Section 21-101
§ 21-101 Definitions. Whenever used in this chapter the following
words shall have the following meanings:
a. "Commissioner" shall mean the commissioner of social services of
the city.
b. "Department" shall mean the department of social services of the
city.
c. "Institution" shall include any charitable corporation, one of the
objects of which is the care of children or the placing of children in
families.
Section 21-102
§ 21-102 Powers of commissioner as to destitute children. The
commissioner shall have power to commit, place out, discharge, or
transfer any child who may be in his or her custody, or who may have
been placed by him or her in an institution as a public charge, whenever
in his or her judgment it shall be for the best interests of such child
so to do. In placing out such children, the commissioner may assign one
or more of his or her subordinates to make the necessary investigations.
He or she may employ any duly incorporated charitable institution or
society and may reimburse such institution or society for any expenses,
other than salaries, actually incurred in the placing out, supervision,
and transfer, if necessary, of children who are public charges. An
institution to which a child has been committed, as in this section
provided, shall have the authority to place such child in a family, or
consent to his or her adoption.
Section 21-103
§ 21-103 Limitations on powers of commissioner as to destitute
children. In placing out, transferring or committing any such child,
the commissioner, or any institution or society employed by the
commissioner, when practicable, shall place out the child with an
individual of the same religious faith as the parents of the child, or
transfer or commit the child to an institution governed by persons of
the same religious faith as the parents of the child. The commissioner
shall commit such child only to an institution which the state board of
social welfare has certified as having complied with the rules and
regulations as established by such board for such institutions, pursuant
to section one of article eight of the state constitution. The
commissioner may commit such child to an institution situated without
the city only if such board has also certified that such institution is
properly protected against fire and other dangers.
Section 21-104
§ 21-104 Term of commitment of children; discharge. a. The term of
commitment of each destitute and neglected child shall be:
1. Until such child shall attain the age of sixteen years, or
2. Until such child shall be given over in adoption by the institution
to which it shall have been committed to some suitable person, or
3. Until such child shall be returned to its parents, relatives, or
guardians, or otherwise discharged.
b. The commissioner, may, however, provide care in an institution,
agency boarding home, or family free or boarding home for any destitute
minor between sixteen and eighteen years of age who cannot be properly
cared for in his or her own home, either directly or through authorized
agencies, except that direct placements in agency boarding homes may be
made by the commissioner only if the state board of social welfare shall
have authorized him or her to operate such homes and only if suitable
care is not otherwise available through an authorized agency under the
control of persons of the same religious faith as the child. Such care
may be continued after the eighteenth birthday of the minor and until he
or she is discharged from care or becomes twenty-one years of age.
Section 21-105
§ 21-105 Reports and records of institutions. Each such institution
caring for destitute and neglected children shall file with the
commissioner at the end of every three months a list containing both the
names of all the children received or discharged during the month, and
the names and residence of the parents and guardians of such children so
far as known. Each such institution shall keep a book in which it shall
cause to be entered the name and address of each parent, relative or
other person visiting an inmate of such institution who is in whole or
in part a charge upon the city, and such name and address shall be
entered upon the occasion of each visit by any such person.
Section 21-106
§ 21-106 Payments to private institutions. Payments shall not be made
by the city to any charitable, eleemosynary or reformatory institutions
wholly or partly under private control, for the care, support, secular
education or maintenance of any destitute, neglected or delinquent child
therein, except upon the certificate of the commissioner that such child
has been received and is retained by such institution pursuant to the
rules and regulations established by the state board of social welfare.
Moneys paid by the city to any such institution for the care, support,
secular education or maintenance of its inmates shall not be expended
for any other purpose. Whenever the commissioner shall decide, after
reasonable notice to such institution and a hearing, that any such child
who is received and retained in such institution is not a proper charge
against the public, and written notice of such decision is given by the
commissioner to such institution, thereupon all right on the part of
such institution to receive compensation from the city for the further
retention of the child shall cease. The commissioner shall file in the
office of the department a statement of the reasons for his or her
decision and of the facts upon which it is founded, and shall furnish a
copy to such institution where the child is detained. The commissioner's
decision may be reviewed on certiorari by the supreme court.
No money shall be paid out of any appropriation to any charitable,
eleemosynary or reformatory institution which shall deny or limit
admission to any destitute, neglected or delinquent children duly
committed by the commissioner or a court of appropriate jurisdiction,
because of the race, color or religion of such children, provided,
however, that no institution of a particular religious faith shall be
required to accept children adhering to a religious faith other than its
own.
The commission on foster care of children shall have the power and
continuing duty to investigate and determine, upon complaint made and
shall have the power on its own initiative to investigate and determine
whether any institution is practicing discrimination in violation of the
provisions of the preceding paragraph. The commission may direct that
such investigation shall be conducted by one or more of its members or
by its secretary or assistant secretary. Whenever in the judgment of the
commission, such investigation discloses that there is reason to believe
that an institution is practicing discrimination, the commission shall
cause a hearing to be held before the commission or before two or more
of its members, as it may direct, upon reasonable notice to such
institution. The commission shall dismiss the proceedings if it finds
upon the basis of such hearing, that such institution is not practicing
discrimination. In the event the commission shall find on the basis of
such hearing, that such institution is practicing discrimination, it
shall certify to the commissioner its findings of fact, together with
its determination of the period of time, not to exceed one year, within
which the institution shall be permitted to amend its practices and
comply with said provisions. The commissioner shall thereupon serve
notice of such certification on such institution. All right on the part
of such institution to receive moneys from the city shall cease upon the
date specified in said certification unless, prior to the expiration
thereof, such institution shall have submitted to the commission proof
that it has ceased to engage in said violations and the commission shall
have found and certified to the commissioner that said institution has
complied with said provisions. The institution shall not be deprived of
payments for services rendered prior to the date specified in the
certification. The determination of the commission that an institution
is practicing discrimination, or having been ordered to cease said
discrimination has failed to cease, may be reviewed by the supreme
court, which may, for good cause shown, during the pendency of such
review, stay the termination of the right of such institution to receive
moneys from the city. The commission, or any of its members authorized
by it to conduct a hearing, may, at any such hearing, compel the
attendance of witnesses, administer oaths, take the testimony of any
person under oath and require the production of any evidence relating to
the matter in question at the hearing. The department and the
corporation counsel are authorized upon request by the commission, to
make members of their respective staffs available, upon a temporary
basis, to the commission, to assist it in conducting the investigations
and hearings provided by this section.
Section 21-107
§ 21-107 Power of commissioner as to removal of destitute persons. The
commissioner shall have power to pay for the cost of the removal or
transportation of any person who may come under the commissioner's
charge whenever in his or her judgment the city will thereby be relieved
from an unnecessary or improper charge.
Section 21-108
§ 21-108 Support of poor persons by relatives. a. The spouse or parent
of a recipient of public assistance or care or of a person liable to
become in need thereof shall, if of sufficient ability, be responsible
for the support of such person, provided that a parent shall be
responsible only for the support of his or her minor child. Step-parents
shall in a like manner be responsible for the support of minor
step-children.
b. If a sufficiently able relative of a poor person fails to support
him or her, as in this section provided, and such person is being cared
for or is about to be cared for by the commissioner, such commissioner
may apply to the family court for an order to compel him or her to pay
the reasonable charge determined by such commissioner for the care of
such relative during his or her stay in the public or private
institution, or home where the commissioner has placed him or her. The
proceedings to be taken to make such order and to enforce the same shall
be in the name of and conducted by the commissioner. The determination
of such commissioner as to the reasonableness of such charges may at any
time be reviewed in the family court.
c. Evidence that the poor person mentioned in this section is without
adequate means of support shall be presumptive proof of the possibility
of his or her becoming a public charge. The relative against whom
proceedings are begun for the support of a poor person shall be taken to
be of sufficient ability to contribute to the support, unless the
contrary shall affirmatively appear to the satisfaction of the court or
a judge or justice thereof.
d. Instead of bringing legal proceedings as in this section specified,
the commissioner can directly enter into an agreement with a relative
for the payment of the charges determined by such commissioner to be the
reasonable charge for the care of the person maintained or about to be
maintained by such commissioner as a public charge.
Section 21-109
§ 21-109 Recovery from recipient who has property or other means. a.
If it shall at any time be ascertained that any person, who has received
support or care or treatment from the city through the commissioner, has
real or personal property or other means of enabling him or her to
reimburse the city, an action may be maintained in a court of competent
jurisdiction, by such commissioner, against such person or his or her
estate to recover such sums of money as may have been expended by the
city through such commissioner in the support or care or treatment of
such person during the period of ten years next preceding such discovery
or the death of such person.
b. Instead of bringing the legal proceedings as in this section
specified, such commissioner may determine the reasonable value of such
support or care or treatment, and enter into an agreement for its
payment.
Section 21-110
§ 21-110 Potter's field. The commissioner shall have charge of the
Potter's Fields, and when the necessity therefor shall arise, shall have
power to lay out additional Potter's Fields or other public burial
places for the poor and strangers and from time to time enclose and
extend the same to make enclosures therein and to build vaults therein,
and to provide all necessary labor and for interments therein. The
Potter's Field on Hart's island, however, shall remain under the control
of the department of correction, and the burial of deceased paupers
therein shall continue under rules and regulations established by the
joint action of the departments of social services and correction, or in
case of disagreement between such departments, under such regulations as
may be established by the mayor.
Section 21-111
§ 21-111 Soliciting of contributions in public. a. It shall be
unlawful for any person, organization, society, association or
corporation or their agents or representatives to solicit money,
donations of money or property, or financial assistance of any kind upon
the streets, in office or business buildings, by house to house canvass,
or in public places in the city, except upon a license issued by the
commissioner and an identification card issued by the chairperson or
district chairperson of any charitable drive and any such regulations as
hereinafter provided.
b. Application to solicit funds for any cause whatever as provided for
in this section shall be addressed to the commissioner and such
application shall contain the following information:
1. Name and purpose of the cause for which permission is sought.
2. Names and addresses of the officers and directors of the
organization.
3. Time for which permission is sought and localities and places of
solicitation.
4. Whether or not any commissions, fees, wages or emoluments are to be
expended in connection with such solicitation.
5. Such other information as the commissioner shall require.
c. It shall be the duty of the commissioner, before granting
permission to solicit funds or donations as provided for in this
section, to compel the applicant to file with him or her a signed
statement of all moneys collected in the calendar year or the fiscal
year of such organization, society, association or corporation previous
to the application, the expenditures connected therewith, together with
the names and addresses of all persons receiving wages, commissions or
emoluments and the amounts so expended.
d. The commissioner may establish such regulations as he or she may
deem necessary in effectuating the purposes and objects of this section.
e. Licensees operating under this section shall be compelled to label
all collection boxes or containers used in the solicitation of funds
either by appeal in person or the placing of receptacles for the receipt
of such public contributions in stores, factories, shops, offices,
theatres, hotels, restaurants, railway stations, ferry houses, or other
public places, with the name of the organization for which the permit is
issued, and in such conspicuous manner as the commissioner may direct.
In addition, where the solicitation of funds is by appeal in person and
where the solicitor receives no compensation for such solicitation, the
box or container shall bear on it the word "volunteer" in a conspicuous
place. Any solicitor receiving compensation for such solicitation who
uses a box or container bearing the word "volunteer" shall be subject to
a fine not to exceed one hundred dollars or to imprisonment for a period
not to exceed thirty days or both.
f. Any person or persons who shall violate any of the provisions of
this section, upon conviction thereof, shall be punished by a fine of
not more than five hundred dollars, or by imprisonment not exceeding
ninety days, or by both.
g. The provisions of this section shall not apply to any corporation
organized under the religious corporations law; nor to solicitation at
the regular exercises or services of any lodge, benevolent order or
fraternity, or any branch thereof, whenever such solicitation is made at
the regularly appointed meetings and regular places of worship or
exercises of such lodge, order or fraternity.
Section 21-112
§ 21-112 Records to be kept by commissioner. It shall be the duty of
the commissioner to keep and preserve a proper record of:
1. All persons who shall come under his or her care or custody, and of
the disposition made of such persons, and
2. All persons who are inmates of private institutions who are
accepted by him or her as proper charges upon the city.
Section 21-113
§ 21-113 Information to be furnished to commissioner and other
agencies. Transcripts or searches or certified copies of records in any
agency of the city, shall be furnished without charge or fee to the
department or any authority charged with the duty of administering laws
relating to the poor or for the relief of veterans or the families or
dependents of veterans in the city.
Section 21-113.5
§ 21-113.5 Interpretation Services. The Commissioner shall require the
immediate provision of interpretation services for non-English speaking
residents in all income maintenance centers located in New York City,
when such non-English speaking residents comprise at least ten percent
of the service population of a particular center.
Section 21-114
§ 21-114 Municipal lodging houses. a. The commissioner shall have
jurisdiction over, and it shall be his or her duty to take charge of all
municipal lodging houses belonging to or hereafter acquired or
established by the city.
b. It shall be the duty of the commissioner or of the superintendent
of any municipal lodging house acting under such commissioner or
superintendent, to provide for any applicants for shelter who, in his or
her judgment, may properly be received, plain and wholesome food and
lodging for a night, free of charge, and also to cause such applicants
to be bathed on admission and their clothing to be steamed and
disinfected.
Section 21-115
§ 21-115 Establishment of day nurseries. The commissioner may
establish, in his or her discretion, one or more day nurseries, and may
adopt rules and regulations for the free admission thereto of children
under ten years of age.
Section 21-116
§ 21-116 Commissaries. a. The commissioner may establish a commissary
at camp LaGuardia and a commissary at the Neponsit home for the aged for
the use and benefit of the residents and employees thereof. All moneys
received from the sales in such commissaries shall be paid over
semi-monthly to the commissioner of finance without deduction. The
provisions of section 12-114 of the code shall apply to every officer or
employee who receives such money in the performance of his or her duties
in such commissaries. The accounts of the commissaries shall be subject
to supervision, examination and audit by the comptroller and all other
powers of the comptroller in accordance with the provisions of the
charter and code.
b. All moneys received from the sales in such commissaries shall be
kept in a separate and distinct fund to be known as the commissary fund.
Such fund shall be used for:
1. The purchase of all merchandise for resale in such commissaries;
2. The purchase of supplies, materials, and equipment for such
commissaries;
3. The furnishing of work or labor to be done for such commissaries;
4. The salaries of all employees of the Neponsit home for the aged
commissary and the incentive allowance authorized by certificate of the
director of the budget to be paid to the residents of camp LaGuardia who
are permitted to work in the camp LaGuardia commissary; and
5. All other costs and expenses of operating such commissaries.
c. Any surplus remaining in the commissary fund after deducting all
items described in subdivision b hereof shall be used for the general
welfare of the residents of camp LaGuardia and the Neponsit home for the
aged. In the event such fund at any time exceeds ten thousand dollars,
the excess shall be transferred to the general fund.
d. All expenditures for items described in paragraph one of
subdivision b of this section shall be made upon vouchers issued by the
commissioner and subject to audit by the comptroller. All other
expenditures described in subdivision b and subdivision c of this
section shall be made by the commissioner in accordance with schedules
approved by the mayor or of the director of the budget acting in
accordance with a delegation of power from the mayor. All supplies,
materials, equipment and merchandise to be furnished and all work or
labor to be done, the cost of which is payable from the commissary fund,
shall be furnished or provided in accordance with the provisions of
chapter thirteen of the charter and chapter one of title thirteen of the
code.
e. All appointments to positions in the Neponsit home for the aged
commissary shall be made in accordance with the civil service law and
rules. The salaries of employees of such commissary shall be fixed by
the mayor. Such salaries and all pension contributions required to be
made by the city on behalf of such employees shall be paid from the
commissary fund.
f. Any officer, employee or resident, whose duties in connection with
the commissary fund involve possession of or control over funds, shall
execute a bond to the city for the faithful performance of his or her
duties in such sum as may be fixed and with sureties to be approved by
the comptroller, or shall in the alternative be included in the coverage
of a blanket bond insuring the city for the faithful performance of his
or her duties in such sum as may be fixed and with sureties to be
approved by the comptroller.
Section 21-117
§ 21-117 Contracts to make rental payments. 1. The commissioner shall
have the power to and may, within the amount appropriated therefor,
enter into a contract to make rental payments to the owner, landlord,
lessee, managing agent of, or other person entitled to rent and receive
rental payments for, housing accommodations whenever (a) a recipient of
public assistance and care has neglected or failed to make rental
payment and payment has not otherwise been made, or (b) a housing
accommodation is vacant and the owner, landlord, lessee, managing agent
or such other person agrees in such contract to hold such housing
accommodation vacant and to accept as a new tenant a recipient of public
assistance and care designated by the commissioner, and until such
housing accommodation is occupied by and rental payments are made by
such new tenant; provided, however, that no rental payments shall be
made in accordance with this provision if such housing accommodation
remains vacant for more than sixty days.
2. The commissioner shall not be deemed to have assumed the duties of
a tenant under lease because he or she has entered into a contract to
make rental payments.
Section 21-118
§ 21-118 New York city commission for the foster care of children. a.
There is hereby established the New York city commission for the foster
care of children (hereinafter referred to as the "commission") to
consist of fifteen public members, who shall serve without compensation,
to be appointed by the mayor from among residents of the city of New
York who have been active in, identified with, or otherwise known to be
interested in the field of child care. In making such appointments, the
mayor shall make every effort to appoint individuals associated with the
major federations concerned with foster care services to children and
individuals who are associated with organizations which, through direct
services to children, coordination or planning of services for children,
or through research in the field of child care, are making major
contributions to the planning of services for the children of the city
of New York. The membership of the commission shall reflect disciplines
basic to a wholesome child welfare program including mental health,
education, religion, law with some specialty in family and child
welfare, and pediatrics. The mayor may appoint, and at his or her
pleasure remove, an executive director and an assistant to the executive
director of the commission. The salary of the executive director and the
assistant to the executive director shall be fixed by the mayor and
shall be paid from appropriations made to the department. The said
public members shall serve for a term of four years except that the term
of office of the members first taking office shall expire, five at the
end of two years, five at the end of three years and five at the end of
four years. No member shall serve for more than eight consecutive years
after July one, nineteen hundred sixty-four. The mayor shall appoint a
chairperson and a vice chairperson from among the members, each to serve
in that capacity for two year terms. Any public member appointed by the
mayor to fill a vacancy occurring prior to the expiration of the term
for which his or her predecessor was appointed shall be appointed for
the remainder of such term.
b. The commission shall meet at least once every month except during
the months of July and August and shall meet at such other times as
meetings are called by the chairperson. Whenever requested to do so in
writing by any six members of the commission, the chairperson shall call
a special meeting of the commission. Full time professional and clerical
assistance, properly qualified, shall be provided as required to the
commission by the department.
c. The commission shall have the following powers and duties:
(1) Make recommendations to the commissioner and to the administrative
judge of the family court of the state of New York within the city of
New York on all phases of the foster care of children including
recommendations designed to prevent the need for such care.
(2) Make recommendations to the appropriate authorities for the
establishment of proper standards for the foster care of children,
except insofar as such standards have been established pursuant to law
by the board of health of the city of New York or the board of social
welfare of the state of New York.
(3) Study and report the extent and nature of the facilities required
to provide adequate foster care for children.
(4) Coordinate temporary care services and make recommendations as to
the type of children and the age range to be admitted to any temporary
shelter, in order that the needs of children may be served by the proper
and adequate provision of accommodations, and so as to avoid duplication
or overlapping of service.
(5) Individually or collectively visit temporary shelters in
accordance with rules promulgated by the commission; recommend to the
commissioner and to the administrative judge of the family court of the
state of New York within the city of New York studies of foster care
facilities with the cooperation of private agencies.
(6) Recommend that the department maintain such records and compile
such statistics as the commission may deem desirable, subject to the
approval of the commissioner.
(7) Through appropriate channels, advise foster care agencies and
institutions receiving public funds on all matters relating to the
development and modification of programs to meet changing foster care
needs.
(8) Make appropriate recommendations to the commissioner and to the
administrative judge of the family court of the state of New York within
the city of New York for submission to the mayor on all matters
affecting the foster care of children, annually or more often as
required.
(9) Make appropriate recommendations to reduce insofar as possible the
length of stay of children in temporary shelters.
d. Whenever required to do so by the commission or an authorized
representative thereof, any public official or agency of the city of New
York possessing information relating to the maintenance or operation of
institutions or agencies for the care of children, or maintaining
records with respect thereto, shall make such information and records
available, and shall furnish transcripts or copies thereof, to the
commission.
e. It shall be the function of this commission to utilize all methods
provided by law to discourage and prevent any discrimination because of
race, color or national origin in the foster care of children.
f. In relation to foster care of children the commission shall make
appropriate recommendations for the enforcement of all provisions of
laws relating to foster care including those laws which provide for the
preservation and protection of the religious faith of the child to the
end that whenever a child is placed or committed by the department or
remanded or committed by the family court to any family or to any duly
authorized association, agency, society, or institution, such placement,
remand or commitment must be made, when practicable, to a family or to a
duly authorized association, agency, society, or institution under the
control of persons of the same religious faith or persuasion as that of
the child; provided that any and all such foster care placements,
whenever made, shall assure the preservation and protection of the
religious faith of the child.
g. Whenever used in this section the following terms shall mean or
include:
(1) "Foster care for children." The care of abandoned, destitute,
dependent, neglected or delinquent children or persons in need of
supervision away from their own homes in institutions or foster homes or
temporary shelters, in whole or in part at public expense, under the
jurisdiction of a social services official or other authorized agency as
defined in the social services law.
(2) "Temporary shelter." Any establishment or agency receiving public
funds which is operated or maintained for the temporary care of
destitute, dependent, neglected or delinquent children or persons in
need of supervision.
(3) "Temporary care." Care of an abandoned, destitute dependent,
neglected or delinquent child or person in need of supervision, in a
temporary shelter for a brief and transient period, pending return of
the child to its own home or placement in long-term care away from its
own home.
Section 21-119
§ 21-119 Screening of child care services personnel by persons,
corporations or other entities under contract with the city. a. Each
person, corporation, or other entity under contract with the city to
provide child care services shall be responsible for the recruitment of
appropriate personnel; verification of credentials and references;
review of criminal record information; screening of all current and
prospective personnel; and selection and hiring of all personnel
necessary to furnish child care services. Screening shall include, but
not be limited to (1) fingerprinting; (2) review of criminal convictions
and pending criminal actions, provided that the contractor shall not
dismiss or permanently deny employment to current and prospective
personnel who are subjects of pending criminal actions, but may suspend
such current personnel or defer employment decisions on such prospective
personnel until disposition of the pending criminal action; (3) inquiry
with the statewide central register of child abuse and maltreatment and;
(4) for prospective personnel, inquiry with the applicant's three most
recent employers. Each such contractor is hereby authorized and required
to have all current and prospective personnel fingerprinted by an
appropriate city agency.
b. As a condition of employment and continued employment, the
contractor shall obtain written consent from all current and prospective
child care services personnel for fingerprinting and criminal record
review. Denial of such consent shall be grounds for dismissal or refusal
to hire.
c. The department shall require appropriate documentation from the
contractor indicating compliance with this section. The requirements of
subdivisions a and b of this section shall be incorporated in contracts
for child care services entered into by the city, and any violation
thereof shall be a material breach of the contract sufficient to cause
termination.
d. For purposes of this section, "personnel" shall include day care
employees, family day care providers and members of their households,
and head start employees.
Section 21-120
§ 21-120 Training in detection and the dissemination of information
about child abuse. a. In addition to any other requirement pursuant to
any other law or regulation, the department shall provide training in
the detection and reporting of child abuse for all appropriate current
and prospective day care and head start personnel.
b. The department shall issue and circulate an appropriate publication
containing information with respect to child abuse. Such information
shall be distributed to all providers of child day care services and to
the parent or guardian of, or person legally responsible for, each child
receiving day care services. Such publication shall contain the
emergency telephone number to report suspected child abuse.
c. The department shall establish a telephone number to provide
assistance and information with respect to child abuse and shall
publicize the telephone number and require that such number be
prominently displayed in all child day care centers.
Section 21-120.1
* § 21-120.1 Family child care and group family child care.
a. Definitions. For the purposes of this section, the following
definitions shall apply:
1. "Family child care provider" shall mean an individual who is
registered pursuant to section three hundred ninety of the social
services law.
2. "Group family child care provider" shall mean an individual who is
licensed pursuant to section three hundred ninety of the social services
law.
3. "Administration" shall mean the administration for children's
services.
4. "Child care provider" or "provider" shall mean a family child care
provider or a group family child care provider.
5. "Authorized family child care service" shall mean an individual,
association, corporation, partnership, institution, organization, or
other entity that has been designated by the administration, or other
appropriate agencies of the city and in consultation with the
administration, as qualified to inspect the home of a family child care
provider or group family child care provider seeking eligibility to
provide subsidized child care, assist in bringing such provider into
full compliance with all applicable laws, regulations and rules in order
for such family child care provider or group family child care provider
to be designated as eligible to provide subsidized child care and/or
monitor the performance of a child care provider that is providing
subsidized child care.
6. "Subsidized child care" shall mean all child care services provided
by a child care provider paid for wholly or partially with public funds,
where payment is made by or pursuant to grants or contracts with a child
care provider or authorized family child care service or by issuance of
a child care certificate to a parent.
7. "Child care certificate" shall mean a certificate or voucher that
is issued directly to a parent who may use such certificate or voucher
only as payment for child care services or as a deposit for child care
services if such a deposit is required of other children being cared for
by the provider.
8. "Parent" shall mean a custodial parent, legal guardian or other
person having legal custody of a child.
b. The administration shall perform the tasks and provide the services
described in this subdivision with respect to providers of subsidized
child care provided, however, that such tasks and services may be
delegated to an authorized family child care service to the extent
permitted by law:
1. monitoring the care provided to each child and ensuring that each
child's individual needs are being met, identifying children in need of
further evaluation and making appropriate referrals for individual or
family-related services;
2. inspecting a child care provider's home within thirty days of the
placement of the first child receiving subsidized child care with that
child care provider for the purpose of determining that such child care
provider meets the requirements of section three hundred ninety of the
social services law, the regulations promulgated thereunder, and any
plan approved pursuant to section three hundred ninety of the social
services law, and that the child care provider is capable of providing
safe and suitable care to children which is supportive of their
physical, intellectual, emotional and social well-being. When the
inspection is to be conducted by an authorized family child care
service, the child care provider shall furnish to such authorized family
child care service a true copy of the provider's completed application
form and all other supporting documents and related materials in the
provider's possession. However, this paragraph shall not apply to those
providers of subsidized child care who were providing such care prior to
the effective date of this section and received payment for such care
exclusively through child care certificates;
3. arranging for a visit to a child care provider's home by a parent
prior to the placement of such parent's child receiving subsidized child
care with that child care provider for the purpose of determining that
such child care provider is capable of providing safe and suitable care
which is supportive of that child's physical, intellectual, emotional
and social well-being;
4. inspecting the operation of every home where subsidized child care
is provided no less than five times each year, which shall be in
addition to and separate and distinct from any visits performed pursuant
to paragraph (3) of this subdivision or mandated by the United States
department of agriculture pursuant to the child and adult care food
program, for the purpose of ensuring that child care is provided in
accordance with the requirements of all applicable laws, regulations and
rules, provided, however, that twenty percent of those providers of
subsidized child care who are providing such child care on the effective
date of this section and receive payment for such child care exclusively
through child care certificates shall be inspected each month following
approval of the provisions of this paragraph by the New York state
office of children and family services, so that each such provider shall
be inspected within five months subsequent to such approval, and all
such providers shall be inspected four additional times during the first
year following such approval;
5. inspecting the operation of every home where subsidized child care
is provided no less than two times during the first six months in which
a child care provider is providing subsidized child care and at least
one additional time during the next six months, which shall be in
addition to and separate and distinct from any visits and inspections
required by paragraphs (2), (3) and (4) of this subdivision, except that
this paragraph shall not apply to a provider who is participating in the
child and adult care food program of the United States department of
agriculture and those providers of subsidized child care who were
providing such child care prior to the effective date of this section
and received payment for such child care exclusively through child care
certificates;
6. in addition to and separate and distinct from those visits and
inspections required by paragraphs (3) and (4) of this subdivision,
inspecting the operation of every home where subsidized child care is
provided no less than two times during the first six months after the
provider has had eligibility to provide subsidized child care restored
subsequent to the effective date of this paragraph or has been
adjudicated to have violated any provision of any applicable law,
regulation or rule unless it is determined at the time the violation is
adjudicated that the violation (a) did not adversely affect public
health, (b) did not relate to on-site sanitation, fire hazards or safety
hazards, (c) did not relate to staff qualifications or program
requirements and (d) did not relate to the discipline, supervision or
nutrition of any child in the provider's care. The administration shall
also perform such additional inspections as it determines are necessary
for it to establish that a provider whose eligibility to provide
subsidized child care has been restored is capable of providing safe and
suitable care to children which is supportive of their physical,
intellectual, emotional and social well-being and to establish that any
violations of the type described in this paragraph have been corrected.
7. assisting in the collection and review of medical and immunization
information which is required to be maintained for all children for
which the provider is providing subsidized child care and the monitoring
of those medical and immunization requirements;
8. providing instruction and training to child care providers, as
needed, in order to comply with all applicable laws, regulations and
rules;
9. assisting in the establishment and maintenance of all files
necessary for the administration and any city agency acting on behalf of
the state of New York to oversee the activities of the provider and to
assist the provider in complying with all applicable laws, regulations
and rules including the maintenance of attendance records;
10. assisting applicants and providers in properly preparing
applications for licensing and registration and for the renewal of a
license or registration;
11. assisting every child care provider in creating and maintaining a
file containing fingerprint records of such provider and fingerprint
records of every employee of such child care provider, any volunteer
acting on behalf of such child care provider and any member of the
household of such child care provider who is sixteen years of age and
older, and overseeing the activities of each such provider to assure
that fingerprint records are maintained for each person in a category
described herein;
12. monitoring the files required to be maintained by every child care
provider containing medical records of such provider and medical records
of every employee of such child care provider, any volunteer acting on
behalf of such child care provider and any member of the household of
such child care provider and overseeing the activities of each such
provider to assure that medical records containing the most up-to-date
information are maintained for each person in a category described
herein;
13. making determinations as to whether an individual who has
submitted an application to be registered or licensed as a child care
provider or a registered or licensed child care provider will be able to
provide family child care or group family child care in accordance with
all applicable laws, regulations, rules, and any plan approved pursuant
to section three hundred ninety of the social services law and, where
appropriate, designating such provider as eligible to provide subsidized
child care. In making such a determination, the administration shall
consider, but is not limited to considering, the following:
(i) that clearance with the State Central Register of Child Abuse and
Maltreatment has been completed for the applicant or child care
provider, every employee of such child care provider, volunteer acting
on behalf of such child care provider and for any person eighteen years
of age or older who resides in the home of such applicant or child care
provider;
(ii) whether the applicant or child care provider, every employee of
such child care provider, volunteer acting on behalf of such child care
provider or any person residing in the applicant's or child care
provider's household who is sixteen years of age or older has a record
of criminal conviction, to the extent such information is available;
(iii) that the applicant or child care provider and every employee of
such child care provider, volunteer acting on behalf of such child care
provider and all other members of the household have had a health
examination and been examined for tuberculosis within the previous
twelve months;
(iv) that the child care provider maintains a register, or an approved
equivalent, in a form to be provided by the New York state office of
children and family services or provided for such purpose by another
city or state office showing for each child for whom child care is
provided:
(a) the name and date of birth of such child;
(b) the names and addresses of his or her parents, including
designated emergency contact persons and their telephone numbers; and
(c) such other information as may be required by the state office of
children and family services or other appropriate agency or office;
(v) that the child care provider has received or shall receive not
less than the training required by section three hundred ninety-a of the
social services law and any regulations promulgated pursuant thereto or
the plan approved pursuant to paragraph f of subdivision three of
section three hundred ninety of the social services law where such plan
establishes different training requirements;
(vi) that children in child care have received or will receive
instruction, consistent with their age, needs and circumstances as well
as the needs and circumstances of the child care provider, in techniques
and procedures which will enable such children to protect themselves
from abuse and maltreatment; and
(vii) that the child care provider has a daily program that meets all
applicable requirements set forth in parts 416 and 417 of title eighteen
of the official compilation of the codes, rules and regulations of the
state of New York, or any superseding regulations;
14. providing technical assistance to a child care provider in order
to assure compliance with all applicable laws, regulations and rules and
other services to ensure safe and suitable care to children which is
supportive of their physical, intellectual, emotional and social
well-being;
15. assisting parents in choosing an appropriate child care provider
from among the child care providers eligible to provide subsidized child
care;
16. providing detailed written information about the child and adult
care food program operated by or on behalf of the United States
department of agriculture to every provider of subsidized child care who
is not enrolled in such program and to every applicant seeking to become
a provider of subsidized child care at the time such application is
submitted; and
17. encouraging providers and applicants to enroll in the child and
adult care food program and assisting such persons in enrolling and to
offer child care during times of day or days that enhance the capacity
of parents to seek out and avail themselves of employment and
educational opportunities.
c. In the event that an authorized family child care service obtains
information that a provider of subsidized child care cannot provide or
is not providing child care in accordance with the requirements of all
applicable laws, rules and regulations, the authorized family child care
service shall immediately provide the administration with such
information. If the administration concludes that safe and suitable care
to children which is supportive of their physical, intellectual,
emotional, and social well-being cannot be or is not being provided,
such child care provider shall not be eligible to provide subsidized
child care in such home. The administration shall not continue to
subsidize through any mechanism the child care of children in such home
until such time as the administration has determined that such child
care provider can provide such safe and suitable care.
d. 1. Not later than sixty days following the effective date of this
section, the administration shall submit in accordance with section
three hundred ninety of the social services law a plan or all amendments
to any existing plan necessary to make such plan consistent with the
provisions of this section, together with an explanation justifying the
need to impose additional requirements upon providers of subsidized
child care and a plan to monitor compliance with such additional
requirements and all applicable laws, regulations and rules.
2. The plan submitted by the administration shall request authority
for the administration to provide the training mandated by section 390-a
of the social services law or the plan or delegate the provision of such
training to an authorized family child care service. The administration
shall include in this request an application for the release of such
funds as may be available for such training within the city of New York.
The authority of the administration to provide training under such a
plan shall be contingent upon granting of the authority and the release
of funds from the state.
3. The plan submitted by the administration shall also include
provisions imposing upon every provider of subsidized child care the
following requirements:
(i) such child care provider's home shall be made available for
inspection by the administration or an authorized family child care
service for the purpose of determining that such child care provider
meets the requirements of section three hundred ninety of the social
services law, the regulations promulgated thereunder and any plan
approved pursuant to section three hundred ninety of the social services
law and that the child care provider is capable of providing safe and
suitable care to children which is supportive of their physical,
intellectual, emotional and social well-being. When the inspection is to
be conducted by an authorized family child care service, the child care
provider shall furnish to such authorized family child care service a
true copy of the provider's completed application form and all other
supporting documents and related materials in the provider's possession;
(ii) when it is determined that the home of a child care provider who
desires to provide subsidized child care is not in full compliance with
all applicable laws, regulations and rules, the child care provider
shall bring such home into full compliance with all applicable laws,
regulations and rules;
(iii) a child care provider shall be eligible to provide subsidized
child care only if such provider will:
(a) personally provide the child care in the provider's own home;
(b) be the only provider of child care in that home; and
(c) provide assistant caregivers in a group family child care home
with any and all employment benefits as may be required by state and
federal law, including paying such caregivers at least the minimum wage
set forth in article nineteen of the labor law;
(iv) ensure that each caregiver and any assistant caregiver has
received or will receive not less than fifteen hours of training within
the first year of their registration or licensure, and each biennial
period thereafter, which training shall begin prior to or within the
first three months after the placement with such child care provider of
the first child whose child care is subsidized through attending or
completing programs that upon completion provide six hours of training.
Such training shall include, but shall not be limited to, the following
topics:
(a) principles of early childhood development;
(b) nutrition and health needs of infants and children;
(c) child care program development;
(d) safety and security procedures;
(e) business record maintenance and management;
(f) child abuse and maltreatment identification and prevention;
(g) all laws, regulations and rules pertaining to child care and child
abuse and maltreatment.
e. Within sixty days of receipt of written approval of the plan or
amendments to any existing plan submitted pursuant to subdivision d of
this section, the administration shall take all steps necessary to
implement such plan or amended plan and monitor compliance by child care
providers and any authorized family child care service.
f. In drafting a plan or amendments to any existing plan as required
by subdivision d of this section, the administration shall include such
other provisions as are necessary to implement the requirements of this
section.
g. In the event that any portion of the plan or any of the proposed
amendments to an existing plan submitted pursuant to subdivision d of
this section is not approved, that disapproval shall not affect any
other provision of such plan or amendment and each provision shall be
implemented and enforced to the extent approved by the state.
h. Nothing in the plan submitted pursuant to subdivision d of this
section is intended to be nor shall it be construed in such a manner as
to be inconsistent with any provision of federal law or any regulation
promulgated thereunder, nor shall be it be construed as affecting any
provision of section three hundred ninety of the social services law and
any regulations promulgated thereunder authorizing any enforcement
activity against a child care provider including, but not limited to, a
proceeding to suspend, revoke, limit or terminate a license or
registration to provide child care. If any provision is so construed by
a court of law or if a written determination or other notice is issued
by a state or federal agency or office that there will be a significant
loss of funding as a result of any provision, such provision shall be
null and void.
* NB There are 2 § 21-120.1's
Section 21-120.2
§ 21-120.2 Home care services.--Not later than January 1, 1993,
pursuant to social services law section 367-n(3), the commissioner of
social services shall submit to the state departments of social services
and health a request for a waiver, in lieu of a delegation plan, from
the requirement of social services law section 367-n(2).
Section 21-120.3
§ 21-120.3 Temporary task force on child care funding. a. Not later
than thirty days from the effective date of this section as amended,
there shall be a temporary task force on child care funding established
by the mayor which shall consist of representatives of each city agency
authorized to license, permit, fund, or otherwise regulate child care
facilities or services and such other persons as shall be provided for
in this section. City agency representatives to such task force shall
include, but shall not be limited to, representatives of the human
resources administration and the department of health and mental
hygiene. The comptroller of the city of New York may designate a
representative to serve on such task force. Additional members of such
task force shall be appointed as follows: five members appointed by the
speaker of the council and six, including the chairperson of the task
force, by the mayor. Such additional members of the task force shall
include, but shall not be limited to, representatives of child care
providers. The members of the task force, including the chairperson,
shall serve without compensation.
b. Not later than seven months from the effective date of this section
as amended, the temporary task force on child care funding shall submit
a report to the mayor and the speaker of the council. Such report shall
include, but shall not be limited to: (1) identification of the current
public and private funding sources for child care facilities and
services; (2) analysis of the allocation and use of the public funds
provided to such child care facilities and services; (3) recommendations
to improve the funding of such child care facilities and services; and
(4) recommendations to eliminate or reduce the duplication and
fragmentation of child care services and otherwise enhance the
efficiency, effectiveness and economy of service delivery.
c. During its deliberations, the task force may invite the
participation of child care providers, parents of children enrolled in
child care programs and not-for-profit child advocacy organizations. To
facilitate such deliberations, the task force shall hold a minimum of
two public hearings, one of which shall be held in the evening to permit
greater parental participation.
Section 21-123.
§ 21-123. Temporary commission on childhood and child caring programs.
a. There is hereby established a temporary commission on childhood and
child caring programs consisting of fifteen members. The mayor shall
appoint nine members, one of whom shall serve as chairperson. The
speaker of the council shall appoint six members. None of the fifteen
members appointed by the mayor or the speaker shall be elected officials
or employees of the city of New York. In addition, the president of the
council, the comptroller, the human resources administrator, the
chancellor of the board of education of the city, the chairperson of the
general welfare committee of the council, the commissioner of the
department of health and mental hygiene of the city, the commissioner of
the department of mental health of the city, the speaker of the council
or his or her representative, and a representative from the office of
the mayor shall each serve as a non-voting, ex-officio member of the
commission or shall designate a person to serve in his or her place. The
commissioner of the department of social services of the state of New
York may, at his or her discretion, serve as a non-voting, ex-officio
member of the commission or designate a person to serve in his or her
place. Such commission shall have a duration of nine months. The members
of the commission shall be appointed within thirty days of the effective
date of this section. Each member, including each ex-officio member,
shall serve without compensation for the duration of the commission.
b. The commission may appoint an executive director to serve at its
pleasure and may employ or retain such other employees and consultants
as are necessary to fulfill its functions, within appropriations for
such purposes.
c. On or before the thirtieth day of September nineteen hundred
ninety-one, the commission shall issue a report to the mayor and the
council. The report shall make specific recommendations with respect to
the areas listed below and shall include an assessment of the fiscal
implications of such recommendations:
1. The role of childhood and child caring programs in education;
2. The role of childhood and child caring programs in providing
support to families;
3. The role of childhood and child caring programs in community
development;
4. The role of childhood and child caring programs for children with
special needs, including, but not limited to, children with mental and
physical disabilities, homeless children and children in need of
preventive services;
5. The role of childhood and child caring programs in welfare reform;
6. The role of employers in the public and private sectors in
providing childhood and child caring programs;
7. Methods to increase the number of licensed day care facilities and
family day care providers and to recruit and retain personnel for
childhood and child caring programs, including, but not limited to, tax
incentives;
8. Methods to obtain additional resources for childhood and child
caring programs and to improve the allocation of existing resources;
9. Methods to make childhood and child caring programs affordable for
more families; and
10. The need, if any, to change licensing standards to promote
childhood and child caring programs.
d. Notwithstanding subdivision a of this section, the mayor shall
appoint four additional members to the commission, and the speaker of
the council shall appoint two additional members. None of the members
appointed pursuant to this subdivision shall be elected officials or
employees of the city of New York. Each additional member shall serve
without compensation for the duration of the commission.
Section 21-124.
§ 21-124. Prohibiting the use of Tier I shelters. a. The city shall
not establish henceforth any Tier I shelters as defined in 18 NYCRR §
900.2 through § 900.18. After September 30, 1991, the city of New York
shall not operate any Tier I shelters.
b. 1. No homeless family shelter shall be established which does not
provide a bathroom, a refrigerator and cooking facilities and an
adequate sleeping area within each unit within the shelter and which
otherwise complies with state and local laws. All Tier II shelter units
shall be such that they may be converted to be used for permanent
housing with a minimum of structural change.
2. The following units are exempted or partially exempted from the
provisions of paragraph one of this subdivision: (i) the Tier II units
presently in operation shall be exempt; (ii) the 2,450 units of Tier II
shelter housing currently in the construction pipeline shall be exempt;
and (iii) units in facilities for battered women or substance and
alcohol abusers which meet all state requirements for such programs may
provide congregate dining and bathing arrangements.
3. The requirements of this subdivision shall not apply in cases where
the provisions of § 21-121 (3) are invoked.
c. Until June 30, 1992, notwithstanding any provision of this section,
the mayor may authorize homeless families to be sheltered in any
facility approved by the appropriate state authority for such purpose
upon a finding by the commissioner that the city has more homeless
families in need of shelter than the system can accommodate, for the
following reasons: (1) the pattern of length of stay of families
entering the system each month shows that the length of stay is
increasing over time; (2) the city has experienced unexpected
impediments to the construction or rehabilitation of permanent or
transitional housing units, including, but not limited to work
stoppages, natural disasters, unanticipated site conditions relating to
such matters as soil conditions, contractor delays, availability of
sewers, or the presence of asbestos which requires remedial action; (3)
the city has not obtained necessary approval for sites selected for
facilities to shelter homeless families; (4) construction or
rehabilitation of permanent or transitional housing for homeless
families has been and continues to be enjoined by court order; (5) an
emergency such as a flood, earthquake or fire, or a medical emergency as
certified by the commissioner of health, has rendered existing shelters
unsuitable for use to house homeless families; (6) the number of
homeless families requesting emergency housing exceeds the capacity of
the system at any point in time; or (7) any other emergency
circumstance. Such finding shall be made in writing and shall specify
the time the commissioner anticipates will be needed for the city to
meet the requirements of subdivisions a and b. Such finding shall be
delivered promptly, and, when practicable, prior to the use of
facilities pursuant to this subdivision, to the mayor, the speaker of
the council, any council member in whose district families are to be
sheltered pursuant to this subdivision, and to the families who receive
shelter in facilities not meeting the requirements of subdivisions a and
b. Within fifteen days of having made such finding, and at such other
times as the council may request, the mayor shall report to the council
on the plans to meet the requirements of subdivisions a and b and the
progress that has been made in implementing such plans. The commissioner
shall insure that the social service and medical needs of families
sheltered pursuant to this subdivision shall be met in accordance with
state regulations in 18 NYCRR § 900.2 through § 900.18 for Tier II
shelters. Notwithstanding any provision of this paragraph, between
September 30, 1991 and June 30, 1992, the shelters located at 282 East
3rd Street and 151 East 151st Street may be used for families except for
homeless families with children.
d. Notwithstanding the provisions of this section, on and after July
1, 1992, the commissioner of social services, after consultation with
the speaker of the council, may certify that an emergency exists,
pursuant to the criteria expressed in subdivision c, that requires the
use of tier I shelters to meet legal mandates to provide shelter for
homeless persons and, upon transmission of such certification for
publication in the City Record together with a statement of the reasons
therefor, which shall include a statement and documentation that there
is no other alternative form of shelter available that complies with
state and local regulations including invoking the powers under § 21-121
(3), may direct the use of such tier I shelters which are consistent
with state and local laws as are necessary to meet the emergency;
provided, however, that the commissioner of social services may not
utilize a tier I shelter for more than forty-five days unless a local
law shall be enacted permitting such use for the shelter.
Section 21-124.1
§ 21-124.1 Homeless diversion teams. The commissioner shall fully
staff "homeless diversion teams" at each income support center and
emergency assistance unit except those that exclusively service
individuals. Such homeless diversion teams shall screen families who
present themselves as being homeless and in need of transitional housing
in an effort to assist those who can to return to former housing
situations. Beginning on October 1, 1995 and on the first day of each
succeeding calendar quarter thereafter, the commissioner shall report to
the speaker of the city council in writing on the homeless diversion
teams including, but not limited to, the following information
aggregated on a quarterly and fiscal year annualized basis;
a. the number of clients interviewed;
b. the number of clients diverted, how and to where diverted; and
c. the number of clients who presented themselves as homeless during
the reporting period subsequent to a diversion and the number of days
since such initial diversion.
Section 21-125
* § 21-125 Computer linkages to any emergency assistance unit and
assessment center. For the purpose of facilitating the provision and
coordination of benefits to homeless individuals and families, the
commissioner shall provide computer linkages, and personnel where
necessary to access such linkages, at any emergency assistance unit and
assessment center as may be operated by, or under contract with, the
department of homeless services.
* NB Expired July 1, 1998
Section 21-126
§ 21-126 Division of AIDS services. There shall be a division of AIDS
services within the New York city department of social services. Such
division shall provide access to benefits and services as defined in
section 21-128(a)(1) of this chapter to every person with
clinical/symptomatic HIV illness, as determined by the New York state
department of health AIDS institute, or with AIDS, as defined by the
federal centers for disease control and prevention, who requests
assistance, and shall ensure the provision of benefits and services to
eligible persons as defined in section 21-128(a)(3) of this chapter with
clinical/symptomatic HIV illness or with AIDS.
Section 21-127
§ 21-127 Case management and allowances. The commissioner shall direct
staff of the division of AIDS services to provide to persons with
clinical/symptomatic HIV illness, as determined by the New York state
department of health AIDS institute, or persons with AIDS, as defined by
the federal centers for disease control and prevention, who satisfy the
income eligibility requirements for medicaid as set forth in section
1396 et. seq. of title 42 of the United States code: (i) intensive case
management with an average ratio which shall not exceed one caseworker
or supervisor to twenty-five family cases, and with an overall average
ratio for all cases which shall not exceed one caseworker or supervisor
to thirty-four cases; and (ii) transportation and nutrition allowances.
Such transportation and nutrition allowances shall be provided to each
such person in an amount not less than the amount per person provided on
the effective date of the local law that added this section.
Notwithstanding the requirements of this section, in the event of a
material reduction in the state of New York's funding allocation, the
council and the mayor may modify such amount of allowances pursuant to
section 107 or sections 254, 255 and 256 of the charter of the city of
New York.
Section 21-128
§ 21-128 Benefits and services to be provided to persons with
clinical/symptomatic HIV illness or with AIDS. a. Whenever used in this
section, the following terms shall be defined as follows:
1. "Access to benefits and services" shall mean the provision of
assistance by staff of the division to a person with
clinical/symptomatic HIV illness or with AIDS at a single location in
order to apply for publicly subsidized benefits and services, to
establish any and all elements of eligibility including, but not limited
to, those elements required to be established for financial benefits,
and to maintain such eligibility and shall include, but not be limited
to, assistance provided at a field office of the department, at the home
of the applicant or recipient, at a hospital where such applicant or
recipient is a patient or at another location, in assembling such
documentation as may be necessary to establish any and all elements of
eligibility and to maintain such eligibility;
2. "Completed application" means:
(a) the date on the client's receipt indicating that the application
is complete pursuant to paragraph 2 of subdivision c of this section; or
(b) where no receipt is provided, the date on which the client has
provided the division with all of the information and documentation
necessary to complete the client's application for a benefit or service;
or
(c) in the case of a separate determination of eligibility for
medicaid or food stamps, the date on which a person's application for
public assistance was denied or a recipient's public assistance case was
closed.
3. "Division" shall mean the division of AIDS services as established
pursuant to § 21-126 of this chapter, or its functional or legal
equivalent;
4. "Eligible person" shall mean a person who satisfies the eligibility
requirements established pursuant to applicable local, state or federal
statute, law, regulation or rule for the benefits and services set forth
in subdivision b of this section or for any other benefits and services
deemed appropriate by the commissioner;
5. "Immediate needs grant" means a pre-investigation grant provided to
a person who appears to be in immediate need;
6. "Legally mandated time frame" means the time period within which a
benefit or service must be provided to an eligible applicant under
federal, state or local law, rule, regulation or by order of a court of
competent jurisdiction;
7. "Medically appropriate transitional and permanent housing" shall
mean housing which is suitable for persons with severely compromised
immune systems, and if necessary, accessible to persons with
disabilities as defined in section 8-102 of this code. Such housing
shall include, but not be limited to, individual refrigerated food and
medicine storage and adequate bathroom facilities which shall, at a
minimum, provide an effective locking mechanism and any other such
measures as are necessary to ensure privacy;
8. "Non-emergency housing" shall mean housing provided or administered
by the division, including but not limited to programs referred to as
scatter site I housing, scatter site II housing and congregate housing;
9. "Person with clinical/symptomatic HIV illness or with AIDS" shall
mean a person who has at any time been diagnosed with
clinical/symptomatic HIV illness, as determined by the New York state
department of health AIDS institute, or a person with AIDS, as defined
by the federal centers for disease control and prevention;
10. "Processing time for applications for benefits or services" means
the length of time required to process an application for benefits or
services administered by the division, which shall not be represented in
terms of averages, but shall be reported in terms of categories covering
various periods of time as follows:
(a) for non-emergency applications for food stamps, medicaid and
public assistance benefits: 0 to 15 days; 16 to 30 days; 31 to 45 days;
46 to 65 days; 66 to 75 days; and more than 76 days;
(b) for immediate needs grants and expedited food stamps: same day; 1
to 5 days; 6 to 10 days; 11 to 17 days; and more than 18 days;
(c) for all other non-emergency benefits and services, including but
not limited to exceptions to policy for enhanced rental assistance and
additional allowances: 0 to 15 days; 16 to 30 days; 31 to 45 days; 46 to
75 days; and more than 76 days;
(d) for all other benefits and services provided on an emergency
basis, including benefits and services currently referred to as
"emergency CBCFAs": (i) in reporting the time frame from completed
application to approval or denial: 0 to 2 days; 3-5 days; 6-10 days;
11-15 days; and more than 16 days; and (ii) in reporting the time frame
from approval to provision of the benefit: 0-1 days; 2-5 days; 6-10
days; 11-15 days; and more than 16 days; and
(e) for applications for non-emergency housing: 0 to 15 days; 16 to 30
days; 31 to 45 days; 46 to 75 days; 76 to 100 days; and more than 100
days.
11. "Separate determination of eligibility for medicaid or food
stamps" means a determination regarding eligibility for medicaid or food
stamps made either when a person's application for public assistance has
been denied or when a recipient's public assistance case is closed.
b. The commissioner shall direct staff of the division of AIDS
services to provide access to benefits and services to every eligible
person with clinical/symptomatic HIV illness or with AIDS who requests
assistance, and shall ensure the provision of benefits and services to
eligible persons with clinical/symptomatic HIV illness and with AIDS.
Any eligible person shall receive only those benefits and services for
which such person qualifies in accordance with the applicable
eligibility standards established pursuant to local, state or federal
statute, law, regulation or rule. Such benefits and services shall
include, but not be limited to: medically appropriate transitional and
permanent housing; medicaid, as set forth in section 1396 et. seq. of
title 42 of the United States code and other health-related services;
home care and home health services as set forth in sections 505.21 and
505.23 of title 18 of the official compilation of the codes, rules and
regulations of the state of New York; personal care services as set
forth in section 505.14 of title 18 of the official compilation of the
codes, rules and regulations of the state of New York; homemaker service
as set forth in part 460 of title 18 of the official compilation of the
codes, rules and regulations of the state of New York; food stamps, as
set forth in section 2011 et. seq. of title 7 of the United States code;
transportation and nutrition allowances as required by section 21-127 of
this chapter; housing subsidies, including, but not limited to, enhanced
rental assistance as set forth in section 397.11 of title 18 of the
official compilation of the codes, rules and regulations of the state of
New York; financial benefits; and intensive case management as required
by section 21-127 of this chapter. The commissioner shall have the
authority to provide access to additional benefits and services and
ensure the provision of such additional benefits and services whenever
deemed appropriate. The requirements with respect to such access to and
eligibility for benefits and services shall not be more restrictive than
those requirements mandated by state or federal statute, law, regulation
or rule. Within thirty days of the effective date of the local law that
added this section, the commissioner shall establish criteria pursuant
to which an applicant shall be entitled to a home or hospital visit for
the purpose of establishing eligibility and applying for benefits and
services.
c. 1. Upon written or oral application to the division for benefits
and services or submission of documents required to establish
eligibility for benefits and services by a person with
clinical/symptomatic HIV illness or with AIDS, such person shall
immediately be provided with a receipt which shall include, but not be
limited to, the date, a description of the information received, and a
statement as to whether any application for such benefits and services
is complete or incomplete, and if incomplete, such receipt shall
identify any information or documents needed in order for the
application to be deemed complete.
2. Processing of applications for medically appropriate non-emergency
housing.
(a) Unless the client shall decline, the division shall provide the
following to every homeless client of the division on the day the client
is determined to be eligible for services as a client of the division:
(i) an application for medically appropriate non-emergency housing;
and
(ii) information regarding financial assistance available to assist
eligible clients in obtaining housing and regarding available housing
options.
(b) The division shall ensure that every client receives any
assistance needed to complete the application for medically appropriate
non-emergency housing within 10 business days of the day on which the
client is determined to be eligible for services as a client of the
division.
(c) Within 90 days of initial placement in emergency housing or of
completion of the physical documentation required from the client for
the application for non-emergency housing, whichever is sooner, the
division must provide every client who is eligible for non-emergency
housing a referral to an available medically appropriate non-emergency
housing option, which takes into consideration the medical, educational
and familial needs and social circumstances of the client, to the extent
such option is available.
(d) For any client who remains homeless or in emergency housing for
over 45 days after the requirements of subparagraph (c) of this
paragraph or the requirements of this subparagraph have been met, the
division shall provide a referral to another medically appropriate
non-emergency housing option, to the extent such option is available.
3. Where no statute, law, regulation or rule provides a time period
within which a benefit or service shall be provided to an eligible
person who requests such a benefit or service, such benefit or service
shall be provided no later than twenty business days following
submission of all information or documentation required to determine
eligibility.
d. Where a person with clinical/symptomatic HIV illness or with AIDS
who applies for benefits and services, or access to benefits and
services, indicates that one or more minor children reside with him or
her or are in his or her care or custody, such person shall be given
information and program referrals on child care options and custody
planning, including the availability of standby guardianship pursuant to
section 1726 of the surrogate's court procedure act of the state of New
York and referral to legal assistance programs.
e. Recertification of eligibility, as required by any state or federal
law, statute, regulation or rule shall be conducted no more frequently
than mandated by such statute, law, regulation or rule.
f. Eligibility for benefits and services for persons with
clinical/symptomatic HIV illness or with AIDS may not be terminated
except where the recipient is determined to no longer satisfy
eligibility requirements, is deceased, or upon certification by the
commissioner that the recipient cannot be located to verify his or her
continued eligibility for benefits and services. In the latter
circumstance, the division shall conduct a reasonable good faith search
for at least a ninety-day period to locate the recipient, including
sending written notice by certified mail, return receipt requested, to
the last known address of such recipient, requiring the recipient to
contact the division within ten days.
g. Not later than sixty days from the effective date of the local law
that added this section, the commissioner shall prepare a draft policy
and procedures manual for division staff. Such policy and procedures
manual shall include, but not be limited to, strict guidelines on
maintaining the confidentiality of the identity of and information
relating to all applicants and recipients, instructional materials
relating to the medical and psychological needs of persons with
clinical/symptomatic HIV illness or with AIDS, application procedures,
eligibility standards, mandated time periods for the provision of each
benefit and service available to applicants and recipients and advocacy
resources available to persons with clinical/symptomatic HIV illness or
with AIDS. Such list of advocacy resources shall be updated
semi-annually. Within thirty days following the preparation of such
draft policy and procedures manual and prior to the preparation of a
final policy and procedures manual, the commissioner shall distribute
such draft policy and procedure manual to all social service agencies
and organizations that contract with the department to provide
HIV-related services and to all others whom the commissioner deems
appropriate, and hold no fewer than one noticed public hearing at a site
accessible to the disabled, at which advocates, service providers,
persons who have tested positive for HIV, and any other member of the
public shall be given an opportunity to comment on such draft policy and
procedures manual. The commissioner shall prepare a final policy and
procedures manual within thirty days after the conclusion of such
hearing and shall thereafter review and where appropriate, revise such
policy and procedures manual on an annual basis. The commissioner shall
provide for semi-annual training, using such policy and procedures
manual, for all division staff.
h. Not later than sixty days from the effective date of the local law
that added this section, the commissioner shall publish a proposed rule
establishing a bill of rights for persons with clinical/symptomatic HIV
illness or with AIDS. Such draft bill of rights shall include, but not
be limited to, an explanation of the benefits and services for which
persons with clinical/symptomatic HIV illness or with AIDS may be
eligible; timetables within which such benefits and services shall be
provided to eligible persons; an explanation of an applicant's and
recipient's right to examine his or her file and the procedure for
disputing any information contained therein; an explanation of an
applicant's and recipient's right to a home or hospital visit for the
purpose of applying for or maintaining benefits or services; an
explanation of the process for requesting a division conference or New
York state fair hearing; and a summary of the rights and remedies for
the redress of discrimination as provided for in title eight of this
code. Within sixty days following the publication of such proposed rule,
and prior to the publication of a final rule, the commissioner shall
hold no fewer than one noticed public hearing at a site accessible to
the disabled at which advocates, service providers, persons who have
tested positive for HIV, and any other member of the public shall be
given an opportunity to comment on such draft bill of rights. The
commissioner shall publish a final rule within thirty days after the
conclusion of such hearing and shall thereafter review, and where
appropriate, revise such bill of rights on an annual basis. Such bill of
rights shall be conspicuously posted in all division offices that are
open to the public and shall be available for distribution to the public
in English, Spanish and any other languages that the commissioner deems
appropriate.
i. Not later than ninety days from the effective date of the local law
that added this section, the commissioner shall establish a policy or
procedure for overseeing and monitoring the delivery of services
required pursuant to this section to persons with clinical/symptomatic
HIV illness or with AIDS which shall include, but not be limited to,
quality assurance measurements. The commissioner shall submit such
policy or procedure to the mayor and the council in writing within ten
days from the date such policy or procedure is established.
j. The commissioner shall submit written, quarterly reports to the
mayor and the council that shall, at a minimum, provide the following
information:
1. The number of persons with clinical/symptomatic HIV illness or with
AIDS who requested benefits or services set forth in subdivision b of
this section or any other benefits or services provided by the division.
2. The processing time for applications for benefits or services,
disaggregated by field office, type of benefit and individual versus
family case, specified as follows:
(i) for non-emergency applications for food stamps, medicaid and
public assistance benefits, including separate determinations of
eligibility for medicaid or food stamps:
(1) the number of days from completed application to the provision of
the benefit or service; and
(2) in cases of denial, the number of days from the completed
application to denial of the application.
(ii) for immediate needs grants and expedited food stamps:
(1) the number of days from the request date to the date of issuance
of a grant; and
(2) in cases of denial, the number of days from the request date to
the date of denial.
(iii) for all other non-emergency benefits or services provided by or
through any division center or office, including but not limited to
exceptions to policy for enhanced rental assistance and additional
allowances:
(1) (a) the number of days from initial request to completed
application; and
(b) the number of days from completed application to the provision of
the benefit or service; and
(2) in cases of denial, the number of days from completed application
to denial of the application.
(iv) for all other benefits or services provided on an emergency
basis, including but not limited to exceptions to policy for enhanced
rental assistance and additional allowances:
(1) the number of days from initial request to completed application;
(2) the number of days from completed application to approval or
denial of the application; and
(3) the number of days from approval of an application to the
provision of the benefit or service.
(v) for applications for non-emergency housing: (1) the number of days
from a request for housing to completed application;
(2) the number of days from completed application to approval or
denial of the application;
(3) the number of days from approval of an application to the date on
which the client takes occupancy of non-emergency housing; and
(4) with respect to applications that are approved, the number of days
from completed application to the date on which the client takes
occupancy of non-emergency housing.
3. The number of division staff, by job title, whose duties include
providing benefits and services or access to benefits and services
pursuant to this section, disaggregated by field office and family
versus overall cases; the number of cases at each field office,
disaggregated by family versus overall cases; and the ratio of case
managers and supervisors to clients at each field office, disaggregated
by family versus overall cases.
4. The number of cases closed, disaggregated by the reasons for
closure.
5. The number of closed cases that were re-opened, the length of time
required to re-open such closed cases, starting from the date on which
the case was closed, and the total number of cases closed in error and
the length of time required to reopen such closed cases, starting from
the date on which the case was closed, disaggregated by field office and
reported in the following categories: 0 to 15 days; 16 to 30 days; 31 to
45 days; 46 to 60 days; 61 to 75 days; 76 to 90 days; and more than 91
days.
6. The number of administrative fair hearings requested, the number of
fair hearing decisions in favor of applicants and recipients and the
length of time for compliance with such fair hearing decisions,
disaggregated by decisions where there was compliance within 30 days of
the decision date and decisions where there was compliance after 30 days
of the decision date;
7. The number of proceedings initiated pursuant to article 78 of the
civil practice law and rules challenging fair hearing decisions, and the
number of article 78 decisions rendered in favor of applicants or
recipients;
8. The number of clients in emergency housing and the average length
of stay, disaggregated on a monthly basis;
9. The number of facilities used to provide emergency shelter for
clients and the number of units per facility, disaggregated by the type
of facility;
10. The number of facilities used to provide emergency shelter placed
on non-referral status for each month in the reporting period and the
number of facilities placed on non-referral status that remedied the
situation that led to non-referral status.
11. The number of facilities used to provide emergency shelter placed
on discontinuance of use status and the number of facilities placed on
discontinuance of use status that remedied the situation that led to
discontinuance of use status.
12. The number of requests for emergency housing assistance, the
number of persons referred to the department of homeless services; the
number of persons referred to commercial single room occupancy hotels,
the average length of stay in commercial single room occupancy hotels,
the number of applications for non-emergency housing each month; and the
number of persons placed in non-emergency housing each month.
13. The number of inspections of emergency housing conducted by the
division.
14. Quarterly reports required by this subdivision shall be delivered
no later than 60 days after the last day of the time period covered by
the report. The first quarterly report required by this subdivision
shall be delivered no later than August 31, 2005.
k. There shall be an advisory board to advise the commissioner on the
provision of benefits and services and access to benefits and services
to persons with clinical/symptomatic HIV illness or with AIDS as
required by this section. This advisory board shall consist of eleven
members to be appointed for two-year terms as follows: five members, at
least three of whom shall be eligible for benefits and services pursuant
to this section, who shall be appointed by the speaker of the council
and six members, including the chairperson of the advisory board, at
least three of whom shall be eligible for benefits and services pursuant
to this section, who shall be appointed by the mayor. The advisory board
shall meet at least quarterly and members shall serve without
compensation. Such advisory board may formulate and recommend to the
commissioner a policy or procedure for overseeing and monitoring the
delivery of services to persons with clinical/symptomatic HIV illness or
with AIDS which may include quality assurance measurements. Such
advisory board shall submit such recommended policy or procedure to the
mayor and the council upon submission to the commissioner.
l. Centralized housing referral and placement system.
(1) Development and maintenance of referral and placement system.
Within one year of the effective date of the local law that added this
subdivision, the commissioner shall establish and maintain a housing
referral and placement system to track referrals to and placements in
emergency and non-emergency housing and to track the conditions at
emergency facilities at which clients with clinical/symptomatic HIV
illness or with AIDS reside. At a minimum, the housing referral and
placement system required by this subdivision shall have: (i) a
mechanism to track vacancies at non-emergency housing facilities and to
match eligible applicants to appropriate vacancies; (ii) a mechanism to
track conditions at emergency housing facilities; and (iii) a mechanism
to track the outcome of referrals and length of stay at emergency
housing facilities and non-emergency housing facilities.
Section 21-130.
§ 21-130. Shelter and related services for victims of domestic
violence. a. The city shall provide emergency shelter and/or related
services to victims of domestic violence to the extent required by
sections 131-u and 459-a of the social services law. A victim of
domestic violence shall include any person over the age of 16, any
married person, or any parent accompanied by his or her minor child or
children, in situations in which such person, parent or person's child
is a victim of an act which would constitute a violation of the Penal
Law, including, but not limited to acts constituting disorderly conduct,
harassment, menacing, reckless endangerment, kidnapping, assault,
attempted assault, or attempted murder; and
(1) such act or acts have resulted in actual physical or emotional
injury or have created a substantial risk of physical or emotional harm
to such person or such person's child; and
(2) such act or acts are or are alleged to have been committed by a
family or household member.
Notwithstanding any other provision of this section, "Family or
household members" shall mean the following individuals:
(i) persons related by blood or marriage;
(ii) persons legally married to one another;
(iii) persons formerly married to one another regardless of whether
they still reside in the same household;
(iv) persons who have a child in common regardless of whether such
persons are married or have lived together at any time;
(v) unrelated persons who are continually or at regular intervals
living in the same household or who have in the past continually or at
regular intervals lived in the same household; or
(vi) unrelated persons who have had intimate or continuous social
contact with one another and who have access to one another's household.
b. Victims of domestic violence who apply for emergency shelter and/or
related services pursuant to section 131-u of the social services law
may not be denied emergency shelter or related services solely based on
lack of documentary evidence of the incidence of domestic violence, such
as a police report or order of protection.
Section 21-131.
* § 21-131. Food Stamp Applications at Emergency Feeding Programs. a.
The commissioner shall arrange for the distribution of applications for
the food stamp program to all city-funded emergency feeding programs.
For purposes of this section, "emergency feeding program" means a food
pantry or soup kitchen.
b. Reports regarding distribution of food stamp applications.
Beginning January 1, 2006, and on the first business day of each
succeeding calendar quarter thereafter, the commissioner shall submit a
report to the speaker of the city council indicating the emergency
feeding programs to which it distributed applications in the prior
calendar quarter and the number of applications distributed to each
emergency feeding program.
* NB There are 2 § 21-131's
Section 21-131
* § 21-131 Definitions. a. For the purposes of this section, the
following terms shall have the following meanings:
1. "Commissioner" shall mean the commissioner of the administration
for children's services.
2. "Foster care" shall mean the out-of-home placement of children who
are in the care, custody or guardianship of the commissioner of the
administration for children's services.
3. "Foster care services" shall mean the care of abandoned, destitute,
dependent, neglected or delinquent children or persons in need of
supervision away from their own homes in institutions, foster homes or
temporary shelters, in whole or in part at public expense, under the
jurisdiction of a social services official or other authorized agency.
4. "Foster parent" shall mean any person with whom a child in the
care, custody or guardianship of the commissioner of the administration
for children's services is placed for temporary or long-term care, as
defined by section 371 of the social services law.
5. "Organization" shall mean any individual, association, corporation,
not-for-profit corporation, partnership, institution, trust, firm or
other entity.
6. "Parent" shall mean any biological parent.
7. "Parent advocate" shall mean any parent who has been or has had a
child placed in foster care or who has received preventive services and
who works with and provides advice to parents regarding child welfare
policies and practices and parental rights and responsibilities within
the foster care system.
8. "Preventive services" shall mean supportive and rehabilitative
services provided to children and their families for the purpose of:
(i) averting an impairment or disruption of a family which will or
could result in the placement of a child in foster care;
(ii) enabling a child who has been placed in foster care to return to
his or her family at an earlier time than would otherwise be possible;
or
(iii) reducing the likelihood that a child who has been discharged
from foster care would return to such care.
b. There shall be a child welfare parent advocate advisory committee.
Such committee shall provide recommendations on the administration for
children's services policies regarding foster care services and
preventive services.
1. The advisory committee shall consist of:
(i) ten parents or parent advocates from organizations providing
foster care services pursuant to a contract with the administration for
children's services or receiving services directly from the
administration for children's services, or from organizations providing
preventive services pursuant to a contract with the administration for
children's services or receiving services directly from the
administration for children's services, six of whom shall be appointed
by the commissioner and four of whom shall be appointed by the speaker
of the city council;
(ii) four foster parents, three of whom shall be appointed by the
commissioner and one of whom shall be appointed by the speaker of the
city council; and
(iii) four parents who have adopted children formerly in the care,
custody or guardianship of the commissioner, three of whom shall be
appointed by the commissioner and one of whom shall be appointed by the
speaker of the city council.
2. Each member of the advisory committee will serve for a term of two
years to commence on the effective date of the local law that added this
section and may be removed from office by the appointing official for
cause. Any vacancy occurring other than by expiration of term shall be
filled by the official who appointed the member in the same manner as
the original appointment. A person so appointed shall serve for the
unexpired portion of the term of the member succeeded. The commissioner
shall designate one member to serve as chairperson and one member to
serve as vice-chairperson.
3. Each member of the advisory committee shall serve without
compensation.
4. No person shall be ineligible for membership on the advisory
committee because such person holds any other public office, employment
or trust, nor shall any person be made ineligible to or forfeit such
person's right to any public office, employment or trust by reason of
such appointment.
5. The advisory committee shall meet at least four times a year.
6. The advisory committee may request and shall receive from the
administration for children's services all documents otherwise available
to the public, including, but not limited to, procedures, requests for
proposals, contracts, training curricula, year-end reviews and
descriptions of program evaluation systems. The advisory committee may
not receive information which is required by law to be kept confidential
or which is privileged as attorney-client communications, attorney work
products or material prepared for litigation.
7. The advisory committee shall submit to the mayor and to the speaker
of the city council on an annual basis, no later than October thirtieth
of each year, a report. Such report shall include, but not be limited
to, recommendations regarding the improvement of services provided by
the city and non-government related service delivery systems with
respect to foster care services, preventive services and any other
aspects of the child welfare system such committee deems relevant. Such
reports shall be considered public information.
* NB There are 2 § 21-131's
Section 21-132.
* § 21-132. Internet submission of applications for the food stamp
program. a. Within one year of the effective date of the local law that
added this section, the commissioner shall develop a procedure that
enables applicants for the federal food stamp program to access and
submit applications using the internet.
b. To the extent that the requirement set forth in subdivision a of
this section is subject to the approval of the state office of temporary
and disability assistance or the united states department of agriculture
or any other state or federal agency, the commissioner shall request
such permission within 90 days of the effective date of the local law
that added this section.
* NB There are 2 § 21-132's
Section 21-133.
§ 21-133. Web-based information for youth and young adults aged
sixteen through twenty applying for or receiving public assistance.
a. Definitions. For the purposes of this section the following terms
shall have the following meanings:
1. "Public assistance" shall mean safety net assistance and family
assistance provided by the New York city department of social
services/human resources administration;
2. "Young adult" shall mean any person between and including the ages
of eighteen and twenty; and
3. "Youth" shall mean any person between and including the ages of
sixteen and seventeen.
b. Web-based Information. No later than sixty days from the effective
date of the local law that added this section, the department shall
publish, through an easily identifiable link on its website, answers to
frequently asked questions relating to the rights of and options
available to youth and young adults who apply for or are receiving
public assistance as head of household, including but not limited to a
description of how to apply for public assistance, the types of public
assistance that are available, and how recipients may satisfy work
requirements through educational activities. Such information shall be
updated as often as necessary and at a minimum on an annual basis.
Section 21-134
§ 21-134 Cash assistance application and caseload engagement status
reports for individuals aged sixteen through twenty-four.
a. Definitions. For the purposes of this section the following terms
shall have the following meanings:
(1) "BEGIN" shall mean the New York city department of social
services/human resources administration program, known as begin
employment gain independence now, which collaborates with education and
training providers to offer a coordinated program of employment
preparation to support the efforts of public assistance recipients who
are making the transition to employment;
(2) "Engageable" shall mean an individual is required to participate
in employment, programs or activities in order to receive public
assistance;
(3) "Head of household" shall mean the member of the applicant
household designated by the household to represent the household in all
matters pertaining to its eligibility for and receipt of various forms
of public assistance;
(4) "Household" shall mean a single individual or family, including
couples without dependent children who, or which, are eligible to
receive public assistance;
(5) "Public assistance" shall mean safety net assistance and family
assistance provided by the New York city department of social
services/human resources administration;
(6) "Unengageable" shall mean an individual is exempt from having to
participate in employment, programs or activities as a condition of
receiving public assistance;
(7) "WeCARE" shall mean the New York city department of social
services/human resources administration program, known as wellness
comprehensive assessment rehabilitation and employment, which addresses
the needs of public assistance recipients with medical and/or mental
health barriers to employment by providing customized assistance and
services to help them achieve their highest levels of self-sufficiency;
and
(8) "WEP" shall mean the New York city department of social
services/human resources administration program, known as the work
experience program, which is designed to provide a simulated work
experience to individuals receiving public assistance.
b. Cash assistance caseload engagement status report for heads of
household aged sixteen through twenty-four. Beginning no later than
April 1, 2013, and no later than the first day of each subsequent month,
the department shall post on its website an updated report regarding the
engagement status of heads of household between and including the ages
of sixteen and twenty-four, that includes, at a minimum, the following
information disaggregated by the following categories: 1) individuals
aged sixteen and seventeen; 2) individuals aged eighteen through twenty;
and 3) individuals aged twenty-one through twenty-four, calculated both
as an actual number and the percentage each such number represents of
the overall cash assistance caseload:
A. Total number of recipients of public assistance who self-report as
lacking a high school degree or the equivalent at the time of
application.
B. Total number of recipients of public assistance exempt from
engagement and reason for exemption, including but not limited to:
(a) Total indefinitely unengageable, disaggregated by:
(i) head of household on supplemental social security income or other
disability-based income;
(ii) HIV/AIDS services administration case; and
(iii) child only case (ages 17 and under).
(b) Total temporarily unengageable, disaggregated by:
(i) temporarily incapacitated due to health situation;
(ii) child under 3 months of age;
(iii) supplemental security income or other disability-based income
pending or appealing;
(iv) temporarily exempt; and
(v) pending WeCARE scheduling/outcome.
C. Total number of engageable recipients of public assistance,
including but not limited to:
(1) Total engaged in:
(a) Employment:
(i) budgeted;
(ii) not budgeted: no aid to continue;
(iii) grant diversion; and
(iv) wage subsidy.
(b) WEP:
(i) WEP basic;
(ii) WEP medical limitations/WeCARE;
(iii) WEP and BEGIN managed activities, or any substantially similar
successor program;
(iv) WEP special;
(v) WEP and job skills;
(vi) WEP and substance abuse treatment;
(vii) WEP/substance abuse/job search;
(viii) WEP/substance abuse/training;
(ix) WEP/WeCARE concurrent activity; and
(x) WEP and training.
(c) Other work activity.
(d) Substance abuse residential treatment.
(2) Total engaged in other participation, including but not limited
to:
(a) education/training;
(b) job search under 12 weeks;
(c) job search 12 weeks or more;
(d) student over age 15;
(e) substance abuse treatment;
(f) substance abuse/job search;
(g) substance abuse/training;
(h) wellness/rehab/WeCARE;
(i) WeCARE and substance abuse;
(j) WeCARE vocational rehabilitation;
(k) WeCARE concurrent activity; and
(l) needed at home.
D. Total number of recipients in engagement process, disaggregated by:
(a) call-in appointment scheduled;
(b) eligibility call-in appointment scheduled;
(c) WeCARE assessment scheduled; and
(d) in review process.
E. Total number of recipients in a sanction process, disaggregated by:
(a) in conciliation;
(b) awaiting conciliation scheduling; and
(c) taking part in a fair hearing:
(i) contesting; and
(ii) not contesting.
F. Total number of recipients with a sanction in effect.
c. Semiannual report for heads of household aged sixteen through
twenty. Within sixty days after June 30, 2013, and within sixty days
following each six month period thereafter, the department shall post on
its website a report regarding the total number of individuals aged
sixteen through twenty who applied for public assistance as head of
household during the previous six months and of those, the total number
accepted and rejected, disaggregated by the following categories: 1)
individuals aged sixteen and seventeen; and 2) individuals aged eighteen
through twenty. For purposes of this subdivision, each six month period
shall be deemed to end on June 30 and December 31 of each calendar year.
Section 21-135
§ 21-135 Process for youth and young adults aged 16 through 24
receiving public assistance as head of household.
a. Definitions. For the purposes of this section the following terms
shall have the following meanings:
(1) "Basic literacy level" shall mean a ninth grade reading level as
evaluated by the New York city department of social services/human
resources administration when conducting an employment assessment for
public assistance recipients;
(2) "BTW" shall mean the New York city department of social
services/human resources administration program, known as back to work,
where a single vendor works with individuals to assist them in
employment preparation including education and training, as applicable,
and finding employment;
(3) "Head of household" shall mean the member of the applicant
household designated by the household to represent the household in all
matters pertaining to its eligibility for and receipt of various forms
of public assistance;
(4) "Household" shall mean a single individual or family, including
couples without dependent children who, or which, are eligible to
receive public assistance;
(5) "Public assistance" shall mean safety net assistance and family
assistance provided by the New York city department of social
services/human resources administration; and
(6) "WEP" shall mean the New York city department of social
services/human resources administration program, known as the work
experience program, which is designed to provide a simulated work
experience to individuals receiving public assistance.
b. Written Report: The commissioner shall designate an individual
responsible for agency oversight of how youth and young adults aged 16
through 24 receiving public assistance are engaged and served. The
department shall submit a report to the council, in writing, no later
than six months from the effective date of this local law, describing
the process put in place to serve such youth and young adults. At a
minimum, such report shall include, but not be limited to, a description
of:
(1) department policies as they relate to federal and state mandated
education requirements for youth and young adults aged 16 through 24;
(2) the department's process for determining whether a 16 or 17
year-old is interested in educational activities;
(3) the department's process for referring a 16 or 17 year-old without
a high school diploma or its equivalent to the department of education
or other educational opportunities;
(4) criteria and/or assessment tools used in determining that a 16 or
17 year-old without a high school diploma or its equivalent cannot make
satisfactory progress in obtaining such a diploma or its equivalent and
therefore should be referred to BTW, WEP, or other program;
(5) the department's process for determining whether heads of
household between and including the ages of eighteen and twenty, who do
not have a high school diploma or its equivalent, are interested in
participating in appropriate educational activities designed to help
them obtain a high school diploma or its equivalent;
(6) the department's process for encouraging heads of household
between and including the ages of eighteen and twenty, who do not have a
high school diploma or its equivalent, to participate in appropriate
educational activities designed to help them obtain a high school
diploma or its equivalent;
(7) the department's process for connecting heads of household between
and including the ages of eighteen and twenty, who have a high school
diploma or its equivalent, to educational activities;
(8) criteria used in determining that participation in educational
activities by heads of household between and including the ages of
eighteen and twenty, who do not have a high school diploma or its
equivalent, is not appropriate based on an employment plan;
(9) the department's process for determining whether heads of
household between and including the ages of twenty-one and twenty-four,
who do not have a high school diploma or its equivalent, are interested
in participating in educational activities designed to help them obtain
a high school diploma or its equivalent;
(10) the department's process for connecting heads of households
between and including the ages of twenty-one and twenty-four, who have a
high school diploma or its equivalent, to educational activities;
(11) the department's process for determining that educational
activities are not appropriate for heads of household between and
including the ages of twenty-one and twenty-four without a high school
diploma or its equivalent;
(12) the department's process for making educational activities
available to individuals aged 18 through 24 who have not attained a
basic literacy level and are interested in attaining such as part of
their work activity requirement;
(13) the department's plan to improve coordination between the
department and other city agencies and programs that specialize in
employment services for 16 and 17 year-olds;
(14) criteria used in determining that a referral to the
administration for children's services is warranted for minors who apply
for public assistance and do not live with a parent or legal guardian;
and
(15) the department's strategy to convey to department staff the
process for assisting young people aged 16 through 24 receiving public
assistance.