N.Y. Comp. Codes R. & Regs. tit. 18 § 436.7

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

Section 436.7 - Payments for non-recurring guardianship expenses

(a) A social services official must make payments for non-recurring guardianship expenses incurred by or on behalf of the relative guardian or guardians or the successor guardian or guardians who have been approved by the social services official to receive kinship guardians hip assistance payments, when such expenses are incurred in connection with assuming the guardianship of a foster child. The agreement for payment of non- recurring guardianship expenses must be reflected in the written agreement set forth in section 436.4 of this Part. In accordance with subdivision (b) of this section, the payments must be made by the social services official either to the relative guardian or guardians or the successor guardian or guardians directly or to an attorney on behalf of the relative guardian or guardians or the successor guardian or guardians for the allowable amount of non-recurring guardianship expenses incurred in connection with obtaining such guardianship.

(b) The amount of the payments made pursuant to this section may not exceed $2,000 for each foster child for whom the [relatives] relative guardian or guardians or the successor guardian or guardians seek guardian- ship or permanent guardianship and may be available only for those expenses that are determined to be eligible for reimbursement by the social services official in accordance with this section.

(c) Payments for non-recurring guardianship expenses made by a social services official pursuant to this section must be treated as administrative expenditures under title IV-E of the Federal Social Security Act.

(d) As used in this section, non-recurring guardianship expenses mean reasonable and necessary fees, court costs, attorney fees, and other expenses which are directly related to obtaining legal guardianship of an eligible child and which are not incurred in violation of Federal law or the laws of this State or any other state.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 436.7

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017