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 could not exceed
cost of food and shelter, i.e., there would he 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 covering 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 308 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.