131 - Assistance, Care and Services to Be Given.

NY Soc Serv L § 131 (2019) (N/A)
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(b) For purposes of this section, if and to the extent permitted by federal law, a person shall be considered to be violating a condition of probation or parole only if:

(i) he or she is currently an absconder from probation or parole supervision and a warrant alleging such a violation is outstanding; or

(ii) he or she has been found by judicial determination to have violated probation or by administrative adjudication by the department of corrections and community supervision to have violated parole. Such person shall be considered to be violating a condition of probation or parole only until he or she is restored to probation or parole supervision or released from custody, or until the expiration of the person's maximum period of imprisonment or supervision, whichever occurs first.

(c) A person considered to be violating a condition of probation or parole under this section shall include a person who is violating a condition of probation or parole imposed under federal law.

(d) For purposes of this section, probation or parole shall include conditional release, wherever applicable. 15. Notwithstanding any provision of this chapter or other law to the contrary, no public assistance shall be given to or for any minor child who has been or is expected to be absent from the home of his or her parent or other caretaker relative for a consecutive period of forty-five days or more without good cause as set forth in regulations of the department, nor shall any assistance be given to any parent or other caretaker relative who fails to notify the social services district of the absence of the minor child within five days after it becomes clear to the parent (or relative) that the child will be absent for a consecutive period of forty-five days or more. Good cause shall include absence for placement in foster care if the goal set forth in the child service plan under section four hundred nine-e of this chapter is the return of the child to a member of the household, or attendance at school or hospitalization, if it is in the best interests of the child to return home and return is expected within a reasonable time. 16. If, in accordance with section one hundred fifty-eight, three hundred forty-nine-b or other provisions of this chapter, the social services official determines that an individual is not cooperating in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child of the individual, and the individual does not have good cause for such failure or is not otherwise excepted from so cooperating in accordance with regulations of the department, the assistance given to the household shall be reduced by twenty-five percent. 18. Notwithstanding any provision of this chapter or other law to the contrary, no public assistance shall be given to any parent under the age of eighteen, who is not married and has a minor child twelve weeks of age or more in his or her care and who has not successfully completed a high school education or its equivalent if such individual does not participate in educational activities directed toward the attainment of a high school diploma or its equivalent or an alternative educational or training program directly related to employment and approved by the social services district. No person shall be denied assistance under this subdivision during any period of time in which enrollment in required educational activities is not available. Nothing herein shall prohibit a social services district from requiring any person to work toward attaining a secondary school diploma or its equivalent unless such person has been determined by a medical, psychiatric or other appropriate professional to lack the requisite capacity to complete successfully such a course of study. 19. When a recipient claims that his or her system access device has been lost, stolen, or destroyed, or that the security features of the card have been compromised, the local social services district, subject to reasonable terms and conditions set forth in department regulations and policies, shall provide the recipient with a replacement card within forty-eight hours exclusive of weekends and holidays. 20. In accordance with the provisions of this subdivision and the regulations of the office of temporary and disability assistance, social services districts shall make all applicants for and recipients of public assistance aware of their option to receive an information packet appropriate for victims of sexual assault. Such information packet shall be made available to all individuals who demonstrate a need for or who are interested in receiving services appropriate for victims of sexual assault, and shall include referral and contact information for all local programs that provide services to victims of sexual assault including, but not limited to:

(a) sexual assault examiner programs, including a list of any local hospitals offering sexual assault forensic examiner services certified by the department of health;

(b) rape crisis centers; and

(c) other advocacy, counseling, and hotline services appropriate for victims of sexual assault.