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New York State Department of Family Assistance

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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.

Department of Family Assistance
Department overview
JurisdictionNew York
Key documents

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

Welfare Management System

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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

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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

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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42, and the State Charities Law in chapter 55, of the Consolidated Laws of New York.[11][12] The Public Welfare Law superseded the Poor Law in 1929.[13][14] In 1931 they were renamed as the Department of Social Welfare and the State Board of Social Welfare.[15][6] In 1940 the State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

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References

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  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. ^ a b "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. ^ a b c d 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.
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