New York State Department of Family Assistance

Last updated
Department of Family Assistance
Flag of New York.svg
Department overview
Jurisdiction New York
Key documents

The New York State Department of Family Assistance (DFA), also known as the Department of Family Services, is a department of the New York state government. [1] Its regulations are compiled in title 18 of the New York Codes, Rules and Regulations .

Contents

It is composed of two autonomous offices: [2] [3]

Welfare Management System

The New York (state) Welfare Management System receives, maintains and processes information relating to persons who apply for benefits, or who are determined to be eligible for benefits under any program administered by the department.

Fair hearings

Administrative reviews ("Fair Hearings") of decisions by a local social services agency are handled by the OTDA Office of Administrative Hearings. [4]

A Rivera request, also known as an evidence packet request, is the document (labeled W-186A) used for requesting evidence relating to a NYC Human Resources Administration fair hearing pursuant to the stipulation and settlement in Rivera v. Bane .

History

In 1867 a Board of State Commissioners of Public Charities was created to visit and examine into the affairs of all charitable institutions. [5] [6] In 1875 the Children's Law removed children from poorhouses. [7] [8] In 1894 a constitutional convention enacted a provision requiring the Legislature to establish a State Board of Charities to visit and inspect all institutions. [9] [10] [6] In 1909 the Poor Law was consolidated in chapter 42, and the State Charities Law in chapter 55, of the Consolidated Laws of New York. [11] [12] The Public Welfare Law superseded the Poor Law in 1929. [13] [14] In 1931 they were renamed as the Department of Social Welfare and the State Board of Social Welfare. [15] [6] In 1940 the State Charities Law and the Public Welfare Law were consolidated and clarified in one Social Welfare Law. [16] [17] [6] [18] In 1967 it was renamed as the Department of Social Services. [19]

On August 20, 1997, Governor Pataki signed the Welfare Reform Act of 1997 that, in relevant part, renamed it as the Department of Family Assistance, and also divided the department into Office of Temporary and Disability Assistance (OTDA) and the State Office of Children and Family Services (OCFS). [3] [20] [21] [22] [23] [24] [25] These two offices assumed many of DSS' functions. Other functions of the former DSS were transferred to the Department of Labor and the Department of Health. In addition, as part of the reorganization of State government, OCFS assumed all of the functions of the Division for Youth (DFY). [26]

See also

Related Research Articles

<span class="mw-page-title-main">Social services</span> Range of public services

Social services are a range of public services intended to provide support and assistance towards particular groups, which commonly include the disadvantaged. They may be provided by individuals, private and independent organizations, or administered by a government agency. Social services are connected with the concept of welfare and the welfare state, as countries with large welfare programs often provide a wide range of social services. Social services are employed to address the wide range of needs of a society. Prior to industrialisation, the provision of social services was largely confined to private organisations and charities, with the extent of its coverage also limited. Social services are now generally regarded globally as a 'necessary function' of society and a mechanism through which governments may address societal issues.

<span class="mw-page-title-main">New York Supreme Court, Appellate Division</span> Intermediate appellate courts in the state of New York

The Appellate Division of the Supreme Court of the State of New York is the intermediate appellate court in New York State. The state is geographically divided into four judicial departments of the Appellate Division. The full title of each is, using the "Fourth Department" as an example, the "Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department".

<span class="mw-page-title-main">Welfare</span> Means-oriented social benefit

Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifically to social insurance programs which provide support only to those who have previously contributed, as opposed to social assistance programs which provide support on the basis of need alone. The International Labour Organization defines social security as covering support for those in old age, support for the maintenance of children, medical treatment, parental and sick leave, unemployment and disability benefits, and support for sufferers of occupational injury.

The New York State Tenement House Act of 1901 banned the construction of dark, poorly ventilated tenement buildings in the U.S. state of New York. Among other sanctions, the law required that new buildings must be built with outward-facing windows in every room, an open courtyard, proper ventilation systems, indoor toilets, and fire safeguards. One of the reforms of the Progressive Era, it was one of the first laws of its kind in the U.S.

<span class="mw-page-title-main">New York City Criminal Court</span> Court in New York, United States

The Criminal Court of the City of New York is a court of the State Unified Court System in New York City that handles misdemeanors and lesser offenses, and also conducts arraignments and preliminary hearings in felony cases.

<span class="mw-page-title-main">New York City Civil Court</span>

The Civil Court of the City of New York is a civil court of the New York State Unified Court System in New York City that decides lawsuits involving claims for damages up to $25,000 and includes a small claims part for cases involving amounts up to $10,000 as well as a housing part for landlord-tenant matters, and also handles other civil matters referred by the New York Supreme Court. The court has divisions by county (borough), but it is a single citywide court.

The New York State Housing Finance Agency (HFA) is a New York State public-benefit corporation created in 1960 to build and preserve affordable multifamily rental housing throughout New York State. HFA sells bonds and uses the proceeds to make mortgages to affordable housing developers.

The State of New York Mortgage Agency is a New York State public-benefit corporation created in 1970 by the state government of New York to provide affordable homeownership to low- and moderate-income New Yorkers. It offers affordably priced fixed-rate mortgages through several mortgage programs for eligible homebuyers. Each program offers competitive interest rates, low down payments, down payment assistance and no prepayment penalties. SONYMA offers its programs through a network of participating lenders throughout New York state who contract with the agency to offer SONYMA's programs to their customers. The mortgage loans are purchased from the lenders by SONYMA, which funds the purchases by issuing tax-exempt bonds. In 2017, it had operating expenses of $62.57 million, an outstanding debt of $2.533 billion, and a staff level of 275 people.

The New York State Department of Labor is the department of the New York state government that enforces labor law and administers unemployment benefits.

<span class="mw-page-title-main">Social programs in the United States</span> Overview of social programs in the United States of America

The United States spends approximately $2.3 trillion on federal and state social programs include cash assistance, health insurance, food assistance, housing subsidies, energy and utilities subsidies, and education and childcare assistance. Similar benefits are sometimes provided by the private sector either through policy mandates or on a voluntary basis. Employer-sponsored health insurance is an example of this.

The New York State Office of Children and Family Services (OCFS) is an agency of the New York state government within the Department of Family Assistance. The office has its headquarters in the Capital View Office Park in Rensselaer.

The Judicial Conference of the State of New York is an institution of the New York State Unified Court System responsible for surveying current practice in the administration of the state's courts, compiling statistics, and suggesting legislation and regulations. Its members include the Chief Judge of the New York Court of Appeals and judges from the New York Supreme Court, Appellate Division.

Section 21 of the New York State Social Services Law requires the New York State Department of Social Services to design and implement a Welfare Management System (WMS) capable of receiving, maintaining and processing information relating to persons who apply for benefits, or who are determined to be eligible for benefits under any program administered by the Department." Among its purposes are "promoting efficiency in local district determinations of eligibility for public assistance and care", "to expedite such determinations", and "to reduce unauthorized or excessive payments".

The Human Resources Administration or Department of Social Services (HRA/DSS) is the department of the government of New York City in charge of the majority of the city's social services programs. HRA helps New Yorkers in need through a variety of services that promote employment and personal responsibility while providing temporary assistance and work supports. Its regulations are compiled in title 68 of the New York City Rules. The current Commissioner of HRA is Molly Wasow Park, who was appointed to the position by Mayor Eric Adams. HRA is the largest city social services agency in the United States. It has a budget of $9.7 billion, employs over 14,000 people, and serves over 3 million New Yorkers.

<span class="mw-page-title-main">New York State Department of Mental Hygiene</span> Department of the New York state government

The Department of Mental Hygiene (DMH) is an agency of the New York state government composed of three autonomous offices:

<span class="mw-page-title-main">Wisconsin Department of Health Services</span> Wisconsin State Agency for health services.

The Wisconsin Department of Health Services (WisDHS) is a governmental agency of the U.S. state of Wisconsin responsible for maintaining public health. It administers a wide range of services in the state and at state institutions, regulates hospitals and care providers, and supervises and consults with local public health agencies. Its responsibilities include public health; mental health and substance abuse; long-term support and care; services to people with disabilities, medical assistance, and children’s services; aging programs; physical and developmental disability services; blindness disability programs; operation of care and treatment facilities; quality assurance programs; nutrition supplementation programs; medical assistance; and health care for low-income families, elderly, and the disabled.

<span class="mw-page-title-main">Wisconsin Department of Children and Families</span> Wisconsin state government agency responsible for state services for children and families.

The Wisconsin Department of Children and Families (DCF) is an agency of the Wisconsin state government responsible for providing services to assist children and families and to oversee county offices handling those services. This includes child protective services, adoption and foster care services, and juvenile justice services. It also manages the licensing and regulation of facilities involved in the foster care and day care systems, performs background investigations of child care providers, and investigates incidents of potential child abuse or neglect. It administers the Wisconsin Works (W-2) program, the child care subsidy program, child support enforcement and paternity establishment services, and programs related to the federal Temporary Assistance to Needy Families (TANF) income support program.

<i>Civil Practice Law and Rules</i> Chapter of the Consolidated Laws of New York

The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability. The CPLR has approximately 700 individual sections and rules which are divided into 70 articles. A committee of the New York State Bar Association, the Committee on Civil Practice Law and Rules, monitors the law and periodically proposes amendments.

The Family Court of the State of New York is a specialized court of the New York State Unified Court System located in each county of the state. The New York City Family Court is the name given to the state Family Court within New York City.

The New York State Division of Housing and Community Renewal (DHCR) is an agency of the New York state government responsible for administering housing and community development programs to promote affordable housing, community revitalization, and economic growth. Its primary functions include supervising rent regulations through the State Office of Rent Administration (ORA), administering affordable housing programs, providing financial assistance for housing development and rehabilitation, supporting community development initiatives, ensuring compliance with fair housing laws, and managing the Weatherization Assistance Program.

References

  1. Social Services Law § 5; "The state department of social welfare, provided for in the constitution, is hereby continued." Social Services Law § 2(1); "Department means the state department of social services[...]" Chap. 436 of the Laws of 1997, § 122; "[...] the department of social services [...] is hereby renamed the department of family assistance. [...]"
  2. Executive Law § 500. "There is hereby continued in the department of family assistance an autonomous office of children and family services. [...]"
  3. 1 2 "The Welfare Reform Act of 1997". Laws of the State of New York Passed at the Sessions of the Legislature . 220th sess.: III: 2806–2961. 1997. hdl:2027/nyp.33433017532999. ISSN   0892-287X. Chapter 436, enacted 20 August 1997, effective immediately with provisos. § 122(a) at p. 2922: "Notwithstanding any inconsistent provision of law to the contrary, effective April 1, 1997, the department of social services, as established by chapter 55 of the consolidated laws of the state of New York, is hereby renamed the department of family assistance. Within the department there shall be the following autonomous offices: (1) the office of children and family services; and (2) the office of temporary and disability assistance. (b) The head of the office of children and family services shall be the commissioner of children and family services and the head of the office of temporary and disability assistance shall be the commissioner of temporary and disability assistance."
  4. "Fair Hearings". New York State Office of Temporary and Disability Assistance . Retrieved 7 September 2015.
  5. "An act to provide for the appointment of a Board of Commissioners of Public Charities, and defining their duties and powers". Laws of New York . Vol.  90th sess.: II. 1867. pp. 2396–2399. hdl:2027/nyp.33433107682068. ISSN   0892-287X. Chapter 951, enacted 23 May 1867, effective immediately.
  6. 1 2 3 4 Matter of Bonez, 50 Misc. 2d 1080, 272 N.Y.S.2d 587 (N.Y. Misc. 1966)
  7. "Children's Law". Laws of New York . Vol.  98th sess. 1875. p. 150. hdl:2027/nyp.33433107682217. ISSN   0892-287X. Chapter 173, enacted 24 April 1875.
  8. Andress, Richard (2005). "Children and Family Services, Office of". In Eisenstadt, Peter; Moss, Laura-Eve (eds.). The Encyclopedia of New York State. Syracuse University Press. p. 322. ISBN   081560808X. LCCN   2005001032.
  9. NYS Constitution Art. VIII, § 11.
  10. "State Charities Law". Laws of New York . Vol.  119th sess.: I. 1896. pp. 511–559. hdl:2027/nyp.33433090742655. ISSN   0892-287X. Chapter 546, enacted 12 May 1896, effective 1 October 1896.
  11. "Poor Law". Consolidated Laws of New York . Vol. IV. 1909. pp. 2861–2912. Chapter 46 of the Laws of New York, enacted 17 February 1909, effective immediately.
  12. "State Charities Law". Consolidated Laws of New York . Vol. V. 1909. pp. 3681–3796. Chapter 57 of the Laws of New York, enacted 17 February 1909, effective immediately.
  13. "An act in relation to the public welfare, constituting chapter forty-two of the consolidated laws". Laws of New York . Vol.  152nd sess.: I-II. 1929. pp. 1149–1572. hdl:2027/uc1.b4378097. ISSN   0892-287X. Chapter 565, enacted 12 April 1929, effective immediately and 1 January 1930.
  14. Counsel to the Governor (12 April 1929), NYS Bill and Veto Jackets: 1929, Chapter 565, New York State Library
  15. "An act to amend the state charities law, in relation to the designation of the department of charities and state board of charities,that such designations may be descriptive of their functions". Laws of New York . Vol.  152nd sess.: I-II. 1929. pp. 1571–1572. hdl:2027/uc1.b4378097. ISSN   0892-287X. Chapter 654, enacted 15 April 1929, effective immediately.
  16. "Social Welfare Law". Laws of New York . Vol.  163rd sess. 1940. pp. 1640–1768. hdl:2027/nyp.33433108121298. ISSN   0892-287X. Chapter 619, enacted 18 April 1940, effective 1 March 1941.
  17. Counsel to the Governor (18 April 1940), NYS Bill and Veto Jackets: 1940, Chapter 619, New York State Library
  18. "LEHMAN SIGNS BILL ON WELFARE UNITY: Consolidation of Old Law and the Charities Act Is a Forward Step, He Asserts". The New York Times. 22 April 1940.
  19. "An act to amend the title and body of the social welfare law, in relation to re-entitling such law as the social services law…". Laws of New York . Vol.  190th sess.: I. 1967. pp. 1936–1938. ISSN   0892-287X. Chapter 728, enacted 2 May 1967, effective 1 July 1967.
  20. Counsel to the Governor (20 August 1997), NYS Bill and Veto Jackets: 1997, Chapter 436, New York State Archives
  21. "Analysis Of The NYS Welfare Reform Act Of 1997". Western New York Law Center. § 122.
  22. Pecorella, Robert F.; Stonecash, Jeffrey M. (2006). Governing New York State (5th ed.). SUNY Press. p. 358. ISBN   0-7914-6692-2.
  23. Eisenstadt, Peter (2005). The Encyclopedia of New York State. p. 544. ISBN   9780815608080.
  24. Benjamin, Gerald (2012). Benjamin, Gerald (ed.). The Oxford Handbook of New York State Government and Politics. p. 396. doi:10.1093/oxfordhb/9780195387230.001.0001. ISBN   978-0-19-538723-0.
  25. 9 CRR-NY 165-1.2.
  26. "New York State Ethics Commission Advisory Opinion No. 98-06". New York State Ethics Commission. Archived from the original on 2010-04-27.