§ 350 — Character and adequacy

§ 350. Character and adequacy. 1. (a) Allowances shall be adequate to\nenable the father, mother or other relative to bring up the child\nproperly, having regard for the physical, mental and moral well-being of\nsuch child, in accordance with the provisions of section one hundred\nthirty-one-a of this chapter and other applicable provisions of law.\nAllowances shall provide for the support, maintenance and needs of one\nor both parents if in need, and in the home and for the support,\nmaintenance and needs of the other relative if he or she is without\nsufficient means of support, provided such parent, parents and relative\nare not receiving federal supplemental security income payments and/or\nadditional state payments for which they are eligible. The social\nservices official may, in his discretion, make the incapacitated parent\nthe grantee of the allowance and when allowances are granted for the aid\nof a child or children due to the unemployment of a parent, such\nofficial may make the unemployed parent the grantee of the allowance.\n (b) When permitted in accordance with regulations of the department,\nprovision may be made under this title for any item of maintenance of\neligible individuals who are receiving medical assistance for needy\npersons in a hospital, nursing home, infirmary or other eligible medical\ninstitutions. However, aid under this title shall not include provisions\nfor care or services in any hospital, nursing home, infirmary or other\neligible medical institutions when such care and services may be\nprovided as medical assistance for needy persons pursuant to title\neleven of article five.\n (e) Any inconsistent provisions of this title notwithstanding, so long\nas federal law and regulations require, family planning services and\nsupplies shall be offered and promptly furnished to eligible persons of\nchildbearing age, including children who can be considered sexually\nactive, who desire such services and supplies, in accordance with the\nregulations of the department. In order to maximize federal financial\nparticipation, the department may require that such services shall be\nfurnished under title eleven of article five. No person shall be\ncompelled or coerced to accept such services or supplies.\n (f) When, in the judgment of the social services official, care cannot\nbe provided in the mother's own home, care may be provided in a licensed\nmaternity home, a family home or boarding home for a child or his mother\nin need of public assistance and care during pregnancy and during and\nafter delivery and for eligible persons assistance may be provided in a\nfamily home or boarding home, provided that no assistance will be\nprovided under this title when such assistance can be provided under\ntitle eleven. Payments to such homes and institutions for care and\nmaintenance provided by them shall be at rates established pursuant to\nlaw, and regulations of the department. The department, however, shall\nnot establish rates of payment to homes and institutions without\napproval of the director of the budget.\n (g) The social services official of a social services district shall\nadvise persons who are eligible for aid under this title of the\navailability for their benefit of child health screening services and of\ncare and treatment of disabilities and conditions discovered by such\nscreening under the provisions of title eleven of article five of this\nchapter; and upon request such official shall promptly furnish such\nservices or care and treatment under the provisions of such title.\n 2. Assistance funded in whole or in part under the temporary\nassistance to needy families block grant program temporary assistance to\nneedy families (a) shall not be granted to any family which includes an\nadult who has received any form of assistance funded in whole or in part\nunder the temporary assistance to needy families block grant program\nunder title IV-A of the federal social security act in this state or in\nany other state for a cumulative period of longer than sixty months,\nprovided that, (i) in determining the number of months for which an\nindividual who is a parent or pregnant has received assistance, there\nshall not be included any period in which the individual was a minor\nchild who was not the head of household or married to the head of\nhousehold, and (ii) the social services district shall, in accordance\nwith regulations of the department, subject to any federal limitations,\nexempt a family from the application of this subdivision on the basis of\nhardship when the adult family member is unable to work because of an\nindependently verified physical or mental impairment including those\nresulting from domestic violence, or when the adult family member is in\nreceipt of supplemental security income payments under title XVI of the\nfederal social security act or additional state payments under title six\nof this article, and (iii) provided that periods in which an adult\nreceives cash assistance in the safety net assistance program shall be\nincluded in the cumulative period referred to in this paragraph\nregardless of whether such assistance was funded in whole or in part by\nthe temporary assistance to needy families block grant program;\n (b) may be increased, decreased or revoked at any time; and\n (c) except in the case of a child reaching the age of eighteen years,\nmay be continued for a period of not more than one month after a child\nbecomes ineligible to be granted allowance under this title.\n 4. Adequate supervision of all families receiving such aid shall be\nprovided and supervisory visits shall be made to each family as\nfrequently as the regulations of the department and the circumstances of\nthe case may require.\n 5. The social services official of the social services district shall\nin cooperation with other public officers, private relief societies and\nindividuals seek to secure for persons to whom allowances are granted as\nprovided in this title or who apply for such allowances additional\nassistance whenever the social services official is unable adequately to\nprovide for their needs and the needs of their families. It shall be the\nduty of such official and the family court to cooperate with each other\nin the effective enforcement of the obligation of the parents of\nchildren for whose benefit such allowances are granted to support such\nchildren to the extent of the parents' ability to do so.\n