§ 458-B — Kinship guardianship assistance payments

New York § 458-B

• Jurisdiction: New York
• Law SOS: Social Services
• Title 10: Kinship Guardianship Assistance Program
• Art. 6: Children

Text

§ 458-b. Kinship guardianship assistance payments. 1. A child is\neligible for kinship guardianship assistance payments under this title\nif the social services official determines the following:\n (a) The child has been in foster care for at least six consecutive\nmonths in the home of the prospective relative guardian; and\n (b) The child being returned home or adopted are not appropriate\npermanency options for the child; and\n (c) The child demonstrates a strong attachment to the prospective\nrelative guardian and the prospective relative guardian has a strong\ncommitment to caring permanently for the child; and\n (d) That age appropriate consultation has been held with the child,\nprovided however with respect to a child who has attained fourteen years\nof age, that the child has been consulted regarding the kinship\nguardianship arrangement, and with respect to a child who has attained\neighteen years of age, that the child has consented to the kinship\nguardianship arrangement.\n (e) (i) If the child has been placed into foster care pursuant to\narticle ten or ten-C of the family court act, that both the fact finding\nhearing pursuant to section one thousand fifty-one of the family court\nact or section one thousand ninety-five of the family court act,\nrespectively, and the first permanency hearing pursuant to paragraph two\nof subdivision (a) of section one thousand eighty-nine of the family\ncourt act have been completed; or\n (ii) for all the other children, that the first permanency hearing has\nbeen completed.\n (f) The financial status of the prospective relative guardian shall\nnot be considered in determining eligibility for kinship guardianship\nassistance payments.\n 1-a. A child shall remain eligible for kinship guardianship assistance\npayments under this title when a successor guardian as defined in\nsubdivision six of section four hundred fifty-eight-a of this title\nassumes care and guardianship of the child.\n 2. (a) A prospective relative guardian who has been caring for an\neligible foster child for at least six consecutive months and who\nintends to seek guardianship or permanent guardianship of the child may\napply to the social services official who has custody, care and custody,\nor guardianship and custody of the child to receive kinship guardianship\nassistance payments, non-recurring guardianship payments, and other\napplicable services and payments available under this title on behalf of\nthe child.\n (b) Applications shall only be accepted prior to issuance of letters\nof guardianship of the child to the relative guardian pursuant to the\nprovisions of the family court act or the surrogate's court procedure\nact.\n (c) Notwithstanding any other provision of law to the contrary, a\nprospective relative guardian and any person over the age of eighteen\nliving in the home of the prospective relative guardian who has not\nalready been subject to a national and state criminal history record\ncheck pursuant to section three hundred seventy-eight-a of this article\nas part of the process of the prospective relative guardian becoming a\ncertified or approved foster parent must complete such a record check in\naccordance with the procedures and standards set forth in such section\nprior to the social services official acting upon the application. The\nsocial services official must inquire of the office of children and\nfamily services whether each prospective relative guardian and each\nperson over the age of eighteen living in the home of the prospective\nrelative guardian has been or is currently the subject of an indicated\nreport of child abuse or maltreatment on file with the statewide central\nregister of child abuse and maltreatment and, if the prospective\nrelative guardian or any other person over the age of eighteen residing\nin the home of the prospective relative guardian resided in another\nstate in the five years preceding the application, request child abuse\nand maltreatment information maintained by the child abuse and\nmaltreatment registry from the applicable child welfare agency in each\nsuch state of previous residence, if such a request has not been made as\npart of the process of the prospective relative guardian becoming a\ncertified or approved foster parent.\n (d) (i) Notwithstanding any other provision of law to the contrary,\nprior to the social services official approving a prospective successor\nguardian to receive payments pursuant to this title in accordance with\nsubparagraph (ii) of paragraph (b) of subdivision five of this section:\n(1) the social services official must complete a national and state\ncriminal history record check pursuant to subdivision two of section\nthree hundred seventy-eight-a of this article for the prospective\nsuccessor guardian and any person over the age of eighteen living in the\nhome of the prospective successor guardian, in accordance with the\nprocedures and standards set forth in such subdivision; and (2) the\nsocial services official must inquire of the office of children and\nfamily services, in accordance with section four hundred twenty-four-a\nof this article, whether each prospective successor guardian and each\nperson over the age of eighteen living in the home of the prospective\nsuccessor guardian has been or is currently the subject of an indicated\nreport of child abuse or maltreatment on file with the statewide central\nregister of child abuse and maltreatment and, if the prospective\nsuccessor guardian or any other person over the age of eighteen residing\nin the home of the prospective successor guardian resided in another\nstate in the five years preceding the inquiry, request child abuse and\nmaltreatment information maintained by the child abuse and maltreatment\nregistry from the applicable child welfare agency in each such state of\nprevious residence.\n (ii) It shall be the duty of the prospective successor guardian to\ninform the social services official that has entered into an agreement\nwith the relative guardian for payments under this title in writing of\nthe death or incapacity of the relative guardian and of the prospective\nsuccessor guardian's desire to enforce the provisions in the agreement\nthat authorize payment to him or her in the event of the death or\nincapacity of the relative guardian.\n (iii) The clearances requires by subparagraph (i) of this paragraph\nshall be conducted following receipt by the social services official of\nthe written communication required by subparagraph (ii) of this\nparagraph.\n 3. If the social services official determines that the child is\neligible for kinship guardianship assistance payments and it is in the\nbest interests of the child for the relative to become the legal\nguardian of the child, the social services official shall enter into an\nagreement with the prospective relative guardian authorizing the\nprovision of kinship guardianship assistance payments, non-recurring\nguardianship payments, and other services and payments available under\nthis title subject to the issuance by the court of letters of\nguardianship of the child to the prospective relative guardian and the\nchild being finally discharged from foster care to such relative. In\ndetermining whether it is in the best interests of the child for the\nrelative to become the relative guardian of the child, the social\nservices official must determine and document that compelling reasons\nexist for determining that the return home of the child and the adoption\nof the child are not in the best interests of the child and are,\ntherefore, not appropriate permanency options. A copy of the fully\nexecuted agreement must be provided by the social services official to\nthe prospective relative guardian.\n 4. (a) Payments and eligibility for services under this title shall be\nmade pursuant to a written agreement between the social services\nofficial and the prospective relative guardian.\n (b) The written agreement shall specify, at a minimum: the amount of,\nand manner in which, each kinship guardianship assistance payment will\nbe provided under the agreement; the manner in which the payments may be\nadjusted periodically, in consultation with the relative guardian, based\non the circumstances of the relative guardian and the needs of the\nchild; the additional services and assistance that the child and the\nrelative guardian will be eligible for under the agreement, which shall\nbe limited to the additional services and assistance set forth in this\ntitle; the procedures by which the relative guardian may apply for\nadditional services, as needed; that the social services official will\npay the total cost of nonrecurring expenses associated with obtaining\nlegal guardianship of the child, to the extent the total cost does not\nexceed two thousand dollars in accordance with section four hundred\nfifty-eight-c of this title; and, that the agreement will remain in\neffect regardless of the state of residence of the relative guardian at\nany time.\n (c) The agreement must be fully executed prior to the issuance of\nletters of guardianship of the child to the relative guardian in order\nfor the child to be eligible for payments and services under this title.\n (d) Payments pursuant to this section may be made by direct deposit or\ndebit card, as elected by the recipient, and administered\nelectronically, and in accordance with section twenty-one-a of this\nchapter and with such guidelines as may be set forth by regulation of\nthe office of children and family services. The office of children and\nfamily services may enter into contracts on behalf of local social\nservices districts for such direct deposit or debit card services in\naccordance with section twenty-one-a of this chapter.\n (e) The original kinship guardianship assistance agreement executed in\naccordance with this section and any amendments thereto may name an\nappropriate person to act as a successor guardian for the purpose of\nproviding care and guardianship for a child in the event of death or\nincapacity of the relative guardian. Nothing herein shall be deemed to\nrequire the relative guardian to name a prospective successor guardian\nas a condition for the approval of a kinship guardianship assistance\nagreement.\n (f) A fully executed agreement between a relative guardian and a\nsocial services official may be amended to add or modify terms and\nconditions mutually agreeable to the relative guardian and the social\nservices official, including the naming of an appropriate person to\nprovide care and guardianship for a child in the event of death or\nincapacity of the relative guardian.\n (g) The social services official shall inform the relative guardian of\nthe right to name an appropriate person to act as a successor guardian\nin the original kinship guardianship assistance agreement or through an\namendment to such agreement.\n (h) A fully executed agreement between a relative guardian or a\nsuccessor guardian and a social services official may be terminated if:\n (i) in accordance with paragraph (b) of subdivision seven of this\nsection, a social services official has determined that a relative\nguardian or a successor guardian is no longer legally responsible for\nthe support of the child; or\n (ii) following the death or permanent incapacity of a relative\nguardian, all prospective successor guardians named in such agreement\nwere not approved by the social services district pursuant to\nsubparagraph (ii) of paragraph (b) of subdivision five of this section.\n 5. (a) Once the prospective relative guardian with whom a social\nservices official has entered into an agreement under subdivision four\nof this section has been issued letters of guardianship for the child\nand the child has been finally discharged from foster care to such\nrelative, a social services official shall make monthly kinship\nguardianship assistance payments for the care and maintenance of the\nchild.\n (b) (i) In the event of death or incapacity of a relative guardian, a\nsocial services district shall make monthly kinship guardianship\nassistance payments for the care and maintenance of a child to a\nsuccessor guardian that has been approved pursuant to subparagraph (ii)\nof this paragraph.\n (ii) Following the death or incapacity of the relative guardian, a\nsocial services official shall approve a prospective successor guardian\nthat is named in the agreement between the relative guardian and a\nsocial services official for payments under this title and that has been\nawarded guardianship or permanent guardianship of the child by the court\nunless, based on the results of the clearances required by paragraph (d)\nof subdivision two of this section, the social services official has\ndetermined that approval of the prospective successor guardian is not\nauthorized or appropriate. Provided however, that no approval can be\nissued pursuant to this paragraph unless the prospective successor\nguardian has been awarded guardianship or permanent guardianship of the\nchild by the court and the clearances required by paragraph (d) of\nsubdivision two of this section have been conducted.\n (iii) Notwithstanding any other provision of law to the contrary, if a\nprospective successor guardian assumes care of the child prior to being\napproved pursuant to subparagraph (ii) of this paragraph, payments under\nthis title shall be made once a prospective guardian is approved\npursuant to such subparagraph retroactively from: (1) in the event of\ndeath of the relative guardian, the date the successor guardian assumed\ncare of the child or the date of death of the relative guardian,\nwhichever is later; or (2) in the event of incapacity of the relative\nguardian, the date the successor guardian assumed care of the child or\nthe date of incapacity of the relative guardian, whichever is later.\n (c) In the event that a successor guardian assumed care and was\nawarded guardianship or permanent guardianship of a child due to the\nincapacity of a relative guardian and the relative guardian is\nsubsequently awarded or resumes guardianship or permanent guardianship\nof such child and assumes care of such child after the incapacity ends,\na social services official shall make monthly kinship guardianship\nassistance payments for the care and maintenance of the child to the\nrelative guardian, in accordance with the terms of the fully executed\nwritten agreement.\n 6. The amount of the monthly kinship guardianship assistance payment\nmade pursuant to this section shall be determined pursuant to\nregulations of the office. The amount of the monthly payment shall not\nbe less than seventy-five per centum of the applicable board rate nor\nmore than one hundred per centum of such rate as determined by the\nsocial services district in accordance with the regulations of the\noffice; provided, however, that the rate chosen by the social services\ndistrict shall be equal to the rate used by the district for adoption\nsubsidy payments under section four hundred fifty-three of this article.\nThe social services official shall consider the financial status of the\nprospective relative guardian or relative guardian only for the purpose\nof determining the amount of the payments to be made.\n 7. (a) Kinship guardianship assistance payments shall be made to the\nrelative guardian or guardians until the child's eighteenth birthday or\nuntil the child attains twenty-one years of age provided the child\nconsented upon attaining the age of eighteen and is: (i) completing\nsecondary education or a program leading to an equivalent credential;\n(ii) enrolled in an institution which provides post-secondary or\nvocational education; (iii) employed for at least eighty hours per\nmonth; (iv) participating in a program or activity designed to promote,\nor remove barriers to, employment; or (v) incapable of any of such\nactivities due to a medical condition, which incapability is supported\nby regularly updated information in the case plan of the child.\n (b) (i) Notwithstanding paragraph (a) of this subdivision, and except\nas provided for in paragraph (b) of subdivision five of this section, no\nkinship guardianship assistance payments may be made pursuant to this\ntitle if the social services official determines that the relative\nguardian is no longer legally responsible for the support of the child,\nincluding if the status of the legal guardian is terminated or the child\nis no longer receiving any support from such guardian. In accordance\nwith the regulations of the office, a relative guardian who has been\nreceiving kinship guardianship assistance payments on behalf of a child\nunder this title must keep the social services official informed, on an\nannual basis, of any circumstances that would make the relative guardian\nineligible for such payments or eligible for payments in a different\namount.\n (ii) Notwithstanding paragraph (a) of this subdivision, and except as\nprovided for in paragraph (c) of subdivision five of this section, no\nkinship guardianship assistance payments may be made pursuant to this\ntitle to a successor guardian if the social services official determines\nthat the successor guardian is no longer legally responsible for the\nsupport of the child, including if the status of the successor guardian\nis terminated or the child is no longer receiving any support from such\nguardian. A successor guardian who has been receiving kinship\nguardianship assistance payments on behalf of a child under this title\nmust keep the social services official informed, on an annual basis, of\nany circumstances that would make the successor guardian ineligible for\nsuch payments or eligible for payments in a different amount.\n 8. The placement of the child with the relative guardian or successor\nguardian and any kinship guardianship assistance payments made on behalf\nof the child under this section shall be considered never to have been\nmade when determining the eligibility for adoption subsidy payments\nunder title nine of this article of a child in such legal guardianship\narrangement.\n