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 2 - Family and Children's Services
Part 436 - Kinship Guardianship Assistance Program
Section 436.1 - Definitions

(a) Applicable board rate means an amount equal to the monthly payment that has been made by a social services official, in accordance with section 398-a of the Social Services Law and other provisions of the Social Services Law, for the care and maintenance of the child, while such child was boarded out in the certified or approved foster family boarding home with the prospective relative guardian. Such rate shall reflect annual changes in room and board rates and clothing replacement allowances

(b) Child means a person under 21 years of age whose custody, care and custody, or custody and guardianship have been committed to a social services official prior to such person's 18th birthday pursuant to section 358-a, 384, 384-a or 384-b of the Social Services Law or article 3, 7, 10 or 10-C of the Family Court Act.

(c) Office means the New York State Office of Children and Family Services.

(d) Prospective relative guardian means a person who has been caring for the child as a fully certified or approved foster parent for at least six consecutive months prior to applying for kinship guardianship assistance payments, and who:

(e) Relative guardian means a person or persons who was appointed as a guardian or permanent guardian for a child after entering into an agreement with a social services official for the receipt of payments and services in accordance with this Part.

(f) Social services official means a county commissioner of social services, a city commissioner of social services, or an Indian tribe with which the office has entered into an agreement to provide foster care services in accordance with subdivision 2 of section 39 of the Social Services Law.

(g) State income standard means the most recent Federal income official poverty line (as defined and annually revised by the Federal Office of Management and Budget) updated by the office for a family size of four and adjusted by the office for family size.

(h) Applicable State income standard means 275 percent of the State income standard.

(i) Successor guardian means a person or persons who is approved by a social services official to receive payments pursuant to this Part, who has been named in the agreement in effect between the relative guardian and social services official for kinship guardianship assistance payments, who shall provide care and guardianship for a child in the event of death or incapacity of the relative guardian, and who has assumed care for and is the guardian or permanent guardian of such child, provided that such person was appointed guardian or permanent guardian of such child by the court following, or due to, the death or incapacity of the relative guardian. Once approved in accordance with this Part, a successor guardian shall be deemed to have the same rights and responsibilities as a relative guardian in relation to any provisions of this Part and any agreement entered into under this Part.

(j) Prospective successor guardian means a person or persons whom a prospective relative guardian or a relative guardian seeks to name or names in the original kinship guardianship assistance agreement, or any amendment thereto, as set forth in this Part, as the person or persons to provide care and guardianship for a child in the event of the death or incapacity of a relative guardian, who has not been approved in accordance with this Part.

(k) Incapacity means a substantial inability to care for a child as a result of: