Current through Register Vol. 46, No. 39, September 25, 2024
(a) Emergency
assistance must be provided immediately by a social services district to or on
behalf of a needy child under the age of 18 or a needy child under the age of
19 who is a full-time student regularly attending a secondary school or in the
equivalent level of vocational or technical training and any other member of
the household in which he or she is living if the conditions set forth in
section
372.1 of
this Part are met, and in addition:
(1) the
child is living with an adult related by blood, marriage or adoption;
(2) the child is without available income or
resources immediately accessible to meet his or her needs and those needs
cannot be met under Part 352 of this Title by an advance allowance and the
household's available income on the date of application is at or below 200
percent of the current Federal poverty level as defined and annually revised by
the United States Department of Health and Human Services under the authority
of 42 U.S.C.
9902(2) for that household
size, or the household is financially eligible to receive public assistance in
accordance with Part 352 of this Title or, for households in receipt of child
protective, child preventive or other child welfare services, at least one
member of the household is in receipt of public assistance or supplemental
security income (for purposes of determining eligibility for assistance
pursuant to this section, the annually revised poverty lines are effective
April 1st through March 31st of each State fiscal year);
(3) emergency assistance is necessary to
avoid destitution of the child or to provide living arrangements for him or her
in a home;
(4) the occurrence or
situation giving rise to the need for emergency assistance could not have been
foreseen by the applicant and was not under his or her control;
(5) the child's destitution or need for
living arrangements did not arise because the child or a relative with whom he
or she lives refused without good cause to accept employment or training for
employment; and
(6) for a recipient
of public assistance, such destitution did not arise from the mismanagement of
a public assistance grant, or the emergency grant being applied for will not
replace or duplicate a public assistance grant already made under Part 352 of
this Title. This section does not prohibit the issuing of EAF to replace a lost
or stolen public assistance grant.
(b) The availability of such emergency
assistance does not relieve a town social services official in districts with a
county-town form of administration from providing safety net assistance and
care as may be necessary in emergency situations pursuant to subdivision 3 of
section 67 of the Social Services Law.
(c) Assistance provided under this Part must
not duplicate public assistance for which a person is eligible or would be
eligible but for a sanction for violations of the requirements of Part 385 of
this Title or other requirements of State law or regulations.
