2021 New York Laws
SOS - Social Services
Article 6 - Children
Title 10 - Kinship Guardianship Assistance Program
458-C - Payments for Non-Recurring Guardianship Expenses.

Universal Citation: NY Soc Serv L § 458-C (2021)

§ 458-c. Payments for non-recurring guardianship expenses. 1. A social services official shall make payments for non-recurring guardianship expenses incurred by or on behalf of the relatives or successor guardians who have been approved by the social services official to receive kinship guardianship assistance payments, when such expenses are incurred in connection with assuming the guardianship of a foster child or a former foster child in regard to successor guardians. The agreement for the payment of non-recurring guardianship expenses must be reflected in the written agreement set forth in subdivision four of section four hundred fifty-eight-b of this title. In accordance with subdivision two of this section, the payments shall be made by the social services official either to the relative or successor guardian or guardians directly or to an attorney on behalf of the relative or successor guardian or guardians, as applicable, for the allowable amount of non-recurring guardianship expenses incurred in connection with obtaining such guardianship.

2. The amount of the payment made pursuant to this section shall not exceed two thousand dollars for each foster child for whom the relatives, or each former foster child for whom the successor guardians, seek guardianship or permanent guardianship and shall be available only for those expenses that are determined to be eligible for reimbursement by the social services official in accordance with the regulations of the office of children and family services.

3. Payments for non-recurring guardianship expenses made by a social services official pursuant to this section shall be treated as administrative expenditures under title IV-E of the federal social security act and shall be reimbursed by the state accordingly.

4. As used in this section, non-recurring guardianship expenses shall 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.


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