The purpose of this directive is to instruct social services districts on the
use of trust funds to implement provisions of 18 NYCRR 431.4 applicable to the retention of earned income by children in foster care. The directive gives direction on how to use trust funds to allow a foster child to retain earned income as savings while still retaining Title IV-E eligibility for federal
reimbursement for foster care maintenance.
While not specifically addressed in this directive, these principles and the
use of irrevocable trusts for accumulation of savings are applicable to non-Title IV-E eligible children in foster care as well as the Title IV-E
eligibles. However, the use of trusts for non-Title IV-E foster Children may
have implications for Medical Assistance eligibility in certain circumstances.