N.Y. Comp. Codes R. & Regs. tit. 18 § 436.6

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

Section 436.6 - Annual notification

(a) The social services official, on an annual basis, must remind the relative guardian or the successor guardian of the relative guardian's or successor guardian's obligation to support the child and to notify the social services official if the relative guardian or the successor guardian is no longer providing any support or is no longer legally responsible for the support of the child. Where the child is school age under the laws of the state in which the child resides, such notification must include a requirement that the relative guardian or the successor guardian must certify and provide satisfactory documentation to the district that the child is a full-time elementary or secondary student or has completed secondary education. For the purposes of this section, an elementary or secondary school student means a child who is:

(1) enrolled, or in the process of enrolling, in a school which provides elementary or secondary education, in accordance with the laws where the school is located;

(2) instructed in elementary or secondary education at home, in accordance with the laws in which the child's home is located;

(3) in an independent study elementary or secondary education program, in accordance with the laws in which the child's education program is located, which is administered by the local school or school district; or

(4) incapable of attending school on a full-time basis due to the child's medical condition, which incapacity is supported by annual information submitted by the relative guardian or the successor guardian as part of this certification.

(b) Where the child has attained the age of 18 but is under 21 years of age, the relative guardian or successor guardian must certify and provide satisfactory documentation to the district that the child is:

(1) completing secondary education or a program leading to an equivalent credential;

(2) enrolled in an institution which provides post-secondary or vocational education;

(3) employed for at least 80 hours per month;

(4) participating in a program or activity designed to promote, or remove barriers to employment; or

(5) incapable of any of such activities due to a medical condition, which incapacity is supported by regularly updated information in the child's case record.

(c)

(1) For the purpose of subdivision (a) of this section, satisfactory documentation of the child's education status means a document executed by an appropriate school official that confirms that the child satisfies one of the standards set forth in paragraphs (a)(1)-(3) of this section.

(2) For the purpose of subdivision (b) of this section:

(i)satisfactory documentation of the child's education status means a document executed by an appropriate school official that confirms that the child satisfies one of the standards set forth in paragraph (b)(1) or (2) of this section;

(ii)satisfactory documentation of the child's employment status means a document executed by the child's employer that confirms that the child satisfies the standard set forth in paragraph (b)(3) of this section; and

(iii)satisfactory documentation of the child's participation in a program or activity designed to promote, or remove barriers to, employment means a document executed by such program or activity that the child satisfies the standard set forth in paragraph (b)(4) of this section.

(d) For any child in receipt of kinship guardianship assistance payments, the relative guardian or the successor guardian must certify to the district whether the child continues to reside in the home of the relative guardian or the successor guardian or, if not, the relative guardian or the successor guardian must inform the district where the child currently resides.

(e) The relative guardian or the successor guardian must return the certification referenced in this section along with required documentation to the social services official within 30 days of receipt by the relative guardian or the successor guardian.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 436.6

Amended New York State Register May 11, 2016/Volume XXXVIII, Issue 19, eff.5/11/2016

Amended New York State Register June 20, 2018/Volume XL, Issue 25, eff. 6/20/2018