Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 350-J
Emergency assistance to needy families with children
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 10
§ 350-j. Emergency assistance to needy families with children. 1.
Any inconsistent provisions of this chapter or of any other law
notwithstanding, so long as federal aid is available therefor, a social
services district shall provide emergency assistance as herein defined
to persons eligible, including migrant workers with families.

2. For purposes of this section, the term "emergency assistance" means
aid, care and services to meet the emergency needs of a child or the
household in which he or she is living, in the following circumstances:

(a) where the child is under twenty-one years of age; and

(b) the child is living with, or within the previous twelve months
has lived with, an adult related by blood, marriage or adoption; and

(c) in cases of applications for grants of cash assistance, such child
or such household is not categorically eligible for or receiving family
assistance; and

(d) such emergency needs resulted from a catastrophic occurrence or
from a situation which threatens family stability and which has caused
the destitution of the child and/or household; and

(e) such occurrence or situation could not have been foreseen by the
applicant, was not under his or her control and, in the case of a person
receiving public assistance, did not result from the loss, theft or
mismanagement of a regular public assistance grant; and

(f) the emergency grant being applied for will not replace or
duplicate a public assistance grant already made under section one
hundred thirty-one-a of this chapter.

3. Emergency assistance to needy families with children shall be
provided to the extent of items of need and services set forth in
sections one hundred thirty-one and one hundred thirty-one-a of this
chapter, and items of medical services set forth in section three
hundred sixty-five-a of this chapter, and in amounts set forth in the
regulations of the department for children who are without available
resources, and when such assistance is necessary to avoid destitution or
to provide them with living arrangements in a home, and such destitution
or such need did not arise because such children or relatives refused
without good cause to accept employment or training for employment;
provided, however, that no assistance shall be provided which would
duplicate assistance under sections one hundred thirty-one and one
hundred thirty-one-a of this article for which a person is eligible or
would be eligible but for a sanction for violation of the requirements
of title nine-B of article five of this chapter or other requirement of
state law and provided further that, notwithstanding any inconsistent
provision of this section or section one hundred thirty-one-a of this
article, persons for whom preventive services are being provided under
title four of article six of this chapter or who are living in foster
care or in public, congregate or group facilities, such as residential
facilities for victims of domestic violence, may, pursuant to
regulations of the department within amounts specifically appropriated
therefor and subject to the terms and conditions of such appropriation,
receive assistance hereunder on their behalf for such services or for
care in such facilities in amounts exceeding those set forth in section
one hundred thirty-one-a of this article.

5. In scheduling investigations concerning applications for emergency
assistance pursuant to this section, local social services districts
shall give priority to such applications.