state financial

assistance be provided to construct or rehabilitate housing units for

the homeless in communities throughout New York state and to explore

alternative means of meeting their long-term housing needs, consistent

with the fiscal constraints faced by New York state. The legislature,

therefore, finds that a special fund should be established, to fund

capital programs sponsored by not-for-profit corporations, charitable

organizations, wholly owned subsidiaries of not-for-profit corporations

or of charitable organizations, public corporations and municipalities

that will expand and improve the supply of shelter and other housing

arrangements for homeless persons.

Definitions. As used in this article, the following terms shall

have the following meanings unless the context clearly requires

otherwise:

1. "Homeless project" shall mean a specific facility, including lands,

buildings and improvements acquired, constructed, renovated or

rehabilitated and operated by a not-for-profit corporation, charitable

organization, wholly owned subsidiary of a not-for-profit corporation or

of a charitable organization, public corporation or a municipality to

increase the availability of housing for homeless persons, which may

include other non-housing services such as but not limited to dining,

recreational, sanitary, social, medical and mental health services as

may be deemed by the commissioner to be essential to such a project.

2. "Homeless person" shall mean an undomiciled person who is unable

to secure permanent and stable housing without special assistance, as

determined by the commissioner.

3. "Project cost" shall mean the cost of any or all undertakings

necessary for planning, financing, land acquisition, demolition,

construction, rehabilitation, equipment and site development.

4. "Not-for-profit corporation" and "charitable organization" shall

mean entities established pursuant to the not-for-profit corporation law

or otherwise established pursuant to law.

5. "Public corporation" shall mean a municipal corporation, a district

corporation, or a public benefit corporation.

Homeless housing and assistance contracts. 1. Within the limits

of funds available in the homeless housing and assistance fund, the

commissioner is hereby authorized to enter into contracts with

municipalities to provide state financial assistance for the project

costs attributable to the establishment of homeless housing projects.

The municipalities that enter into contracts with the commissioner shall

undertake the establishment of the homeless housing project or shall

contract with a not-for-profit corporation or charitable organization to

undertake the project, pursuant to this article.

2. Subject to the approval of the director of the budget, the

commissioner is hereby authorized to enter into contracts with

not-for-profit corporations or subsidiaries thereof, public corporations

or charitable organizations or subsidiaries thereof to provide state

financial assistance for the project costs attributable to the

establishment of homeless projects.

3. The state financial assistance shall be in the form of grants,

loans or loan guarantees, as the commissioner may determine provided,

however, that financial assistance to a for-profit subsidiary of a

not-for-profit corporation or of a charitable organization must be in

the form of a loan or loan guarantee. Any loan to a for-profit

subsidiary shall be repaid under such terms as will protect the

financial viability of the project. Subject to the approval of the

division of the budget, the commissioner may contract with other state

agencies, public benefit corporation's or private institutions to

administer a loan or loan guarantee program pursuant to regulations to

be promulgated by the commissioner.

4. The commissioner shall require that, in order to receive funds

pursuant to this article, the municipality, not-for-profit corporation

or subsidiary thereof, public corporation or charitable organization or

subsidiary thereof must submit an operating plan. Such plan shall

include:

(a) the manner in which the operating expenses of the project shall be

met;

(b) the services that will be provided to homeless persons, including

procedures for intake, referral and outreach;

(c) the responsibilities of the municipality and social services

district for the operation of the project;

(d) the specific population that will be served by the project and how

the project will address the population's special needs;

(e) the category of facility proposed to be established; and

(f) evidence demonstrating that such project complies or will comply

with existing local, state and federal laws and regulations.

5. The commissioner may use up to one percent of the appropriation for

any fiscal year to pay for technical assistance in support of project

development and operation. Technical assistance may include assistance

with general project development and operation, support services

development, architecture and engineering, legal services and financial

services and may be provided by individuals and not-for-profit or

business corporations. The providers of technical assistance shall be

chosen by the department based on such information as the department

shall require in a request for proposals or in any other competitive

process which satisfies the provisions of the state finance law.

6. Prior to entering into a contract for the establishment and

operation of a homeless project pursuant to this section, the

commissioner shall determine that the not-for-profit corporation or

subsidiary thereof, public corporation or charitable organization or

subsidiary thereof that proposes to undertake the homeless project is a

bona fide organization which shall have demonstrated by its past and

current activities that it has the ability to maintain, manage or

operate homeless projects, that the organization is financially

responsible, that the proposed project is financially viable and that

the project plan has been determined to be appropriate for the needs of

the homeless in the relevant community.

7. Every contract entered into for the establishment and operation of

a homeless project pursuant to this article shall contain a provision

that in the event the property which is the subject of such contract

ceases to be used as a homeless project during a seven-year period

commencing with the date of the commissioner's written approval of

occupancy of the homeless project, or such longer period of time as may

be established in the contract, or in case of any other substantial

violation, the commissioner may terminate the contract and may require

the repayment of any moneys previously advanced to the municipality,

not-for-profit corporation or subsidiary thereof, public corporation or

charitable organization or subsidiary thereof pursuant to the terms of

such contract. Where the municipality has entered into a contract with

a not-for-profit corporation or subsidiary thereof, public corporation

or charitable organization or subsidiary thereof, the commissioner may,

pursuant to this subdivision, require that the municipality terminate

the contract with such corporation. Any money repaid pursuant to this

subdivision shall be returned to the homeless housing and assistance

fund.

8. Each contract entered into for the establishment and operation of a

homeless project pursuant to this article shall be subject to the

approval of the director of the budget and shall provide for payment to

the municipality, not-for-profit corporation or subsidiary thereof,

public corporation or charitable organization or subsidiary thereof for

the project costs related to the homeless project to be established by

it, pursuant to a payment schedule. The full amount of the contract, or

any appropriate portion thereof, as determined by the commissioner and

subject to the approval of the director of the budget, shall be

available for payment at any time on or after the effective date of the

contract.

9. Notwithstanding any other provision of this article, the

commissioner may, subject to the approval of the director of the budget,

enter into contracts to provide financial assistance for other than

project costs where such financial assistance can be demonstrated to be

necessary; provided, however, that no more than twenty-five per centum

of the total amount appropriated for the purposes of this article in any

fiscal year shall be allocated in contracts for other than project

costs. In determining whether financial assistance for other than

project costs is necessary, the commissioner shall consider the proposed

project's plan for meeting operating expenses, the efforts made by the

contracting organizations to secure alternative sources of funding for

other than project costs, and such other factors as the commissioner

shall deem appropriate.

10. Notwithstanding any other provision of this article, the state

shall not, in the exercise of its responsibilities pursuant to this

article, assume the legal title to projects developed pursuant to this

article.

11. The municipality, not-for-profit corporation or subsidiary

thereof, public corporation or charitable organization or subsidiary

thereof seeking financial assistance pursuant to this article shall,

within thirty days of its application for such assistance, notify the

local planning board, as defined by section twenty-seven of the general

city law, section two hundred seventy-one of the town law, section 7-718

of the village law, or section eighty-four of the charter of the city of

New York, appropriate for the geographic area in which the proposed

homeless project would be located, and shall provide such board with

information regarding the proposed homeless project.

General and administrative provisions. 1. The department, in

consultation with the division of housing and community renewal, the

office of mental health and other appropriate agencies, shall issue and

promulgate rules and regulations for the administration of this article.

The rules and regulations shall provide that state financial assistance

pursuant to this article will not be available unless an application has

been filed by the municipality, not-for-profit corporation or subsidiary

thereof, public corporation or charitable organization or subsidiary

thereof with the department pursuant to a request for proposals issued

by the commissioner. The rules and regulations shall include provisions

concerning eligibility of municipalities and contracting not-for-profit

corporations or subsidiaries thereof, public corporations and charitable

organizations or subsidiaries thereof for state financial assistance;

the form of the applications for contracts; funding criteria and the

funding determination process; the form of the contracts; supervision

and evaluation of the contracting municipalities or corporations;

reporting, budgeting and record-keeping requirements; provisions for

modification, termination, extension and renewal of contracts; and such

other matters not inconsistent with the purposes and provisions of this

article as the commissioner shall deem necessary, proper or appropriate.

2. The commissioner may provide that preference be given to contract

applications that (a) involve other sources of funds (municipal, federal

or any source other than the state), in-kind contributions made by such

sources, or involve projects receiving state financial assistance

pursuant to chapters three hundred thirty-eight, three hundred

thirty-nine and five hundred forty-nine of the laws of nineteen hundred

eighty-two, in order to maximize the effect of state financial

assistance or (b) involve innovative and cost-effective homeless

projects that may help resolve the long-term problems of the homeless or

(c) involve the rehabilitation of existing structures.

3. The commissioner shall, in consultation with the commissioner of

housing and community renewal, the commissioner of mental health and the

commissioners of other appropriate agencies, evaluate the need for

homeless projects in various areas of the state and among various

populations, including, but not limited to, homeless men, women,

families and runaway youth, and shall allocate funds, to the extent

practicable, to meet these needs; provided, however, that no more than

fifty per centum of the total amount appropriated pursuant to this

article in any fiscal year shall be allocated to contracts with any

single municipality.

4. The department shall provide for the review, at periodic intervals,

of the performance of the municipalities, not-for-profit corporations or

subsidiaries thereof, public corporations and charitable organizations

or subsidiaries thereof receiving financial assistance pursuant to this

article. Such review shall, among other things, be for the purposes of

ascertaining conformity to contractual provisions, the financial

integrity and efficiency of the organizations and the evaluation of the

project. Contracts entered into pursuant to this article may be

terminated by the commissioner upon a finding of substantial

nonperformance or other breach by the organization of its obligations

under its contract with the municipality.

5. The commissioner shall require that all homeless projects that

received financial assistance pursuant to this article shall comply with

all regulations applicable to projects of this type promulgated by the

department, by the division of housing and community renewal and other

municipal, state and federal regulations and laws. The commissioner may

terminate any contract upon a finding that a substantial violation of

such regulations or laws has remained uncorrected for a substantial

period of time.

6. In order to further the purposes of this article, social services

districts shall, in accordance with regulations promulgated by the

department, undertake such efforts as may be necessary and practicable

to assist homeless persons apply for and obtain appropriate governmental

assistance.

7. On or before February first, nineteen hundred eighty-four and on or

before February first of each year thereafter in which contracts under

this section are in force, the commissioner shall submit to the

governor, the temporary president of the senate and the speaker of the

assembly a report detailing progress and evaluating results, to date, of

the program.

8. Notwithstanding the provisions of any general or special law, the

director of the budget is authorized to transfer to the homeless housing

and assistance account funds otherwise appropriated or reappropriated to

the department of social services for the fiscal years beginning on and

after April one, nineteen hundred ninety, in an amount or amounts the

director of the budget determines to be necessary to carry out the

provisions of the homeless housing and assistance program.

Definitions. As used in this title, the following terms shall

have the following meanings unless the context clearly requires

otherwise:

1. "Eligible cost" shall mean the cost to deliver one or more services

to eligible residents to assist such residents to live independently,

including information and referral, resident services coordination,

crisis intervention, and other like services. Eligible cost shall not

include: those costs associated with maintenance and operation of

physical plant; those costs associated with support services or

maintenance provided or financially assisted by other state or municipal

programs; or those costs associated with support services provided in

residential care programs licensed by a state department or agency. When

two or more eligible projects exist in the same geographic area,

services shall be provided in common among such projects whenever

feasible.

2. "Eligible applicant" shall mean a not-for-profit corporation or

charitable organization which operates single room occupancy units

qualifying as an eligible project.

3. "Eligible resident" shall mean a person residing in a single room

occupancy unit who is in need of services to live independently. In the

event that the income of such resident exceeds one hundred fifty percent

of the poverty level, the eligible project may charge a service fee to

the eligible resident not to exceed fifty percent of the total cost of

services provided pursuant to this title in such project divided by the

number of eligible residents in the project.

4. "Eligible project" shall mean those single room occupancy units

occupied by eligible residents, within a building or portion thereof

which is operated by an eligible applicant.

5. "Single room occupancy unit" shall mean a private room providing

living and sleeping space for no more than two persons with access to

bathing and toilet facilities, within a building or portion thereof

which is operated by an eligible applicant; provided, however, that in

no event shall such unit be located in:

(a) hotels, motels or other dwellings occupied transiently;

(b) shelters for families or adults, as defined by the commissioner;

(c) residential facilities or institutions which are required to be

licensed by any state agency;

(d) college or school dormitories;

(e) clubhouses;

(f) housing intended for use primarily or exclusively by the employees

of a single company or institution; or

(g) convents or monasteries.

The unit itself may contain a kitchen and/or a bathroom.

6. "In-kind expenditures" shall mean the cash value of eligible costs

that are not reimbursed under this title and may include but not be

limited to materials, equipment, space or paid or volunteer staff.

Single room occupancy support services program. There is

hereby established under the administration of the commissioner a single

room occupancy support services program, to provide financial

assistance, subject to limitations stated in appropriations therefor, in

the form of grants, to eligible applicants for eligible costs of

services to assist eligible residents of single room occupancy units to

live independently. The commissioner, subject to the approval of the

director of the budget and within amounts appropriated therefor, shall

request proposals from local social services districts for funds to

support grants made pursuant to this title. Copies of such requests for

proposals shall be simultaneously distributed to eligible applicants

known to the commissioner and the availability of such proposals shall

be publicized by the department. Local social services districts will be

chosen competitively based upon such proposals for funding. Criteria to

be used by the commissioner in awarding funding among local social

services districts shall include but not be limited to the anticipated

need for single room occupancy units within each district; the ability

of the local social services district to properly supervise the single

room occupancy support services program; and the appropriateness of the

support services for the population to be served.

Notice of funding availability; contracts. A local social

services district that receives funding pursuant to this title shall

issue notices of funding availability together with application forms

for financial assistance under this title, provided that such notices,

application forms and competitive award procedures are approved in

advance by the department. When such applications are approved, the

local social services official is authorized to enter into contracts

with eligible applicants to provide financial assistance in the form of

grants for eligible costs.

Direct application by eligible applicants. Upon receipt of a

copy of the request for proposals issued pursuant to section

forty-five-a of this title, an eligible applicant may notify the local

social services district in which its eligible project is located of its

desire to participate in the single room occupancy support services

program. In the event that the local social services district does not

submit a proposal pursuant to section forty-five-a of this title, such

eligible applicant that has notified the local social services district

of its desire to participate may submit an application directly to the

commissioner for financial assistance under this title. Criteria to be

used by the commissioner in awarding funding directly to such eligible

applicants shall include but not be limited to the anticipated need for

single room occupancy units within the district where the eligible

project is located, and the appropriateness of the support services for

the population to be served. Before directly awarding any funding to

eligible applicants, the commissioner shall consult with the local

social services district where the eligible project is located regarding

the need for single room occupancy units within such district, the

ability of the eligible project to provide single room occupancy

services and any other factors which are necessary to effectively

evaluate direct application by eligible projects. When such applications

are approved, the commissioner, within the amounts appropriated under

this title, and subject to the limitations set forth in this section and

section forty-five-d of this title, is authorized to enter into

contracts with eligible applicants, to provide financial assistance in

the form of grants for eligible costs.

Operating plans. 1. Contracts with not-for-profit corporations

and charitable organizations shall be approved by the social services

district, or the commissioner in the case of direct applications, in

accordance with an operational plan submitted pursuant to the provisions

of subdivision two of this section.

2. The social services district, or the commissioner in the case of

direct applications, shall require that, in order to receive funds

pursuant to this title, the not-for-profit corporation or charitable

organization must submit an operating plan. Preference shall be given to

plans which demonstrate that existing state, federal, local and private

dollars will be utilized to the fullest extent possible to fund the

service costs of the project. Such plans shall include but not be

limited to:

(a) the manner in which the capital expenses of the project shall be

met;

(b) the services that will be provided to the residents of the

project;

(c) the specific population that will be served by the project and how

the project will address the population's special needs;

(d) a description of the manner in which coordination with other

federal, state, local and private funding sources shall be achieved;

(e) the cost per month per eligible resident of the services to be

provided; and

(f) evidence demonstrating that such project complies or will comply

with existing local, state and federal laws and regulations.

3. Prior to entering into a contract pursuant to this title, the

social services district, or the commissioner in the case of direct

applications, shall determine that the not-for-profit corporation or

charitable organization submitting such plan is a bona fide organization

which shall have demonstrated by its past and current activities that it

has the ability to maintain, manage or operate such project, that the

organization is financially responsible, that the proposed project is

financially viable and that the project has been determined to be

appropriate for the needs of the homeless in the relevant community.

Reimbursement. Expenditures made by a social services district

for grants made pursuant to this title shall be reimbursed by the state

at the rate of fifty per centum, after first deducting therefrom any

federal funds properly received or to be received on account thereof;

provided, however, that in lieu of local financial participation

required by this section, the commissioner may permit a social services

district to substitute actual or in-kind expenditures incurred by

eligible applicants in the operation of eligible projects if the

commissioner determines that:

(a) local social services district financial participation is

unavailable in all or a portion of such expenditures although such

district financial participation in the single room occupancy support

services program equals or exceeds such financial participation in the

previous program year; and

(b) such eligible projects require financial assistance under this

title to ensure the financial viability of supportive services programs.

Actual or in-kind expenditures made by an eligible applicant receiving

assistance pursuant to section forty-five-c of this title shall be

reimbursed by the state at the rate of fifty per centum after first

deducting therefrom any federal funds properly received or to be

received on account thereof.

Administration. 1. The commissioner shall promulgate rules and

regulations for the administration of this title. Such rules and

regulations shall include but not be limited to provisions concerning

eligibility of not-for-profit corporations and charitable organizations

for single room occupancy support project assistance, funding criteria

and the funding determination process, supervision and evaluation of the

contracting corporations and organizations and any other matters

consistent with the purposes of this title.

2. The social services district, or the commissioner in the case of

direct applications, shall provide for the review, at periodic

intervals, of the performance of the not-for-profit corporations and

charitable organizations receiving financial assistance pursuant to this

title. Such review shall, among other things, be for the purpose of

ascertaining conformity to contractual provisions, the financial

integrity and efficiency of the organizations and the evaluation of the

project. Contracts entered into pursuant to this title may be terminated

by the social services district, or the commissioner in the case of

direct applications, upon a finding of substantial nonperformance or

other breach by the corporation or organization of its obligations under

its contract.

3. In order to further the purposes of this article, social services

districts shall, in accordance with regulations promulgated by the

department, undertake such efforts as may be necessary and practicable

to assist eligible residents to apply for and obtain appropriate

governmental assistance.

4. The department, subject to the approval of the director of the

budget, may retain up to five percent of the total amount appropriated

pursuant to this title in any fiscal year for administrative purposes.

Annual report. Beginning October first, nineteen hundred

eighty-eight, and each year thereafter, the commissioner shall report to

the governor and legislature on the success of the single room occupancy

support services program in assisting eligible residents to live

independently.

Legislative intent. The legislature finds that there are a

significant number of homeless and at-risk households living in

temporary and unstable conditions which would benefit from the provision

of a comprehensive assistance program. The legislature further finds

that the current system of providing services to such households would

be improved by ensuring that a broad range of flexible, individualized

assistance is available to stabilize households and to better meet

divergent local needs. The legislature, therefore, finds that state

financial assistance should be made available for the purpose of

providing supportive services designed to stabilize households by

attempting to avoid homelessness and, for those who are currently

homeless, by facilitating the transition form homelessness to permanent

housing.

Definitions. For the purposes of this title, the following terms

shall have the following meanings:

1. "Homeless" shall mean an undomiciled household which is unable to

secure permanent and habitable housing without special assistance, as

determined by the commissioner, including but not limited to households

temporarily residing in emergency shelters, transitional facilities,

hotels/motels, or substandard conditions.

2. "Household" shall mean a single individual or family, including

couples without dependent children who, or which, are eligible to

receive public assistance.

3. "Eligible applicant" shall mean local social services districts or

not-for-profit corporations serving homeless and at-risk households.

4. "At-risk" shall mean a household threatened with homelessness and

those with a history of frequent moves.

5. "Homelessness intervention services" shall mean services which are

designed to stabilize at-risk and homeless households by avoiding

homelessness or assisting households to secure permanent and habitable

housing. Such services may include, but need not be limited to the

following:

(a) services to resolve conflicts between landlords and tenants and to

facilitate fair and workable solutions;

(b) legal services to households threatened with the loss of their

homes through eviction, harassment or other means;

(c) tenant activities to educate households in the areas of tenant

rights and responsibilities, and to organize tenants to remedy housing

problems such as code violations, landlord abandonment and harassment;

(d) benefits/entitlements advocacy to ensure that households are

receiving all federal, state and local benefits to which they are

entitled, such as temporary assistance to needy families, safety net

assistance, food stamps, supplemental security income, rent security

deposits, furniture and household moving expenses;

(e) relocation assistance which provides for the identification of and

referral to permanent and habitable housing, transportation services,

landlord/tenant lease negotiation services and assistance in

establishing utility services; and

(f) the provision of or referral to support services designed to

stabilize households in permanent and habitable housing including

services related to substance abuse, domestic violence, housekeeping,

budgeting, education, day care, employment, parenting, mental health,

physical health, and such other services deemed necessary by the office

of temporary and disability assistance. Service provided to homeless

households pursuant to this paragraph must be provided for a period of

at least six months beginning the first day of the month following the

month in which such household secured permanent housing.

Homeless intervention contracts. 1. The commissioner shall,

within the amounts appropriated therefor, select through a competitive

request-for-proposal process, local social services districts and

not-for-profit corporations serving homeless and at-risk households to

provide homelessness intervention services to homeless and at-risk

households. In order to ensure that contracts are awarded and services

provided in geographic areas of the state to homeless and at risk

households in greatest need, and to maximize the effect of state funds,

the commissioner shall, prior to entering into a contract with an

eligible applicant pursuant to this section, consider the extent to

which existing homelessness intervention services are available in the

local social services district and the extent to which these services

should be expanded.

2. The commissioner shall require eligible applicants to submit

operating plans in order to receive funding pursuant to this article.

Such plans shall include:

(a) a description of the homeless intervention services to be

provided, including procedures for intake, referral, outreach, the

provision of services, follow-up and anticipated outcomes;

(b) the specific population that will be served and how the services

provided will address the population's special needs;

(c) a description of the manner in which coordination with other

federal, state, local and privately funded services will be achieved;

and

(d) a description of how the services will be designed to assist

households transition from a reliance on outside interventions and move

toward housing stability and economic self reliance.

3. Prior to entering into a contract pursuant to this section, the

commissioner shall determine that the eligible applicant is a bona fide

organization which shall have demonstrated by its past and current

activities that it has the ability to provide such services, that the

organization is financially responsible and that the operating plan is

appropriate for the needs of households to be served.

Regulations. The office of temporary and disability assistance

shall, in consultation with other agencies deemed appropriate by the

commissioner, promulgate such rules and regulations as are necessary to

carry out the provisions of this article.

Reports. On or before February first, nineteen hundred

eighty-nine and on or before February first of each year thereafter in

which contracts under this article are in force, the commissioner shall

submit to the governor, the temporary president of the senate and the

speaker of the assembly a report detailing progress and evaluating

results, to date, of the program. Such report shall include, but not be

limited to a review of the basis for selection of eligible applicants;

the number of persons served; a review of the efforts made to prevent

homelessness and to provide permanent housing for homeless households,

including a list of the number of persons and families, by project, who

received services; an identification of the estimated savings and costs

of the program to the state and localities; and an evaluation of

continuing needs for homelessness intervention services.

City social services districts. The city of New York shall

have all the powers and duties of a social services district insofar as

consistent with the provisions of the special and local laws relating to

such city. The officers thereof charged with the administration of

public assistance and care shall have additional powers and duties of a

commissioner of social services not inconsistent with the laws relating

to said city.

Cities in county social services districts. Each city, other

than the city of New York, shall form part of the county social services

district of the county in which it is situated and shall not assume any

powers and responsibilities for the administration or expense of public

assistance and care, in addition to those specified in subdivision two

of section sixty-nine, except pursuant to the provisions of sections

seventy-four and seventy-four-a of this chapter.

Application. Nothing in this chapter shall be deemed to take

away the jurisdiction or any power or duty of the family court, the

department, the state department of education or the state department of

health.

Social services districts. For the purpose of administration

of public assistance and care the state shall be divided into county and

city social services districts as follows:

1. The city of New York is hereby constituted a city social services

district.

2. Each of the counties of the state not included in subdivision one

of this section is hereby constituted a county social services district.

Responsibility for public assistance and care. 1. Subject to

reimbursement in the cases hereinafter provided for, each public welfare

district shall be responsible for the assistance and care of any person

who resides or is found in its territory and who is in need of public

assistance and care which he is unable to provide for himself.

5. This section is subject to the following exceptions:

(a) Notwithstanding any other provisions of this chapter, in the event

a recipient removes from one to another social services district in the

state, a social services official administering safety net assistance or

family assistance to such recipient shall continue such assistance for

such recipient for a period ending on the last day of the calendar month

next succeeding the calendar month in which such removal occurred,

provided such recipient is otherwise eligible for such assistance and

has not become a recipient of public assistance in the district to which

he or she has removed.

(a-1) Notwithstanding any other provisions of this chapter, in the

event a recipient removes from one to another social services district

in the state, a social services official administering medical

assistance to such recipient shall continue such assistance for a period

ending on the last day of the calendar month next succeeding the

calendar month in which such removal is reported by the recipient to the

social services district, provided that the recipient: has informed the

district of his or her new address and any material changes in

circumstances affecting medical assistance eligibility; is otherwise

eligible for medical assistance; and has not become a recipient of

medical assistance in the district to which he or she has removed. After

the last day of the calendar month next succeeding the calendar month in

which such removal is reported, the recipient shall be eligible without

further application for medical assistance administered by the social

services district to which the recipient has removed. Continued

provision of medical assistance under this paragraph is dependent on the

recipient meeting all applicable requirements of titles eleven and

eleven-D of article five of this chapter. This paragraph shall not apply

to a recipient who is institutionalized in a medical facility and who

removes from one social services district to another district in the

state.

(b) If a public welfare district, town or city provides care for a

person in a family home, boarding home, nursing home, convalescent home,

hospital or institution outside of its territory and pays for such care

directly or through a grant made to the recipient, the public welfare

district, town or city making such provision shall continue to be

responsible for payment for such care as long as the recipient is in

need thereof. In the event any other type of public assistance and care

is needed by a person receiving such care, it shall be furnished and

paid for by the public welfare district, town or city which would be

responsible for such required assistance and care if such person had

remained in the territory of the district, town or city making such

provision; the public welfare district, town or city making such

provision shall likewise be responsible for the care, removal and burial

of the body of any such person who shall die, and the expense thereof.

The public welfare district, town or city which, pursuant to the

provisions of this paragraph, is providing public assistance and care

for the mother of an infant, on the date of birth of such infant, shall

be responsible for providing public assistance or care required by such

infant on and after the date of his birth; and such public welfare

district, town or city shall be deemed to have made provision for the

care of such infant outside of its territory.

When a child who has been cared for away from his own home by or on

behalf of a public welfare district, pursuant to title two of article

six or other provisions of this chapter, the family court act of the

state of New York, or other provisions of law, is discharged, pursuant

to law, to his parents or parent, brother, sister, uncle, aunt or legal

guardian, who are or is then residing outside the territory of such

public welfare district, such discharge shall terminate the

responsibility of such public welfare district to furnish public

assistance and care for such child pursuant to this paragraph; and upon

such discharge it shall become the responsibility of the public welfare

district wherein such child is thereafter to reside with his relative or

legal guardian to provide necessary public assistance and care for him

as in the case of any other child residing therein.

The provisions of this paragraph shall not be deemed to authorize or

empower towns or cities of a county public welfare district to exercise

responsibilities with relation to public assistance and care

inconsistent with the responsibilities imposed or conferred on them by

other provisions of this chapter.

(c) When a person with a mental illness or developmental disability is

in need of public assistance or care while on convalescent status or

community status from a state hospital or institution under the

provisions of section 29.15 of the mental hygiene law, the public

welfare district, town or city from which he was admitted to such

hospital or institution shall be responsible for providing and paying

for such assistance or care as in the case of other persons requiring

public assistance and care, except that such responsibility shall

continue during any period such person is on convalescent status or

community status outside the territory of such public welfare district,

town or city and shall continue thereafter in accordance with the

provisions of this paragraph and paragraph (b) of this subdivision if

such person was receiving or should have been receiving public

assistance or care from such public welfare district, town or city

outside its territory at the time he was discharged from such

convalescent status or community status.

(d) When a person, either upon admission to a hospital, nursing home,

intermediate care facility, adult home, enriched housing program or

residence for adults located in a social services district other than

the district in which he was then residing, or while in such hospital,

nursing home, intermediate care facility, adult home, enriched housing

program or residence for adults, is or becomes in need of medical

assistance, the social services district from which he was admitted to

such hospital, nursing home, intermediate care facility, adult home,

enriched housing program or residence for adults shall be responsible

for providing such medical assistance for so long as such person is

eligible therefor. If while such person is receiving care in such

hospital, nursing home, intermediate care facility, adult home, enriched

housing program or residence for adults or when discharged therefrom, is

in need of any other type of public assistance or care, the social

services district, town or city from which the person was admitted to

such hospital, nursing home, intermediate care facility, adult home,

enriched housing program or residence for adults shall be responsible

for providing and paying for such public assistance or care as in the

case of other persons requiring public assistance and care in its

territory, and such responsibility shall continue thereafter in

accordance with the provisions of this paragraph and paragraph (b) of

this subdivision if such person was receiving or should have been

receiving public assistance or care from such social services district,

town or city; such social services district, town or city shall likewise

be responsible for the care, removal or burial of the body of any such

person who shall die, and for the expense thereof. The provisions of

this paragraph shall likewise be applicable to the care of an eligible

person who, while temporarily absent from the social services district

in which he then resided, was admitted to a hospital or nursing home in

another social services district prior to the effective date hereof.

(e) A public welfare district which provides medical assistance for

needy persons pursuant to the provisions of title eleven of article five

of this chapter, shall not charge back any part of the cost of such

assistance to another public welfare district.

(f) (1) The social services district in which a victim of domestic

violence, as defined in article six-A of this chapter, was residing at

the time of the alleged domestic violence shall be responsible, in

accordance with section one hundred thirty-one-u of this chapter, for

the cost of emergency shelter and care provided to such victim and his

or her minor children at a residential program for victims of domestic

violence, as defined in article six-A of this chapter, whether or not

such program is located in the social services district or in another

social services district if such victim:

a. was receiving public assistance at the time of entry to the program

or

b. applies for public assistance and care during the time the victim

was residing in such program.

(2) The social services district to which such application is

submitted shall forward the completed application to the district in

which the victim resided at the time of the alleged domestic violence.

(3) Responsibility for the cost of shelter and care pursuant to this

paragraph shall be limited to the period during which the victim and his

or her children, if any, reside in such program. Responsibility for

public assistance and care for any period after termination of such

residency shall be determined pursuant to other provisions of this

section.

(g) (1) When a person applies for medical parole, and is in need of

public assistance, including medical assistance, the department of

corrections and community supervision shall cause an application for

such assistance to be forwarded to the department of social services.

(2) Upon receipt of an application for public assistance, including

medical assistance, forwarded by the department of corrections and

community supervision for persons meeting the conditions of medical

parole, financial eligibility for such assistance and care shall be

determined by the New York state department of social services prior to

the person's parole.

(3) Determination of continuing eligibility for public assistance,

including medical assistance, and care will be the responsibility of the

social services district into which such person is released.

(4) Any inconsistent provision of this chapter or other law

notwithstanding, when a person is released on medical parole pursuant to

section two hundred fifty-nine-r or two hundred fifty-nine-s of the

executive law and is in need of public assistance, including medical

assistance, the social services district in which such person was

convicted and from which he or she was committed to the custody of the

department of corrections and community supervision shall be responsible

for the administrative costs of the initial and any subsequent

eligibility determination and the costs of any public assistance,

including medical assistance, following such persons release on medical

parole for so long as such person is eligible therefor.

6. Homeless children. (a) Notwithstanding any other provision of law

to the contrary, the social services district which provides assistance

or services to a homeless child in temporary housing located outside the

school district of origin shall notify the commissioner of education,

the school district of origin and the school district designated by the

child, parent or person in parental relation pursuant to subdivision two

of section thirty-two hundred nine of the education law within five days

of such designation as the school district which such child shall attend

upon instruction. Such notice shall include the name of the child, the

name of the parent or person in parental relation to the child, if any,

the name and location of the temporary housing arrangement, the name of

the school district of origin and any other information required by the

commissioner of education.

(b) For the purposes of this subdivision the terms "homeless child",

and "school district of origin" shall be as defined in section

thirty-two hundred nine of the education law.

(c) A social services district shall provide for the transportation of

each homeless child who is eligible for benefits pursuant to section

three hundred fifty-j of this chapter to and from a temporary housing

location in which the child was placed by the social services district

and the school attended by such child pursuant to section thirty-two

hundred nine of the education law, if such temporary housing facility is

located outside of the designated school district pursuant to paragraph

a of subdivision two of section thirty-two hundred nine of the education

law. A social services district shall be authorized to contract with a

board of education or a board of cooperative educational services for

the provision of such transportation. This paragraph shall apply to

placements made by a social services district without regard to whether

a payment is made by the district to the operator of the temporary

housing facility.

7. The provisions of subdivision five of this section shall not apply

with respect to the medical assistance eligibility of persons described

in subparagraph two of paragraph (a) of subdivision one of section three

hundred sixty-six of this chapter.

Separation of social services from eligibility and assistance

payments functions. Notwithstanding any provision of law, rule or

regulation every social services district shall be organized to effect a

separation of social services from eligibility and assistance payments

functions as follows:

1. The commissioner shall issue within ten days of the effective date

hereof, guidelines to the social services districts of the state

outlining the principles and purposes to be attained in the separation

of social services from the functions of eligibility and assistance

payments, and defining the content of services which may be included

under the term "social services" and of the functions associated with

eligibility and assistance payments.

2. Each social services district shall submit to the commissioner by

July first, nineteen hundred seventy-one, its own plan for separation,

together with its timetable for implementation of the plan.

3. Upon finding that the plan conforms to the applicable minimum

federal requirements, the commissioner shall approve such plan.

4. Each social services district shall submit to the commissioner, in

accordance with applicable federal law and regulations, modifications of

its approved plan for separation of social services from eligibility and

assistance payments functions. Each social services district shall

prepare, in accordance with applicable federal law and regulations, for

the effective operation of such approved plan as so modified.

County commissioners of public welfare. 1. There shall be a

county commissioner of public welfare in each county public welfare

district who shall administer the public assistance and care for which

the county public welfare district is responsible and shall have general

supervision and care of persons in need in the territory over which he

has jurisdiction.

2. The county commissioner shall be responsible for the administration

of all the assistance and care for which the county is responsible.

3. The county commissioner shall act as the agent of the department in

all matters relating to assistance and care administered or authorized

by the town public welfare officers.

4. The county commissioner shall be appointed in accordance with the

provisions of section one hundred sixteen of this chapter or other

provisions of law relating to the appointment of such commissioner.

6. (a) A county commissioner is authorized and required to provide

safety net assistance for persons residing or found in a city or town of

the county when in his judgment they are eligible for and in immediate

need of such assistance and either: the city or town public welfare

officer, as the case may be, is absent from his city or town under

circumstances indicating his absence may extend beyond two days and such

officer has no deputy or assistant authorized to grant such assistance

or his or her deputy or assistant is also absent from such city or town

under circumstances indicating his or her absence may also be for a

period of more than two days; or, such county commissioner shall have

appealed to the department, pursuant to section seventy-four-h, the

decision of the social services official of such city or town not to

grant the safety net assistance recommended by such commissioner after

his or her staff shall have investigated the application for assistance

pursuant to the provisions of section one hundred thirty-two. Such

county commissioner may continue to grant safety net assistance in the

former case until the city or town public welfare officer or his or her

deputy or assistant returns to such city or town, and in the latter case

until the department shall have decided the appeal of the county

commissioner.

(b) Expenditures of a county for safety net assistance pursuant to

this section may be made from county social services funds appropriated

or otherwise made available therefor and shall be subject to

reimbursement by the state in accordance with and to the extent

authorized by section one hundred fifty-three; and the local share of

such expenditures shall become a charge on, and shall be reimbursed to

the county by the city or town which was otherwise responsible for

furnishing the safety net assistance for which the expenditure was made,

provided the county commissioner shall give appropriate written notice

thereof to the appropriate city or town public welfare officer within

thirty days of the date the expenditure was made by the county and

provided further that in the case of an appeal to the department that

such appeal shall be decided in favor of the county.

7. (a) In the event of a vacancy in the office of county commissioner

of social services the appointing authority may, subject to the

provisions of paragraph (b) of this subdivision, appoint as acting

commissioner of social services any employee of the county social

services agency. Such appointment shall be for no longer than one year.

(b) Prior to filling a vacancy in the office of county commissioner of

social services the appointing authority shall certify to the state

commissioner of social services: (i) that there is an unavailability of

qualified candidates; (ii) that the district is making continued efforts

to recruit qualified candidates; (iii) that the appointment shall be

effective only until a qualified person becomes available; and (iv) that

a waiver by the appointing authority of any specific qualification

required by section one hundred sixteen of this chapter shall not be

effective without the consent of the state commissioner of social

services.

(c) The acting commissioner may be paid compensation in addition to

his normal salary during the period of time that he serves as acting

commissioner.

(d) The acting commissioner shall have the same power as a

commissioner during the period of time that he serves as acting

commissioner.

(e) Service as an acting commissioner shall in no way affect the

permanent civil service status, or any other employment rights of the

appointee.

8. Notwithstanding any other law, rule, or regulation to the contrary,

each county commissioner of social services is hereby authorized and

directed to ensure that their social services district allows

individuals submitting an application or other paperwork relating to

public assistance and care to do so electronically.

County appointments and bonds. 1. The legislative body of the

county may authorize the appointment of any number of deputy

commissioners of social services, physicians to care for sick persons in

their homes, other assistants and employees, including attorneys to

perform duties it considers necessary to carry out the provisions of

this chapter. However, such legislative body may also authorize that

such attorneys, in addition to performing the duties assigned to them by

the county commissioner, may be deputized by the county attorney to

perform duties on his behalf in connection with the work of the social

services department.

2. The county commissioner shall appoint deputy commissioners,

physicians, assistants and employees so authorized and direct their

work.

3. Each county commissioner and deputy commissioner shall be required

to give bond before entering upon his duties. The board of supervisors

shall fix the amount of such bond and may require and fix the amount of

bond to be given by any other assistant or employee whose appointment is

authorized. The expense of any bond required in connection with the

work of a county public welfare official or employee shall be paid from

county public welfare funds.

4. In accordance with federal and state regulations each county

social services commissioner shall appoint a citizens advisory committee

or committees to exercise and perform such functions, powers, and duties

as the regulations of the department may require.

Town public welfare officers; appointment of staff. 1. The

town board of each town responsible for the expense of providing safety

net assistance for persons residing or found in such town shall appoint

a social services official or authorize a supervisor of the town to act

as such official. It may in its discretion appoint an assistant town

social services official and other employees to assist the town social

services official in carrying out his or her duties. The town social

services official, his or her assistant and other employees shall hold

office during the pleasure of the town board. The town board shall fix

the salary to be paid a town social services official, his or her

assistant or other employees or fix the amount per hour to be paid them

when they are performing any duty connected with their office.

2. The town public welfare officer shall be responsible for the

authorization of the assistance and care for which the town is

responsible and shall assist the county commissioner in the

administration of assistance and care to persons residing or found in

his town for whose care the county public welfare district is

responsible. Except as otherwise agreed and arranged by and between the

county commissioner and the town public welfare officer, the town public

welfare officer shall receive all applications for public assistance and

care made in his town by residents of such town, and he shall forward

each such application to the county commissioner immediately after the

receipt of the same. He shall have all the powers and perform all the

duties of a public welfare official applicable to the work hereby

assigned.

3. In case of emergency and until it is possible for the county

commissioner either to take charge of the case or to make a complete

investigation, the town public welfare officer may grant such temporary

assistance and care as may be necessary. All such grants made by the

town public welfare officer shall be made in accordance with the rules

and regulations of the department and the regulations established by the

county commissioner of public welfare.

Responsibility for public assistance and care in a county social

services district. The responsibility for the administration of public

assistance and care in a county social services district and the expense

thereof may either be borne by the county social services district or

be divided between such district and the towns and cities therein as

hereinafter provided.

1. Unless otherwise determined by the board of supervisors as

hereinafter provided, each town shall be responsible for the expense of

providing safety net assistance for persons residing or found in such

town.

2. Unless otherwise determined by the board of supervisors as

hereinafter provided, a city forming a part of a county social services

district shall be responsible for the expense of providing safety net

assistance for any person residing or found in its territory.

3. A county social services district shall be responsible for the

expense of providing all assistance and care for persons residing or

found in a town or city in its territory for which such town or city is

not responsible under the provisions of subdivisions one and two of this

section. The expense of such assistance and care granted by a county

social services district shall be subject to reimbursement by the state

in the cases provided for by section sixty-two or by any other provision

of this chapter.

Commitments. Commitments to a county home may be made by such

town and city public welfare officers as are authorized by the county

commissioner. All other commitments to hospitals or other institutions

at the expense of the county public welfare district shall be made by

the county commissioner, or by such other official as may be authorized

pursuant to the provisions of this chapter.

Power of the board of supervisors to assume responsibility for

assistance and care. 1. The board of supervisors of the county may, by

resolution adopted by a majority vote, direct that the cost of all or

any part of the assistance and care for which the towns and cities are

made responsible under the provisions of subdivisions one and two of

section sixty-nine shall be a charge on the county social services

district and administered under the direction of the county

commissioner.

2. Copies of any such resolution shall be sent to each town clerk and

to the mayor and clerk of each city in the county social services

district within ten days after the adoption of the resolution. However,

no resolution adopted by the board of supervisors pursuant to

subdivision one of this section shall take effect in a city in the

county social services district until confirmed by the legislative body

of the city.

Power of the board of supervisors to change the administrative

system of the county social services district. When pursuant to section

seventy-two, the board of supervisors has adopted a resolution directing

that the cost of all public assistance and care shall be a charge on the

county social services district:

1. The county social services district shall, after the date fixed by

such resolution, be responsible for administration of public assistance

and care in all of the towns of its district and thereafter all

provisions of this chapter as to the powers and duties of towns and of

town social services officers shall be inoperative in such county social

services district. The appointment of all town social services officers

and employees shall terminate on the date when such resolution takes

effect.

2. (a) Such resolution shall not take effect in a city in a county

social services district unless it is confirmed by act of the

legislative body of the city in accordance with the provisions of this

paragraph. The legislative body of such a city may confirm the

resolution of the board of supervisors (1) on or before the first day of

October in the year in which such resolution was adopted by the board of

supervisors, and make such confirmation effective on the first day of

January next succeding such confirmation, provided the resolution of the

board of supervisors takes effect in the towns of the county on or

before such first day of January, or (2) at any other time or date, and

make such confirmation effective on any date not earlier than the date

the resolution of the board of supervisors takes effect in the towns of

the county, provided the board of supervisors shall by resolution

specifically approve such confirmation.

(b) On the day after a city confirms a resolution of the board of

supervisors pursuant to paragraph (a), the mayor or the city clerk shall

send a written notice of such confirmation to the clerk of the board of

supervisors of the county. He shall also send a copy of such notice to

the county commissioner of social services and the county commissioner

shall thereupon notify the department.

(c) If a city in the county social services district shall confirm

the resolution of the board of supervisors in accordance with the

provisions of paragraph (a), the county social services district shall,

on and after the effective date of such confirmation be responsible for

administration of public assistance and care in such city, and

thereafter all provisions of this chapter as to the powers and duties of

a city in a county social services district and of city social services

officers shall be inoperative in such city.

(d) Unless and until a city in the county social services district

shall confirm the resolution of the board of supervisors in accordance

with the provisions of paragraph (a), the responsibility of such city

for assistance and care in its territory shall not be affected by such

resolution, and the city shall be governed by the provisions of this

chapter and other laws relating to cities which form part of a county

social services district and to city social services officers; and the

city shall continue to be responsible for the cost of public assistance

and care under the provisions of subdivision two of section sixty-nine,

except as otherwise provided in title three-a of this article. The cost

of any assistance and care given to local charges residing or found in

such city, paid by the county social services district under the

provisions of subdivision three of section sixty-nine, shall be a charge

on the county social services district.

3. The board of supervisors shall make such additional appropriations

and authorize the appointment of such number of deputy commissioners,

other assistants and employees as it may deem necessary to provide

adequate administration of the public assistance and care for which the

county social services district is made responsible under the provisions

of this section.

Administration of assistance by or on behalf of certain cities.

1. Each city, other than the city of New York, which is responsible for

one or more types of public assistance and care on the date this section

becomes effective shall function under section seventy-four-a of this

chapter.

2. Any city subject to the provisions of subdivision one of this

section may confirm and make effective therein, pursuant to subdivision

two of section seventy-three of this chapter, a resolution of the county

legislative body adopted pursuant to section seventy-two of this chapter

directing that the cost of all public assistance and care shall be a

charge on the county social services district.

Administration of assistance by county for city;

reimbursements and advances; cost to county to be raised by tax on

taxable property of city and to be included in county tax levy. 1. The

county shall administer in and for the city the public assistance and

care for the administration of which the city is responsible and shall

be entitled to all reimbursements and advances against reimbursements on

account of the assistance and care so administered to which the city

would otherwise be entitled and which would otherwise be payable to the

city in accordance with the provisions of this chapter.

2. The cost to the county of all assistance and care thus

administered by the county in and for the city shall be a charge against

and be levied as a tax upon the taxable property of the city and the

amount to be so raised by tax shall be included by the county in its

next ensuing tax levy.

3. This section is applicable only to those cities described in

subdivision one of section seventy-four of this chapter.

Appeals and reviews. 1. A social services official

responsible in an individual case for either the authorization of

assistance or the investigation of the application for assistance and

the making of a recommendation relative to such application shall have

the right to appeal to the department from a decision made in such case

by another social services official.

Upon receiving such an appeal, the department shall issue a written

determination which shall be binding on all the social services

officials involved in such appeal.

2. The department on its own motion may review any case for the

purpose of determining whether assistance and care has been adequately

or properly provided. After making such a review, the department may

issue such written determination as it may deem proper, and such

determination shall be binding on all the social services officials

concerned.

Transfer of personnel; county, city and town. 1. When,

pursuant to the provisions of this chapter or of any other law, the

functions, powers and duties exercised by a city or town in the

administration of public assistance and care, are transferred or

assigned, in whole or in part, to a county, provision shall be made for

the county to employ so much of the staff employed by such city or town

in the administration and execution of the functions, powers and duties

so transferred or assigned as may be practicable and necessary.

Officers and employees shall be transferred without further examination

or qualification and they shall retain their respective civil service

classification and status provided that, in determining the officers and

employees to be transferred to a county, such officers and employees

shall be selected within each grade of each class of positions in the

order of their original appointment in the service of the city or town,

as the case may be. Officers and employees in the competitive class of

the civil service of the city or town who are not transferred to the

county shall have their names entered upon appropriate city or town

preferred lists, as the case may be, pursuant to section thirty-one of

the civil service law. Temporary and provisional employees may be

transferred and shall, thereafter, be subject to such examinations as

are required by law. If the functions transferred are retransferred in

accordance with the provisions of this chapter, upon such retransfer,

the officers or employees who were transferred and who are employed by

the county on the date of such retransfer shall likewise be

retransferred; and, thereafter, they shall be deemed officers and

employees of the city or town from which they were originally

transferred, and they shall retain their civil service status, rights

and privileges.

2. When, pursuant to the provisions of this chapter, the functions,

powers and duties exercised by a county in the administration of public

assistance and care are transferred or assigned, in whole or in part, to

a city, or are assumed in part by a city or town which elects, pursuant

to this chapter or any other law, to constitute itself a public welfare

district, provision shall be made for the city or town to employ so much

of the staff employed by such county in the administration and execution

of the functions, powers and duties so transferred, assigned or assumed

as may be practicable and necessary. Officers and employees shall be

transferred without further examination or qualification and they shall

retain their respective civil service classification and status provided

that, in determining the officers and employees to be transferred to the

city or town, such officers and employees shall be selected within each

grade of each class of positions in the order of their original

appointment in the service of the county. Officers and employees in the

competitive class of the civil service of the county who are not

transferred to the city or town shall have their names entered upon

appropriate county preferred lists, pursuant to section thirty-one of

the civil service law. Temporary and provisional employees may be

transferred and shall, thereafter, be subject to such examinations as

are required by law. If the functions transferred are retransferred in

accordance with the provisions of this chapter, upon such retransfer,

the officers and employees who are transferred and who are employed by

the city on the date of such retransfer shall likewise be retransferred;

and, thereafter, they shall be deemed officers and employees of the

county, and they shall retain their civil service status, rights and

privileges.

City commissioners of public welfare; appointment of staff. 1.

There shall be a city commissioner of public welfare in each city public

welfare district, who shall administer the public assistance and care

for which the city public welfare district is responsible.

2. The officer appointed, in accordance with section one hundred

sixteen of this chapter, to administer public assistance and care in a

city which is constituted a city public welfare district, shall have the

powers and perform the duties of the city commissioner of public

welfare.

3. When the duties of a city commissioner are by the provisions of

special or local law relating to the city assigned to more than one

department of the city government, the administrative officer of each

such department shall have such of the powers and perform such of the

duties of a city commissioner as may be applicable to the work assigned

to such department, and all the provisions of this chapter shall be so

interpreted.

4. The city commissioner of public welfare shall appoint deputy

commissioners, assistants and employees authorized by the legislative

body of the city and shall direct their work. When authorized by such

legislative body such city commissioner may appoint attorneys to perform

duties other than those assigned to the corporation counsel or city

attorney. However, if such city commissioner shall approve and if

authorized by such legislative body, such attorneys may, in addition to

performing the duties assigned to them by such city commissioner, be

deputized by the corporation counsel or city attorney to perform duties

on his behalf in connection with the work of the welfare department.

The city commissioner shall appoint physicians to visit sick persons in

their homes when authorized by the legislative body of such city.

Citizens advisory committees. In accordance with federal and

state regulations, each city social services commissioner shall appoint

a citizens advisory committee or committees to exercise and perform such

functions, powers and duties as the regulations of the department may

require.

Plan for the homeless. The mayor of New York city shall submit

to the legislature and the governor a copy of the revised and updated

five-year plan for housing the homeless in New York city which is

required under section 21-121 of the administrative code of the city of

New York, no later than February fourteenth of each year.

Records. All social services officials shall keep the records

required by this chapter and the department.

Reports. 1. The county commissioner shall make: (a) Such

reports and furnish such information to the department with respect to

the work of the county social services district as is required by this

chapter and the department.

(b) An annual report to the board of supervisors concerning the work

of the county social services district and additional reports at such

times and covering such facts as the board of supervisors may require.

(c) If any of the cost of assistance and care paid for by the county

social services district is charged back to the towns and cities

thereof, a report to the county treasurer at the end of the fiscal year,

stating the per capita maintenance cost per day in the county home and

an itemized statement of the amount to be charged each town and city for

the assistance and care given either in the county home or elsewhere to

persons residing or found in each town or city and a statement of all

expenditures and receipts in behalf of such persons.

(d) Current reports to the city and town social services officers of

persons residing in their cities and towns who are in receipt of public

assistance and care from the county.

2. A town social services officer shall make:

(a) An annual report to the town board concerning his work and

additional reports at such times and covering such facts as the town

board may require.

(b) An annual report to the county commissioner and any additional

reports at such time and covering such facts as may be required by the

county commissioner or the department.

3. A city commissioner of social services shall make:

(a) Such reports to the department with respect to his work as are

required by this chapter and the department.

(b) An annual report to the mayor of the city or to any other

official or board authorized to receive such report and additional

reports at such times and covering such facts as may be required.

4. Such annual reports shall include an itemized statement of all

money received by the social services official and all money expended by

him, and a detailed statement in regard to the recipients of public

assistance and care. Town and city social services officers shall

furnish the county commissioner with all data, relating to their work

and persons in receipt of public assistance and care, necessary to

enable the county commissioner to make the reports required by the

department.

Accounts. All social services officials shall keep such

accounts regarding the receipt and disbursements of the social services

funds, and of any trust funds, as may be required by law or directed by

the department.

County social services funds. 1. The county treasurer shall

be the treasurer of the county social services district.

2. Except as hereinafter provided, disbursements for administration

and public assistance and care from county social services funds shall

be made only on warrants drawn by the county commissioner for the

payment of bills and claims, in accordance with the provisions of law

relating to such county and after audit by such county commissioner,

except that in counties having a county comptroller or a county auditor

such claims shall be audited by the county comptroller or county auditor

after approval by the county commissioner.

3. Payments for board and incidental expenses of children cared for

in boarding homes or in the homes of relatives or in institutions

maintained by an authorized agency provided under title two of article

six or on order of the family court of the county, may be made upon

schedules showing the names of the persons or institutions with whom

such children are boarded, the names of children boarded with each of

them, the monthly rate of board to be paid for each such child, the

period covered by each such schedule, the amount due for the board of

each child during such period, an itemized account of the amount allowed

for incidentals, if any, in the case of each child, and the total amount

due to each such person or institution, verified by the commissioner and

audited as hereinbefore provided and without the presentation of

verified bills or claims by such persons or institutions.

County commissioner's revolving fund. A board of supervisors

may authorize the county treasurer to furnish the county commissioner

with an emergency revolving fund. Moneys from this fund shall be used

only where it would be a hardship on the applicant or recipient to wait

for the issuance of a grant in accordance with regularly established

disbursement procedures. Reimbursement of expenditures from this fund

shall be made at least monthly upon the presentation of itemized

statements or vouchers chargeable to the appropriate programs of

assistance in accordance with established procedures.

Monthly reports of county commissioner to county treasurer.

The county commissioner shall pay over to the county treasurer on or

before the tenth day of each month all money received by him in

connection with the work of his public welfare district and make a

report giving the source of all such receipts during the preceding

calendar month.

Town public welfare funds. 1. The taxes levied for public

assistance and care in a town shall be paid to the town supervisor, who,

without prior audit, shall disburse them on written order of the town

public welfare officer for the payment of bills and claims submitted in

accordance with the provisions of law relating to such town. All such

bills and claims shall be filed annually with the town clerk.

2. The town supervisor shall, without prior audit, issue individual

checks to persons as authorized by the town welfare officer on forms as

either prescribed or approved by the state department of social welfare,

or such supervisor shall pay over to the town welfare officer for use as

a revolving fund such amount as the town board authorizes. When a

revolving fund has been established, the town welfare officer shall,

furnish to the town a bond in such penal sum and with such sureties as

the town board may approve, conditioned upon the faithful discharge of

his duties. Whenever a revolving fund has been established the welfare

officer shall pay all welfare claims for which the town is legally

responsible excepting salaries and other compensations from such

revolving fund. Upon receiving such revolving fund the town welfare

officer shall deposit such sum of money received in an official bank

account, in the bank or trust company designated for such purpose by the

town board, and he shall also enter in a suitable book or books kept by

him for that purpose a record of the receipts and payments of such

revolving fund. From appropriations for town welfare purposes the town

supervisor shall, each month, on presentation by the town welfare

officer of bills and claims, submitted in accordance with the provisions

of law relating to such town, and statements of other disbursements on

forms as either prescribed or approved by the state department of social

welfare, reimburse such revolving fund for the amount of disbursements

therefrom during the preceding month.

City public welfare funds. The taxes levied for public

assistance and care in a city, or in a city public welfare district,

shall be paid to the city treasurer, or the commissioner of finance in

the city of New York, and disbursed in accordance with the provisions of

law relating to such city for the payment of bills and claims, provided

such provisions of law are not inconsistent with the provisions of this

chapter.

Special funds. 1. When a county commissioner shall receive any

money as guardian of a minor or to be used for some particular person or

purpose, he shall deposit it with the county treasurer, who shall keep

such money in a special account to be drawn on by the county

commissioner for the person or purpose designated.

2. When a town social services officer shall receive such money he

shall deposit it in a bank approved by the town supervisor to be drawn

on by the town social services officer and the town supervisor jointly

for the person or purpose designated.

3. When a city commissioner of social services shall receive such

money, he shall deposit it with the official having charge of the funds

of such city, who shall keep it either in a separate account to be

requisitioned by the city commissioner or in one or more common trust

funds established and maintained pursuant to the charter of such city.

Responsibility for adequate appropriations. It shall be the

duty of the board of supervisors of a county, the town board of a town

and the appropriating body of a city to make adequate appropriations and

to take such action as may be necessary to provide the public assistance

and care required by this chapter.

Estimates in county public welfare districts. 1. The county

commissioner shall submit annually, in the manner prescribed by and on

or before the date fixed by or pursuant to law, an itemized estimate of

revenues and the amount of money needed for the ensuing fiscal year for

the public assistance and care for which the county is responsible, and

for the administration thereof.

2. A town social services officer shall prepare and file annually with

the town budget officer and the county commissioner of social services,

at the time specified in section one hundred four of the town law, an

itemized estimate of the amount needed for the ensuing year for

administration and for public assistance and care. The town board shall

include the amount necessary to be raised by tax in the annual estimate

submitted to the board of supervisors as provided by the town law.

3. (a) A city public welfare officer shall submit an itemized estimate

of the amount needed for the ensuing year for administration and public

assistance and care to the mayor or other authority provided by law and

to the county commissioner of public welfare.

(b) When, pursuant to the provisions of title three-a of this article,

the county commissioner is administering the public assistance and care

for which a city is responsible, and there is no city public welfare

officer, the county commissioner shall make and submit an estimate for

the city in the place and stead of a city public welfare officer.

Appropriations in county public welfare districts. 1. (a)

The board of supervisors shall appoint a committee of its members to

consider the estimates presented by the town boards in the county public

welfare district. If any town shall fail to submit an estimate as

provided by the previous section, the county commissioner shall prepare

and submit to such committee an estimate of the amount needed for

administration and public assistance and care in such town. The

committee shall recommend to the board of supervisors the amount it

considers necessary for the ensuing fiscal year for the various forms of

public assistance and care and administrative expenses in each of the

towns in the county public welfare district.

(b) The board of supervisors shall approve an estimate for each town

in the county public welfare district and shall levy taxes in each such

town for the amount of the approved estimate for such town.

2. The legislative body of a city forming part of a county public

welfare district shall appropriate the amount it considers necessary for

administration and public assistance and care in such city and shall

cause taxes to be levied for the amount of such appropriation.

Nothing contained in this section shall be construed to prevent the

financing of any such expenditure, in whole or in part, pursuant to the

local finance law.

3. The board of supervisors shall appropriate, in the manner provided

by law, the amount it considers necessary for the ensuing fiscal year

for the various forms of public assistance and care and administrative

expenses in the county public welfare district and shall cause the

necessary taxes to be levied therefor in the territory of the county

public welfare district.

Taxes for county public welfare districts. Taxes for each

form of assistance or care administered by the county public welfare

district shall be levied only in the territory in which the county

public welfare district is responsible for the administration of such

form thereof.

Estimates and appropriations in city public welfare districts.

The city commissioner of public welfare shall present to the mayor or

other authority provided by law in such city an itemized estimate of the

amount of money needed for the ensuing year for the administration of

the city public welfare district and for public assistance and care.

The legislative body of the city public welfare district shall

appropriate the amount necessary for such purpose and shall cause taxes

to be levied for the amount of such appropriation.

Nothing contained in this section shall be construed to prevent the

financing of any such expenditure, in whole or in part, pursuant to the

local finance law.

Deficiency appropriations. 1. (a) Should the sums

appropriated for medical assistance for needy persons, family

assistance, or care and protection of children pursuant to article six

of this chapter and their administration be expended or contracted or

become exhausted during the year for the purposes for which they were

appropriated, or should no appropriation have been made, additional sums

shall be appropriated by the proper appropriating bodies, as occasion

demands, to carry out the provisions of this chapter.

(b) In cities such additional sums if appropriated shall be paid from

unexpended balances not required by law to be expended for a specific

purpose, or from contingent funds when such exist.

(c) In counties, such additional appropriations shall be paid from

funds in the county treasury available therefor, provided that such

funds were raised by taxes levied in a territory identical with that in

which such sums may be expended, and then only to the extent of any

excess thereof not needed for other purposes under other provisions of

this chapter.

(d) Nothing contained in this section, however, shall be construed to

prevent the financing of such deficiency appropriations pursuant to the

local finance law.

2. All the provisions of subdivision one in regard to cities shall be

applicable to towns in Dutchess county, and, in every city or town

thereof, except in the city of Poughkeepsie, the amount of such

additional sums must first be approved by the county commissioner of

public welfare by writing filed with the city or town clerk.

Provisions for financing home relief. 1. Definitions. When

used in this section:

(a) Home relief means home relief as defined in section one hundred

fifty-seven and also includes all administrative expenses of home

relief.

(b) Local share of home relief means the total cost or estimated cost

of home relief after deducting the amount or the estimated amount of

state aid received or to be received therefor under the then existing

law and rules.

(d) City means any city responsible for the administration of home

relief.

2. Estimates and appropriations. Each county, city and town shall

make an annual estimate and appropriation of the total amount required

for the fiscal year for home relief in accordance with this article.

Such estimates shall show not only the total amount so required, but the

estimated state aid to be received, and the estimated local share of

home relief.

3. Additional appropriations to supply deficiencies in the annual

appropriations. Should the sum or the aggregate of the sums

appropriated or amounts available and authorized to be expended in any

county, city or town be less than the amount required in any year for

home relief, supplemental appropriations may be made from time to time,

and in that case not less than the same percentage of the local share of

home relief included in such supplemental appropriations may be raised

by taxes levied for the next fiscal year as would have been raised by

taxes for the current fiscal year if the amount of supplemental

appropriation had been contained in the annual appropriation for the

current fiscal year.

6. County taxes. County taxes for the payment of obligations and

interest thereon, issued for home relief shall be a charge upon the

entire county but shall be levied in the first instance against all the

taxable property in the territory in which the county public welfare

district is responsible for the administration of such home relief.

8. Notwithstanding any inconsistent provision of this section, until

the commencement of the fiscal year in any county, city or town next

following December first, nineteen hundred forty-six, the local share of

the cost of home relief in any year, in lieu of being raised by tax, may

be paid from any other funds available, provided, however, no monies

shall be borrowed to pay the cost of home relief.

Federal donated commodities. 1. (a) Until his social services

district has been included in the food stamp distribution program or

programs under section ninety-five, each commissioner of social services

is authorized and required, in accordance with regulations of the

department, to assist needy families and individuals of his social

services district to obtain federal donated commodities for their use,

by certifying, when such is the case, that they are eligible to receive

such commodities, and by distributing such commodities to eligible

families and individuals. However, only those who are receiving or are

eligible for public assistance or care and such others as may qualify in

accordance with federal requirements and standards promulgated by the

department shall be certified as eligible to receive such commodities.

(b) Each commissioner of social services shall develop and submit to

the department for its approval a plan describing his district's

operations under this section, which plan shall accord with federal and

state requirements.

2. Federal donated commodities shall not be deemed or construed to be

public assistance and care or a substitute, in whole or in part,

therefor; and the receipt of such commodities by eligible families and

individuals shall not subject them, their legally responsible relatives,

their property or their estates to any demand, claim or liability on

account thereof.

3. A person's need or eligibility for public assistance or care shall

not be affected by his receipt of federal donated commodities.

4. Any inconsistent provisions of law notwithstanding, expenditures

made by social services districts for the purpose of certifying

eligibility of needy families and individuals for federal donated

commodities and for distributing such commodities to them shall be

deemed to be expenditures for the administration of public assistance

and care and shall be subject to reimbursement by the state in

accordance with the provisions of section one hundred fifty-three to the

extent of one hundred percentum thereof.

Supplemental nutrition assistance program (SNAP). 1. (a) The

office is authorized to submit any plan required by the federal

government to participate in the supplemental nutrition assistance

program (SNAP) to the secretary of the United States department of

agriculture for approval, and to act for the state in any negotiations

relative to the submission and approval of such plan, and may make such

arrangements and take such action, not inconsistent with law, as may be

required to obtain and retain such approval, to implement such plan, and

to secure for the state the benefits available.

(b) The office is authorized to accept a designation, in accordance

with the provisions of section twenty-nine of this chapter, under any

other federal law which may make SNAP benefits available for needy

families and individuals, and to perform such functions as may be

appropriate, permitted or required by or pursuant to such law.

2. The office is empowered, with the consent and approval of the

governor, to delegate or assign to any other office or agency of the

state the performance of such function or functions under the plan or

designation as may be appropriate and permitted or required by the

appropriate federal law or regulations. Any state department or agency

is hereby empowered and required to perform the function or functions so

delegated or assigned to it.

3. (a) Each commissioner of social services is authorized and

required, in accordance with regulations of the office, to make

application for inclusion of his or her social services district in the

federal supplemental nutrition assistance program plan or plans and to

assist needy families and individuals of his or her social services

district to obtain nutritionally adequate diets through participation in

such federal plan or plans. However, only those persons who qualify for

SNAP benefits in accordance with federal and state requirements, and

standards promulgated by the office, shall be certified as eligible to

receive such benefits.

(b) Each commissioner of social services is authorized and required,

subject to state and federal requirements therefor, to act on behalf of

the office and receive, store, and issue SNAP benefits, either directly,

or with the approval of the office, through a banking institution and/or

other appropriate public or private agency.

(c) Each commissioner of social services shall develop and submit to

the office for its approval a plan describing his or her district's

operations under this section, which plan shall accord with federal and

state requirements.

4. A person's need or eligibility for public assistance and care shall

not be affected by his or her receipt of SNAP benefits.

5. Any inconsistent provision of law notwithstanding, the value of any

SNAP benefits provided an eligible person shall not be considered income

or resources for any purpose, including taxation.

6. (a) Any inconsistent provision of law notwithstanding, expenditures

made by a social services district for the purpose of certifying

eligibility of needy families and individuals, including those who are

not in receipt of public assistance and care, for SNAP benefits, and for

distributing and redeeming such benefits shall be deemed to be

expenditures for the administration of public assistance and care, and

shall be subject to reimbursement by the state in accordance with the

provisions of section one hundred fifty-three of this chapter to the

extent of one hundred percent in accordance with paragraph (b) of this

subdivision.

(b) Such expenditures for supplemental nutrition assistance program

administrative costs shall be subject to reimbursement by the state in

accordance with regulations to be promulgated by the office, which

regulations shall be subject to the approval of the director of the

budget, shall be consistent with federal law and regulations, and shall

be based on:

(i) an allocation of administrative costs attributable to both SNAP

benefits and safety net assistance to permit maximum use of federal

funds; and

(ii) an allocation of administrative costs attributable to both SNAP

benefits and temporary assistance for needy families such that only

those administrative costs that cannot be allocated to temporary

assistance for needy families are allocated to supplemental nutrition

assistance program, provided, however, that if federal law, regulations,

or cost allocation procedures require those administrative costs that

may be allocated to be allocated between temporary assistance for needy

families and SNAP benefits, then the administrative costs so allocated

to SNAP benefits shall be reimbursed as costs of public assistance and

care in accordance with the provisions of paragraphs a and d of

subdivision one of section one hundred fifty-three of this chapter.

7. a. When an eligible recipient under this section is issued an

authorization to participate in the supplemental nutrition assistance

program by written or electronic means, such authorization to

participate:

(i) May be redeemed for SNAP benefits at designated redemption centers

by the recipient or by an authorized representative. When an eligible

recipient under this section is issued SNAP benefits, such SNAP benefits

may be used to purchase food items from a food distributor by the

recipient or by an authorized representative. Any other transfer or

sale of authorizations to participate or SNAP benefits shall constitute

an unauthorized use of said authorizations or benefits;

(ii) Shall require the office of temporary and disability assistance

to provide the state education department a dataset which contains a

listing of students ages three to eighteen who receive federal

assistance through the supplemental nutrition assistance program (SNAP)

and temporary assistance to needy families (TANF).

(iii) The state education department shall make such dataset available

to all schools (public and nonpublic) that participate in: the National

School Lunch, School Breakfast, Summer Food Service, or Special Milk

programs with a free milk option of the availability of such dataset.

(iv) All schools identified in subparagraph (iii) of this paragraph

shall access such dataset outlined in subparagraph (ii) of this

paragraph at least three times a year and identify such child as

eligible for free meals/milk and such child may receive free meals/milk

without further application. Upon identification, such school shall

notify the student's parent or guardian of such eligibility. Such

notification shall also contain an opportunity to decline the receipt of

free meals/milk. In the event a school receives notification to decline

the free meals/milk benefit the child shall be removed from the free

eligibility list in such program.

(b) For the purposes of this subdivision, "authorized representative"

shall be defined in regulations promulgated by the commissioner.

8. Except as part of a transaction pursuant to subdivision seven of

this section or as necessary for a food distributor to redeem SNAP

benefits subsequent to such a transaction, any acquisition, acceptance,

purchase, possession, sale, transfer, alteration or manufacture of

authorizations to participate or SNAP benefits, real or counterfeit, by

any person shall constitute an unauthorized use of said authorizations

or benefits. For purposes of this subdivision, the term "person" shall

mean any individual, corporation, partnership, association, agency, or

other legal entity, or any part thereof.

9.(a) The parent or other individual who is living with and exercising

parental control over a child under the age of eighteen who has an

absent parent is not eligible to participate in the supplemental

nutrition assistance program if such person refuses to cooperate with

the office in establishing the paternity of the child (if the child is

born out of wedlock) and in obtaining support for the child or the

parent (or other individual) and the child. This paragraph does not

apply to the parent (or other individual) if the office determines that

there is good cause for the refusal to cooperate.

(b) A putative or identified noncustodial parent of a child under the

age of eighteen is not eligible to participate in the supplemental

nutrition assistance program if such individual refuses to cooperate

with the office in establishing the paternity of the child (if the child

is born out of wedlock) and in providing support for the child. The use

of the information collected pursuant to this paragraph shall be limited

to the purposes for which the information is collected and is subject to

the confidentiality provisions set forth in section one hundred

thirty-six of this chapter.

(c) To the extent not inconsistent with federal law and regulations,

an individual is not eligible to participate in the supplemental

nutrition assistance program as a member of any household if the

individual is under court order to pay child or combined child and

spousal support and has accumulated support arrears equivalent to or

greater than the amount of current support due for a period of four

months.

10. Notwithstanding any other provision of law to the contrary, the

office shall develop a brief, simplified application form for the

supplemental nutrition assistance program only. The office shall develop

the form in consultation with food stamp outreach organizations and

consider how the form may be used to reach as many potential applicants

as possible, especially those over sixty years of age and those who are

employed.

11. (a) Notwithstanding any other provision of law to the contrary,

the office shall establish a statewide restaurant meals program as part

of SNAP. Under the restaurant meals program, households containing

elderly or disabled members, and their spouses, as defined in 7 U.S.C.

2012(j), or homeless individuals, as defined in 7 U.S.C. 2012(l), shall

have the option in accordance with 7 U.S.C. 2012(k) to redeem their SNAP

benefits at private establishments that contract with the office to

offer meals for eligible individuals at concessional prices subject to 7

U.S.C. 2018(h).

(b) The office shall adopt any rules necessary to implement the

provisions of this subdivision.

State food stamp outreach program. 1. In accordance with

federal requirements and to the extent that federal matching funds are

available, the department shall develop and implement an outreach plan

to inform low-income households potentially eligible to receive food

stamps and to encourage the participation of eligible households that

wish to participate.

2. In developing and implementing such a plan the department and/or

its local districts are authorized and empowered, subject to the

approval of the director of the budget and provided that federal aid is

available therefor, to enter into contractual agreements with public

and/or private organizations to develop and implement local, regional,

and statewide outreach programs.

3. Each commissioner of social services shall develop and submit to

the department on an annual basis for its approval, a local outreach

plan governing the use of local social services personnel and services

provided by federally funded and other agencies and organizations to

inform potentially eligible households of the availability and benefits

of the program and to encourage and facilitate the participation of

eligible households. The department shall provide commissioners of

social services with technical assistance as needed to carry out the

provisions of this subdivision.

4. As part of each local outreach plan, social services officials

shall take all steps necessary to maintain a supply of information

leaflets in public buildings, including but not limited to local

unemployment insurance and employment services offices of the department

of labor, institutions and facilities under the supervision or control

of the department of health, food stores, union halls, community centers

and local agencies providing services to the elderly to help insure that

eligible persons are informed of the food stamp program.

5. The department shall periodically distribute to all newspapers, and

to television and radio stations throughout the state, public service

announcements describing the food stamp program, including the toll-free

telephone numbers for food stamp information, and shall promptly inform

such media of significant changes in the program affecting eligibility

requirements and/or the amount of the food stamp bonus.

6. The department shall establish procedures in cooperation with the

industrial commissioner of the department of labor to ensure that

informational leaflets about the food stamp program are sent to each

local employment services office for distribution pursuant to section

five hundred and forty of the labor law. Each leaflet shall include but

not be limited to: the phone number for the New York State food stamp

hotline, estimated maximum income eligibility levels by household size

for participation in the food stamp program and the availability of

local social services departments to provide additional information

about the program.

7. In accordance with applicable federal laws, rules and regulations

the department shall make available appropriate bilingual materials so

that potentially eligible non English speaking individuals may be

informed about the food stamp program.

8. The department shall promulgate rules and regulations, and take all

other actions necessary for the effective implementation of this

section.

Use of subprofessional staff. Any inconsistent provision of

law, general, special or local notwithstanding, a local social services

district shall provide for the training and use of subprofessional

staff, with particular emphasis on the use of public assistance

recipients in accordance with state and federal requirements.

Low-income home energy assistance program. 1. The department is

authorized to develop and submit to the governor the application and

plan required by title twenty-six of the federal omnibus budget

reconciliation act of nineteen hundred eighty-one, and to amend and to

take whatever other action may be necessary with respect to such plan,

including, but not limited to, acting for the state in any negotiations

relative to the submission of such plan, and making such arrangements

and taking such action, not inconsistent with law, as may be required to

submit, implement, administer and operate such plan, and to secure for

the state the benefits available under such act.

2. Each social services district shall be required, in accordance with

the state plan and federal regulations, to participate in the federal

low-income home energy assistance program and to assist eligible

households found in such districts to obtain low-income home energy

assistance. However, only those persons who qualify for low-income home

energy assistance in accordance with federal and state requirements, and

standards promulgated by the department, shall be certified as eligible

for and entitled to receive said home energy assistance. No person,

however, shall be certified as eligible for and entitled to receive said

home energy assistance if no federal funds are available for such

purpose.

3. Any inconsistent provision of law notwithstanding, the amount of

any home energy assistance payments or allowances provided to an

eligible household under said plan shall not be considered income or

resources of such households, or of any member thereof, for any purpose

under any federal or state law, including any law relating to taxation,

food stamps, public assistance or other benefits available pursuant to

this chapter.

4. Expenditures made by a social services district pursuant to the

federal low-income home energy assistance program, including the costs

of administration, shall be subject to one hundred percent reimbursement

by the state, if and for so long as federal funds are available for the

full amount of such expenditures.

5. No less than fifteen percent of the funds available to New York

state under the federal low-income home energy assistance program shall

be used for low-cost residential weatherization or other energy-related

home repair for low-income households, as follows:

a. No less than ten percent of the funds available to New York state

under the federal low-income home energy assistance program shall be

allocated to the division of housing and community renewal, the housing

trust fund corporation, or the housing finance agency as designated by

the division of housing and community renewal for the weatherization

assistance program and other low-cost residential weatherization or

other energy-related home repair for low-income households. All such

programs and expenditures shall be provided in the annual New York state

weatherization assistance program state plan or by agreement with the

office of temporary and disability assistance.

b. Administrative funds to implement the program described in this

subdivision at the state and local levels shall be set at ten percent of

the total amount allocated to the division of housing and community

renewal. Administrative monies shall be derived from funds identified by

the division of the budget as that portion of the home energy assistance

program grant reported to the federal department of health and human

services for state administration of such program.

Liability of relatives to support. 1. Except as otherwise

provided by law, the spouse or parent of a recipient of public

assistance or care or of a person liable to become in need thereof

shall, if of sufficient ability, be responsible for the support of such

person, provided that a parent shall be responsible only for the support

of a child under the age of twenty-one years. Step-parents shall in

like manner be responsible for the support of step-children under the

age of twenty-one years. Nothing herein shall impose any liability upon

a person to support the adopted child of his or her spouse if such child

was adopted after the adopting spouse is living separate and apart from

the non-adopting spouse pursuant to a legally recognizable separation

agreement or decree under the domestic relations law. Such liability

shall not be imposed for so long as the spouses remain separate and

apart after the adoption.

2. The liability imposed by this section shall be for the benefit of

the public welfare district concerned or any legally incorporated

non-profit institution which receives payments from any governmental

agency for the care of medically indigent persons, and such liability

may be enforced by appropriate proceedings and actions in a court of

competent jurisdiction. Such proceedings and actions may be brought by

such an institution in any court wherein a similar proceeding or action

could be brought by a public welfare official.

3. The expiration of any period of time for the payment of maintenance

by a court in a matrimonial action shall not be a bar to the enforcement

of the liability imposed by this section.

Proceedings to compel support by persons in need thereof. A

recipient of public assistance or care or a person liable to become in

need thereof may bring proceedings in a court of competent jurisdiction

against any person responsible for his or her support as provided in

section one hundred one of this chapter to compel any such person so

responsible to provide for or contribute to such support.

Powers of public welfare officials to bring and defend suits.

A public welfare official responsible, by or pursuant to any provision

of this chapter, for the administration of the public assistance or care

granted or applied for is empowered to bring proceedings in a court of

competent jurisdiction

1. to compel any person liable by law for support to contribute to

the support of any person cared for at public expense, or person liable

to become so dependent. A bond may be required of such person liable

for support to indemnify the public welfare district against the cost of

the support of such person;

2. to recover penalties, forfeitures and prosecute any bonds,

undertakings and recognizances;

3. and defend in any court all matters relating to the support of

persons at public expense.

Seizure of property of persons liable for support. The

responsible public welfare official may apply to a court having

jurisdiction in actions involving an amount equal to the value of

property to be seized for a warrant to seize the real or personal estate

of a person who absents himself, leaving any one for whose support he is

liable dependent upon public support or liable to become so dependent.

If such a warrant be issued, the public welfare official may seize the

property and apply the proceeds as directed by the court.

Recovery from a person discovered to have property. 1. A public

welfare official may bring action or proceeding against a person

discovered to have real or personal property, or against the estate or

the executors, administrators and successors in interest of a person who

dies leaving real or personal property, if such person, or any one for

whose support he is or was liable, received assistance and care during

the preceding ten years, and shall be entitled to recover up to the

value of such property the cost of such assistance or care. Any public

assistance or care received by such person shall constitute an implied

contract. No claim of a public welfare official against the estate or

the executors, administrators and successors in interest of a person who

dies leaving real or personal property, shall be barred or defeated, in

whole or in part, by any lack of sufficiency of ability on the part of

such person during the period assistance and care were received.

Nor shall the claim asserted by a public welfare official against any

person under this section be impaired, impeded, barred or defeated, in

whole or in part, on the grounds that another person or persons may also

have been liable to contribute.

In all claims of the public welfare official made under this section

the public welfare official shall be deemed a preferred creditor.

2. No right of action shall accrue against a person under twenty-one

years of age by reason of the assistance or care granted to him unless

at the time it was granted the person was possessed of money and

property in excess of his reasonable requirements, taking into account

his maintenance, education, medical care and any other factors

applicable to his condition.

3. To the extent described in section 7-1.12 of the estates, powers

and trusts law, the trustee of a supplemental needs trust which conforms

to the provisions of such section 7-1.12 shall not be deemed to be

holding assets for the benefit of a beneficiary who may otherwise be the

subject of a claim under this section and no action may be brought

against either the trust or the trustee to recover the cost of

assistance or care provided to such person, or anyone for whose support

such person is or was liable.

4. Any inconsistent provision of this chapter or of any other law

notwithstanding, a social services official may not assert any claim

under any provision of this chapter to recover payments of public

assistance if such payments were reimbursed by child support

collections.

Transfer of property for the purpose of qualifying for

assistance; presumption. For the purposes of the provisions of this

chapter disqualifying a person from eligibility for a category of public

assistance or care by reason of his voluntary transfer of property, a

transfer of property made within one year from the date of the person's

application for such assistance shall be presumed to have been made for

the purpose of qualifying for such assistance.

Liens for public assistance and care on claims and suits for

personal injuries. 1. If a recipient of public assistance and care shall

have a right of action, suit, claim, counterclaim or demand against

another on account of any personal injuries suffered by such recipient,

then the public welfare official for the public welfare district

providing such assistance and care shall have a lien for such amount as

may be fixed by the public welfare official not exceeding, however, the

total amount of such assistance and care furnished by such public

welfare official on and after the date when such injuries were incurred.

In all such cases, notice of the commencement of such an action shall be

served upon the public welfare district that has provided or is

providing such assistance and care, or upon the department of health.

The commissioner shall endeavor to ascertain whether such person, firm

or corporation alleged to be responsible for such injuries is insured

with a liability insurance company, as the case may be, and the name

thereof.

2. No such lien shall be effective, however, unless a written notice

containing the name and address of the injured recipient, the date and

place of the accident, and the name of the person, firm or corporation

alleged to be liable to the injured party for such injuries, together

with a brief statement of the nature of the lien, the amount claimed and

that a lien is claimed upon the said right of action, suit, claim,

counterclaim or demand by the public welfare official be served prior to

the payment of any moneys to such injured party, by certified with

return receipt or registered mail upon such person, firm or corporation,

and his or her, its or their attorney, if known, and upon any insurance

carrier which has insured such person, firm or corporation against such

liability. A copy of the notice of lien shall be mailed to such carrier

at least twenty days prior to the date on which such carrier makes a

payment to the injured party. Except as against such carrier, the

effectiveness of the lien against any other party shall not be impaired

by the failure to mail the required notice to such carrier. In addition,

a true copy of such notice shall be served by regular mail to the

welfare recipient and to his or her attorney, if known. Such mailing

shall be deemed to be effective, notwithstanding any inaccuracy or

omission, if the information contained therein shall be sufficient to

enable those to whom the notice is given to identify the injured

recipient and the occurrence upon which his or her claim for damages is

based.

3. Upon the service of the notice, as aforesaid, the local public

welfare official shall file a true copy thereof in the office of the

clerk of the county in which his office is located, and, thereupon the

lien of the public welfare official in the amount therein stated shall

attach to any verdict, decision, decree, judgment, award or final order

in any suit, action or proceeding in any court or administrative

tribunal of this state respecting such injuries, as well as the proceeds

of any settlement thereof, and the proceeds of any settlement of any

claim or demand respecting such injuries prior to suit or action.

4. An amended notice of lien may be served and filed by such public

welfare official in the same manner and subject to the provisions of

this section governing the notice of lien originally served and filed

pursuant to this section.

5. (a) The person, firm, corporation or insurance carrier, having

notice that a social services official has served and filed a notice of

lien, and intending to make payment on the personal injury claim upon

which the lien was filed, shall notify the social services official by

certified or registered mail, at least ten days prior to the date such

payment is proposed to be made, of the amount and date thereof.

(b) Notwithstanding any inconsistent provision of this section, the

social services official shall have the right to serve and file by

certified or registered mail, within five days after receipt of such

notice, excluding Saturdays, Sundays, and holidays, an amended notice of

lien to include the amount of public assistance and care furnished to

the recipient after the date such official served and filed the notice

of lien or the last previous amendment thereof.

(c) A person, firm, corporation or insurance carrier that fails to

give the notice required by paragraph (a) of this subdivision shall be

liable to the social services official to the same extent that it would

have been liable had such notice been given and the social services

official had filed the amended notice of lien provided for in paragraph

(b) of this subdivision.

6. Such lien may be enforced by action against those alleged to be

liable for such injuries, as aforesaid, by the local public welfare

official in any court of appropriate jurisdiction.

7. The aforesaid lien shall be valid and effective, when the notice

thereof and the statement are served and filed as aforesaid, and shall

continue until released and discharged by the local public welfare

official by an instrument in writing and filed in the said county

clerk's office, and no release, payment, discharge or satisfaction of

any such claim, demand, right of action, suit or counterclaim shall be

valid or effective against such lien.

8. The county clerk shall, at the expense of the county, provide a

suitable book with proper index, to be called the public welfare lien

docket, in which he shall enter the names of the public welfare official

and the recipient, the date and place of the accident and the name or

names of those alleged to be liable for such injuries, as aforesaid.

9. The provisions of this section to the contrary notwithstanding, the

lien herein created shall be subject and subordinate to the lien on the

amount recovered by verdict, report, decision, judgment, award or

decree, settlement or compromise, of any attorney or attorneys retained

by any such injured person to prosecute his claim for damages for

personal injuries, having or acquiring by virtue of such retainer a lien

on the cause of action of any such injured person, or on the verdict,

report, decision, judgment, decree made in, or any settlement or

compromise of, any such action or claim for damages for personal

injuries.

10. The provisions of this section to the contrary notwithstanding,

the lien herein created shall be subordinate to the lien of any hospital

claimed under and to the extent recognized by section one hundred

eighty-nine of the lien law, but only for treatment, care and

maintenance given, prior to or in excess of the public assistance and

care granted by the public welfare official.

11. The provisions of this section shall not be deemed to adversely

affect the right of a public welfare official who has taken an

assignment of the proceeds of any such right of action, suit, claim,

counterclaim or demand, to recover under such assignment the total

amount of assistance and care for which such assignment was made.

12. The provisions of this section to the contrary notwithstanding,

the lien herein created shall not apply with respect to any claim or

benefits payable to the recipients of any form of public assistance or

care, part of which is paid for by the government of the United States

or any agency thereof when, in the opinion of the commissioner, such

lien would jeopardize the continuation of such federal contribution.

13. The provisions of this section to the contrary notwithstanding,

the public welfare official may in his discretion release to the injured

person an amount not to exceed the cost of two years' maintenance from

the lien herein created.

14. Any inconsistent provision of this chapter or of any other law

notwithstanding, a social services official may not assert any claim

under any provision of this chapter to recover payments of public

assistance if such payments were reimbursed by child support

collections.

This section shall not apply to any claim or award which is or may be

allowed pursuant to the provisions of the workers' compensation law or

the volunteer firefighters' benefit law.

Claim on insurance. If a person, who has received public

assistance or care, shall die leaving insurance, and the estate of the

assured is named as beneficiary, or no beneficiary is named, the social

services official shall be entitled to a preferred claim to be paid out

of such insurance to the amount of the cost of such assistance and care,

and for funeral expenses not to exceed two hundred fifty dollars. If

the insured leaves a surviving spouse or children under the age of

twenty-one years who are, or are liable to become, public charges, the

social services official may, in his discretion, waive his claim to such

insurance or any part thereof to which he would otherwise be entitled.

Exemption from payment of fees for instruments affecting

real or personal property; exemption of mortgages from mortgage

recording tax. Any inconsistent provision of law notwithstanding, a

social services official shall not be required to pay any fee to any

clerk, register or other public officer for entering, filing,

registering or recording any instrument affecting real or personal

property or to the surrogate court when such official in taking any

proceeding with respect to the estate of a person who was a recipient of

benefits from social services pertaining to the exercise by the social

services official of any of the powers conferred or duties imposed upon

him by any of the provisions of this chapter. Mortgages on real

property taken by social services officials pursuant to this chapter for

assistance and care of persons at public expense shall be exempt from

the mortgage recording taxes imposed by article eleven of the tax law.

The exemption from mortgage recording taxes herein provided shall also

apply to all mortgages heretofore taken by social services officials and

recorded without payment of mortgage taxes, retroactively to the date of

recording of such mortgages.

Adjustment for incorrect payments. Any inconsistent

provision of law notwithstanding, a social services official shall, in

accordance with the regulations of the department and consistent with

federal law and regulations, take all necessary steps to correct any

overpayment or underpayment to a public assistance recipient; provided,

however, that a social services official may waive recovery of a past

overpayment, in the case of an individual who is not currently a

recipient of public assistance, where the cost of recovery is greater

than the cost of collections as determined in accordance with department

regulations consistent with federal law and regulations. For purposes

of this section, overpayment shall include payments made to an eligible

person in excess of his needs as defined in this chapter and payments

made to ineligible persons (including payments made to such persons

pending a fair hearings decision). The commissioner shall promulgate

regulations to implement procedures for correcting overpayments and

underpayments. The procedures for correcting overpayments shall be

designed to minimize adverse impact on the recipient, and to the extent

possible avoid undue hardship. Notwithstanding any other provision of

law to the contrary, no underpayment shall be corrected with respect to

a person who is currently not eligible for or in receipt of home relief

or aid to dependent children, except that corrective payments may be

made with respect to persons formerly eligible for or in receipt of aid

to dependent children to the extent that federal law and regulations

require.

Crediting of overpayment of tax to obligation of public

assistance recipients. 1. The commissioner shall enter into an agreement

with the commissioner of taxation and finance which shall set forth the

procedures for the crediting of overpayments of tax owed to an

individual taxpayer, estate or trust to the repayment of overpayments of

grants and allowances owed to the department or a social services

district by such person pursuant to the provisions of section one

hundred seventy-one-f of the tax law and is authorized to furnish to the

commissioner of taxation and finance such information and to take such

other actions as may be necessary to carry out the agreement provided

for in such section, for the crediting of overpayments of tax to

repayment of overpayments of public assistance.

The department shall by regulation establish procedures by which any

individual, estate or trust which is the subject of a certification to

the department of taxation and finance in accordance with such agreement

may contest such certification. Such regulations and the notice required

by subdivision three of section one hundred seventy-one-f of the tax law

shall set forth defenses which may be available to the individual,

estate or trust to contest such certification and the manner in which a

review of the certification based on such defenses may be obtained.

2. In accordance with such agreement and the provisions of section one

hundred seventy-one-f of the tax law, the department shall be entitled

to receive payments to satisfy the payment obligation of a person

receiving or who has received grants and allowances pursuant to section

one hundred thirty-one-a, section one hundred thirty-one-s, section

three hundred one, and section three hundred fifty-j of this chapter, in

accordance with a written final determination of the department or a

social services district, provided that no proceeding for administrative

or judicial review shall then be pending and the time for initiation of

such proceeding shall have expired.

Disposal of seized property and penalties collected. All

properties seized and penalties collected shall be administered in

accordance with the direction of the court having jurisdiction. After

the expenses approved by the court have been paid the balance shall be

used for the maintenance of such person, or to reimburse the public

welfare fund for expenditures previously made for his assistance or

care.

Appointment of guardians for minors; notice of accounting. If

the beneficiary of such seized property or penalty which is collected

shall be a minor who is not in the custody of a parent and for whom no

guardian has been appointed, the court having jurisdiction over the

matter shall appoint a guardian of the property for such minor. Notice

of the accounting shall be given to the person, or the executors,

administrators or successors in interest of the person, for whose

support the property has been seized or the penalty collected, and to

the guardian of any minor affected thereby.

Trust funds to be established. A public welfare official

shall deposit any funds received from the seizure of property or

collection of penalties for the support of a living person. Such fund

shall, as provided in section eighty-seven, be held and used upon such

terms as the court shall direct for the benefit of such person. If the

beneficiary of the fund is a minor, the court may require the public

welfare official to give security and to report.

Special provisions for legal services to enforce support to

recover costs of public assistance and care and to establish paternity.

1. Any inconsistent provision of law notwithstanding, the appropriating

body of a social services district may authorize and make provision for

the social services commissioner of such district to obtain: (a)

necessary legal services on a fee for service basis or other appropriate

basis which the department may approve, to obtain support from spouses

and parents, to recover costs of public assistance and care granted, to

establish paternity, and to initiate and prosecute proceedings for the

commitment of the guardianship and custody of destitute or dependent

children to authorized agencies, pursuant to the provisions of this

chapter and the domestic relations law, the family court act and other

laws, and (b) necessary services of private investigators, licensed

pursuant to section seventy of the general business law, on a fee for

service or other appropriate basis which the department may approve, to

provide investigative assistance in efforts of the district to locate

absent parents and fathers of children born out of wedlock.

2. Expenditures made by a social services district for the costs of

such services shall be subject to reimbursement by the state pursuant to

the provisions of section one hundred fifty-three or other appropriate

provisions of this chapter.

Recovery from a person discovered to have property; notice.

Notwithstanding any law, rule or regulation to the contrary, an

applicant for public assistance shall be fully informed in writing that

he or she may be liable to reimburse the state for public assistance

benefits received, as provided for in this title. Notice may be given as

part of an informational booklet promulgated by the office of temporary

and disability services and as a standalone document on his or her

rights and responsibilities. Nothing in this section shall be deemed to

prevent the local social services district from maintaining its records

electronically.

Functions of the department. To assist welfare departments to

carry out their responsibilities, powers and duties to enforce the

liability of persons for the support of certain of their dependents who

are applicants for or recipients of public assistance or care or who are

in receipt of child support services pursuant to section one hundred

eleven-g of this chapter, the department shall:

1. Continue to act as, and perform the functions of, state

information agent for the purposes of the uniform interstate family

support act of this state (article 5-B of the family court act) and

reciprocal laws of other states.

2. As required by section three hundred seventy-two-a, aid in the

location of deserting parents and, for such purpose, operate a central

registry of deserting parents, obtain and transmit pertinent information

and data from public officials and agencies and assist in the training

of local personnel employed to locate such parents.

3. Stimulate and encourage cooperation, through the holding of

meetings and the exchange of information, between and among public

officials, law enforcement agencies and courts having powers and duties

relating to the enforcement of the liability of persons for the support

of indigent members of their families, including cooperation with public

officials, agencies and courts of other states.

4. Upon request, or when required to do so by other provisions of

law, advise such officials in the performance of their duties

hereinabove referred to.

5. Develop or assist in the development of appropriate forms, guides,

manuals, handbooks and other material which may be necessary or useful

effectively to accomplish the foregoing and the purposes therefor.

Federal aid; state plan. 1. The department is hereby

designated as the single state agency to supervise the administration of

the state's child support program provided for by this title, and a

single organizational unit shall be established within the department

for such purposes.

2. The department shall develop and submit a state child support

program plan as required by part D of title IV of the federal social

security act to the federal department of health, education and welfare

for approval pursuant to such part in order to qualify the state for

federal aid under such part. The department shall act for the state in

any negotiations relative to the submission and approval of such plan

and shall make such arrangements as may be necessary to obtain and

retain such approval and to secure for the state the benefits of the

provisions of such federal act relating to child support programs. The

department shall promulgate regulations not inconsistent with law as may

be necessary to assure that such plan conforms to the provisions of such

part and any federal regulations adopted pursuant thereto. The

department shall make all reports required by law to be made to such

federal department in the form and manner required by federal

regulations.

Functions, powers and duties of the department. 1. The single

organizational unit within the department shall be responsible for the

supervision of the activities of state and local officials relating to

establishment of paternity of children born out-of-wedlock, location of

absent parents and enforcement of support obligations of legally

responsible relatives to contribute for the support of their dependents.

2. The department is hereby authorized to accept, on behalf of the

state and the social services districts concerned, assignments of

support rights owed to persons receiving (i) aid to dependent children

pursuant to title ten of article five of this chapter or, (ii) where

appropriate, foster care maintenance payments made pursuant to title

IV-E of the federal social security act; provided however, that it will

not be appropriate where such requirement will have a negative impact

upon the health, safety or welfare of such child or other individuals in

the household or impair the likelihood of the child returning to his or

her family when discharged from foster care or, (iii) home relief

pursuant to title three of article five of this chapter. Notwithstanding

any inconsistent provisions of title six of this article or any other

provisions of law, the department may enforce such assigned support

rights either directly, through social services officials or, if there

is in effect an approved agreement between the social services official

and another governmental agency, through such other agency. In any

proceeding to enforce such assignment, the official bringing such

proceeding shall have the same rights as if the proceeding were being

brought to enforce section four hundred fifteen of the family court act.

2-a. The department shall prepare a notice which shall be distributed

by social services officials to persons who may be required to assign

support rights which notice shall explain the rights and obligations

that may result from the establishment of paternity and the right of the

assignor to be kept informed, upon request, of the time, date and place

of any proceedings involving the assignor and such other information as

the department believes is pertinent. The notice shall state that the

attorney initiating the proceeding represents the department.

3. In appropriate cases, the department is authorized to utilize

support enforcement and collection and location services made available

through the secretary of health and human services, including the

services of federal courts, the federal parent locator service, the

federal case registry of child support orders, the national directory of

new hires, and the treasury department, if and so long as authorized and

required by federal law.

4. The department shall maintain and operate a parent locator service

with respect to cases being provided services pursuant to this title.

To effectuate the purposes of this subdivision, the commissioner shall

request and receive from the departments, authorities, boards, bureaus,

commissions, corporations, councils, funds, offices, or other agencies

of the state, or any of its political subdivisions, and all such

organizational entities of the state and social services districts are

hereby directed, to provide and the political subdivisions are hereby

authorized to provide, such assistance and data as will enable the

department and social services districts to properly carry out their

powers and duties to locate such parents and to enforce their liability

for the support of their children. Any records established pursuant to

the provisions of this section shall be available only to the secretary

of health and human services, office of the inspector general, social

services districts, district attorneys, county attorneys, corporation

counsels, and courts having jurisdiction in any proceeding under article

four, five, five-A, or five-B of the family court act; provided,

however, no organizational entity of the state need make available any

data or information which is otherwise required by statute to be

maintained in a confidential manner.

4-a. (a) The department shall maintain and operate a state case

registry that contains records with respect to:

(1) each case receiving services pursuant to this title; and

(2) each support order established or modified in the state on or

after the first day of October, nineteen hundred ninety-eight.

(b) For the purpose of subparagraph two of paragraph (a) of this

subdivision, the term support order means a judgment, decree, or order,

whether temporary, final, or subject to modification, issued by a court

or an administrative agency of competent jurisdiction, including any

adjusted order issued by a support collection unit, for the support and

maintenance of a child, including a child who has attained the age of

majority under the law of the issuing state, or a child and the parent

with whom the child is living, which provides for monetary support,

health care, arrearages, or reimbursement, and which may include related

costs and fees, interest and penalties, income withholding, attorney's

fees, and other relief.

(c) Each case record in the state case registry with respect to cases

described in subparagraph one of paragraph (a) of this subdivision for

which a support order has been established shall include a record of:

(1) the amount of monthly (or other periodic) support owed under the

order, and other amounts (including arrearages, interest or late payment

penalties, and fees) due or overdue under the order;

(2) any amount described in subparagraph one of this paragraph that

has been collected;

(3) the distribution of such collected amounts;

(4) the birth date of any child for whom the order requires the

provision of support; and

(5) the amount of any lien imposed with respect to the order pursuant

to section one hundred eleven-u of this article.

(d) The department shall update and monitor each case record in the

state registry described in subparagraph one of paragraph (a) of this

subdivision on the basis of:

(1) information on administrative actions and administrative and

judicial proceedings and orders relating to paternity and support;

(2) information obtained from comparison with federal, state or local

sources of information;

(3) information on support collections and distributions; and

(4) any other relevant information.

(e) Information maintained as part of the state case registry shall be

made available to other state and federal agencies as provided for in

federal statutes and regulations promulgated by the federal secretary of

health and human services.

5. (a) There shall be established for each state fiscal year a

statewide child support collections goal for amounts of collections of

support obligations pursuant to this title, which goal shall be set

forth in that portion of the state's local assistance budget intended

for the appropriation of reimbursement to social services districts

pursuant to this chapter. The commissioner shall, subject to the

approval of the director of the budget, annually allocate a portion of

the statewide goal to each social services district, which portion shall

be based upon the district's portion of the statewide aid to dependent

children program and other relevant factors.

(b) Notwithstanding any inconsistent provision of section one hundred

fifty-three of this chapter, for each social services district which

fails to meet its portion of the collection goal established by this

section, the commissioner shall deny state reimbursement for such

district's expenditures for aid to dependent children, in an amount

equal to the difference between the amount of non-federal funds such

district is required to repay to the state out of collections actually

made and the amount of non-federal funds such district would have been

required to repay to the state had it met its collection goal.

(c) Any social services district which has been determined to have

failed to meet its portion of the collection goal may request a

redetermination by the commissioner or his designee in a manner to be

established by department regulations. Upon a showing by such district

that such failure was due in whole or in part to factors other than

those administrative and processing functions or organizations which are

subject to the jurisdiction of such district's local legislative body,

the commissioner shall waive such failure in whole or in part and shall

restore all or a corresponding portion of any state reimbursement

previously denied pursuant to this section.

(d) For purposes of determining the amount of child support

collections which are attributable toward meeting a district's portion

of the statewide collections goal, any amounts collected by one social

services district on behalf of another shall be credited to the district

to which support payments have been assigned. Support payments collected

on behalf of another state or on behalf of persons not in receipt of aid

to dependent children shall not be taken into consideration in

determining whether such district has met its goal.

(e) The department may for purposes of administrative convenience set

monthly or quarterly goals based upon each district's annual goal and

may deny reimbursement on a monthly or quarterly basis, subject to a

final adjustment at the end of each year reflecting the extent to which

each such district has met its portion of the statewide annual goal.

6. When the commissioner has determined that a social services

district has failed to meet its portion of the statewide child support

collections goal, as determined in accordance with the provisions of

subdivision five of this section, or has failed to comply with the

applicable provisions of federal law and regulations, he shall notify

such district and the appropriate local legislative body of such

determination and may promulgate any regulations he determines are

necessary to improve such district's organization, administration,

management or program. Such regulations shall be fully complied with by

the effective date of such regulations.

7. The department, through the commissioner, shall enter into the

agreement provided for in section one hundred seventy-one-c of the tax

law and is authorized to furnish to the commissioner of taxation and

finance and the state tax commission such information and to take such

other actions as may be necessary to carry out the agreement provided

for in such section, for the crediting of overpayments of tax to

past-due support which is owed to persons receiving services pursuant to

this title and title six-B of this article. A person receiving services

under this title shall receive a pro rata share of the overpayment of

tax, based on the amount of past-due support owed to such person as

certified to the tax commission by the department pursuant to section

one hundred seventy-one-c of the tax law, in cases where the individual,

estate or trust owing past-due support to such person owes past-due

support to other persons or entities so certified to the tax commission

by the department. Amounts certified to the state tax commission under

such agreement may include amounts specified in subdivision eight of

this section. The amount paid by the state comptroller to the department

pursuant to subdivision one of section one hundred seventy-one-c of the

tax law shall be distributed in accordance with applicable provisions of

this chapter and the department's regulations. To the extent permitted

by federal law, the department may also certify amounts to the federal

department of health and human services for tax interception to the same

extent as it certifies amounts pursuant to such section of the tax law.

The department shall by regulation establish procedures by which any

individual, estate or trust which is the subject of a certification to

the state tax commission in accordance with such agreement may contest

such certification based on defenses that are not subject to family

court jurisdiction. Such regulations and the notice required by

subdivision four of section one hundred seventy-one-c of the tax law

shall set forth defenses which may be available to the individual,

estate or trust to contest such certification, and the manner in which a

review of the certification based on such defenses may be obtained.

8. (a) Amounts certified to the state tax commission under the

agreement described in subdivision seven of this section for persons who

are receiving services pursuant to this title may include:

(i) amounts representing delinquencies which have accrued under a

court order of support;

(ii) with respect to any court order of support made before September

first, nineteen hundred eighty-four which provided for periodic payments

toward an established arrears amount, the entire amount of such arrears

where the respondent is, at any time after September first, nineteen

hundred eighty-four, delinquent in making such periodic payments; and

(iii) with respect to any court order of support made on or after

September first, nineteen hundred eighty-four which establishes an

arrears amount, the entire amount of such arrears, unless such order

includes a finding that anticipated tax refunds pursuant to the most

recently filed state and federal tax returns have been considered by the

court and taken into account in determining the amount of periodic

payments to be made toward the arrears amount, or in determining the

amount of the current support order, and expressly provides that such

arrears are not to be so certified.

(b) For the purpose of the state child support program any payment

made by a respondent which is insufficient to fully satisfy both a

current court order of support and a periodic payment toward the balance

of any arrears amount established by court order shall be first applied

toward the current order of support or any delinquency thereon and then

toward the periodic payment on any arrears amount established by court

order unless otherwise required by federal regulation.

* 10. (a) The department, through the commissioner, shall enter into

the agreement provided for in section sixteen hundred thirteen-a of the

tax law and is authorized to furnish to the director of the lottery and

the division of the lottery such information and to take such other

actions as may be necessary to carry out the provisions of the agreement

provided for in such section, for the crediting of lottery prizes of six

hundred dollars or more to past-due support which is owed to persons

receiving services pursuant to this title. A person receiving services

under this title shall receive a pro rata share of the prize winning

based on the amount of past-due support owed to such person as provided

to the division of the lottery by the department pursuant to section

sixteen hundred thirteen-a of the tax law, in cases where the

individual, estate or trust owing past-due support to such person owes

past-due support to other persons or entities so provided to the

division of the lottery by the department. Amounts provided to the

division of the lottery under such agreement may include amounts

specified in this subdivision. The amount paid by the state comptroller

to the department pursuant to subdivision one of section sixteen hundred

thirteen-a of the tax law shall be distributed in accordance with

applicable provisions of this chapter and the department's regulations.

(b) The department shall by regulation establish procedures by which

any individual, estate or trust which is the subject of crediting of any

lottery prize of six hundred dollars or more to the state division of

the lottery in accordance with such agreement may contest such crediting

based on defenses that are not subject to family court jurisdiction.

Such regulations shall require that notice be given to the individual,

estate or trust which shall set forth:

(i) defenses which may be available to the individual, estate or trust

to contest such crediting;

(ii) the manner in which a review of the crediting of lottery prizes

of six hundred dollars or more based on such defenses may be obtained;

(iii) the address and telephone number of the local department of

social services' support collection unit which may be contacted with

respect to correction of any error in such crediting concerning such

individual's, estate's or trust's liability for past-due support or with

respect to payment of such liability; and

(iv) the time frame by which such a defense must be made.

* NB There are 2 sb 10's

* 10. The commissioner must review the child support standards act at

least once every four years to ensure that its application results in

the determination of appropriate child support amounts. As part of such

review, the commissioner must consider economic data on the cost of

raising children and analyze case data, gathered through sampling or

other methods, on the application of, and deviations from the basic

child support obligation. The analysis of the data must be used to

ensure that such deviations are limited and, if appropriate, necessary

revisions to the child support standards act must be submitted to the

legislature to accomplish such purpose.

* NB There are 2 sb 10's

11. (a) Amounts certified to the division of the lottery under the

agreement described in subdivision ten of this section for persons who

are receiving services pursuant to this title may include:

(i) amounts representing delinquencies which have accrued under a

court order of support;

(ii) with respect to any court order of support made which establishes

an arrears amount, the entire amount of such arrears.

(b) For the purpose of the state child support program any payment

made by a respondent which is insufficient to fully satisfy both a

current court order of support and a periodic payment toward the balance

of any arrears amount established by court order shall be first applied

toward the current order of support or any delinquency thereon and then

toward the periodic payment on any arrears amount established by court

order unless otherwise required by federal regulation.

* 12. (a) The department, through the commissioner, shall enter into

the agreement provided for in section five hundred ten of the vehicle

and traffic law and is authorized to furnish to the commissioner of

motor vehicles such information and to take such actions as may be

necessary to carry out the agreement provided for in such section, for

the enforcement of child support orders through the suspension of

delinquent obligors' driving privileges.

(b) (1) When a support obligor who is or was under a court order to

pay child support or combined child and spousal support to a support

collection unit on behalf of persons receiving services under this title

has accumulated support arrears equivalent to or greater than the amount

of support due pursuant to such order for a period of four months, the

office of temporary and disability assistance shall notify the support

obligor in writing that his or her continued failure to pay the support

arrears shall result in notification to the department of motor vehicles

to suspend the support obligor's driving privileges unless the support

obligor complies with the requirements set forth in paragraph (e) of

this subdivision. For purposes of determining whether a support obligor

has accumulated support arrears equivalent to or greater than the amount

of support due for a period of four months, the amount of any

retroactive support, other than periodic payments of retroactive support

which are past due, shall not be included in the calculation of support

arrears pursuant to this section; however, if at least four months of

support arrears have accumulated subsequent to the date of the court

order, the entire amount of any retroactive support may be collected

pursuant to the provisions of this subdivision or as otherwise

authorized by law.

(2) The department shall provide the notice required by subparagraph

one of this paragraph by first class mail to the support obligor's last

known address or such other place where the support obligor is likely to

receive notice, or in the same manner as a summons may be served.

Forty-five days after the date of such notice, if the support obligor

has not challenged the determination of the support collection unit

pursuant to subparagraph one of paragraph (d) of this subdivision or if

the support obligor has failed to satisfy the arrears/past due support

or to otherwise comply with the requirements set forth in paragraph (e)

of this subdivision, the department shall notify the department of motor

vehicles that the support obligor's driving privileges are to be

suspended pursuant to section five hundred ten of the vehicle and

traffic law. Upon the support obligor's compliance with the provisions

of paragraph (e) of this subdivision, the department shall advise the

department of motor vehicles within five business days that the

suspension of the support obligor's driving privileges shall be

terminated. If the support obligor appears in person at the support

collection unit to satisfy the requirements of paragraph (e) of this

subdivision, the support collection unit shall immediately provide a

notice of compliance to the support obligor, in addition to the notice

sent directly to the department of motor vehicles.

(3) Notwithstanding the requirements of this subdivision, no notice

shall be issued by the department pursuant to subparagraph one of this

paragraph to a support obligor from whom support payments are being

received by the support collection unit as a result of an income

execution or an income deduction order issued pursuant to section five

thousand two hundred forty-one or five thousand two hundred forty-two of

the civil practice law and rules.

(c) The notice provided to a support obligor by the department

pursuant to paragraph (b) of this subdivision shall contain the caption

of the order of support, the date the order of support was entered, the

court in which it was entered, the amount of the periodic payments

directed, and the amount of arrears/past due support. In addition, the

notice shall include:

(1) an explanation of the action required pursuant to paragraph (e) of

this subdivision to be taken by the support obligor to avoid the

suspension of his or her driving privileges;

(2) a statement that forty-five days after the date of the notice, the

department of motor vehicles will be notified to suspend the support

obligor's driving privileges unless the support obligor may challenge

the support collection unit's determination as set forth in paragraph

(d) of this subdivision within forty-five days of the date of such

notice; a statement of the manner in which the support obligor may

challenge the determination, and a statement that if the support obligor

challenges the determination, a review will be completed by the support

collection unit within seventy-five days of the date of the notice;

(3) a statement that if the support obligor does not challenge the

support collection unit's determination then the department of motor

vehicles shall be notified to suspend the support obligor's driving

privileges unless the support obligor contacts the support collection

unit to arrange for full payment or commencement of satisfactory payment

arrangements on the arrears/past due support, or to comply otherwise

with the requirements set forth in paragraph (e) of this subdivision,

within forty-five days of the date of the notice;

(4) the address and telephone number of the support collection unit

that the support obligor may contact to request information about a

challenge or to comply with the requirements set forth in paragraph (e)

of this subdivision;

(5) a statement that the suspension of driving privileges will

continue until the support obligor pays the support arrears or complies

otherwise with the requirements set forth in paragraph (e) of this

subdivision; and

(6) a statement printed in boldface type that the support obligor's

intentional submission of false written statements to the support

collection unit for the purpose of frustrating or defeating the lawful

enforcement of support obligations is punishable pursuant to section

175.35 of the penal law.

(d) (1) A support obligor may challenge in writing the correctness of

the determination of the support collection unit that the obligor's

driving privileges should be suspended, and in support of the challenge

may submit documentation demonstrating mistaken identity, error in

calculation of arrears, financial exemption from license suspension

pursuant to the conditions enumerated in paragraph (e) of this

subdivision, the absence of an underlying court order to support such

determination, or other reason that the person is not subject to such

determination. Such documents may include but are not limited to a copy

of the order of support pursuant to which the obligor claims to have

made payment, other relevant court orders, copies of cancelled checks,

receipts for support payments, pay stubs or other documents identifying

wage withholding, and proof of identity. The support collection unit

shall review the documentation submitted by the support obligor, shall

adjust the support obligor's account if appropriate, and shall notify

the support obligor of the results of the review initiated in response

to the challenge within seventy-five days from the date of the notice

required by paragraph (b) of this subdivision. If the support collection

unit's review indicates that the determination to suspend driving

privileges was correct, the support collection unit shall notify the

support obligor of the results of the review and that the support

obligor has thirty-five days from the date of mailing of such notice to

satisfy the full amount of the arrears or commence payment of the

arrears/past due support as specified in paragraph (e) of this

subdivision and if the support obligor fails to do so, the support

collection unit shall notify the department of motor vehicles to suspend

the support obligor's driving privileges pursuant to section five

hundred ten of the vehicle and traffic law. The support obligor shall be

further notified that if the support obligor files objections with the

family court and serves these objections on the support collection unit

within thirty-five days from the date of mailing of the notice denying

the challenge pursuant to subdivision five of section four hundred

fifty-four of the family court act, the support collection unit shall

not notify the department of motor vehicles to suspend the support

obligor's driving privileges until fifteen days after entry of judgement

by the family court denying the objections.

(2) A support obligor may within thirty-five days of mailing of the

notice denying his or her challenge by the support collection unit

request that the family court review the support collection unit's

determination pursuant to subdivision five of section four hundred

fifty-four of the family court act. If the support obligor requests the

family court to review the determination of the support collection unit,

the support collection unit shall not notify the department of motor

vehicles to suspend the support obligor's driving privileges until

fifteen days after mailing of a copy of the judgment by the family court

to the support obligor denying the objections.

(e) A support obligor who has received a notice that his or her

driving privileges shall be suspended may avoid the suspension by:

(1) making full payment of all arrears/past due support to the support

collection unit; or

(2) making satisfactory payment arrangements with the support

collection unit for payment of the arrears/past due support and the

current support obligation. "Satisfactory payment arrangements" shall

mean:

(i) execution of a confession of judgment for the total balance of the

arrears/past due support; and

(ii) execution of a verified statement of net worth on a form

prescribed by the commissioner setting forth the obligor's income from

all sources, liquid assets and holdings, copies of the obligor's drivers

license, most recent federal and state tax return, and a representative

pay stub, and an eighteen month employment history; and

(iii) execution and verification of a stipulation that the obligor

will notify the support collection unit of all future changes of address

until such time as the obligation to pay support is terminated; and

(iv) payment of support to the support collection unit by income

execution pursuant to section five thousand two hundred forty-one of the

civil practice law and rules, which shall include deductions sufficient

to ensure compliance with the direction in the order of support and

shall include an additional amount to be applied to the reduction of

arrears as required by subdivision (b) of such section, or by execution

of an agreement for payment of the arrears/past due support and any

current support directly to the support collection unit in an amount

which is consistent with that which would have been made under such an

income execution; provided however, that where the support obligor fails

to comply with the agreement, he/she may avoid or terminate the

suspension of driving privileges only by making at least fifty percent

payment of all arrears/past due support to the support collection unit

and in addition, entering into a payment plan pursuant to this

subdivision with the support collection unit within fifteen days.

However, in any case when the support obligor fails to comply with a

payment plan as described herein more than once within twelve months,

the obligor must pay the balance of all arrears/past due support to

avoid or terminate license suspension. "Failure to comply" for these

purposes shall mean missing payments in an amount equivalent to four

months of support under the payment plan, unless the support obligor

demonstrates that he or she has filed a petition for modification that

is pending; or

(3) providing documentation that shows the support obligor is

receiving public assistance or supplemental security income; or

(4) providing to the support collection unit the documentation

required by clauses (i) through (iii) of subparagraph two of this

paragraph, where such documentation is sufficient for the support

collection unit to determine:

(i) that the support obligor's income, as defined by subparagraph five

of paragraph (b) of subdivision one of section four hundred thirteen of

the family court act, falls below the self-support reserve as defined by

subparagraph six of paragraph (b) of subdivision one of section four

hundred thirteen of the family court act; or

(ii) that the amount of the support obligor's income, as defined by

subparagraph five of paragraph (b) of subdivision one of section four

hundred thirteen of the family court act, remaining after the payment of

the current support obligation would fall below the self-support reserve

as defined by subparagraph six of paragraph (b) of subdivision one of

section four hundred thirteen of the family court act.

(f) A support obligor who alleges that he or she has not received

actual notice pursuant to paragraph one of subdivision (b) of this

section and whose driving privileges were suspended may at any time

request a review pursuant to subdivision (d) of this section or comply

with the requirements of subdivision (e) of this section, and upon a

determination that he or she has not accumulated support arrears

equivalent to or greater than the amount of support due for a period of

four months or that he or she meets the requirements of subdivision (e)

of this section, the department shall notify the department of motor

vehicles that the suspension of driving privileges shall be terminated.

* NB Repealed August 31, 2027

13. (a) The commissioner shall enter into the agreement provided for

in section one hundred seventy-one-g of the tax law and is authorized to

furnish to the commissioner of taxation and finance any information, and

to take such other actions, as may be necessary to carry out the

agreement provided for in such section, for the purpose of reviewing

support orders pursuant to subdivision twelve of section one hundred

eleven-h of this title.

(b) Information obtained under paragraph (a) of this subdivision shall

be confidential and shall not be disclosed to persons or agencies other

than those entitled to such information when such disclosure is

necessary for the proper administration of the child support enforcement

program pursuant to this title.

14. For purposes of this subdivision, the department or, pursuant to

contract, a fiscal agent is authorized to collect and disburse any

support paid pursuant to any order of child support or combined child

and spousal support issued on or after the first day of January,

nineteen hundred ninety-four under the provisions of section two hundred

thirty-six or two hundred forty of the domestic relations law, or

article four, five, five-A or five-B of the family court act, and which

the court has ordered to be paid pursuant to an income execution issued

by the sheriff, the clerk of the court, or the attorney for the creditor

pursuant to subdivision (c) of section five thousand two hundred

forty-one of the civil practice law and rules or an income deduction

order issued by the court pursuant to subdivision (c) of section five

thousand two hundred forty-two of the civil practice law and rules. Such

support received shall be disbursed within two business days of receipt.

The department shall maintain records of its collection and disbursement

of such support and furnish such records to the parties to the order

upon request. The department shall be entitled to collect an annual

service fee not to exceed the maximum fee permitted pursuant to federal

law for its provision of such services. Funds received in satisfaction

of such fee shall be deposited in an account and shall be made available

to the department for costs incurred in the implementation of this

section. The department shall not furnish any additional services to the

parties; however, a party seeking child support services may apply for

such services pursuant to section one hundred eleven-g of this title.

The department shall not be responsible for the collection and

disbursement of any support until after it has received a copy of the

income execution from the sheriff, the clerk of the court, or the

attorney for the creditor or a copy of the income deduction order issued

by the court and the person entitled to the payment of support pursuant

to the order of support has submitted payment of the annual service fee

if any, and unless its records show that it has received such support on

behalf of the parties to the order, and that the party to whom the funds

are to be disbursed has provided the department with any address

changes.

15. (a) The department, through the commissioner, shall enter into the

agreement provided for in section one hundred seventy-one-i of the tax

law and is authorized to furnish to the commissioner of taxation and

finance such information and to take such other actions as may be

necessary to carry out such agreement.

(b) (1) When a support obligor who is or was under a court order to

pay child support or combined child and spousal support to a support

collection unit on behalf of persons receiving services under this title

has accumulated support arrears equivalent to or greater than the amount

of support due pursuant to such order for a period of four months, the

office of temporary and disability assistance shall notify the support

obligor in writing that his or her continued failure to fully pay the

support arrears shall result in notification to the department of

taxation and finance that they are authorized to collect such arrearage.

For purposes of determining whether a support obligor has accumulated

support arrears equivalent to or greater than the amount of support due

for a period of four months, the amount of any retroactive support,

other than periodic payments of retroactive support which are past due,

shall not be included in the calculation of support arrears pursuant to

this section; however, if at least four months of support arrears have

accumulated subsequent to the date of the court order, the entire amount

of any retroactive support may be collected pursuant to the provisions

of this subdivision or as otherwise authorized by law.

(2) The department shall provide the notice required by subparagraph

one of this paragraph by first class mail to the support obligor's last

known address or such other place where the support obligor is likely to

receive notice by first class mail. Forty-five days after the date of

such notice, if the support obligor has not challenged the determination

of the support collection unit pursuant to subparagraph one of paragraph

(d) of this subdivision or if the support obligor has failed to satisfy

the arrears, the department shall notify the department of taxation and

finance that the support obligor's support arrearage are authorized to

be collected as prescribed in subparagraph one of this paragraph.

(3) Notwithstanding the requirements of this subdivision, no notice

shall be issued by the department pursuant to subparagraph one of this

paragraph to a support obligor from whom support payments are being

received by the support collection unit as a result of an income

execution or an income deduction order issued pursuant to section five

thousand two hundred forty-one or five thousand two hundred forty-two of

the civil practice law and rules.

(c) The notice provided to a support obligor by the department

pursuant to paragraph (b) of this subdivision shall contain the caption

of the order of support, the date the order of support was entered, the

court in which it was entered, the amount of the periodic payments

directed, and the amount of arrears. In addition, the notice shall

include:

(1) a statement that unless the support arrears are satisfied within

forty-five days after the date of the notice, the department of taxation

and finance will be notified that they are authorized to commence

collection action unless the support obligor challenges the support

collection unit's determination as set forth in paragraph (d) of this

subdivision within forty-five days of the date of such notice; a

statement of the manner in which the support obligor may challenge the

determination, and a statement that if the support obligor challenges

the determination, a review will be completed by the support collection

unit within seventy-five days of the date of the notice;

(2) a statement that if the support obligor does not challenge the

support collection unit's determination then the department of taxation

and finance shall be notified that they are authorized to commence

collection action unless the support obligor contacts the support

collection unit to arrange for full payment of the arrears;

(3) the address and telephone number of the support collection unit

that the support obligor may contact to request information about a

challenge to the determination of the support collection unit;

(4) a statement that the collection actions by the department of

taxation and finance is authorized to continue until the support obligor

pays the support arrears; and

(5) a statement printed in boldface type that the support obligor's

intentional submission of false written statements to the support

collection unit for the purpose of frustrating or defeating the lawful

enforcement of support obligations is punishable pursuant to section

175.35 of the penal law.

(d) A support obligor who has received a notice that his or her

support arrearage shall be referred to the department of taxation and

finance for collection action may avoid such action by making payment of

all arrears to the support collection unit; providing documentation that

shows the support obligor is receiving public assistance, medical

assistance, food stamps or supplemental security income; or providing to

the support collection unit the documentation sufficient for the support

collection unit to determine:

(1) an error in the calculation of the obligor's support arrears which

would render the obligor ineligible for collection by the department of

taxation and finance; or

(2) a mistake in the identity of the obligor showing that the

individual making the challenge is not the obligor identified by the

department; or

(3) the absence of an underlying court order for support pursuant to

which the obligor's arrears gave rise to eligibility for collection

action on such arrears by the department of taxation and finance.

16. Bureaus of special hearings; child support unit. (a) The

department is authorized to establish a bureau of special hearings;

child support unit solely for the purposes of providing administrative

law judges to decide objections to the determination of a support

collection unit to refer an obligor's arrears to the department of

taxation and finance for collection pursuant to subdivision nineteen of

section one hundred eleven-h of this title. The administrative law

judges employed by the unit shall serve exclusively within the unit and

shall not be utilized for any purpose other than those described in this

subdivision and shall be salaried employees of the department and shall

not be removed from such unit except for cause.

(b) The unit shall review a support collection unit's denial of a

challenge made by a support obligor pursuant to paragraph two of

subdivision nineteen of section one hundred eleven-h of this title if

objections thereto are filed by a support obligor who has received

notice that the department intends to notify the department of taxation

and finance to collect such support obligor's support arrears. Specific

written objections to a support collection unit's denial must be

submitted by the support obligor to the unit within thirty days of the

date of the notice of the support collection unit's denial. A support

obligor who files such objections shall serve a copy of the objections

upon the support collection unit, which shall have ten days from such

service to file a written rebuttal to such objections and a copy of the

record upon which the support collection unit's denial was made,

including all documentation submitted by the support obligor. Proof of

service shall be filed with the unit at the time of filing of objections

and any rebuttal. The unit's review shall be based solely upon the

record and submissions of the support obligor and the support collection

unit upon which the support collection unit's denial was made. Within

fifteen days after the rebuttal, if any, is filed, an administrative law

judge of the unit shall (i) deny the objections and remand to the

support collection unit or (ii) affirm the objections if the

administrative law judge finds the determination of the support

collection unit is based upon an erroneous determination of fact by the

support collection unit. Such decision shall pertain solely to the

mistaken identity of the obligor, a prejudicial error in the calculation

of the obligor's arrears, the obligor's financial exemption from

collection of support arrears by the department of taxation and finance

or the absence of an underlying court order establishing arrears to

support eligibility for such enforcement. Upon an affirmation of the

objections the administrative law judge shall direct the support

collection unit not to notify the department of taxation and finance of

their authority to collect the support obligor's arrears. Provisions set

forth in this subdivision relating to procedures for hearing objections

by the unit shall apply solely to such cases and not affect or modify

any other procedure for review or appeal of administrative enforcement

of child support requirements. The decision of the administrative law

judge pursuant to this section shall be final and not reviewable by the

commissioner, and shall be reviewable only pursuant to article

seventy-eight of the civil practice law and rules.

17. Special services for review and adjustment. The department shall

develop procedures for and require local social services districts to

dedicate special staff to the review and adjustment of child support

orders entered prior to September fifteenth, nineteen hundred

eighty-nine on behalf of children in receipt of public assistance or

child support services pursuant to section one hundred eleven-g of this

title. Such review and adjustment shall be performed pursuant to

subdivisions twelve, thirteen, fourteen, fifteen and sixteen of section

one hundred eleven-h of this title. All such cases shall be reviewed and

if necessary adjusted no later than December thirty-first, two thousand.

Functions, powers and duties of social services officials.

1. Each social services district shall establish a single organizational

unit which shall be responsible for such district's activities in

assisting the state in the location of absent parents, establishment of

parentage and enforcement and collection of support in accordance with

the regulations of the department.

2. Each social services district shall:

a. obtain assignments to the state and to such district of support

rights of each applicant for or recipient of public assistance required

to execute such an assignment as a condition of receiving assistance;

b. report to the state all recipients of public assistance with

respect to whom a parent has been reported absent from the household;

c. obtain information regarding the income and resources of absent

parents whose whereabouts are known, and shall have access to the

statement of net worth filed pursuant to section four hundred

twenty-four-a of the family court act and supporting documentation in

any case where support collection services are being provided as may be

necessary to ascertain their ability to support or contribute to the

support of their dependents;

d. enforce support obligations owed to the state and to the social

services district pursuant to subdivision two of section one hundred

eleven-b of this title; and disburse amounts collected as support

payments in accordance with the provisions of this chapter and the

regulations of the department, including the disbursement to the family

in receipt of public assistance of up to the first one hundred dollars

for one child, and up to the first two hundred dollars for two or more

children, collected as current support;

e. make periodic reports and perform such other functions in

accordance with the regulations of the department as may be necessary to

assure compliance with federal child support program requirements.

f. confer with a potential respondent, respondent or other interested

person in a proceeding under article four, five, five-A or five-B of the

family court act in an attempt to obtain support payments from such

potential respondent or respondent;

g. obtain from respondent, when appropriate and in accordance with the

procedures established by section one hundred eleven-k of this chapter,

an acknowledgement of parentage or an agreement to make support

payments, or both;

h. report periodically to consumer reporting agencies (as defined in

section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a(f))

information regarding past-due support owed by the parent owing support.

Such information must be made available whenever a parent who owes

past-due support, and shall indicate the name of the parent and the

amount of the delinquency. However, such information shall not be made

available to (i) a consumer reporting agency that the office determines

does not have sufficient capability to systematically and timely make

accurate use of such information, or (ii) an entity that has not

furnished evidence satisfactory to the office that the entity is a

consumer reporting agency. In determining whether a consumer reporting

agency lacks sufficient capability to systematically and timely make

accurate use of such information, the office may require such agency to

demonstrate its ability to comply with the provisions of section three

hundred eighty-j of the general business law and any other requirements

the office may prescribe by regulation. A social services official, at

least ten days prior to making the information available to a consumer

reporting agency, must provide notice to the parent who owes the support

informing such parent of the proposed release of the information to the

consumer reporting agency and informing such parent of the opportunity

to be heard and the methods available for contesting the accuracy of the

information.

3. Notwithstanding the foregoing, the social services official shall

not be required to establish the parentage of any child born

out-of-wedlock, or to secure support for any child, with respect to whom

such official has determined that such actions would be detrimental to

the best interests of the child, in accordance with procedures and

criteria established by regulations of the department consistent with

federal law.

4. a. A social services district represents the interests of the

district in performing its functions and duties as provided in this

title and not the interests of any party. The interests of a district

shall include, but are not limited to, establishing parentage, and

establishing, modifying and enforcing child support orders.

b. Notwithstanding any other provision of law, the provision of child

support services pursuant to this title does not constitute nor create

an attorney-client relationship between the individual receiving

services and any attorney representing or appearing for the district. A

social services district shall provide notice to any individual

requesting or receiving services that the attorney representing or

appearing for the district does not represent the individual and that

the individual has a right to retain his or her own legal counsel.

c. A social services district may appear in any action to establish

parentage, or to establish, modify, or enforce an order of support when

an individual is receiving services under this title.

State reimbursement. 1. The provisions of section one

hundred fifty-three of this chapter shall be applicable to expenditures

by social services districts for activities related to the establishment

of paternity of children born out-of-wedlock, the location of deserting

parents and the enforcement and collection of support obligations owed

to recipients of aid to dependent children and persons receiving

services pursuant to section one hundred eleven-g of this title.

2. The local share of expenditures incurred by the department for the

provision of centralized collection and disbursement services pursuant

to section one hundred eleven-h of this title shall be charged back to

social services districts. The local share shall be fifty per centum of

the amount expended by the department after first deducting therefrom

any federal funds properly received or to be received on account

thereof; provided, however, that a social services district's share of

the costs related to the centralized collection and disbursement

functions shall not exceed those incurred for the year immediately

preceding implementation of such functions, except to the extent to

which those costs would have increased had centralization of collection

and disbursement functions not occurred.

Reimbursement to the state. 1. A share of any support

payments collected by the social services official, less any amount

disbursed to the family receiving family assistance, shall, subject to

section one hundred eleven-f, be paid to the state as reimbursement

toward the amount contributed by the state and federal governments to

assistance furnished to such family. Such share shall bear the same

ratio to the amounts collected as the state and federal funds bear to

assistance granted.

2. Whenever one social services district makes collections on behalf

of a person or family for whom another social services district or

another state is responsible for providing assistance, the amount

collected shall be paid to the district or such other state responsible

for providing such assistance, in accordance with the regulations of the

department.

Federal incentives. The department is authorized to

distribute to local districts the full amount of federal incentive

payments received under title IV-D of the federal social security act.

Availability of paternity and support services. 1. The office

of temporary and disability assistance and the social services

districts, in accordance with the regulations of the office of temporary

and disability assistance, shall make services relating to the

establishment of paternity and the establishment and enforcement of

support obligations available to persons not receiving family assistance

upon application by such persons. Such persons must apply by (i)

completing and signing a form as prescribed by the office of temporary

and disability assistance, or (ii) filing a petition with the court or

applying to the court in a proceeding for the establishment of paternity

and/or establishment and/or enforcement of a support obligation, which

includes a statement signed by the person requesting services clearly

indicating that such person is applying for child support enforcement

services pursuant to this title.

2. The office of temporary and disability assistance may, by

regulation, require payment of an application fee for such services and

the deduction of costs in excess of such fee from amounts collected on

behalf of such persons.

3. (a) A person who is receiving child support services pursuant to

this section who has never received assistance pursuant to title IV-A of

the federal social security act shall be subject to an annual service

fee of thirty-five dollars for each child support case if at least five

hundred fifty dollars of support has been collected in the federal

fiscal year. Where a custodial parent has children with different

noncustodial parents, the order payable by each noncustodial parent

shall be a separate child support case for the purpose of imposing an

annual service fee. The fee shall be deducted from child support

payments received on behalf of the individual receiving services.

(b) In international cases under section 454(32) of the federal social

security act which meet the criteria for imposition of the annual

service fee under paragraph (a) of this subdivision, the annual service

fee shall be imposed but may not be collected from the country

requesting services or a person living in another country unless

permitted by federal law or regulation.

Support collection unit. 1. Each social services district

shall establish a support collection unit in accordance with regulations

of the department to collect, account for and disburse funds paid

pursuant to any order of child support or child and spousal support

issued under the provisions of section two hundred thirty-six or two

hundred forty of the domestic relations law, or article four, five,

five-A or five-B of the family court act; provided however, that the

department, subject to availability of funds, shall furnish centralized

collection and disbursement services for and on behalf of each social

services district. Until such time as the department performs collection

and disbursement functions for a particular social services district,

that social services district shall continue to perform those functions.

* 2. The support collection unit shall inform the petitioner and

respondent of any case in which a required payment has not been made

within two weeks after it was due and shall assist in securing voluntary

compliance with such orders or in preparation and submission of a

petition for a violation of a support order. Upon the written request of

the debtor, the support collection unit shall issue an income execution

as provided in section fifty-two hundred forty-one of the civil practice

law and rules, except that the provisions of subdivisions (d) and (e)

thereof shall not apply. Upon receipt of written revocation of such

request, the support collection unit shall notify the employer or income

payor that the levy is no longer effective, and the execution shall be

returned.

* NB There are 2 sb 2's

* 2. The support collection unit shall establish a system that will

allow it to inform the petitioner and respondent of any case in which a

required payment has not been made within two weeks after it was due and

to assist in securing voluntary compliance with such orders or in

preparation and submission of a petition for a violation of a support

order, and shall implement such system no later than July first,

nineteen hundred seventy-eight based on a plan submitted to and approved

by the department on or before December first, nineteen hundred

seventy-seven.

* NB Expired January 1, 1978 (There are 2 sb 2's)

3. The support collection unit shall require that a person applying

for child support enforcement services provide his or her name, address

and social security number and disclose whether he or she is in receipt

of safety net assistance or family assistance; provided, however, that a

social security number may be required only where permitted under

federal law.

4. Any and all moneys paid into the support collection unit pursuant

to an order of support made under the family court act or the domestic

relations law, where the petitioner is not a recipient of public

assistance, shall upon payment into such support collection unit be

deemed for all purposes to be the property of the person for whom such

money is to be paid.

5. Except as provided in subdivision six of this section, any funds

paid to a support collection unit established by a social services

district which have not been disbursed after two years of diligent

efforts to locate the person entitled to such funds shall be paid to the

state comptroller in accordance with subdivision seven of this section

unless information has been received that is likely to lead to the

location of the person who is entitled to such funds; provided, however,

where the support collection unit determines that the person entitled to

the funds is deceased and cannot locate an estate for the person

entitled to the funds, or the estate does not claim the funds, such

funds may be paid to the state comptroller in accordance with

subdivision seven of this section without two years of diligent efforts.

6. Any funds paid to a support collection unit established by a social

services district for which the remitter of such funds has not provided

sufficient identifying information to associate the funds with an

existing or previously existing child support account, and such

information cannot be determined after diligent efforts, shall be paid

to the state comptroller in accordance with subdivision seven of this

section.

7. In the month of April, on or before the tenth day thereof, such

payment shall be delivered to the state comptroller pursuant to section

thirteen hundred eighteen of the abandoned property law, and shall be

accompanied by a written report, affirmed as true and accurate under the

penalty of perjury, classified as the state comptroller shall prescribe,

setting forth: (a) the names and last known addresses, if any, of the

persons entitled to receive such abandoned property; (b) the title of

any proceeding relating to such abandoned property; and (c) such other

identifying information as the state comptroller may require.

8. Banks and other fiduciary institutions are authorized and required

to report to the support collection unit, when so requested, full

information relative to any fund therein deposited by a petitioner or

respondent in a proceeding under section two hundred thirty-six or two

hundred forty of the domestic relations law or article five-B of the

family court act, where there is an order of support payable through the

support collection unit or article four, five or five-A of the family

court act.

9. Employers are authorized and required to report to the support

collection unit, when so requested, full information as to the earnings

of a petitioner or respondent in a proceeding under section two hundred

thirty-six or two hundred forty of the domestic relations law or article

five-B of the family court act, where there is an order of support

payable through the support collection unit or article four, five,

five-A or five-B of the family court act. Employers also are authorized

and required to report to the support collection unit, when so

requested, information relating to any group health plans available for

the provision of care or other medical benefits by insurance or

otherwise for the benefit of the employee and/or the child or children

for whom such parties are legally responsible for support.

10. The support collection unit is authorized and required to report

to the family court, when so requested, full information relative to

amounts paid or any arrearages by a respondent in a proceeding under

articles four, five, five-A or article five-B of the family court act.

11. The department may provide for the performance of the collection

and disbursement functions of the support collection units by contract

with a fiscal agent. For purposes of any reference to support collection

unit in this chapter or any other law, the fiscal agent under contract

with the department shall be deemed to be part of all support collection

units for which the fiscal agent performs collection and disbursement

functions.

12. The support collection unit shall undertake a public service

campaign as soon as practicable to inform citizens of the possibility of

driver, business and professional license suspension for support

enforcement.

13. (1) A support obligor may challenge in writing the correctness of

the determination of the support collection unit pursuant to this

section and section one hundred seventy-one-i of the tax law that the

obligor's arrearage should be collected through the department of

taxation and finance, and in support of the challenge may submit

documentation demonstrating mistaken identity, error in calculation of

arrears, financial exemption from such collection, the absence of an

underlying court order establishing arrears to support such

determination. Such documents may include a copy of the order of support

pursuant to which the obligor claims to have made payment, other

relevant court orders, copies of cancelled checks, receipts for support

payments, pay stubs or other documents identifying wage withholding,

proof of identity, and like documents. The support collection unit shall

review the documentation submitted by the support obligor, shall adjust

the support obligor's account if appropriate, and shall notify the

support obligor of the results of the review initiated in response to

the challenge within seventy-five days from the date of the notice

required. If the support collection unit's review indicates that the

determination to refer to the department of taxation and finance for

collection was correct, the support collection unit shall notify the

support obligor of the results of the review and that the support

obligor has thirty days from the date of such notice to satisfy the full

amount of the arrears. If the support obligor fails to do so, the

support collection unit shall notify the department of taxation and

finance that they are authorized to commence collection of the arrears.

The support obligor shall be further notified that if the support

obligor files objections to the review determination of the support

collection unit with the bureau of special hearings; child support unit

of the department pursuant to subdivision sixteen of section one hundred

eleven-b of this title, and serves these objections on the support

collection unit within thirty days from the date of notice denying the

challenge, the support collection unit shall not notify the department

of taxation and finance of their authority to collect the arrearages

until fifteen days after receipt of a decision by the administrative law

judge pursuant to such section.

(2) A support obligor may within thirty days of the date of notice

denying his or her challenge by the support collection unit file

objections to such denial with the bureau of special hearings; child

support unit of the department which shall review the support collection

unit's determination to refer the obligor's case to the department of

taxation and finance for collection pursuant to subdivision sixteen of

section one hundred eleven-b of this title. If the support obligor

timely files such objections with such bureau the support collection

unit shall not notify the department of taxation and finance of their

authority to collect the arrearages until fifteen days after entry of an

order by the administrative law judge denying the objections.

14. If the support obligor is required to participate in work programs

pursuant to section four hundred thirty-seven-a of the family court act,

and the court enters an order of support on behalf of the persons in

receipt of public assistance, the support collection unit shall not file

a petition to increase the support obligation for twelve months from the

date of entry of the order of support if the support obligor's income is

derived from participation in such programs.

Child support standards. 1. Each social services district

shall ascertain the ability of an absent parent to support or contribute

to the support of his or her children, in accordance with the statewide

child support standards as set forth in subdivision one of section four

hundred thirteen of the family court act.

2. (a) The commissioner shall publish annually a child support

standards chart. The child support standards chart shall include: (i)

the revised poverty income guideline for a single person as reported by

the federal department of health and human services; (ii) the revised

self-support reserved as defined in section two hundred forty of the

domestic relations law; (iii) the dollar amounts yielded through

application of the child support percentage as defined in section two

hundred forty of the domestic relations law and section four hundred

thirteen of the family court act; and (iv) the combined parental income

amount.

(b) The combined parental income amount to be reported in the child

support standards chart and utilized in calculating orders of child

support in accordance with subparagraph two of paragraph (c) of

subdivision one of section four hundred thirteen of the family court act

and subparagraph two of paragraph (c) of subdivision one-b of section

two hundred forty of the domestic relations law as of January

thirty-first, two thousand fourteen shall be one hundred forty-one

thousand dollars; provided, however, beginning March first, two thousand

sixteen and every two years thereafter, the combined parental income

amount shall increase by the sum of the average annual percentage

changes in the consumer price index for all urban consumers (CPI-U) as

published by the United States department of labor bureau of labor

statistics for the prior two years multiplied by the current combined

parental income amount and then rounded to the nearest one thousand

dollars.

(c) The commissioner shall publish the child support standards chart

on an annual basis by April first of each year and in no event later

than forty-five days following publication of the annual poverty income

guideline for a single person as reported by the federal department of

health and human services.

Interception of unemployment insurance benefits. 1. (a) The

department shall determine on a periodic basis whether any individual

receiving unemployment insurance benefits pursuant to article eighteen

of the state's labor law owes child support obligations which are being

enforced by the department or the child support enforcement unit of a

social services district and shall enforce any child support obligations

which are owed by such individual but are not being met through an

agreement with such individual to have specific amounts withheld from

such benefits otherwise payable to such individual and by submitting a

copy of such agreement to the New York state department of labor.

(b) In the absence of such an agreement, the department shall enforce

any such child support obligations as authorized by the court in any

order establishing such obligations and as otherwise provided by law.

2. Any amounts of unemployment insurance benefits deducted, withheld

and paid over by the department of labor pursuant to section five

hundred ninety-six of the labor law shall be treated as if it were paid

to the person entitled to such compensation and paid by such person to

the department or appropriate child support collection unit toward

satisfaction of such person's child support obligations. Each agency or

district receiving payments deducted by the department of labor shall

reimburse that department for the administrative costs attributable

thereto.

Procedures relating to acknowledgments of parentage,

agreements to support, and genetic tests. 1. A social services official

or his or her designated representative who confers with a potential

respondent or respondent, hereinafter referred to in this section as the

"respondent", the mother of a child born out of wedlock and any other

interested persons, pursuant to section one hundred eleven-c of this

title, may obtain:

(a) an acknowledgment of parentage of a child, as provided for in

article five-B or section five hundred sixteen-a of the family court

act, by a written statement, witnessed by two people not related to the

signator or as provided for in section four thousand one hundred

thirty-five-b of the public health law. Prior to the execution of such

acknowledgment by the child's mother and the respondent, they shall be

advised, orally, which may be through the use of audio or video

equipment, and in writing, of the consequences of making such an

acknowledgment. Upon the signing of an acknowledgment of parentage

pursuant to this section, the social services official or his or her

representative shall file the original acknowledgment with the

registrar.

(b) an agreement to make support payments as provided in section four

hundred twenty-five of the family court act. Prior to the execution of

such agreement, the respondent shall be advised, orally, which may be

through the use of audio or video equipment, and in writing, of the

consequences of such agreement, that the respondent can be held liable

for support only if the family court, after a hearing, makes an order of

support; that respondent has a right to consult with an attorney and

that the agreement will be submitted to the family court for approval

pursuant to section four hundred twenty-five of the family court act;

and that by executing the agreement, the respondent waives any right to

a hearing regarding any matter contained in such agreement.

2. (a) When the paternity of a child is contested, a social services

official or designated representative may order the mother, the child,

and the alleged father to submit to one or more genetic marker or DNA

tests of a type generally acknowledged as reliable by an accreditation

body designated by the secretary of the federal department of health and

human services and performed by a laboratory approved by such an

accreditation body and by the commissioner of health or by a duly

qualified physician to aid in the determination of whether or not the

alleged father is the father of the child. The order may be issued prior

or subsequent to the filing of a petition with the court to establish

paternity, shall be served on the parties by certified mail, and shall

include a sworn statement which either (i) alleges parentage and sets

forth facts establishing a reasonable possibility of the requisite

sexual contact between the parties, or (ii) denies parentage and sets

forth facts establishing a reasonable possibility that the party is not

the father. The parties shall not be required to submit to the

administration and analysis of such tests if they sign a voluntary

acknowledgment of parentage in accordance with paragraph (a) of

subdivision one of this section, or if there has been a written finding

by the court that it is not in the best interests of the child on the

basis of res judicata, equitable estoppel, the child was conceived

through assisted reproduction or the presumption of legitimacy of a

child born to a married person.

(b) The record or report of the results of any such genetic marker or

DNA test may be submitted to the family court as evidence pursuant to

subdivision (e) of rule forty-five hundred eighteen of the civil

practice law and rules where no timely objection in writing has been

made thereto.

(c) The cost of any test ordered pursuant to this section shall be

paid by the social services district provided however, that the alleged

father shall reimburse the district for the cost of such test at such

time as the alleged father's parentage is established by a voluntary

acknowledgment of parentage or an order of filiation. If either party

contests the results of genetic marker or DNA tests, an additional test

may be ordered upon written request to the social services district and

advance payment by the requesting party.

(d) The parties shall be required to submit to such tests and appear

at any conference scheduled by the social services official or designee

to discuss the notice of the allegation of paternity or to discuss the

results of such tests. If the alleged genetic parent fails to appear at

any such conference or fails to submit to such genetic marker or DNA

tests, the social services official or designee shall petition the court

to establish parentage, provide the court with a copy of the records or

reports of such tests if any, and request the court to issue an order

for temporary support pursuant to section five hundred forty-two of the

family court act.

3. Any reference to an acknowledgment of paternity in any law of this

state or any similar instrument signed in another state consistent with

the law of that state shall be interpreted to mean an acknowledgment of

parentage executed pursuant to this section, section four thousand one

hundred thirty-five-b of the public health law or signed in another

state consistent with the law of that state.

Agreement relating to information obtained by the state

directory of new hires. The department, through the commissioner, shall

enter into the agreement provided for in section one hundred

seventy-one-h of the tax law, and shall take such other actions as may

be necessary to carry out the agreement provided for in such section for

matching recipient records of public assistance and of the child support

enforcement program with information provided by employers to the state

directory of new hires for the purposes of verifying eligibility for

such public assistance programs and for the administration of the child

support enforcement program.

Review and cost of living adjustment of support orders. 1.

Orders subject to review. In accordance with the timeframes set forth in

subdivision three of this section, the support collection unit shall

conduct a review for adjustment purposes of:

(a) all orders of support being enforced pursuant to this title on

behalf of persons in receipt of family assistance; and

(b) those orders of support being enforced pursuant to this title on

behalf of persons not in receipt of family assistance, for which a

request for a cost of living adjustment review has been received from

either party to the order.

2. Definitions. For purposes of this section, the following

definitions shall be used:

(a) "Adjusted child support obligation amount" shall mean the sum of

the cost of living adjustment and the support obligation amount

contained in the order under review.

(b) "Adjusted order" shall mean an order issued by the support

collection unit reflecting a change to the obligation amount of the most

recently issued order of support made on behalf of a child in receipt of

family assistance or child support enforcement services pursuant to

section one hundred eleven-g of this title.

(c) "Cost of living adjustment" shall mean the amount by which the

support obligation is changed as the result of a review, and shall be

determined based upon annual average changes to the consumer price index

for all urban consumers (CPI-U), as published by the United States

department of labor bureau of labor statistics, for the years preceding

the year of the review, as follows:

(1) Identify the CPI-U "percent change from the previous annual

average" for each year preceding the year of the review, beginning with

and including the later of the year in which the most recent order was

issued or nineteen hundred ninety-four, and calculate the sum of the

percentages for those years.

(2) Where the sum as calculated pursuant to subparagraph one of this

paragraph equals or exceeds ten percent, multiply the support obligation

in the order under review by such percentage. The product is the cost of

living adjustment.

(d) "Order" shall mean an original, modified, or adjusted order of

support; or, after a hearing in response to objections to a cost of

living adjustment as set forth in an adjusted order of support, the

order of support reflecting the application of the child support

standards pursuant to section two hundred forty of the domestic

relations law or section four hundred thirteen of the family court act,

or an order of no adjustment.

(e) "Review" shall mean the calculation of the cost of living

adjustment and the adjusted child support obligation amount by the

support collection unit for the most recently issued order of support

made on behalf of a child in receipt of family assistance, or child

support enforcement services pursuant to section one hundred eleven-g of

this title.

3. Timeframes. The review of support orders for cost of living

adjustment purposes shall be conducted by the support collection unit in

accordance with the following timeframes:

(a) For all orders of support on behalf of persons in receipt of

family assistance, a review shall be conducted during the second

calendar year following the year in which the order was issued, or the

current year, whichever is later. Any cost of living adjustment

resulting from a review shall be effective sixty days following the date

of the adjusted order, or twenty-four months after the date of the order

under review, whichever is later.

(b) For all orders of support on behalf of persons not in receipt of

family assistance, a review shall be conducted during the second

calendar year following the year in which the order was issued, or the

current year, whichever is later; provided, however, that no such review

shall occur unless a request for such review has been received from a

party to the order. Any cost of living adjustment resulting from a

review shall be effective sixty days following the date of the adjusted

order, or twenty-four months after the date of the order under review,

whichever is later.

4. Adjustment process. (a) A cost of living adjustment shall be made

by the support collection unit with respect to each order of support

under review, if the sum of the annual average changes of the consumer

price index for all urban consumers (CPI-U), as published by the United

States department of labor bureau of labor statistics, is ten percent or

greater. The child support obligation amount, as increased by the cost

of living adjustment calculated during the review, shall be rounded to

the nearest dollar. In the event that the sum of the annual average

changes of the CPI-U is less than ten percent, no cost of living

adjustment shall occur.

(b) Upon the conclusion of the adjustment review, the support

collection unit shall issue and send an adjusted order by first class

mail to the parties. The cost of living adjustment and the adjusted

child support obligation amount as calculated by the review shall be

reflected in the adjusted order. The child support obligation amount

contained in the adjusted order shall be due and owing on the date the

first payment is due under the terms of the order of support which was

reviewed and adjusted occurring on or after the effective date of the

adjusted order.

(c) The support collection unit shall provide a copy of the adjusted

order to the court which issued the most recent order of support, which

shall append it to the order.

5. Objections. (a) Where there is an objection to a cost of living

adjustment, either party or the support collection unit shall have

thirty-five days from the date of mailing of the adjusted order by the

support collection unit to submit to the court identified thereon

written objections, requesting a hearing on the adjustment of the order

of support.

(b) If objections are submitted timely to the court, the cost of

living adjustment shall not take effect, and a hearing shall be

scheduled by the court. The hearing shall be conducted and a

determination made by the court pursuant to section two hundred forty-c

of the domestic relations law or section four hundred thirteen-a of the

family court act.

(c) Where no objection has been timely raised to a cost of living

adjustment as reflected in an adjusted order, such adjusted order shall

become final without further review by the court or any judge or support

magistrate thereof.

6. Adjusted order - form. The adjusted order shall contain the

following information:

(a) the caption of the order of support subject to the review, the

date of such order, and the court in which it was entered;

(b) the identification, telephone number, and address of the support

collection unit which conducted the review;

(c) the cost of living adjustment and the adjusted child support

obligation amount as calculated during the review of the order, and a

statement that such amount shall be due and owing on the date the first

payment is due under the term of the order of support which was reviewed

and adjusted, occurring on or after the effective date of the adjusted

order;

(d) the definition of cost of living adjustment;

(e) a statement that the child support obligation amount, as increased

by the cost of living adjustment, has been rounded to the nearest

dollar;

(f) a statement that all other provisions of the order of support

which was reviewed and adjusted remain in full force and effect;

(g) a statement that the application of a cost of living adjustment in

no way limits, restricts, expands, or impairs the rights of any party to

file for a modification of a child support order as otherwise provided

by law;

(h) a statement that where either party objects to the cost of living

adjustment, the party has the right to be heard by the court and to

present evidence to the court which the court will consider in adjusting

the child support order in compliance with section four hundred thirteen

of the family court act or section two hundred forty of the domestic

relations law, known as the child support standards act; provided,

however, that written objections are filed with the court within

thirty-five days from the date the adjusted order was mailed by the

support collection unit; that when filing objections the objecting party

should attach a copy of the adjusted order, if available; and

(i) a statement that where any party fails to provide, and update upon

any change, the support collection unit with a current address to which

an adjusted order can be sent, the support obligation amount contained

therein shall become due and owing on the date the first payment is due

under the order of support which was reviewed and adjusted occurring on

or after the effective date of the adjusted order, regardless of whether

or not the party has received a copy of the adjusted order.

7. Notice of right to review. On or after the first day of January,

nineteen hundred ninety-eight, any order of support twenty-four or more

months old which was issued on behalf of a child in receipt of family

assistance or child support enforcement services pursuant to section one

hundred eleven-g of this title, is eligible for a cost of living

adjustment every two years. The support collection unit shall notify the

parties to the order of their right to make a written request to the

support collection unit for a cost of living adjustment of such support

order. Such notice shall contain the amount of the cost of living

adjustment, the amount of the adjusted child support obligation, the

applicable CPI-U used in the calculation of that amount, the address and

telephone number of the support collection unit where assistance can be

obtained in commencing an adjustment review, and other information

deemed necessary and relevant by the department, and shall be sent to

the parties by first class mail at their last known address, and shall

contain a reply form and envelope with postage pre-paid. The support

collection unit shall provide the notice described herein not less than

once every two years.

Data matches with financial institutions. The department or

a social services district, through the commissioner, is authorized to

enter into agreements with financial institutions as provided for in

subdivision two of section four of the banking law and subsection (e) of

section three hundred twenty of the insurance law, and is authorized to

furnish to and receive from those and any other financial institutions,

as defined in paragraph one of subdivision (d) of section four hundred

sixty-nine A of the federal social security act, such information as may

be necessary to carry out the agreements provided for in section four of

the banking law and section three hundred twenty of the insurance law,

for the enforcement of child support orders.

Authority to issue subpoenas. The department or the child

support enforcement unit coordinator or support collection unit

supervisor of a social services district, or his or her designee, or

another state's child support enforcement agency governed by title IV-D

of the social security act, shall be authorized, whether or not a

proceeding is currently pending, to subpoena from any person, public or

private entity or governmental agency, and such person, entity or agency

shall provide any financial or other information needed to establish

paternity and to establish, modify or enforce any support order. If a

subpoena is served when a petition is not currently pending, the supreme

court or a judge of the family court may hear and decide all motions

relating to the subpoena. If the subpoena is served after a petition has

been served, the court in which the petition is returnable shall hear

and decide all motions relating to the subpoena. Any such person,

entity, or agency shall provide the subpoenaed information by the date

as specified in the subpoena. Such subpoena shall be subject to the

provisions of article twenty-three of the civil practice law and rules.

The department or district may impose a penalty for failure to respond

to such information subpoenas pursuant to section twenty-three hundred

eight of the civil practice law and rules.

Voiding of fraudulent transfers of income or property. The

department or a social services district, or its authorized

representative, after obtaining information that a debtor has

transferred income, property or other assets to avoid payment to a child

support creditor shall, pursuant to article ten of the debtor and

creditor law (1) commence a proceeding to void such transfer; or (2)

obtain a settlement that is in the best interests of the child support

creditor. Provided, however, that no settlement shall reduce or annul

any arrears of child support which have accrued prior to the date of

settlement.

Requirement to respond to requests for information. All

employers, as defined in section one hundred eleven-m of this article

(including for-profit, not-for-profit and governmental employers), are

required to provide information promptly on the employment, compensation

and benefits of any individual employed by such employer as an employee

or contractor, when the department or a social services district or its

authorized representative, or another state's child support enforcement

agency governed by title IV-D of the social security act, requests such

information for the purpose of establishing paternity, or establishing,

modifying or enforcing an order of support. To the extent feasible,

such information shall be requested and provided using automated

systems, and shall include, but is not limited to, information regarding

the individual's last known address, date of birth, social security

number, plans providing health care or other medical benefits by

insurance or otherwise, wages, salaries, earnings or other income of

such individual. Notwithstanding any other provision of law to the

contrary, such officials are not required to obtain an order from any

judicial or administrative tribunal in order to request or receive such

information. The department shall be authorized to impose a penalty for

failure to respond to such requests of five hundred dollars for an

initial failure and seven hundred dollars for the second and subsequent

failure.

Access to information contained in government and private

records. 1. For the purpose of establishing paternity, or

establishing, modifying or enforcing an order of support, the department

or a social services district or its authorized representative, and

child support enforcement agencies of other states established pursuant

to title IV-D of the social security act, without the necessity of

obtaining an order from any other judicial or administrative tribunal

and subject to safeguards on privacy and information security, shall

have access to information contained in the following records:

(a) records of other state and local government agencies including:

(i) vital statistics (including records of marriage, birth and

divorce);

(ii) state and local tax and revenue records (including information

on residence address, employer, income and assets);

(iii) records concerning real and titled personal property;

(iv) records of occupational and professional licenses, and records

concerning the ownership and control of corporations, partnerships and

other business entities;

(v) employment security records;

(vi) records of agencies administering public assistance programs;

(vii) records of the department of motor vehicles; and

(viii) corrections records; and

(b) certain records held by private corporations, companies, or other

entities with respect to individuals who owe or are owed support (or

against or with respect to whom a support obligation is being sought),

consisting of:

(i) pursuant to an administrative subpoena authorized by section one

hundred eleven-p of this title, the names, addresses, telephone numbers

and dates of birth of such individuals, and the names and addresses of

the employers of such individuals, as appearing in customer records of

public utilities companies and corporations, including, but not limited

to, cable television, gas, electric, steam, and telephone companies and

corporations, as defined in section two of the public service law, doing

business within the state of New York; and

(ii) information on such individuals held by financial institutions,

including information regarding assets and liabilities.

2. Notwithstanding any other provision of law to the contrary, any

government or private entity to which a request for access to

information is directed pursuant to subdivision one of this section, is

authorized and required to comply with such request. To the extent

feasible, access to such information shall be requested and provided

using automated systems. Any government or private entity which

discloses information pursuant to this section shall not be liable under

any federal or state law to any person for such disclosure, or for any

other action taken in good faith to comply with this subdivision.

Authority to secure assets. The department or a social

services district or its authorized representative, or another state's

child support enforcement agency governed by title IV-D of the social

security act, for the purpose of collecting overdue support, shall be

authorized in accordance with all applicable provisions of law, to

secure assets otherwise due a support obligor by:

1. intercepting or seizing periodic or lump sum payments due such

obligor from:

(a) a state or local agency, including unemployment compensation,

workers' compensation, and other benefits; and

(b) judgments, settlements and lottery winnings;

2. attaching and seizing assets of such obligors which are held in

financial institutions;

3. attaching public and private retirement funds of such obligors;

and

4. imposing liens against real and personal property owned by such

obligors; and where appropriate, forcing the sale of property owned by

such obligors and distributing proceeds from the sale of such

properties.

Liens. 1. The office of temporary and disability assistance,

or a social services district, or its authorized representative shall

have a lien against real and personal property owned by a support

obligor when such support obligor is or was under a court order to pay

child support or combined child and spousal support to a support

collection unit on behalf of persons receiving services under this

title, and such obligor has accumulated support arrears/past due in an

amount equal to or greater than the amount of support due pursuant to

such order for a period of four months. Such lien shall incorporate

unpaid support which accrues in the future.

2. For the purposes of determining whether a support obligor has

accumulated support arrears/past due support for a period of four

months, the amount of any retroactive support, other than periodic

payments of retroactive support which are past due, shall not be

included in the calculation of arrears/past due support pursuant to this

section; however, if at least four months of support arrears/past due

support have accumulated subsequent to the date of the court order, the

entire amount of any retroactive support may be collected pursuant to

the provisions of this subdivision or as otherwise authorized by law.

3. When the office of temporary and disability assistance, or a social

services district, or its authorized representative on behalf of a

person receiving services pursuant to this title determines that the

requisite amount of child support is past due, it shall send, by first

class mail, a notice of intent to file a lien to the support obligor.

The obligor may assert a mistake of fact and shall have an opportunity

to make a submission in support of the assertion. The assertion and any

supporting papers shall be submitted within thirty-five days from the

date a notice was mailed. Thereafter, the social services district shall

determine the merits of the assertion, and shall notify the obligor of

its determination within ninety days after notice to the obligor was

mailed.

4. If the social services district finds no mistake of fact exists or,

the obligor fails to assert a mistake of fact within the thirty-five

days, the social services district may file a notice of lien, which

shall contain the caption of the support order and a statement of

arrears and which shall constitute a lien on the property. The social

services district shall not enforce its lien until after expiration of

any applicable period for review of an administrative action or, if the

obligor has initiated a proceeding pursuant to article seventy-eight of

the civil practice law and rules, until completion of such review.

5. Filing of the notice of the lien shall be as provided in sections

sixty-five and two hundred eleven of the lien law, article forty-six of

the vehicle and traffic law, or as otherwise authorized by law.

6. Within five days before or thirty days after filing the notice of

the lien, the social services district shall send by first class mail a

copy of such notice upon the owner of the property.

Confidentiality, integrity, and security of information. 1.

The department, in consultation with appropriate agencies including but

not limited to the New York state office for the prevention of domestic

violence, shall by regulation prescribe and implement safeguards on the

confidentiality, integrity, accuracy, access, and the use of all

confidential information and other data handled or maintained, including

data obtained pursuant to section one hundred eleven-o of this article

and including such information and data maintained in the automated

child support enforcement system. Such information and data shall be

maintained in a confidential manner designed to protect the privacy

rights of the parties and shall not be disclosed except for the purpose

of, and to the extent necessary to, establish paternity, or establish,

modify or enforce an order of support.

2. These safeguards shall include provisions for the following:

(a) Policies restricting access to and sharing of information and

data, including:

(1) safeguards against unauthorized use or disclosure of information

relating to procedures or actions to establish paternity or to establish

or enforce support;

(2) prohibitions against the release of information on the whereabouts

of one party to another party against whom an order of protection with

respect to the former party has been entered; and

(3) prohibitions against the release of information on the whereabouts

of one party to another party if the department has reason to believe

that the release of the information may result in the physical or

emotional harm to the former party.

(b) Systems controls to ensure strict adherence to policies.

(c) Monitoring of access to and use of the automated system to prevent

unauthorized access or use.

(d) Training in security procedures for all staff with access, and

provisions of information regarding these requirements and penalties.

(e) Administrative penalties for unauthorized access, disclosure, or

use of confidential data.

3. If any person discloses confidential information in violation of

this section, any individual who incurs damages due to the disclosure

may recover such damages in a civil action.

4. Any person who willfully releases or permits the release of any

confidential information obtained pursuant to this title to persons or

agencies not authorized by this title or regulations promulgated

thereunder to receive it shall be guilty of a class A misdemeanor.

5. The safeguards established pursuant to this section shall apply to

staff of the department, local social services districts, and any

contractor.

Spousal support; crediting of overpayments of tax to past-due

support. 1. The department shall provide services for the crediting of

overpayments of tax to past-due support, pursuant to section one hundred

seventy-one-c of the tax law, which is owed to any current or former

spouse entitled to enforce an order of support, who applies to the

department for such services, if such spouse is not eligible to receive

services pursuant to title six-A of this article. For purposes of this

section, "order of support" means any final order, decree or judgment in

a matrimonial action or family court proceeding, or any foreign support

order, decree or judgment which is registered pursuant to article 5-B of

the family court act which requires the payment of alimony, maintenance

or support.

2. (a) An applicant for services under this section shall provide the

department with the following:

(i) a certified transcript of a money judgment for a sum certain for

arrears accrued under an order of support;

(ii) a sworn statement that the order of support is no longer subject

to appellate judicial review and that the sum set forth as uncollected

on the judgment is accurate;

(iii) the name and address of the applicant; and

(iv) the name, last known address and social security number of the

person or entity owning past-due support against whom a judgment has

been obtained.

(b) If an application for services is rejected by the department, the

department shall inform the applicant in writing of the reason for such

rejection.

3. An applicant for services under this section shall receive a pro

rata share of the overpayment of tax, based on the amount of past-due

support owed to such applicant as certified to the tax commission by the

department pursuant to section one hundred seventy-one-c of the tax law,

in cases where the individual, estate or trust owing past-due support to

such applicant owes past-due support to other persons or entities so

certified to the tax commission by the department.

4. The department shall promulgate such regulations as are necessary

to carry out the provisions of this section, including regulations as to

the date by which an applicant for services under this section shall

provide the department with the information and documentation required

in subdivision two of this section.

Spousal and child support; crediting of overpayments of tax

to past-due support. 1. The department shall provide services for the

crediting of overpayments of tax to past-due support, pursuant to

section one hundred seventy-one-c of the tax law, which is owed to

persons entitled to enforce an order of support, for persons not

receiving public assistance who are eligible to receive services

pursuant to title six-A of this article, but who do not receive such

services. For purposes of this section, "order of support" shall mean

any final order, decree or judgment in a matrimonial action or family

court proceeding, or any foreign support order, decree or judgment which

is registered pursuant to article five-B of the family court act which

requires the payment of alimony, maintenance, support or child support.

2. (a) An applicant for services under this section shall provide the

department with the following:

(i) a certified transcript of a money judgment for a sum certain for

arrears accrued under an order of support;

(ii) a sworn statement that the order of support is no longer subject

to appellate judicial review and that the sum set forth as uncollected

on the judgment is accurate;

(iii) the name and address of the applicant; and

(iv) the name, last known address and social security number of the

person or entity owing past-due support against whom a judgment has been

obtained.

(b) If an application for services is rejected by the department, the

department shall inform the applicant in writing of the reason for such

rejection.

(c) The department shall inform applicants for services under this

section of the support collection and enforcement services available

through the support collection units pursuant to title six-A of this

article.

3. An applicant for services under this section shall receive a pro

rata share of the overpayment of tax, based on the amount of past-due

support owed to such applicant as certified to the tax commission by the

department pursuant to section one hundred seventy-one-c of the tax law,

in cases where the individual, estate or trust owing past-due support to

such applicant owes past-due support to other persons or entities so

certified to the tax commission by the department.

4. The department may charge an applicant for services under this

section a fee based on cost, but not to exceed the lesser of twenty-five

dollars or the amount of overpayment of tax received by the department.

The department shall recover such fee from such overpayment and pay any

balance to the applicant. The fee provided for herein shall not be a

charge against the individual, estate or trust owing past-due support.

5. The department shall promulgate such regulations as are necessary

to carry out the provisions of this section, including regulations as to

the date by which an applicant for services under this section shall

provide the department with the information and documentation required

in subdivision two of this section.

Local personnel training. Each public welfare district shall

make provision, with the assistance and cooperation of the department,

for suitable training of employees of its welfare department. Such

provision shall include such of the following as the department may

approve or require for such district: employment of qualified training

directors and/or teachers; the granting of scholarships and fellowships;

continuing salaries of employees while undergoing training, pursuant to

section thirty; contracting with approved schools, colleges and

universities for courses of instruction and/or classes or special

classes; sponsoring, conducting and participating in seminars, workshops

and meetings and allowing or requiring attendance of selected employees;

payment of stipends and expenses, within prescribed limits, of employees

undergoing training.

Participation in research and demonstration projects. Public

welfare districts are authorized to sponsor, conduct and participate in

the operation of such research and demonstration projects as the

department may approve, for the purpose of reducing dependency and

eliminating the causes thereof. Public welfare districts shall

cooperate with the department in the conduct of such projects whenever

the department shall request or require such participation and

cooperation.

Special state reimbursement. Any inconsistent provision of

sections one hundred fifty-three, two hundred fifty-seven or other

provisions of this chapter notwithstanding, expenditures made by public

welfare districts for salaries of qualified training directors pursuant

to section one hundred twelve and for salaries of employees while on

educational leave pursuant to section thirty and one hundred twelve

shall, if approved by the department, be subject to reimbursement by the

state in accordance with the regulations of the department as follows:

there shall be paid to each such district

(a) the amount of federal funds, if any, properly received or to be

received on account of such expenditures;

(b) the full amount expended for such purposes, after first deducting

therefrom any federal funds properly received or to be received on

account thereof.

Training and utilization of volunteers. Subject to the

approval of the department, public welfare districts are authorized to

sponsor and conduct programs for the recruitment, training and

utilization of volunteers to assist welfare district employees in the

performance of office duties and to aid in performing services in

welfare districts including but not limited to the following:

(a) friendly visiting of the indigent aged;

(b) finding homes for foster children;

(c) escorting and transporting recipients to clinics and other

destinations;

(d) aiding in location of improved housing;

(e) teaching homemaking skills and aiding in budgeting and care of

the household;

(f) providing tutoring and other educational aid; and

(g) giving information, screening requests and performing other

services in waiting rooms of welfare centers.

Chief executive officers of local welfare departments;

qualifications; appointment and removal; term. 1. Any inconsistent

provision of law, notwithstanding, the position of the chief executive

officer of a county or city social services department, whether referred

to as commissioner or by other title, shall be in the non-competitive

class of the civil service, except any which is or may hereafter be in

the competitive class. Appointments to such positions in the

non-competitive class shall be for terms of five years and shall be made

by the appropriate county or city body or officer. However, no person

may be appointed to or serve in any such position who does not meet the

minimum qualifications required therefor by the state commissioner of

social services pursuant to section seventeen.

2. Any inconsistent provision of law, general, special or local,

notwithstanding, the chief executive officer of a county or city social

services department shall also be subject to removal or sanction in

accordance with the provisions of section thirty-four of this chapter.

3. As used in subdivision one "the appropriate county or city body or

officer" shall mean and refer:

(a) in the case of a county, to the board of supervisors thereof,

except when the county has a county executive, county president, county

manager or other officer or board authorized to appoint heads of

administrative departments or the chief executive officer of the social

services department, in which case it shall mean such executive,

president, manager, other officer or board;

(b) in the case of a city, to the mayor, manager, other officer, or

the board having authority to appoint department heads or the chief

executive officer of the social services department.

State residence. 1. Any person who shall reside in the state

continuously for one year under the conditions hereinafter specified

shall be deemed to have state residence. State residence so acquired

shall continue until such person shall have removed from the state and

remained therefrom for one year; provided, however, that no person shall

lose state residence by absence from the state while serving in the

armed forces of the United States or in the United States merchant

marine, or while attached to and serving with the armed forces of the

United States and, provided further, that no member of the family of any

such person shall lose state residence by absence from the state while

living with or near such person during the period of such service and on

account thereof.

2. An infant shall, at the time of birth, whether within or without

the state, be deemed to have state residence if he is in the custody of

both birth parents and either of them has state residence or if the

birth parent having his custody has state residence. State residence so

acquired by a child born within the state shall continue until the child

shall have removed from the state and remained therefrom for one year.

State residence so acquired by a child born without the state shall

terminate when he becomes one year of age if he remains without the

state during such year. For the purpose of this subdivision and section,

a child born out of wedlock whose birth parents were living together on

the date of his birth shall be deemed to have been in the custody of

both his parents on such date if his birth father has acknowledged or

been adjudicated to be such.

3. (a) Notwithstanding any other provision of law, no public

assistance benefits shall be paid to or for any person who is not a

resident of the state as provided in this article, except that

assistance shall be provided to a person who is otherwise eligible

during the first twelve months in the state at a rate not exceeding the

higher of fifty percent of the amount otherwise payable or the standard

of need applicable to the person under the laws of the state, if any, in

which he or she resided immediately prior to arrival in this state, but

under no circumstances may such allowances exceed the amounts payable to

a resident under this chapter; and no assistance shall be provided for

any noncitizen during the first twelve months such person resides in the

United States, except as set forth in paragraph (b) of this subdivision

and except persons domiciled in the state on the effective date of this

section, and except as otherwise required by federal law. For purposes

of this section, the standard of payment applicable in another state

shall refer to a schedule of comparative grants to be promulgated

biennially, setting forth the amount of that state's maximum standard of

payment with respect to each such program, if any, for each household

size for any state which financially participates in or mandates a

program under title IV-A of the federal social security act or a general

assistance or disability assistance program.

(b) This subdivision shall not apply to any person entitled to

federally funded refugee cash assistance under Title IV of the

Immigration and Nationality Act or to any person participating in a

project authorized under section 412(e) of the Immigration and

Nationality Act.

Qualification on residence. The continuous residence required

to acquire state residence or to establish liability for payment for

hospital or other institutional care shall not include any period during

which the person was (a) a patient in a hospital, or

(b) an incarcerated individual of any public institution or any

incorporated private institution, or

(c) if a child under the age of twenty-one years, in a boarding home

under the care of an authorized agency, or

(d) residing on any military reservation.

If, however, the periods of residence immediately prior and subsequent

to the period specified in a, b, c, or d, shall together equal the

required period of residence, such person shall be deemed to have had

the required continuous residence.

Family court cases; state charges. In the event a child who

is residing on any Native American reservation within the state is

committed or placed by a court of competent jurisdiction as a

delinquent, abused, neglected, or abandoned child, or person in need of

supervision, or upon any ground specified in section three hundred

eighty-four-b of this chapter, the state, shall reimburse the social

services district from which the child was committed for the full cost

of care and maintenance of the child.

Removal of persons to another state or country. 1. When any

person who is cared for at the expense of the state or of any public

welfare district has settlement or residence or otherwise belongs to or

has legally responsible relatives able or friends willing to undertake

the obligations to support him or to aid in supporting him in any other

state or country, the department may furnish him with transportation to

such state or country, provided, in its judgment the interest of the

state and the welfare of such person will be thereby promoted.

2. The expense of such removal shall be paid from the state treasury

on the audit and warrant of the comptroller pursuant to a verified

account submitted by the department and in accordance with the

provisions of paragraph d of subdivision one of section one hundred

fifty-three of this chapter.

Noncitizens. 1. Notwithstanding any law to the contrary, no

person except a citizen or a noncitizen who has been duly naturalized as

a citizen shall be eligible for additional state payments for aged,

blind and disabled persons, family assistance, safety net assistance,

services funded under title XX of the federal social security act, or

medical assistance, subject to the following exceptions:

(a) The following persons shall, if otherwise eligible, receive

benefits under such programs:

(i) a refugee who entered the United States within the previous five

years with respect to benefits under the temporary assistance to needy

families block grant program and the safety net assistance program and

within the previous seven years with respect to medical assistance;

(ii) an asylee who was granted asylum within the previous five years

with respect to benefits under the temporary assistance to needy

families block grant program and the safety net assistance program and

within the previous seven years with respect to medical assistance;

(iii) a person for whom deportation was withheld within the previous

five years with respect to benefits under the temporary assistance to

needy families block grant program and the safety net assistance program

and within the previous seven years with respect to medical assistance;

(iv) except as otherwise required by federal law, a person lawfully

admitted for permanent residence who has worked for or can be credited

with forty qualifying quarters as defined under title II of the federal

Social Security Act, exclusive of any quarter after the thirty-first day

of December, nineteen hundred ninety-six in which such person or such

person's parent or spouse received any federal means tested assistance;

(v) any noncitizen lawfully residing in the state who is on active

duty in the armed forces (other than active duty for training) or who

(1) has received an honorable discharge (and not on account of

noncitizen status) from the armed forces, or (2) has a qualifying

condition, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable (and not

on account of noncitizen status) from the armed forces, or (3) is a

discharged LGBT veteran, as defined in section one of the veterans'

services law, and has received a discharge other than bad conduct or

dishonorable (and not on account of noncitizen status) from the armed

forces, or the spouse, unremarried surviving spouse or unmarried

dependent child of any such noncitizen, if such noncitizen, spouse or

dependent child is a qualified alien as defined in section 431 of the

federal personal responsibility and work opportunity reconciliation act

of 1996 (8 U.S. Code 1641), as amended;

(vi) a noncitizen granted status as a Cuban and Haitian entrant as

defined in section 501(e) of the federal Refugee Education Act of 1980

within the previous five years with respect to benefits under the

temporary assistance to needy families block grant program, and safety

net assistance and within the previous seven years with respect to

medical assistance; and

(vii) a noncitizen admitted to the United States as an Amerasian

immigrant as described in section 402(a)(2)(A) of the federal personal

responsibility and work opportunity reconciliation act of 1996 within

the previous five years with respect to benefits under the temporary

assistance to needy families block grant program, and safety net

assistance and within the previous seven years with respect to medical

assistance.

(b) The following persons, not described in paragraph (a) of this

subdivision, shall, if otherwise eligible, be eligible for family

assistance, medical assistance, and safety net assistance:

(i) a noncitizen who is a qualified alien as defined in section 431 of

the federal personal responsibility and work opportunity reconciliation

act of 1996 (8 U.S. Code 1641), as amended, who entered the United

States before the twenty-second day of August, nineteen hundred

ninety-six and continuously resided in the United States until attaining

qualified status; and

(ii) a qualified alien who entered the United States five years or

more earlier with a status within the meaning of the term "qualified

alien" as defined in section 431 of the federal personal responsibility

and work opportunity reconciliation act of 1996 (8 U.S. Code 1641), as

amended, if such entry occurred on or after the twenty-second day of

August, nineteen hundred ninety-six.

(c) The following persons, not described in paragraph (a) or (b) of

this subdivision, shall, if otherwise eligible, be eligible for safety

net assistance and medical assistance, except that medical assistance

shall be limited to care and services (not including care and services

related to an organ transplant procedure) necessary for the treatment of

an emergency medical condition as that term is defined in section 1903

of the federal social security act unless and until federal financial

participation is available for the costs of providing medical assistance

provided, however, that any such person who, on the fourth day of

August, nineteen hundred ninety-seven was residing in a residential

health care facility licensed by the department of health or in a

residential facility licensed, operated or funded by the office of

mental health or the office for people with developmental disabilities,

and was in receipt of a medical assistance authorization based on a

finding that he or she was a person permanently residing in the United

States under color of law shall, if otherwise eligible, be eligible for

medical assistance and provided, further, that any such person who, on

the fourth day of August, nineteen hundred ninety-seven, was diagnosed

as having AIDS, as defined in subdivision one of section two thousand

seven hundred eighty of the public health law, and was in receipt of

medical assistance authorization pursuant to title eleven of article

five of this chapter based on a finding that he or she was a person

permanently residing in the United States under color of law shall, if

otherwise eligible, be eligible for medical assistance:

(i) a qualified alien who entered the United States less than five

years earlier or for less than five years has had a status within the

meaning of the term "qualified alien" as defined in section 431 of the

federal personal responsibility and work opportunity reconciliation act

of 1996 (8 U.S. Code 1641), as amended, if such entry occurred on or

after the twenty-second day of August, nineteen hundred ninety-six; and

(ii) a noncitizen whose status is not within the meaning of the term

"qualified alien" as defined in section 431 of the federal personal

responsibility and work opportunity reconciliation act of 1996 (8 U.S.

Code 1641), as amended, but who is otherwise permanently residing in the

United States under color of law.

(d) A person paroled into the United States for a period of less than

one year shall, if otherwise eligible, be eligible to receive any state

or local non-federal assistance provided under this chapter on the same

terms as such programs are available to persons who are qualified aliens

as defined in section 431 of the federal personal responsibility and

work opportunity reconciliation act of 1996 (8 U.S. Code 1641), as

amended.

(e) Nothing herein shall preclude the receipt by any noncitizen of

community based non-cash assistance in accordance with the directions of

the United States attorney general or the receipt of medical assistance

for care and services (not including care and services related to an

organ transplant procedure) necessary to treat an emergency medical

condition as that term is defined in section 1903 of the federal social

security act.

(f) A noncitizen who is not ineligible for federal supplemental

security income benefits by reason of noncitizen status shall, if

otherwise eligible, be eligible to receive additional state payments for

aged, blind or disabled persons under section two hundred nine of this

chapter.

(g) Noncitizens receiving supplemental security income benefits or

additional state payments for aged, blind and disabled persons under

section two hundred nine of this chapter shall be eligible for medical

assistance if otherwise eligible.

(h) Qualified aliens as defined in section 431 of the federal personal

responsibility and work opportunity reconciliation act of 1996 (8 U.S.

Code 1641), as amended, if otherwise eligible and except as otherwise

provided by federal law, shall be eligible for services pursuant to

title XX of the federal social security act.

2. Any noncitizen, including a noncitizen who is not a qualified alien

as defined in section 431 of the federal personal responsibility and

work opportunity reconciliation act of 1996 (8 U.S. Code 1641), as

amended, is eligible for adult protective services and services and

assistance relating to child protection to the extent that such person

is otherwise eligible pursuant to this chapter and the regulations of

the department.

3. Each social services district shall report to the department, in

accordance with regulations of the department, the name and address and

other identifying information known to it with respect to any noncitizen

known to be unlawfully in the United States.

4. To the extent permitted by federal law and regulation, the income

and resources of a sponsor of a noncitizen, who has signed an affidavit

of support pursuant to section 213A of the immigration and

naturalization act, and the income and resources of such sponsor's

spouse, shall be deemed available to such noncitizen for purposes of

determining the eligibility of such noncitizen for assistance funded

under the temporary for assistance funded under the temporary assistance

to needy families block grant and medical assistance.

5. If and to the extent that the family assistance, safety net

assistance, state additional payments in the supplemental security

income program, emergency assistance to aged, blind or disabled adults

or medical assistance is paid to or on behalf of a noncitizen for whom

an affidavit of support pursuant to section 213A of the immigration and

naturalization act has been signed, the social services district shall

request reimbursement by the sponsor in the amount of such assistance,

and, if the sponsor does not within forty-five days of such request

indicate a willingness to commence payments, such social services

district may commence an action against the sponsor pursuant to the

affidavit. Remedies available to enforce an affidavit of support include

all of the remedies described in sections 3201, 3202, 3204 and 3205 of

title 28 of the United States Code, as well as an order for specific

performance and payment of legal fees and other costs of collection, and

include corresponding remedies available under state law; provided,

however, that no action shall be brought more than ten years after

assistance was last given.

6. Nothing in this section shall be interpreted as affecting the

eligibility for pre-natal care benefits for persons otherwise eligible

for such benefits.

Assistance, care and services to be given. 1. It shall be the

duty of social services officials, insofar as funds are available for

that purpose, to provide adequately for those unable to maintain

themselves, in accordance with the requirements of this article and

other provisions of this chapter. They shall, whenever possible,

administer such care, treatment and service as may restore such persons

to a condition of self-support or self-care, and shall further give such

service to those liable to become destitute as may prevent the necessity

of their becoming public charges.

2. It shall be the duty of social services officials, insofar as funds

are available for that purpose, to cooperate with the directors of state

department of mental hygiene facilities in order to assist patients

discharged or about to be discharged from mental hygiene institutions in

their transition to a condition of self-support and self-care in the

community.

3. As far as possible families shall be kept together, they shall not

be separated for reasons of poverty alone, and they shall be provided

services to maintain and strengthen family life. In providing such

services, the public welfare official may utilize appropriate community

resources, including non-profit private agencies. Whenever practicable,

assistance and service shall be given a needy person in his own home.

The commissioner of public welfare may, however, in his discretion,

provide assistance and care in a boarding home, a home of a relative, a

public or private home or institution, or in a hospital.

4. For needy persons who are members of a family household, the

standard of need for determining their eligibility for public assistance

shall be as prescribed by section one hundred thirty-one-a of this

chapter and applicable federal requirements. For needy persons who are

not members of a family household, the department shall continue to

determine the standard of need for determining their eligibility for

public assistance pursuant to the provisions of this chapter and

applicable federal requirements.

5. No public assistance shall be given to an applicant for or

recipient of public assistance who has failed to comply with the

requirements of this chapter, or has refused to accept employment in

which he or she is able to engage.

5-a. The state commissioner of labor, in cooperation with the

commissioner and with individual local social services officials, is

hereby authorized to locate jobs services personnel wherever

appropriate, in order to achieve the employment objectives of this

chapter. Local social services officials, in cooperation with the

commissioner and the commissioner of labor, are authorized to locate

social services personnel wherever appropriate, in order to achieve the

employment objectives of this chapter.

6. No individual who is under the age of eighteen and is not married,

who resides with and provides care for his or her dependent child or is

pregnant and otherwise entitled to family assistance shall receive

family assistance for himself or herself unless the individual,

individual and child or pregnant woman resides in a place of residence

maintained as a home by the individual's parent, legal guardian or other

adult relative or in an adult-supervised supportive living arrangement.

Where possible, any such benefits to be paid on behalf of such

individual, individual and child or pregnant woman shall be provided by

the social services district to the parent, legal guardian or other

adult relative with whom such individual, individual and child or

pregnant woman resides. The requirement to reside with a parent,

guardian or adult relative shall not apply if (a) the individual has no

living parent, legal guardian or other appropriate adult relative who is

living or whose whereabouts are known or (b) no living parent or legal

guardian of such individual allows the individual to live in his or her

home or (c) the individual or minor child is being or has been subjected

to serious physical or emotional harm, sexual abuse or exploitation in

the residence of the parent or guardian or (d) substantial evidence

exists of imminent or serious harm if such individual or dependent child

were to live in the same residence with the individual's parent or legal

guardian or (e) it is in the minor child's best interests to waive such

requirement with respect to the individual or minor child, as determined

in accordance with department regulations, consistent with federal law

and regulations. Unless the individual's current living arrangement is

appropriate, an individual and his or her minor child who are not

required hereunder to reside with a parent, guardian or adult relative

shall be required as a condition of assistance to reside in an adult

supervised supportive living arrangement approved by the district in

accordance with standards set by the department and taking into account

the needs and concerns of the individual, including but not limited to a

second chance home or maternity home. A "second chance home" is a

facility which provides teen parents with a supportive and supervised

living arrangement in which they are required to learn parenting skills,

including child development, family budgeting, health and nutrition and

other skills to promote long-term economic independence and the

well-being of their children. Social services districts shall provide

adult supervised supportive living arrangements or assist individuals in

locating them. If a child subject to the requirements of this

subdivision alleges facts which, if true, would render the requirement

to live with a parent, guardian or other adult relative inapplicable by

reason of paragraph (c) or (d) of this subdivision, a social services

district shall take no action to deny assistance under the authority of

this subdivision unless it has duly investigated in accordance with

section four hundred twenty-four of this chapter and made a contrary

finding. If a social services district denies assistance after a child

alleges facts which, if true, would render this subdivision inapplicable

by reason of paragraph (c) or (d) of this subdivision, the applicant

shall be entitled to a fair hearing pursuant to section twenty-two of

this chapter held within thirty days of the request, if the request is

timely made.

7. a. Care, treatment and service as provided in subdivision one of

this section may include, in accordance with applicable federal and

state requirements, if any, medical care, instruction and work training

to restore health, aptitudes and capabilities or develop new aptitudes

and skills for the purpose of preparing individuals for gainful

employment.

b. A public welfare official responsible for the assistance and care

of a person who, in the judgment of such official, is employable or

potentially employable, may require such person to receive suitable

medical care and/or undergo suitable instruction and/or work training.

Any such person who wilfully refuses to accept such medical care,

refuses or fails to report for or cooperate in a program of instruction

and/or work training as required by the public welfare official, shall

be ineligible to receive public assistance and care. However, the

requirements of this provision relating to instruction and work training

shall not apply in the case of a person who is not available for

employment by reason of age, health or other disability.

c. The provisions of this section shall not confer authority on a

social services official to provide instruction which is available

through the public school system, but regulations of the department may

make provision for such authority when special need therefor is

demonstrated.

8. This section shall be construed to require the employment of such

employees as may be necessary and qualified to perform or provide the

specialized services indicated by federal or state requirements.

9. Upon determining that a person is eligible for any form or category

of public assistance, the social services official shall issue to any

such person to whom payment is to be made, an appropriate payment access

card, in a form approved by the office of temporary and disability

assistance, which shall be used as the office of temporary and

disability assistance, by regulation, may prescribe for improved

administration.

10. Any applicant who voluntarily terminated his or her employment or

voluntarily reduced his or her earning capacity for the purpose of

qualifying for public assistance or a larger amount thereof shall be

disqualified from receiving such assistance for ninety days from such

termination or reduction, unless otherwise required by federal law or

regulation. Any applicant who applies for public assistance within

ninety days after voluntarily terminating his or her employment or

reducing his or her earning capacity shall, unless otherwise required by

federal law or regulation, be deemed to have voluntarily terminated his

or her employment or reduced his or her earning capacity for the purpose

of qualifying for such assistance or a larger amount thereof, in the

absence of evidence to the contrary supplied by such person.

11. Social services officials are hereby authorized to furnish

assistance which duplicates assistance already granted, but, unless

otherwise specifically required by the provisions of title eight of

article five of this chapter, (i) in no event shall such officials be

required to furnish such assistance and (ii) in no event shall state

reimbursement be available for such expenditures, provided, however,

that any payment required by a court of competent jurisdiction shall be

subject to state reimbursement.

12. Notwithstanding any provision of this chapter or other law to the

contrary, no public assistance or food stamps shall be given to any

individual during the ten-year period that begins on the date the

individual is convicted in federal or state court of having made a

fraudulent statement or representation with respect to his or her place

of residence in order to receive public assistance, medical assistance

or food stamps simultaneously from two or more states or supplemental

security income in two or more states. The preceding sentence shall not

apply with respect to a conviction of an individual in any month

beginning after the president of the United States grants a pardon with

respect to the conduct which was the subject of the conviction.

13. Social services districts shall provide all applicants and

recipients of public assistance with children five years of age or less

with information and a schedule regarding age-appropriate immunizations

for children in accordance with the recommendations of the department of

health. The telephone number of the local county health department shall

be included on the immunization schedule.

14. (a) Notwithstanding any provision of this chapter or other law to

the contrary, no public assistance shall be given to any individual who

is (i) fleeing to avoid prosecution or custody or conviction under the

laws of the place from which the individual flees for a crime, or an

attempt to commit a crime, which is a felony under the laws of the place

from which the individual flees or which, in the case of the state of

New Jersey, is a high misdemeanor under the laws of such state or (ii)

violating a condition of probation or parole imposed under federal or

state law.

(b) For purposes of this section, if and to the extent permitted by

federal law, a person shall be considered to be violating a condition of

probation or parole only if:

(i) he or she is currently an absconder from probation or parole

supervision and a warrant alleging such a violation is outstanding; or

(ii) he or she has been found by judicial determination to have

violated probation or by administrative adjudication by the department

of corrections and community supervision to have violated parole.

Such person shall be considered to be violating a condition of

probation or parole only until he or she is restored to probation or

parole supervision or released from custody, or until the expiration of

the person's maximum period of imprisonment or supervision, whichever

occurs first.

(c) A person considered to be violating a condition of probation or

parole under this section shall include a person who is violating a

condition of probation or parole imposed under federal law.

(d) For purposes of this section, probation or parole shall include

conditional release, wherever applicable.

15. Notwithstanding any provision of this chapter or other law to the

contrary, no public assistance shall be given to or for any minor child

who has been or is expected to be absent from the home of his or her

parent or other caretaker relative for a consecutive period of

forty-five days or more without good cause as set forth in regulations

of the department, nor shall any assistance be given to any parent or

other caretaker relative who fails to notify the social services

district of the absence of the minor child within five days after it

becomes clear to the parent (or relative) that the child will be absent

for a consecutive period of forty-five days or more. Good cause shall

include absence for placement in foster care if the goal set forth in

the child service plan under section four hundred nine-e of this chapter

is the return of the child to a member of the household, or attendance

at school or hospitalization, if it is in the best interests of the

child to return home and return is expected within a reasonable time.

16. If, in accordance with section one hundred fifty-eight, three

hundred forty-nine-b or other provisions of this chapter, the social

services official determines that an individual is not cooperating in

establishing paternity or in establishing, modifying, or enforcing a

support order with respect to a child of the individual, and the

individual does not have good cause for such failure or is not otherwise

excepted from so cooperating in accordance with regulations of the

department, the assistance given to the household shall be reduced by

twenty-five percent.

18. Notwithstanding any provision of this chapter or other law to the

contrary, no public assistance shall be given to any parent under the

age of eighteen, who is not married and has a minor child twelve weeks

of age or more in his or her care and who has not successfully completed

a high school education or its equivalent if such individual does not

participate in educational activities directed toward the attainment of

a high school diploma or its equivalent or an alternative educational or

training program directly related to employment and approved by the

social services district. No person shall be denied assistance under

this subdivision during any period of time in which enrollment in

required educational activities is not available. Nothing herein shall

prohibit a social services district from requiring any person to work

toward attaining a secondary school diploma or its equivalent unless

such person has been determined by a medical, psychiatric or other

appropriate professional to lack the requisite capacity to complete

successfully such a course of study.

19. When a recipient claims that his or her system access device has

been lost, stolen, or destroyed, or that the security features of the

card have been compromised, the local social services district, subject

to reasonable terms and conditions set forth in department regulations

and policies, shall provide the recipient with a replacement card within

forty-eight hours exclusive of weekends and holidays.

20. In accordance with the provisions of this subdivision and the

regulations of the office of temporary and disability assistance, social

services districts shall make all applicants for and recipients of

public assistance aware of their option to receive an information packet

appropriate for victims of sexual assault. Such information packet shall

be made available to all individuals who demonstrate a need for or who

are interested in receiving services appropriate for victims of sexual

assault, and shall include referral and contact information for all

local programs that provide services to victims of sexual assault

including, but not limited to:

(a) sexual assault examiner programs, including a list of any local

hospitals offering sexual assault forensic examiner services certified

by the department of health;

(b) rape crisis centers; and

(c) other advocacy, counseling, and hotline services appropriate for

victims of sexual assault.

Monthly grants and allowances of public assistance. 1. Any

inconsistent provision of this chapter or other law notwithstanding,

social services officials shall, in accordance with the provisions of

this section and regulations of the department, provide public

assistance to needy persons who constitute or are members of a family

household, who are determined to be eligible in accordance with

standards of need established in subdivision two. Provision for such

persons, for all items of need, less any available income or resources

which are not required to be disregarded by other provisions of this

chapter, shall be made in accordance with this section. Such provision

shall be made in monthly or semi-monthly allowances and grants within

the limits of the schedules included in subdivision three of this

section except for additional amounts which shall be included therein

for shelter, fuel for heating, additional cost of meals for persons who

are unable to prepare meals at home and for other items for which

specific provision is otherwise made in article five. As used in this

section the term "shelter" may include a grant not to exceed two

thousand five hundred dollars toward the purchase of an interest in a

cooperative. A social services official shall require assignment of

recipient's equity in such cooperative housing in accordance with the

rules of the board and regulations of the department.

2. (a) Through June thirtieth, two thousand nine, the following

schedule shall be the standard of monthly need for determining

eligibility for all categories of assistance in and by all social

services districts:

Number of Persons in Household

One Two Three Four Five Six

$112 $179 $238 $307 $379 $438

For each additional person in the household there shall be added an

additional amount of sixty dollars monthly.

(a-1) For the period beginning July first, two thousand nine and

ending June thirtieth, two thousand ten, the following schedule shall be

the standard of monthly need for determining eligibility for all

categories of assistance in and by all social services districts:

Number of Persons in Household

One Two Three Four Five Six

$126 $201 $268 $345 $426 $492

For each additional person in the household there shall be added an

additional amount of sixty-seven dollars monthly.

(a-2) For the period beginning July first, two thousand ten and ending

June thirtieth, two thousand twelve, the following schedule shall be the

standard of monthly need for determining eligibility for all categories

of assistance in and by all social services districts:

Number of Persons in Household

One Two Three Four Five Six

$141 $225 $300 $386 $477 $551

For each additional person in the household there shall be added an

additional amount of seventy-five dollars monthly.

(a-3) For the period beginning July first, two thousand twelve and

ending September thirtieth, two thousand twelve, the following schedule

shall be the standard of monthly need for determining eligibility for

all categories of assistance in and by all social services districts:

Number of Persons in Household

One Two Three Four Five Six

$150 $239 $317 $409 $505 $583

For each additional person in the household there shall be added an

additional amount of eighty dollars monthly.

(a-4) For the period beginning October first, two thousand twelve and

thereafter, the following shall be the standard of monthly need for

determining eligibility for all categories of assistance in and by all

social services districts:

Number of Persons in Household

One Two Three Four Five Six

$158 $252 $336 $433 $534 $617

For each additional person in the household there shall be added an

additional amount of eighty-five dollars monthly.

(b) In addition to the above, the standard of need shall include

amounts for shelter and fuel for heating, amounts for home energy

payments (including amounts for supplemental home energy grants),

amounts for additional cost of meals for persons who are unable to

prepare meals at home and amounts for other items when required by

individual case circumstances for which specific provision is otherwise

made in article five of this chapter. For purposes of determining the

amount to be included in the standard of need for shelter and fuel for

heating, to the extent that federal reimbursement is available therefor,

social services officials shall include in the household any child who

has entered foster care pursuant to section three hundred eighty-four-a

of this chapter who was eligible for and in receipt of assistance and

care as a member of the household in and for the month of entry into

foster care and for whom the family service plan, as defined in section

four hundred nine-e of this chapter, includes a goal of discharge to a

member of the household.

(c) Notwithstanding the provisions of this chapter or of any other law

or regulation to the contrary, on and after the effective date of this

paragraph, the amount to be included in the standard of need for shelter

for an eligible tenant residing in city, state or federal public housing

shall be the greater of (i) the shelter allowance for public housing

prescribed by regulations of the department, (ii) the amount payable

pursuant to a modified shelter allowance schedule prescribed by

regulations of the department for the particular housing authority, or

(iii) an amount equal to fifty percent of the maximum shelter allowance

prescribed by regulations of the department for non-public housing

located in the social services district in which the public housing is

located. Commencing one year after such effective date, such shelter

allowance shall be the greater of (i) the shelter allowance for public

housing prescribed by regulations of the department, (ii) the amount

payable pursuant to a modified shelter allowance schedule prescribed by

regulations of the department for the particular housing authority, or

(iii) an amount equal to seventy-five percent of the maximum shelter

allowance prescribed by regulations of the department for non-public

housing located in the social services district in which the public

housing is located. Commencing two years after such effective date, the

amount to be included in the standard of need for shelter for an

eligible tenant residing in city, state or federal public housing shall

be the maximum shelter allowance prescribed by regulations of the

department for non-public housing located in the social services

district in which the public housing is located.

(d) If by the application of the standard of need as provided for in

this subdivision the monthly need of an individual or household is less

than ten dollars, such individual or household shall not be considered

in need of cash assistance but shall be deemed to be a recipient of

assistance for all other purposes including determining eligibility for

medical assistance and social rehabilitative services.

(e) The standard of monthly need, when not a whole dollar amount,

shall be rounded to the next lower whole dollar amount.

3. (a) Through June thirtieth, two thousand nine, persons and families

determined to be eligible by the application of the standard of need

prescribed by the provisions of subdivision two of this section, less

any available income or resources which are not required to be

disregarded by other provisions of this chapter, shall receive maximum

monthly grants and allowances in all social services districts, in

accordance with the following schedule, for public assistance:

Number of Persons in Household

One Two Three Four Five Six

$112 $179 $238 $307 $379 $438

For each additional eligible needy person in the household there shall

be an additional allowance of sixty dollars monthly.

(a-1) For the period beginning July first, two thousand nine and

ending June thirtieth, two thousand ten, persons and families determined

to be eligible by the application of the standard of need prescribed by

the provisions of subdivision two of this section, less any available

income or resources which are not required to be disregarded by other

provisions of this chapter, shall receive maximum monthly grants and

allowances in all social services districts, in accordance with the

following schedule, for public assistance:

Number of Persons in Household

One Two Three Four Five Six

$126 $201 $268 $345 $426 $492

For each additional person in the household there shall be added an

additional amount of sixty-seven dollars monthly.

(a-2) For the period beginning July first, two thousand ten and ending

June thirtieth, two thousand twelve, persons and families determined to

be eligible by the application of the standard of need prescribed by the

provisions of subdivision two of this section, less any available income

or resources which are not required to be disregarded by other

provisions of this chapter, shall receive maximum monthly grants and

allowances in all social services districts, in accordance with the

following schedule, for public assistance:

Number of Persons in Household

One Two Three Four Five Six

$141 $225 $300 $386 $477 $551

For each additional person in the household there shall be added an

additional amount of seventy-five dollars monthly.

(a-3) For the period beginning July first, two thousand twelve and

ending September thirtieth, two thousand twelve, persons and families

determined to be eligible by the application of the standard of need

prescribed by the provisions of subdivision two of this section, less

any available income or resources which are not required to be

disregarded by other provisions of this chapter, shall receive maximum

monthly grants and allowances in all social services districts, in

accordance with the following schedule, for public assistance:

Number of Persons in Household

One Two Three Four Five Six

$150 $239 $317 $409 $505 $583

For each additional person in the household there shall be added an

additional amount of eighty dollars monthly.

(a-4) For the period beginning October first, two thousand twelve and

thereafter, persons and families determined to be eligible by the

application of the standard of need prescribed by the provisions of

subdivision two of this section, less any available income or resources

which are not required to be disregarded by other provisions of this

chapter, shall receive maximum monthly grants and allowances in all

social services districts, in accordance with the following schedule,

for public assistance:

Number of Persons in Household

One Two Three Four Five Six

$158 $252 $336 $433 $534 $617

For each additional person in the household there shall be added an

additional amount of eighty-five dollars monthly.

(b) Notwithstanding the provisions of this section or any other law to

the contrary, no payment of public assistance shall be made for any

month if the amount of such payment would be less than ten dollars per

month.

(c) The amount of the monthly grant and allowance, when not a whole

dollar amount, shall be rounded to the next lower whole dollar amount.

3-c. Commencing July first, nineteen hundred eighty-one, persons and

families determined to be eligible by the application of the standard of

need prescribed by the provision of subdivision two of this section,

shall receive a home energy grant equal to the following monthly

amounts:

Number of Persons in Household

One Two Three Four Five Six

$14.10 $22.50 $30.00 $38.70 $47.70 $55.20

For each additional needy person in the household, there shall be added

an additional amount of seven dollars and fifty cents.

3-d. Commencing January first, nineteen hundred eighty-six, for

persons and families determined to be eligible by the application of the

standard of need prescribed by the provisions of subdivision two of this

section, the amounts set forth in paragraph (a) of subdivision three of

this section, after application of subdivision three-c of this section,

shall be increased by the following amounts as a monthly supplemental

home energy grant:

Number of Persons in Household

One Two Three Four Five Six

$11 $17 $23 $30 $37 $42

For each additional needy person in the household, there shall be added

an additional amount of five dollars monthly.

4. If federal requirements make it necessary to adjust any schedule of

grants and allowances, or part thereof, the department shall make such

adjustments but the adjusted schedule of grants and allowances shall not

exceed the schedule of monthly amounts in subdivision two above.

5. Notwithstanding any other provisions of this chapter or other law,

a social services official may make provisions for the following items

and services: (a) replacement of necessary furniture and clothing for

persons in need of public assistance who have suffered the loss of such

items as the result of fire, flood or other like catastrophe, provided

provisions therefor cannot otherwise be made;

(b) purchase of necessary and essential furniture required for the

establishment of a home for persons in need of public assistance,

provided provision therefor cannot otherwise be made;

(c) essential repair of heating equipment, cooking stoves, and

refrigerators used by persons in need of public assistance in their

homes, provided provision therefor cannot otherwise be made except that

replacement may be authorized when less expensive than repair;

(d) camp fees for a camp operated by a not-for-profit organization,

corporation or agency, which has been issued an operating certificate by

the appropriate health official in whose jurisdiction such camp is

located, when in the judgment of the social services official it is

advisable for the welfare of a child receiving family assistance or

safety net assistance to attend such camp, provided, however, that funds

cannot be obtained from other sources and such assistance is not in

excess of maximum fees as established by regulations of the office of

temporary and disability assistance; life insurance premiums provided

the policy is assigned to the office of temporary and disability

assistance, or in cases where the recipient is aged, his or her life

expectancy is short, or he or she is deemed uninsurable;

(e) Provision of allowances as prescribed by regulations of the

department to meet the needs of a pregnant woman, beginning with the

fourth month of pregnancy which has been medically verified.

(f-1) a one-time benefit to public assistance recipients upon the

birth of a new child, as prescribed by regulations of the department.

7. Whenever a social services official finds that a recipient of

public assistance has failed to fully apply the amount allowed in his

grant for shelter to the payment of rent for his housing accommodations,

unless rent is being withheld pursuant to law or court order, the social

services official shall furnish such recipient's shelter allowance in

the form of direct payments to the owner of such housing accommodations

or his or her designated agent.

8. (a) In determining the need for aid provided pursuant to the public

assistance programs, the following income earned during a month by

applicants for or recipients of such aid shall be exempt and

disregarded:

(i) all of the earned income of a dependent child receiving such aid

or for whom an application for such aid has been made, who is a

full-time student or part-time student attending a school, college, or

university, or a course of vocational or technical training designed to

fit him for gainful employment;

(ii) fifty percent of the earned income for such month of any

recipient; provided, however, that such percentage amount shall be

adjusted in June of each year to reflect changes in the most recently

issued poverty guidelines of the United States Bureau of the Census,

such that a household of three without special needs, living in a heated

apartment in New York city and without unearned income would become

ineligible for assistance with gross earnings equal to the poverty level

in such guidelines;

(iii) from the earned income of any child, applicant, recipient, or

relative applying for or receiving aid pursuant to such program, or of

any other individual living in the same household as such relative and

child whose needs are taken into account in making such determination,

one hundred fifty dollars of the earned income for such month that

remains after application of subparagraph (ii) of this paragraph;

(v) the first one hundred dollars received in such month which

represent support payments timely paid in and for such month for one

child, and the first two hundred dollars received in such month which

represent support payments timely paid in and for such month for two or

more children, and the first one hundred dollars received in such month

which represent support payments timely paid in and for each of any

prior months for one child, and the first two hundred dollars received

in such month which represent support payments timely paid in and for

each of any prior months for two or more children, in any household

applying for or receiving public assistance, including support payments

collected and paid to the public assistance household by the social

services district;

(vi) in any calendar year, all of the earned income of a dependent

child receiving such aid who is a full-time student;

(vii) all of the income of a dependent child living with a parent or

other caretaker relative, who is receiving such aid or for whom an

application for such aid has been made, which is derived from

participation in a program carried out under the federal job training

partnership act (P.L. 97-300) or any successor act, provided, however,

that in the case of earned income such disregard must be applied for at

least, but no longer than, six months per calendar year for each such

child.

(viii) any federal income taxes refunded by reason of section

thirty-two of the Internal Revenue Code of nineteen hundred eighty-six

relating to the earned income tax credit or any payment by an employer

under section three thousand five hundred seven of such code relating to

advance payment of the earned income tax credit.

(ix) all of the income derived from participation in the summer youth

employment program, provided however, that such income shall be exempt

only for an individual who is not older than age twenty-four at the time

of enrollment in the summer youth employment program and such disregard

must be applied for the length of the individual's participation in such

program.

(x) all of the income of a head of household or any person in the

household, who is receiving such aid or for whom an application for such

aid has been made, which is derived from the health care and mental

hygiene worker bonuses under section three hundred sixty-seven-w of this

article or under the chapter of the laws of two thousand twenty-two

which added this subparagraph.

* (xi) Any financial assistance received by individuals as part of

their participation in a pilot program that has developed a plan to

study and evaluate the impact and potential benefits of direct cash

transfers. Such exemption and disregard shall be applicable for the

length of time the individual participates in the program, but not

longer than sixty months.

* NB Repealed March 23, 2029

(xii) all of the earned income of a recipient of public assistance

that is derived from participation in a qualified work activity or

training program as determined by the office of temporary and disability

assistance, to the extent that such earned income has not already been

disregarded pursuant to subparagraph (vii) of this paragraph, provided

that the recipient's total income shall not be more than two hundred

percent of the federal poverty level.

(xiii) once during the lifetime of a recipient of public assistance,

all of the earned income of such recipient will be disregarded following

job entry, provided that such exemption of income for purposes of public

assistance eligibility shall be for no more than six consecutive months

from the initial date of obtaining such employment and that the

recipient's total income shall not be more than two hundred percent of

the federal poverty level. In the event a recipient moves from one to

another social services district, this disregard shall follow the

recipient.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, there shall not be disregarded under subparagraphs (ii) and

(iii) of such paragraph any earned income of any of the persons to which

subparagraph (ii) of such paragraph applies if such person:

(i) terminated his employment or reduced his earned income without

good cause, within a period of not less than seventy-five days, or such

other period of time as required by federal law or regulation, prior to

a determination of need for public assistance;

(ii) refused without good cause, within such seventy-five day period,

to accept employment in which he is able to engage, which is offered

through the public employment office of the New York state department of

labor or refused to accept employment otherwise offered by an employer

if the offer of such employer is determined by an appropriate social

services official to be a bona fide offer of employment; or

(iii) failed without good cause to make a timely report to the

appropriate social services district of earned income received in the

month a determination of need is made.

(c) There shall not be disregarded under subparagraph (iii) of

paragraph (a) of this subdivision any earned income of any of the

persons specified in subparagraph (ii) of such paragraph, if the income

of such person was in excess of his or her need, unless such person

received public assistance in one or more of the four months preceding

the month of need determination.

9. In determining the eligibility of a child for public assistance and

the amount of such assistance for any month there shall be taken into

consideration so much of the income of such dependent child's stepparent

living in the same household as such child as exceeds the sum of:

(a) the first seventy-five dollars of the total of the stepparent's

earned income for such month, or such lesser amount as the department

may prescribe in the case of a stepparent not engaged in full-time

employment or not employed throughout such month consistent with federal

law and regulations;

(b) the standard of need as contained in this section for a family of

the same composition as the stepparent and those other individuals

living in the same household as the child who are not applying for or

receiving benefits and are claimed by such stepparent as dependents for

purposes of determining such stepparent's federal income tax liability;

(c) amounts paid by the stepparent to individuals not living in such

household and claimed by such stepparent as dependents for purposes of

determining such stepparent's federal personal income tax liability; and

(d) payments of alimony or child support made by such stepparent with

respect to individuals not living in such household.

12. (a) No public assistance household having income which, after

application of applicable disregards, exceeds the household standard of

need, because of the receipt in any month of a nonrecurring lump sum of

earned or unearned income, shall be eligible for public assistance for a

period equal to the full number of months derived by dividing (i) the

sum of the lump sum income and all other income received in such month

which is not excluded under subdivision eight of this section; by (ii)

the standard of need for a family size which consists of the public

assistance household plus any other individuals whose lump sum income is

considered available to such household. Any income remaining from this

calculation is income in the first month following such period of

ineligibility.

(b) At any time after determining the period of ineligibility as

required in paragraph (a) of this subdivision, the social services

official shall recalculate the remaining period of ineligibility in such

circumstances and under such conditions as the department shall

prescribe by regulation, subject to paragraph (c) of this subdivision

and consistent with federal law and regulations.

(c) The social services official shall exclude from any lump sum

income any amounts which are exempt and disregarded as cash and liquid

or nonliquid resources pursuant to section one hundred thirty-one-n of

this title and shall recalculate the period of ineligibility caused by

receipt of a nonrecurring lump sum of income subject to this subdivision

to the extent that such income is applied to any or all of the following

within ninety days of receipt: an automobile needed for the applicant or

recipient to seek or retain employment or for travel to and from work

activities as defined in section three hundred thirty-six of this

chapter, a bank account or accounts, or a burial plot or plots, or a

funeral agreement or agreements, the values of which are exempt and

disregarded as a resource pursuant to section one hundred thirty-one-n

of this title.

13. Pursuant to regulations of the office of temporary and disability

assistance, public assistance eligibility shall, to the extent permitted

by federal law, not lapse solely by reason of the death of the adult

relative caretaker of a minor child, until arrangements are completed

for the addition of the child to another public assistance household,

reclassification of the case, foster care or other appropriate financial

support. For purposes of subdivision eight of section one hundred

fifty-three of this article, safety net assistance given to such a child

during the first forty-five days after application therefor shall be

regarded as being given to meet emergency circumstances.

14. In determining the need for aid provided pursuant to public

assistance programs, each person living with medically diagnosed HIV