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1
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OPINION
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EXTRACTED KEY WORDS
FOSTER CARE SOCIAL SERVICES ROBERTS RESPONDENTS DETERMINATION APPELLANTS TEMPORARY ABSENCE SOCIAL SERVICES LAW FAMILY COURT PERALES PETITIONERS REGULATIONS CONTINUATION PAYMENTS STATUTES HOUSEHOLD CHILD COMMISSIONER PUBLICATION FACTUAL DETERMINATION REDUCTION AD2D USC FAMILIES AUTHORITY PURPOSES DISPOSITIONAL HEARING ENTITLEMENT NYCRR |
IN THE MATTER OF PEARLIE ROBERTS, ET AL., APPELLANTS, v. CESAR PERALES, AS
COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES, ET AL.,
RESPONDENTS.
79 N.Y.2d 686, 595 N.E.2d 850, 584 N.Y.S.2d 775 (1992).
June 11, 1992
1 No. 116
Decided June 11, 1992
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Gloria Ramakus, for Appellants.
Pamela Seider Dolgow, for Respondent Grinker.
Robert J. Schack, for Respondent Perales.
BELLACOSA, J.:
The respondents, State and City Commissioners of Social Services,
discontinued paying Aid to Families with Dependent Children (AFDC)
benefits to petitioner-appellant Roberts for six children who had been
removed from her home and placed in foster care. The issue is whether
the Commissioners, after paying AFDC benefits and foster care
maintenance payments for the same children for 11 months, had the
authority to make the factual determination in this case that the
children's absence from the Roberts' home for 11 months ceased to be a
"temporary absence" for purposes of discontinuing AFDC shelter and
utilities benefits with respect to the children at that point in time.
We hold that the then-applicable statutes and regulations did not
prohibit administrative reduction of these benefits and that the
determi- nations are supported by substantial evidence.
Petitioners Roberts, her two minor children and four minor
grandchildren resided in a Bronx apartment. They received AFDC,
Medicaid and Food Stamps benefits for a family of seven. In June 1987,
the children were removed to foster care after the City Social
Services Department filed an abuse and neglect petition against
Roberts as to all six children. Following a fact-finding hearing 10
months later in April 1988, Family Court made a finding of abuse as to
three children and neglect as to all six. The children were continued
in foster care pending final disposition.
Roberts received public assistance benefits for a family of seven
people throughout this period until May 6, 1988 -- some 11 months
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