N.Y. Comp. Codes R. & Regs. tit. 18 § 408.5

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

Section 408.5 - Social services district payment responsibility

(a)General requirements.

(1) The social services district in which a victim of domestic violence was residing at the time of the domestic violence incident is financially responsible for making payments to a residential program for victims of domestic violence for the costs of temporary shelter, emergency services and care provided to such victim and any minor child of such victim whether or not the victim is financially eligible for public assistance and care.

(2) A victim of domestic violence shall be provided written information explaining their right to apply for public assistance and care and relevant information to make an informed decision whether to apply for such assistance. This information must include, but is not limited to: understanding what personally identifying information is required, how that information will be used, and what benefits and services are available through public assistance and care.

(3) A social services district cannot require that a victim of domestic violence apply for public assistance and care in order to receive domestic violence services.

(4) The social services district in which the victim of domestic violence was residing at the time of the domestic violence incident is responsible for determining the victim's financial eligibility for public assistance and care, if the victim chooses to apply for public assistance and care, pursuant to subdivision (b) of this section or otherwise providing payment for the costs of emergency shelter and services provided to a victim of domestic violence at the daily reimbursement rate determined by the Office of Children and Family Services pursuant to section 131-u of the Social Services Law reduced by the sum of any other reimbursement available for such costs.

(b)Application process to determine financial eligibility for public assistance and care.

(1) Victims of domestic violence may be eligible for public assistance and care under one of the following programs:

(i) emergency assistance to needy families with children, pursuant to Part 372 of this Title;

(ii) family assistance, pursuant to Part 369 of this Title;

(iii) safety net assistance, pursuant to Part 370 of this Title; or

(iv) any other form of public assistance and care pursuant to sections 131 and 131-a of the Social Services Law.

(2) In order to receive reimbursement for the provision of temporary shelter, emergency services and care provided to a victim of domestic violence and any minor child of such victim, a residential program must ensure that:

(i) the victim is eligible for admission to a residential program for victims of domestic violence pursuant to section 408.4 of this Part; and

(ii) to the extent such victim remains in the residential program, and the victim chooses to complete the application process for public assistance and care pursuant to Parts 350 and 351 of this Title, if eligible for public assistance and care, the victim must comply with any statutory or regulatory requirements relating to the receipt of such public assistance and care.

(3) The social services district in which the victim of domestic violence was residing at the time of the domestic violence incident is responsible for determining the victim's eligibility for public assistance and care, if such victim chooses to apply for public assistance and care, pursuant to Parts 351, 352, and 369 or 370 or 372 of this Title. Such social services district cannot require the public assistance applicant or recipient to apply any earned or unearned income toward the unmet shelter cost after the public assistance benefit is applied toward the cost of housing. To the extent that funds are appropriated and a social services district has exhausted its allocation under title XX of the Federal Social Security Act that is required to be spent on adult protective or domestic violence services, such payments made by a social services district will be subject to the applicable State reimbursement.

(4) Persons who are receiving public assistance and care at the time of entry into a residential program for victims of domestic violence must notify the social services district providing such assistance of the change in their circumstances. Upon receiving written, informed and time-limited consent of a victim of domestic violence who was receiving public assistance and care at the time of entry into the residential program for victims of domestic violence, or chooses to apply for public assistance and care during the time of residing in such program and is found eligible for public assistance and care, a social services district must apply the shelter allowance portion of the victim of domestic violence's public assistance benefit, up to the daily reimbursement rate determined by the Office of Children and Family Services pursuant to section 131-u of the Social Services Law reduced by the sum of any other reimbursement available for such costs, to reimburse a residential program for victims of domestic violence for the costs of emergency shelter and services.

(c)Reimbursement for services provided to victims of domestic violence who are ineligible or who do not apply for public assistance and care.

(1) Where a social services district determines that a victim of domestic violence is ineligible for public assistance and care, or has chosen not to apply for public assistance and care, a social services district financially responsible for a victim of domestic violence shall reimburse a residential program for victims of domestic violence for the costs of emergency shelter and services provided to such victim at the daily reimbursement rate established by the Office of Children and Family Services reduced by any other reimbursement available for such costs. To the extent funds are appropriated and a social services district has exhausted its allocation under title XX of the Federal Social Security Act that is required to be spent on adult protective or domestic violence services, such expenditures made by a social services district will be subject to applicable State reimbursement.

(2) A social services district may choose to seek reimbursement of expenditures for residential domestic violence services through its allocation under title XX of the Federal Social Security Act, or any other funding source, so long as reimbursement is in accordance with the applicable funding source requirements.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 408.5

Amended New York State Register October 2, 2019/Volume XLI, Issue 40, eff. 10/2/2019