Roberts v. Perales

595 N.E.2d 850, 79 N.Y.2d 686, 584 N.Y.S.2d 775, 1992 N.Y. LEXIS 1540
CourtNew York Court of Appeals
DecidedJune 11, 1992
StatusPublished
Cited by2 cases

This text of 595 N.E.2d 850 (Roberts v. Perales) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Perales, 595 N.E.2d 850, 79 N.Y.2d 686, 584 N.Y.S.2d 775, 1992 N.Y. LEXIS 1540 (N.Y. 1992).

Opinion

OPINION OF THE COURT

Bellacosa, J.

The respondents, State and City Commissioners of Social Services, discontinued paying Aid to Families with Dependent Children (AFDC) benefits to petitioner-appellant Roberts for six children who had been removed from her home and placed in foster care. The issue is whether the Commissioners, after paying AFDC benefits and foster care maintenance payments for the same children for 11 months, had the authority to make the factual determination in this case that the children’s absence from the Roberts’ home for 11 months [690]*690ceased to be a "temporary absence” for purposes of discontinuing AFDC shelter and utilities benefits with respect to the children at that point in time. We hold that the then-applicable statutes and regulations did not prohibit administrative reduction of these benefits and that the determinations are supported by substantial evidence.

Petitioners Roberts, her two minor children and four minor grandchildren resided in a Bronx apartment. They received AFDC, Medicaid and Food Stamp benefits for a family of seven. In June 1987, the children were removed to foster care after the City Social Services Department filed an abuse and neglect petition against Roberts as to all six children. Following a fact-finding hearing 10 months later in April 1988, Family Court made a finding of abuse as to three children and neglect as to all six. The children were continued' in foster care pending final disposition.

Roberts received public assistance benefits for a family of seven people throughout this period until May 6, 1988 — some 11 months after the children had been removed from the household and placed in foster care. On that date, the City Commissioner reduced her benefits proportionate to a household of one person. On August 11, 1988, after Roberts received her requested fair hearing, the respondent State Commissioner approved the City’s reduction of benefits. The stated grounds were that the children had not been residing in Roberts’ household for some time and all their needs during the extended period were being met by the separate foster care maintenance payments.

Earlier in August, Family Court, based on a dispositional hearing, ordered Roberts’ two children returned to her custody immediately; the four grandchildren were to be returned by fixed dates over a five-month period. Full public assistance benefits for each child were directed to be restored upon the return of each child to the AFDC household.

Petitioners commenced this CPLR article 78 proceeding challenging the determination that had reduced the AFDC benefits for a period of several months, and seeking a declaration of entitlement to full AFDC benefits for a household of seven people, retroactive to May 6, 1988. Supreme Court granted their petition and restored their benefits retroactive to the date of reduction on the ground that the children were only "temporarily absent” from the AFDC household and full, uninterrupted benefits were therefore required (144 Misc 2d [691]*691912, 913). The Appellate Division unanimously reversed, reinstated the respondents’ reduction determination and dismissed the petition, reasoning that Federal and State law and public policy do not compel indefinite continuation of AFDC benefits while children are out of the AFDC home and in foster care (169 AD2d 274). The Appellate Division rested its decision principally on its reasoning in Campfield v Perales (169 AD2d 267).

Appellants’ central argument is that Social Services officials lack authority to make a factual determination concerning when foster care ceases to be a “temporary absence” within the meaning of the AFDC entitlement regulations, and lack authority to terminate AFDC benefits attributable to children in foster care until there is a dispositional hearing under article 10 of the Family Court Act.

Additionally, appellants argue, and we recognize, that apart from fiscal concerns and management, governmental officials have a correspondingly significant obligation to provide services and resources and must make efforts within their powers to prevent dissolution of families and to reunite families from which children have been removed to foster care (see, Social Services Law § 131 [3]; § 384-b [1] [a]; see also, 42 USC § 671 [a] [15]). Where lack of adequate housing is the primary factor preventing reunification, “preventative services shall include, in addition to any other payments or benefits received by the family, special cash grants in the form of rent subsidies, including rent arrears, or any other assistance, sufficient to obtain adequate housing”. (Social Services Law § 409-a [5] [c].) Appellant contends, and the trial court agreed, that in this case respondents’ action in reducing her seven-person AFDC benefits package conflicts with the respondents’ obligations and undermined and inhibited the reunification of this family. We cannot agree on this record. As the Appellate Division recognized, in these circumstances petitioners have not made an adequate showing that the factual determination in this case based on the then-current policy was insufficient to prevent, or threatened, the breakup of this family (Matter of Roberts v Perales, 169 AD2d 274, 276, supra, quoting Campfield v Perales, 169 AD2d 267, 271, supra).

The Federal AFDC statutes, as they applied at the pertinent time, did not expressly compel States to make indefinite duplicative payments for both AFDC and foster care for the same child (see, 42 USC § 601 et seq.; § 678 [repealed by Pub L [692]*692101-508, tit V, § 5052 (b), eff May 1, 1991], recodified as 42 USC § 609; see also, § 672 [a]; Campfield v Perales, 169 AD2d 267, 271, supra; 56 Fed Reg 64195 [Dec. 9, 1991]).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Indiana Department of Public Welfare v. Hupp
605 N.E.2d 768 (Indiana Court of Appeals, 1992)
Kramer v. New Mexico Human Services Department
840 P.2d 1245 (New Mexico Court of Appeals, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
595 N.E.2d 850, 79 N.Y.2d 686, 584 N.Y.S.2d 775, 1992 N.Y. LEXIS 1540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-perales-ny-1992.