New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 1 - Provision of Social Services-general
Part 403 - Program Requirements for Social Services
Section 403.7 - Residency

(a) No requirements as to duration of residence or citizenship shall be imposed as a condition of participation in a services program.

(b) An alien who is unlawfully residing in the United States or who fails to furnish evidence that he/she is lawfully residing in the United States, shall not be eligible for any social services except information and referral services and protective services for adults and children.

(c) An individual who has been granted indefinite voluntary departure or indefinite stay of deportation under "color of law" shall for the purpose of eligibility determinations for title XX services, be considered an alien lawfully admitted for permanent residence in the United States. Such an individual shall therefore be eligible to apply for any social services as provided by the district component of the then effective comprehensive annual social services program plan.

(d) No child who is a United States citizen or who is lawfully residing in the United States shall be denied any social service for which the child is otherwise eligible because of the residency status of the child's parents or custodial relatives.