N.Y. Comp. Codes R. & Regs. tit. 18 § 436.1

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

Section 436.1 - Definitions

For the purpose of this Part, the following definitions apply:

(a)Applicable board rate means an amount equal to the monthly payment that has been made by a social services official, in accordance with section 398-a of the Social Services Law and other provisions of the Social Services Law, for the care and maintenance of the child, while such child was boarded out in the certified or approved foster family boarding home with the prospective relative guardian. Such rate shall reflect annual changes in room and board rates and clothing replacement allowances

(b)Child means a person under 21 years of age whose custody, care and custody, or custody and guardianship have been committed to a social services official prior to such person's 18th birthday pursuant to section 358-a, 384, 384-a or 384-b of the Social Services Law or article 3, 7, 10 or 10-C of the Family Court Act.

(c)Office means the New York State Office of Children and Family Services.

(d) Prospective relative guardian means a person who has been caring for the child as a fully certified or approved foster parent for at least six consecutive months prior to applying for kinship guardianship assistance payments, and who:

(1) is related to the child through blood, marriage or adoption; or

(2) is related to a half-sibling of the child through blood, marriage or adoption, and where such person or persons is or are also the prospective or appointed relative guardian or guardians of such half-sibling; or

(3) is an adult with a positive relationship with the child, including, but not limited to, a step-parent, godparent, neighbor or family friend.

(e)Relative guardian means a person or persons who was appointed as a guardian or permanent guardian for a child after entering into an agreement with a social services official for the receipt of payments and services in accordance with this Part.

(f)Social services official means a county commissioner of social services, a city commissioner of social services, or an Indian tribe with which the office has entered into an agreement to provide foster care services in accordance with subdivision 2 of section 39 of the Social Services Law.

(g)State income standard means the most recent Federal income official poverty line (as defined and annually revised by the Federal Office of Management and Budget) updated by the office for a family size of four and adjusted by the office for family size.

(h)Applicable State income standard means 275 percent of the State income standard.

(i)Successor guardian means a person or persons who is approved by a social services official to receive payments pursuant to this Part, who has been named in the agreement in effect between the relative guardian and social services official for kinship guardianship assistance payments, who shall provide care and guardianship for a child in the event of death or incapacity of the relative guardian, and who has assumed care for and is the guardian or permanent guardian of such child, provided that such person was appointed guardian or permanent guardian of such child by the court following, or due to, the death or incapacity of the relative guardian. Once approved in accordance with this Part, a successor guardian shall be deemed to have the same rights and responsibilities as a relative guardian in relation to any provisions of this Part and any agreement entered into under this Part.

(j)Prospective successor guardian means a person or persons whom a prospective relative guardian or a relative guardian seeks to name or names in the original kinship guardianship assistance agreement, or any amendment thereto, as set forth in this Part, as the person or persons to provide care and guardianship for a child in the event of the death or incapacity of a relative guardian, who has not been approved in accordance with this Part.

(k)Incapacity means a substantial inability to care for a child as a result of:

(1) a physically debilitating illness, disease or injury; or

(2) a mental impairment that results in a substantial inability to understand the nature and consequences of decisions concerning the care of a child.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 436.1

Amended New York State Register June 17, 2015/Volume XXXVII, Issue 24, eff. 6/17/2015

Amended New York State Register May 11, 2016/Volume XXXVIII, Issue 19, eff. 5/11/2016

Amended New York State Register June 20, 2018/Volume XL, Issue 25, eff. 6/20/2018