Legislation
SECTION 458-C
Payments for non-recurring guardianship expenses
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 10
§ 458-c. Payments for non-recurring guardianship expenses. 1. A social
services official shall make payments for non-recurring guardianship
expenses incurred by or on behalf of the relatives or successor
guardians who have been approved by the social services official to
receive kinship guardianship assistance payments, when such expenses are
incurred in connection with assuming the guardianship of a foster child
or a former foster child in regard to successor guardians. The agreement
for the payment of non-recurring guardianship expenses must be reflected
in the written agreement set forth in subdivision four of section four
hundred fifty-eight-b of this title. In accordance with subdivision two
of this section, the payments shall be made by the social services
official either to the relative or successor guardian or guardians
directly or to an attorney on behalf of the relative or successor
guardian or guardians, as applicable, for the allowable amount of
non-recurring guardianship expenses incurred in connection with
obtaining such guardianship.
2. The amount of the payment made pursuant to this section shall not
exceed two thousand dollars for each foster child for whom the
relatives, or each former foster child for whom the successor guardians,
seek guardianship or permanent guardianship and shall be available only
for those expenses that are determined to be eligible for reimbursement
by the social services official in accordance with the regulations of
the office of children and family services.
3. Payments for non-recurring guardianship expenses made by a social
services official pursuant to this section shall be treated as
administrative expenditures under title IV-E of the federal social
security act and shall be reimbursed by the state accordingly.
4. As used in this section, non-recurring guardianship expenses shall
mean reasonable and necessary fees, court costs, attorney fees, and
other expenses which are directly related to obtaining legal
guardianship of an eligible child and which are not incurred in
violation of federal law or the laws of this state or any other state.
services official shall make payments for non-recurring guardianship
expenses incurred by or on behalf of the relatives or successor
guardians who have been approved by the social services official to
receive kinship guardianship assistance payments, when such expenses are
incurred in connection with assuming the guardianship of a foster child
or a former foster child in regard to successor guardians. The agreement
for the payment of non-recurring guardianship expenses must be reflected
in the written agreement set forth in subdivision four of section four
hundred fifty-eight-b of this title. In accordance with subdivision two
of this section, the payments shall be made by the social services
official either to the relative or successor guardian or guardians
directly or to an attorney on behalf of the relative or successor
guardian or guardians, as applicable, for the allowable amount of
non-recurring guardianship expenses incurred in connection with
obtaining such guardianship.
2. The amount of the payment made pursuant to this section shall not
exceed two thousand dollars for each foster child for whom the
relatives, or each former foster child for whom the successor guardians,
seek guardianship or permanent guardianship and shall be available only
for those expenses that are determined to be eligible for reimbursement
by the social services official in accordance with the regulations of
the office of children and family services.
3. Payments for non-recurring guardianship expenses made by a social
services official pursuant to this section shall be treated as
administrative expenditures under title IV-E of the federal social
security act and shall be reimbursed by the state accordingly.
4. As used in this section, non-recurring guardianship expenses shall
mean reasonable and necessary fees, court costs, attorney fees, and
other expenses which are directly related to obtaining legal
guardianship of an eligible child and which are not incurred in
violation of federal law or the laws of this state or any other state.