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 436.2 - Application for kinship guardianship assistance payments

(a) In addition to the notification provided pursuant to sections 430.11(c)(4) and 443.2(e) of this Title, a social services official must provide information upon request to a prospective relative guardian on the availability of and standards of eligibility for the kinship guardianship assistance and for non-recurring guardianship expenses programs. Upon request, the social services official must provide the prospective relative guardian with an application for kinship guardianship assistance and the non-recurring guardianship expenses programs. Such application must be in a form as prescribed by the office.

(b) A prospective relative guardian who has been caring for an eligible foster child for at least six consecutive months and who intends to seek guardianship or permanent guardianship of the child may apply to the social services official who has custody, care and custody, or guardianship and custody of the child to receive guardianship assistance and non- recurring guardianship expense payments on behalf of the child, provided, however, such application may not be submitted for a child who has been placed into foster care pursuant to article 10 or 10-C of the Family Court Act unless both the fact finding held in accordance with section 1051 or 1095 of the Family Court Act and the first permanency hearing held in accordance with section 1089 (a) of the Family Court Act for the child have been completed or for all other children in foster care, the first permanency hearing for the child has been completed.

(c) Applications may only be accepted prior to issuance of letters of guardianship of the child to the relative guardian pursuant to the provisions of the Family Court Act or the Surrogate's Court Procedure Act.

(d) Within 30 days of the receipt of a completed kinship guardianship assistance and non-recurring guardianship payment application, the social services official must make a determination whether to approve or disapprove the application in accordance with the standards set forth in this Part.

(e) If the decision by the social services official is to disapprove the application, the social services official must provide the prospective relative guardian(s) with written notice of the disapproval, the basis for the disapproval and the right to an administrative hearing in accordance with the standards set forth in section 436.10 of this Part.