N.Y. Comp. Codes R. & Regs. tit. 18 § 311.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 311.4 - Continuing responsibility of district of former residence

(a) In accordance with paragraph (d) of subdivision 5 of section 62 of the Social Services Law, if a town, city or county provides care for a person in a family home, boarding home, intermediate care facility, nursing home, hospital or institution outside of its territory and pays the vendor or supplier for such care, or sends a grant to the recipient, the agency making such provision shall continue to be responsible for payment for such care as long as the recipient of assistance or care is in need thereof. In the event that 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 agency which would be responsible for such required assistance and care if such person had remained in the territory of the town, city or county making such provision.

(1) The phrase provides care means makes arrangements or participates actively in making arrangements for care directly or indirectly, in whole or in part.

(2) The word person includes both adult and child.

(3) For adults, the term facility means the home of a relative or close friend in which the arrangement for board and care is not a commercial one even though public funds are needed. Ordinarily, payment would not exceed cost of food and shelter, i.e., there would be no charge for service and no element of profit.

(4) In the case of children, a family home means the home of a relative or guardian to whom payment may be made through public assistance grants.

(5) For adults, the term boarding home means board and room, with or without extra care, arranged for on a commercial basis, with the rate paid povering [FN1] profit or payment for services required. It also includes shelter provided under protective conditions, with or without meals on the premises, for youths or handicapped adults during a period of training or treatment.

(6) For children, the boarding home means a home or institution or a home in which a minor between the ages of 16 and 18 is placed under the provisions of paragraph (i) of subdivision 6 of section 398 of the Social Services Law.

(7) The term institution includes a public or private child caring institution, a private home for the aged, a private institution for the blind, a public home or infirmary.

(8) Outside of its territory means in another town, city or county within New York State.

(9) Any other type of care includes hospital or other institutional care for a person already receiving care in a family home, boarding home, intermediate care facility, nursing home, home for the aged, etc.; care in a family home, boarding home, intermediate care facility, nursing home, etc., for a person who has been receiving care in a hospital or other institution; clothing, medical services or supplies or other special items of assistance for a person receiving care under any of the specified conditions; or burial for any such person.

(10) Under the provisions of an amendment to paragraph (c) of subdivision 5 of section 62 of the Social Services Law, a new paragraph was added which relates to the termination of continuing liability as to children. This revision is incorporated in chapter 41 of the Laws of 1958. Thereunder, when a child who has been cared for away from his home by or on behalf of a public welfare district, pursuant to title 2 of article 6 or other provisions of the Social Services Law, the Children's Court Act of the State of New York, the Domestic Relations Court Act of the City 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, this formal discharge shall terminate the responsibility of such public welfare district to furnish assistance and care for such child; following such a 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 such assistance and care for him as for any other child residing in the district.

(i) The primary purpose and effect of this revision is to recognize the distinction between a formal and permanent discharge of a child from foster care to "his own home" and a temporary or "on trial" return of the child to his own home from foster care.

(11) When a recipient of public assistance or care removes himself from a town, city or county and establishes himself in some other town, city or county on a temporary or permanent basis, without the knowledge, consent and active participation of the public welfare official from whom he receives assistance or care, such official cannot be held responsible for continuing to provide care except as such absence falls within the temporary absence provisions relating to AB, AD, ADC or OAA. Similarly, when care is provided outside the territory in other than a family home, boarding home, intermediate care facility, nursing home, hospital or institution, the public welfare official has no continuing responsibility. The official in the new district is responsible therefor. Policies and procedures described in sections 311.2 and 311.3, supra, and department instructions apply.

(b) Social services districts must offer and provide emergency shelter and services to victims of domestic violence, as defined in section 452.2(g) of this Title, who are in receipt of or eligible for emergency assistance to needy families, aid to dependent children, home relief or any other form of public assistance and care under sections 131 or 131-a of the Social Services Law, at an approved residential program for victims of domestic violence to the extent that such shelter is necessary and available. The social services district in which a victim of domestic violence was residing at the time of the alleged domestic violence incident is responsible for the costs of shelter, care and services provided to such victim and his or her children at a department approved residential program for victims of domestic violence located in another social services district, if the victim was in receipt of public assistance and care at the time of admission to such residential program or if the victim applies for emergency assistance to needy families, aid to dependent children, home relief or any other form of public assistance and care under sections 131 or 131-a of the Social Services Law, during the time of residency in such program and is found eligible for such assistance and care. If a victim of an alleged domestic violence incident is in a department approved residential program for victims of domestic violence located in a social services district, other than the district in which he or she resided at the time of the domestic violence incident, he or she may apply for assistance and care in the social services district in which the program is located. The social services district to which such application is submitted must forward the completed application, within five days of its receipt, to the district in which the victim resided at the time of the domestic violence incident. Responsibility for the costs of such shelter, care and services is limited to the period during which the victim and his or her children reside in such program. Responsibility for public assistance and care for any period after termination of such residency must be determined in accordance with the applicable provisions of this section.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 311.4