New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter A - General Welfare
Article 1 - Program and Organization
Part 300 - Local Welfare Administration
Section 300.10 - Legal services on a fee-for-service basis

Current through Register Vol. 46, No. 39, September 25, 2024

(a) If the appropriating body of a social services district has so authorized and made provision therefor, a local social services commissioner may obtain necessary legal services on a fee-for-service basis or other appropriate basis for the purpose of obtaining support from spouses and parents, recovering costs of public assistance and care granted, and establishing paternity. Such services shall not be subject to reimbursement by the department unless they are provided in accordance with a plan submitted to and approved by the department.

(b) The plan required by subdivision (a) of this section shall demonstrate:

(1) the volume of legal work in the local district;

(2) that the volume of legal work is such as not to require full-time legal staff or that full-time legal staff is not available in sufficient numbers to handle the volume of work; and

(3) that the cost to the local district of obtaining legal services on a fee-for-service basis or other appropriate basis will not exceed the cost to the local district on a unit basis of obtaining the same or a similar type and amount of services from a full-time attorney or a law guardian.

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