New York Social Services Code § 131

Assistance, care and services to be given
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§ 131. Assistance, care and services to be given. 1. It shall be the\nduty of social services officials, insofar as funds are available for\nthat purpose, to provide adequately for those unable to maintain\nthemselves, in accordance with the requirements of this article and\nother provisions of this chapter. They shall, whenever possible,\nadminister such care, treatment and service as may restore such persons\nto a condition of self-support or self-care, and shall further give such\nservice to those liable to become destitute as may prevent the necessity\nof their becoming public charges.\n  2. It shall be the duty of social services officials, insofar as funds\nare available for that purpose, to cooperate with the directors of state\ndepartment of mental hygiene facilities in order to assist patients\ndischarged or about to be discharged from mental hygiene institutions in\ntheir transition to a condition of self-support and self-care in the\ncommunity.\n  3. As far as possible families shall be kept together, they shall not\nbe separated for reasons of poverty alone, and they shall be provided\nservices to maintain and strengthen family life. In providing such\nservices, the public welfare official may utilize appropriate community\nresources, including non-profit private agencies. Whenever practicable,\nassistance and service shall be given a needy person in his own home.\nThe commissioner of public welfare may, however, in his discretion,\nprovide assistance and care in a boarding home, a home of a relative, a\npublic or private home or institution, or in a hospital.\n  4. For needy persons who are members of a family household, the\nstandard of need for determining their eligibility for public assistance\nshall be as prescribed by section one hundred thirty-one-a of this\nchapter and applicable federal requirements. For needy persons who are\nnot members of a family household, the department shall continue to\ndetermine the standard of need for determining their eligibility for\npublic assistance pursuant to the provisions of this chapter and\napplicable federal requirements.\n  5. No public assistance shall be given to an applicant for or\nrecipient of public assistance who has failed to comply with the\nrequirements of this chapter, or has refused to accept employment in\nwhich he or she is able to engage.\n  5-a. The state commissioner of labor, in cooperation with the\ncommissioner and with individual local social services officials, is\nhereby authorized to locate jobs services personnel wherever\nappropriate, in order to achieve the employment objectives of this\nchapter. Local social services officials, in cooperation with the\ncommissioner and the commissioner of labor, are authorized to locate\nsocial services personnel wherever appropriate, in order to achieve the\nemployment objectives of this chapter.\n  6. No individual who is under the age of eighteen and is not married,\nwho resides with and provides care for his or her dependent child or is\npregnant and otherwise entitled to family assistance shall receive\nfamily assistance for himself or herself unless the individual,\nindividual and child or pregnant woman resides in a place of residence\nmaintained as a home by the individual's parent, legal guardian or other\nadult relative or in an adult-supervised supportive living arrangement.\nWhere possible, any such benefits to be paid on behalf of such\nindividual, individual and child or pregnant woman shall be provided by\nthe social services district to the parent, legal guardian or other\nadult relative with whom such individual, individual and child or\npregnant woman resides. The requirement to reside with a parent,\nguardian or adult relative shall not apply if (a) the individual has no\nliving parent, legal guardian or other appropriate adult relative who is\nliving or whose whereabouts are known or (b) no living parent or legal\nguardian of such individual allows the individual to live in his or her\

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