N.Y. Comp. Codes R. & Regs. tit. 18 § 436.4

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

Section 436.4 - Kinship guardianship assistance and non-recurring guardianship expenses agreement

(a) Payments for kinship guardianship assistance and non-recurring guardianship expenses must be made pursuant to a written agreement between the social services official and the prospective relative guardian.

(b) The written agreement must specify, at a minimum:

(1) the amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement;

(2) the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child;

(3) the availability of independent living services in accordance with section 436.9 of this Part;

(4) the additional services and assistance that the child and the relative guardian will be eligible for under this agreement, which are limited to the additional services and assistance set forth in title 10 of article 6 of this Social Services Law and this Part and the procedures by which the relative guardian may apply for additional services, as needed;

(5) the requirement by the relative guardians to notify the social services official of any changes in circumstances that would impact continued eligibility for kinship guardianship assistance;

(6) the medical coverage available to a child in a kinship guardianship assistance arrangement;

(7) that the social services official will pay the total cost of non-recurring expenses associated with obtaining legal guardianship of the child, to the extent the total cost does not exceed $2,000 in accordance with section 458-c of the Social Services Law and section 436.7 of this Part; and

(8) that the agreement will remain in effect regardless of the state of residence of the relative guardian at any time.

(c) The agreement must be fully executed prior to the issuance of letters of guardianship of the child to the relative guardian in order for the child to be eligible for payments and services under this Part.

(d) The execution of the kinship guardianship assistance agreement, in and of itself, does not qualify a prospective relative guardian to receive kinship guardianship assistance payments.

(e) The granting of letters of guardianship by the court is a process that is separate and distinct from the application for kinship guardianship assistance payments and the execution of the kinship guardianship assistance agreement. The determination of whether to grant a petition by a prospective relative guardian for letters of guardianship is solely within the discretion and authority of the court.

(f) The original kinship guardianship assistance agreement and any amendments thereto executed in accordance with this section may name an appropriate person to act as a successor guardian for the purpose of providing care and guardianship for a child in the event of death or incapacity of the relative guardian. Relative guardians are not required to name a prospective successor guardian as a condition for the approval of a kinship guardianship assistance agreement.

(g) A fully executed agreement between a relative guardian and a social services official may be amended to add or modify terms and conditions mutually agreeable to the relative guardian and the social services official, including the naming of an appropriate person to provide care and guardianship for a child in the event of death or incapacity of the relative guardian.

(h) The social services official must inform the relative guardian of the right to name an appropriate person to act as a successor guardian in the original kinship guardianship assistance agreement or through an amendment to such agreement.

(i) A fully executed agreement between a relative guardian or a successor guardian and a social services official may be terminated if:

(1) a social services official has determined that a relative guardian or a successor guardian is no longer legally responsible for the support of the child; or

(2) following the death or permanent incapacity of a relative guardian, all prospective successor guardians named in such agreement were not approved by the social services district pursuant to this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 436.4

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