New York Laws
Title 1 - General Provisions
131 - Assistance, Care and Services to Be Given.

(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.

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