THE DANDELION CONNECTION
Ellicott Square Building., 295 Main Street Room 495, Buffalo, New York 14203
Volume 5 Issue 6
(716) 847-0655 ext. 226 November/December 1997
Copyright 1997, Neighborhood Legal Services, Inc.
NEW RULES
REGARDING CHILD CARE
New York State has passed new legislation which will change the way a public assistance grant is determined with regard to child care while employed.
How was child care determined
before the change?
Before the changes, the cost of child care was determined by deducting child care expenses from the client's grant income. This was called a child care disregard. New budgeting procedures require that the Department of Social Services no longer deduct child care expenses from an individual's income. Rather, in Erie County, the Department of Social Services will pay child care directly to the client to cover child care costs up to the market rate. This will be done in a separate check apart from the client's grant. Note: The market rate for child care may change.
How will these changes affect
the amount of my grant?
The disregard and deduction will no longer be in an individual's budget. Clients who are working and currently receiving the disregard will notice a change in the amount of their grant, or their cases may even be closed. Your case will only be closed if you needed the child care disregard in order to make you income eligible for assistance. However, if your case is closed, transitional services such as transitional child care, transitional Medicaid and NPA (non-public assistance) food stamps may still be available. Written notice must be sent to all clients individually regarding any changes in their grant amount or if their case is going to be closed due to increased earnings.
What happens if my case remains open?
If your case remains open, and you are still eligible for cash assistance, a separate payment will be made to you to pay for child care expenses. You are then responsible for paying the child care provider.
I need child care. Where do I begin?
In order to receive child care, you are required to submit documentation verifying who your provider is and how much the provider charges. This information is to be submitted to your caseworker.
Are family and friends allowed to babysit
under the new rules?
Yes. If you use an informal (i.e. unregulated) provider, the provider must complete an "enrollment form" in order to be reimbursed for child care expenses.
What if I want DSS to pay the
child care provider directly?
Presently, the Department of Social Services is examining options on how to administer many of the new changes, one of which includes the right to make payments directly to the day care provider. Project Dandelion will keep readers informed.
THE
NEW YORK STATE
WELFARE REFORM ACT OF 1997
HAS BEEN FINALIZED.
On August 4, 1997 the New York State legislature passed the Welfare reform Act of 1997. Below is a basic overview of some of the changes which have now been finalized.
FAMILY ASSISTANCE (FA)
Family Assistance has replaced what was
previously known as AFDC. Households with a child under 18 (or 19 and regularly attending
school) living with a parent or other related adult are eligible for Family Assistance. But
families in which a household member is determined to be a substance abuser cannot
receive FA. These families must go into the Safety Net program
.
SAFETY NET ASSISTANCE (SNA)
What used to be known as Home Relief (HR) has been replaced by the Safety Net Assistance program. The SNA program will consist of a cash and a non-cash program. This assistance is available to childless households, certain immigrant households, minors who do not live with an adult relative, disabled individuals and Family Assistance (FA) families who reach the five-year limit.
ALCOHOL/SUBSTANCE ABUSE:
All applicants for and recipients of public assistance will be "screened" for alcohol and/or substance abuse. Persons who refuse to participate in screening or assessment done by the Department of Social Services will not be eligible for public assistance and Medicaid.
FOOD STAMPS:
In order to obtain food stamps, individuals must cooperate in establishing paternity and obtaining child support, unless there is good cause.
As there are far too many changes to list at this time, we will attempt, over the next several editions, to further explain changes which may affect our readers and the clients they serve.
Buying Smart
BEFORE YOU BUY
AFTER YOU BUY
First contact the seller if you have a complaint. If that does not resolve your problem, contact the company headquarters. If you have further problems, contact the Better Business Bureau or other consumer protection office.
. Keep all sales receipts, warranties, service contracts and instructions.
PREVENTING CREDIT CARD FRAUD
&emdash the U.S. Office of Consumer Affairs
Don't Give in to Temptation
When adjusting to your new work environment, you will find many co-workers going out to lunch instead of bringing meals from home. Although this type of eating may be fun socially, it can also be very expensive. Do you know that you can spend up to $25 a week by purchasing $5 lunches on a daily basis? You could spend up to $100.00 per month on just lunch! Do you also know that the majority of restaurant menus consist of dishes that can be made at home? Dinning out may make you popular today, but broke tomorrow.
Become your own chef by preparing lunches at home and bringing them to work. This can be done by either making the meal fresh or by bringing in leftovers. Many people prefer leftovers because items such as soups, casseroles, and spaghetti (and even collard greens!!), taste better the second day. If you desire fancier dishes, check out the frozen food section of your local supermarket. You can find microwavable dishes which are still less expensive than the restaurant menus.
Overall, don't be tempted by your colleagues to spend more than what you and your family can afford. Find eating satisfactions through your own creativity and leave the exorbitant dining to the executives. &emdash Faye Goggins
SECOND TIME AROUND: Part II
When Guardianship or Custody May be Necessary
In our last issue we discussed the Power of Attorney as one of the ways grandparents and other relative caregivers can have legal authority to act in place of a child's parents. However, there are times when a Power of Attorney will not be accepted as proof that a grandparent or other caretaker has the right to handle the child's affairs. For instance, the United States Military and many life insurance companies may require proof of custody or guardianship when it comes to issuing certain types of benefits.
Does guardianship entitle me (grandparent/caretaker relative) to more legal rights than custody?
Not usually. If you have a court order for custody of your grandchild, or other minor relative, you are considered to be their "legal guardian."
So what's the difference between custody and guardianship?
In Erie County, custody is ordered by a Family Court Judge after a hearing is held. Many times this requires legal representation. In custody matters, home studies of the parties involved may be ordered by the court and a law guardian may be assigned to protect the interests of the child.
In Erie County, guardianship matters are handled in Surrogate's Court and may be necessary where there are property issues involved. As long as both parents agree to the appointment of the grandparent or other caretaker as guardian and the parents sign the consent, no court hearing will be required. When the proposed guardian is a grandparent or other close relative, the court usually does not require a home study. However, the court always checks with the Statewide Register of Child Abuse and Maltreatment to make sure that there have not been any indicated reports regarding the child or the proposed guardian.
What if I want to Change the Agreement?
Guardianship stays in effect until it is revoked (cancelled) by the Surrogates' Court and is simple as long as the guardian and parents agree. However, if one of the parties refuses to sign consent to the revocation or isn't available to sign the consent, a hearing will be required.
In custody matters, if either party wishes to change the Order of the court, it may be necessary to go back to court to have the Order modified.
Are there any court fees involved?
In Erie County, there is a filing fee of $15 per guardianship petition and separate petitions must be filed for each child involved. There is no filing fee involved in custody matters, but separate petitions must be filed for each child.
If you or anyone you know
has a question regarding a
Power of Attorney, custody or
guardianship matter (in Erie County),
they may contact our office at
847-0650
Do
I Have to
Keep Them Home?
by Dr. Cheryl Nohejl
There must be something about Chicken Pox and birthdays with my family. My whole kindergarten class came to my sixth birthday party. The next day I was covered with chicken pox from head to toe. Most of my friends soon had chicken pox. No one would talk to me until first grade.
On the day of my daughter's birthday party, she showed me one tiny little itchy blister behind her ear. It didn't look like much but I remembered being an outcast. One of her friends was on prednisone for asthma. Another had just finished treatment for cancer. We cancelled the party. The next day she was covered, from head to toe, with chicken pox. She was the most contagious the day before the rash came.
Most of what children catch isn't serious. As long as children go to school, play with friends and go shopping, they will be exposed to viruses and bacteria illnesses. Knowing if a child needs to stay home from school or away from other children isn't easy but a few simple tips can help.
When is a child contagious?
The time depends on the child's illness. Some of the more common causes are:
Colds: For three to four days after symptoms appear and for one day before.
Strep Throat: From one day before the child is sick until 24 hours after starting antibiotics.
Chicken pox: For a few days before until all the blisters are crusted over (5-7 days). Kids are the most contagious the day before the rash comes.
Stomach "flu": Usually while the child has vomiting and diarrhea. A good guide is for 24 hours after vomiting stops.
Conjunctivitis (pink eye): If the infection is bacterial, the child is contagious from the time their eyes look red until 24 hours after starting antibiotics. For viral conjunctivitis, kids are contagious for five to seven days.
Do kids have to stay home if they have a fever?
Not always. A child with a slight temperature who otherwise looks okay and feels like playing, can probably go to daycare or school. If they are lethargic or irritable, it's a good idea to keep them home -- especially if you think they are coming down with something.
What if the child has a cold but no fever?
If there's just a runny nose, he can probably be with other children. The average preschool child can have as many as ten colds a year. If the child feels sick, keeps coughing, or has a large amount of thick nasal secretions, it's probably wise to keep them home.
And what about ear infections?
Most children with ear infections are on antibiotics. They usually are not contagious after 24 hours of antibiotics. Then, it depends on how the child feels. As long as the infection is mild, it's okay for them to be with other children.
How can you tell if it's the flu or "too many sweets"?
It's difficult to tell but the flu and other viral illness usually have some fever with them. With an infection, there generally is repeated vomiting or diarrhea. Children who overeat usually vomit once. The easiest way to tell is after everyone else in the house has the same symptoms.
How do I keep the rest of the house from getting sick?
Sometimes you can't, but lots of good handwashing helps. Teach children to wash their hands after using the bathroom, after coughing or blowing their noses and always before eating. Have children throw away their own tissues after blowing their nose. Wash your hands after changing diapers or helping a child toilet. Always wash your hands before preparing food.
What if you expose another child to an illness?
As soon as you know, tell the child's parent. The child may have special needs. The child's parent can then call their doctor. On the same note, if your child has something that looks contagious but really isn't, the child can say "I know it looks bad but you can't catch it."
By following some simple guides, we can cut the spread of common ailments. Your child's doctor can always help when you don't know what to do.
Poetic Petals
from our Dandelions
&emdash written at a rainy Monday potluck
FASHION
I love fashion,
its so precious to me.
From nail polish to teddy bears and
purses to clothes.
I drive my mother CRAZY
about fashion.
I even drive my cousin crazy.
She calls me a fashion freak.
I say "silk and polyester is my best friend."
That's how much I love fashion.
Delcina - age 10
(Wild about fashion!)
My cousin is a fashion freak.
She likes nice clothes.
She is nice, she is fun.
My cousin loves me and I love my cousin.
We have fun and when she sees me she is happy to see me.
I love my cousin and we love each other.
Asha - age 6
(Wild about fashion-bug relative)
STUCK
Drawing a blank &emdash
sounds from fan not cooling
wishing I was outside where cooler leaves blowing on trees
cool nice spring evening, relaxing
blowing in gentle breeze
floating in the breeze
don't know when I will land
I go up and down
see a lot of area
been here a long time
have seen a lot coming and going
have grown from a seed
have seen the baseball park go from a field to me and my leaves.
Linda - Grown-up and protege of Michael Jackson ("Leave"
me alone)
Garbage
Garbage,
I talk it, I eat it,
I smell it, I want it,
I am it!?
I'm thinking garbage.
Love garbage. Feel garbage
Possess garbage. Live garbage.
Too much garbage. Here is garbage.
Taste garbage. Buy garbage.
Oh no, it's Tuesday!
Time to take out the garbage!
Gabriel - 11-year old
Garbage Man
SO MANY MOODS SO LITTLE TIME
First I was eager, then excited
then reluctant and undelighted
Then
I was prepared and organized, willing at first
Now everything's a mess and I think I'm cursed
Help! Oh Well go on I say
You just can't beat a rainy Monday.
Faye - Grown-up
(Very excitable when it comes to rain)
RAIN
- cleansing (from what?)
- refreshing - new drops. Don't feel used
- comforting - forces you to
"hold up somewhere"
- cooling - body temperature
- hides tears - from life
- excuse to look droopy
- relief (from what?)
- a new start - a kind symbolic washing away
- interrupting plans - good
I want to be outside
I love to be in the rain.
Amona - age 17
(A little reluctant about going away to college, so she hides in the rain)
I NEED A POP
BEFORE I POP
Pop, more pop, Please!
I don't want the meat.
Don't try to sustain me.
No rice and beans,
no complex carbohydrates, no salad,
no greens, no healthy foods please.
I want fizzing and bubbling of a 7-Up high
Oh Pepsi, keep me young
with empty gas in my tum
Please no political debates
Please no introspective truths
I've progressed in my regression
and I like the simplicity of youth,
so don't give me 3 or 4 forks
or annoying chopsticks
I want a cool pop
to make my escape quick.
Ameena - Grown-up
(Obviously thought Dandelion was having a Pop-luck)
Potlucks &emdash 1:00 p.m.
Tuesday, Nov. 18 - The Price is Right !
Stretching your holiday dollars to meet your budget
Tuesday, Dec. 16 - Coping with Holiday
Stress
Don't let the holiday hassle hold you hostage!
Dandelion meetings are held on Tuesdays at
Neighborhood Legal Services, Inc.
Ellicott Square Bldg. · 295 Main Street, Rm 495
Buffalo, NY 14203 (Web Site: http:\www.nls.org)
Tuesday Meetings &emdash 1:00 p.m.
Tuesday, Dec. 2 &emdash Child Care
Get the facts regarding training, college, workfare and employment
Tuesday, Dec. 9 &emdash PA Budgeting
including wage reporting, work rules, and benefits counseling
SPECIAL NOTE: Due to the holidays, there
will be no Tuesday meetings on
Nov. 25, Dec. 23 and Dec. 30 &emdash Happy
Holidays