New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 2 - Determination of Eligibility-Categorical
Part 361 - Case Management Activities For Pregnant And Parenting Adolescents
Section 361.4 - Eligibility

Universal Citation: 18 NY Comp Codes Rules and Regs § 361.4

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

(a) Mandatory eligibility criteria. A social services district must offer to perform case management activities with respect to any male or female adolescent who meets all of the following mandatory eligibility criteria at the time the adolescent is referred to case management staff for case management activities:

(1) is under 18 years of age;

(2) is a public assistance recipient; and

(3) is a parent and resides in the same household with his or her child(ren), or is pregnant.

(b) Optional eligibility criteria.

(1) At risk of pregnancy or parenthood. A social services district may offer to perform case management activities with respect to any male or female adolescent who is over 18 but under 21 years of age, is a public assistance recipient and is deemed to be at risk of pregnancy or parenthood because he or she meets one or more of the following at-risk criteria at the time the adolescent is referred to case management staff for case management activities:

(i) receives public assistance in his or her own right;

(ii) is homeless or at imminent risk of becoming homeless;

(iii) has had an abortion or miscarriage;

(iv) has had a pregnancy test, even if the test outcome was negative;

(v) is sexually active;

(vi) is the noncustodial mother or father of a child;

(vii) is the younger sibling of an individual who was or is a teenage parent;

(viii) is a rape or incest victim;

(ix) has dropped out of high school without graduating;

(x) is having academic and/or disciplinary problems in school; or

(xi) requests case management activities, or his or her authorized representative requests such activities on behalf of the adolescent.

(2) Age. A social services district may offer to provide case management services to any male or female adolescent who is over 18 years of age but under 21 years at the time the adolescent is referred to case management staff for case management activities, is a public assistance recipient, and either is a parent who resides in the same household with his or her minor child(ren), or is pregnant.

(3) Each social services district has the option of deciding for which adolescents who meet the optional eligibility criteria, if any, it will perform case management activities. A social services district may decide that it will not perform case management activities for adolescents who meet the optional eligibility criteria; or the district may limit its performance of case management activities to those adolescents who meet only certain of the optional eligibility criteria listed in paragraphs (1) and (2) of this subdivision. A district may further limit its performance of case management activities to a subgroup of those at-risk adolescents having identified special needs or problems. Each district must indicate in its case management plan if it will perform case management activities for adolescents who meet the optional eligibility criteria. If a district chooses to perform case management activities for such adolescents, it must specifically designate in its case management plan which optional eligibility criteria those adolescents must meet in order to be eligible for case management activities. A social services district must perform case management activities for all the adolescents who meet the optional eligibility criteria the district designates in its case management plan.

(1) Mandatory. A social services district must continue to perform case management activities for adolescents who want to continue participating in such activities and whose cases are open as long as the adolescents continue to meet the mandatory eligibility criteria or the optional eligibility criteria designated in the district's case management plan.

(2) Optional.

(i)

(i) A social services district may choose to continue to perform case management activities: for adolescent public assistance recipients who met the mandatory eligibility criteria when they were referred to case management staff for case management activities because they were parenting adolescents residing in the same household with their child(ren) at that time even if they no longer reside in the same household with their child(ren), and for adolescent public assistance recipients who met the mandatory eligibility criteria when they were referred to case management staff for case management activities because they were pregnant at that time even if they subsequently miscarry or abort their pregnancies.

(ii) A social services district may choose to continue to perform case management activities for adolescent public assistance recipients who are over 18 but under 21 years of age if the adolescents otherwise still meet the mandatory eligibility criteria or the optional eligibility criteria designated in the social services district's case management plan.

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