351.28 Home Visits.
(a) A visit to the home of an applicant for or
recipient of Aid to Dependent Children (ADC) or Home Relief (HR) may be conducted by an
official of the social services district as part of an investigation into eligibility or
continuing eligibility for such assistance. The visit may be conducted with advance notice
that a visit may take place, or without advance notice in the circumstances described in
subdivision (b) of this secxtion. A home visit must ordinarily be conducted only during
the normal business hours of the social services district or during daylight hours, unless
the circumstances of the applicant or recipient make such time impractical. The social
services official conducting such visit must properly identify himself or herself.
(b) A visit to the home of an applicant for or
a recipient of ADC or HR by an official of the social services district may be conducted
without advance notice to the applicant or recipient when the district has information
that is inconsistent with or fails to support pertinent information reported by the
applicant or recipient during the eligibility or redetermination of eligibility process,
when the applicant or recipient fails to provide information pertinent to the eligibility
or redetermination of eligibility process that he or she would reasonably be expected to
provide or when it appears that information provided by the applicant or recipient during
the eligibility or redetermination of eligibility process is false. Examples of such
circumstances include, but are not limited to: where the landlord does not verify the
household composition or provides information which is inconsistent with the information
in the application; where the household's stated expenses exceed the stated income or the
current grant without a reasonable explanation; where there is no information concerning a
parent who is alleged to be absent from the home or the information is inconsistent with
the information in the application; where the application is inconsistent with prior case
information in the district's possession; or where the application contains inconsistent
information that would affect eligibility for ADC or HR.
(c) Consent by the applicant or recipient to an unscheduled visit must
not be considered to be permission to search the premises. The official may question the
applicant or recipient about people or objects in plain view on the premises.
(d) Failure by the applicant to cooperate during an unscheduled visit
or to permit such visit is not a basis for a discontinuance or denial of assistance. An
official conducting an unscheduled visit must not indicate or lead the applicant or
recipient to believe that failure to cooperate or to permit the visit will be a basis for
denying or discontinuing benefits.