N.Y. Comp. Codes R. & Regs. tit. 18 § 381.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 381.5 - Review and termination of restriction-ADC

(a) The social services official shall undertake and continue special efforts to develop greater ability on the part of the relative to manage funds in such manner as to protect the welfare of the family.

(b) The need for protective payee, vendor payments or restricted money payments and the way in which a protective payee's responsibilities are carried out (including a report of accountability for the disposition of funds showing expenditures for major items of maintenance on a monthly basis, e.g., rent, heat, utilities, food, clothing, incidentals) shall be reviewed as frequently as indicated by the individual circumstances or at least every six months.

(c) Provisions shall be made for termination of protective payee or vendor payments as follows:

(1) When relatives are considered able to manage funds in the best interest of the child, there shall be a return to money payment status.

(2) When it appears that need for protective payee or vendor payments will continue or is likely to continue beyond two years because all efforts have not resulted in sufficiently improved use of assistance in behalf of the child, judicial appointment of a guardian or other legal representative shall be sought, and such payments shall terminate when the appointment has been made.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 381.5