§ 6-07 Applicants with Caretakers.
RCNY § 6-07
An applicant is not required to provide photo identification if accompanied by a caretaker who can demonstrate proof of a relationship to the applicant pursuant to this section. For HRA to issue an IDNYC Card to such an applicant without photo identification, each of the following criteria must be met: (a) The applicant must provide documents worth a total of at least two points from the proof of identity lists set forth in 68 RCNY § 6-05(c); (b) If the applicant is 21 years of age or younger, the applicant and caretaker must demonstrate proof of relationship by providing at least one document from the charts set forth in paragraph (1) or (2) of this subdivision or a document authorized pursuant to subdivision (f) of this section. If the applicant is 22 years of age or older, the applicant and caretaker must demonstrate proof of relationship by providing at least one of the documents from the chart set forth in paragraph (2) of this subdivision.
(1)The following documents, in addition to those set forth in paragraph (2) of this subdivision, will demonstrate proof of relationship between an applicant age 21 or younger and his or her caretaker: Document DescriptionAcceptable as Proof of Date of Birth of Applicant? Where Caretaker is Parent: Applicant's Birth CertificateApplicant's birth certificate displaying caretaker's name as parent. A birth certificate issued in Puerto Rico prior to July 1, 2010 will not be accepted. All birth certificates issued prior to that date have been invalidated by Puerto Rico law.YesWhere Caretaker is Parent: Adoption Decree, Certificate of Adoption or NYS Department of Health (NYS DOH) Report of Adoption Applicant's adoption decree, certificate of adoption or NYS DOH Report of Adoption, displaying caretaker's name as parent. YesWhere Caretaker is Parent: Acknowledgment of Paternity Form issued by NYC Department of Health and Mental Hygiene (DOHMH), and NYS Office of Temporary and Disability Assistance (OTDA) Form LDSS-4418 displaying caretaker's name as parent of the applicant. Yes Where Caretaker is Parent: Court Order of Paternity/Filiation Court order establishing caretaker as applicant's legal parent. Yes Where Caretaker is Court-Appointed Guardian: Court Decree Court decree displaying caretaker's name as legal guardian.YesWhere Caretaker is Foster Parent: (1) Signed letter from ACS Foster Care Agency; AND (2) Foster Parent License Certification Two documents (both are required):(1) Signed letter from ACS Foster Care Agency on agency letterhead naming the Caretaker as the Applicant's foster parent (must be dated 60 days from the date submitted); and(2) The Caretaker's Foster Parent License Certification Yes Where Caretaker is Employee of ACS or of ACS Foster Care Agency: Letter from ACS or ACS Foster Care Agency Signed letter from executive-level official at ACS or ACS designated NYC foster care agency establishing relationship of youth applicant to agency. Must be dated no more than 60 days prior to the date submitted. If the caretaker is an employee of ACS or an ACS designated foster care agency, then the letter: (1) must also authorize the employee to represent the agency and accompany the applicant at the IDNYC enrollment site and (2) will be accepted only if the caretaker also presents employee ID issued by ACS or the designated agency. YesWhere Caretaker is Adult Sponsor of Minor Appointed by U.S. Department of Health and Human Services, Office of Refugee Resettlement: U.S. Department of Health and Human Services "Verification of Release" form "Verification of Release" document from U.S. Department of Health and Human Services, Office of Refugee Resettlement, Division of Children's Services including photo, date of birth, and name and address of child's adult sponsor. Includes Form ORR UAC/R-1, Form ORR R-535, and any form used by ORR to verify release. Yes Where Caretaker is Stepparent: (1) Applicant's Birth Certificate AND (2) Stepparent's Marriage Certificate Two documents (both are required)Applicant's birth certificate, in addition to the caretaker's certificate of marriage, civil union or domestic partnership showing that the caretaker is married to, or the domestic partner of, a parent named on applicant's birth certificate. A birth certificate issued in Puerto Rico prior to July 1, 2010 will not be accepted. All birth certificates issued prior to that date have been invalidated by Puerto Rico law. Yes (2) The following documents will establish proof of relationship between an applicant of any age and his or her caretaker: Document Description Acceptable as Proof of Date of Birth of Applicant? Where Caretaker is Applicant's Court-Appointed Guardian, Custodian or Conservator: Court Order Court order from a court located in the United States appointing the Caretaker as applicant's legal guardian, custodian or conservator. Yes Where Caretaker is Cohabitant of Developmentally Disabled Applicant: (1) Notice of Decision or Determination (NOD) of Developmental Disability issued by the New York State Office for People with Developmental Disabilities (OPWDD) AND (2) Proof of Residency for Caretaker and Applicant (1) Notice of Decision or Determination of Developmental Disability issued by OPWDD establishing that applicant qualifies for care, and (2) Either a residency document from 68 RCNY § 6-06 showing that the caretaker resides at the address on the NOD, or if applicant no longer resides at the address on the NOD, residency documents from 68 RCNY § 6-06 showing that applicant and caretaker currently reside at same address.This provision does not apply to an applicant living in a residential care facility. Yes (Notice of Decision may be used to establish date of birth) Where Caretaker is Residential Care Facility Employee: Signed Letter Signed letter from an executive-level official at a residential care facility located in New York City and operated, licensed, certified, or funded by OPWDD, NYS DOH, NYS OMH, or NYC DOHMH, establishing the applicant's residence at the facility. Must be dated no more than 60 days prior to the date submitted and must authorize the employee to represent the agency and accompany the applicant at the IDNYC enrollment site. Accepted only if caretaker also presents employee ID issued by the facility. Yes Where an individual Caretaker is applicant's Social Security Representative Payee: Letter from Social Security Administration (SSA) establishing Representative Payee status Letter from SSA establishing that the Caretaker is the applicant's Social Security representative payee. The letter must be dated no more than one year prior to the date submitted. Yes Where Caretaker is an employee of an organization that is applicant's Social Security Representative Payee (RP): (1) Letter from Social Security Administration (SSA) establishing RP status; AND (2) Letter from executive-level official from the RP organization Two letters (both are required):(1) Letter from SSA establishing that the organization is the applicant's Social Security Representative Payee, dated no more than one year prior to the date submitted; and(2) An additional letter signed by an executive-level official from the representative payee organization establishing that its employee is authorized to represent the organization with respect to the applicant's IDNYC application. This letter must be dated no more than 60 days prior to the date submitted and must authorize the employee to represent the organization and accompany the applicant at the IDNYC enrollment site. Accepted only if caretaker also presents employee ID issued by the organization. Yes (Letter from SSA may be used to establish date of birth) Where Caretaker is an Employee of the NYS Office for People with Developmental Disabilities (OPWDD) NYS Department of Health (DOH), NYS Office of Mental Health (NYS OMH) or NYC Department of Health and Mental Hygiene (NYC DOHMH) or an Agency or Facility that is Licensed, Certified or Funded by OPWDD, NYS DOH, NYS OMH or NYC DOHMH: Signed Letter Signed letter from executive-level official at OPWDD, NYS DOH, NYS OMH or NYC DOHMH or an agency or facility that is operated, licensed, certified or funded by one of those agencies, establishing relationship of applicant to the agency or facility. Must be dated no more than 60 days prior to the date submitted and must authorize the employee to represent the agency or facility and accompany the applicant at the IDNYC enrollment site. Accepted only if caretaker also presents employee ID issued by the agency or facility. Yes (c) At least one of the documents provided pursuant to subdivision (a) or (b) of this section must include the applicant's date of birth; (d) The caretaker must demonstrate proof of the caretaker's own identity worth at least three points from the lists set forth in 68 RCNY § 6-05(c), including a photo identification; and (e) The applicant's residency must be established by: (i) the applicant establishing residency in accordance with 68 RCNY § 6-06 or (ii) the caretaker establishing residency for the applicant by establishing the caretaker's own residency in accordance with 68 RCNY § 6-06 and providing an attestation, on a form and in a format established by the Commissioner, that the applicant resides with the caretaker.
(f)HRA may designate additional categories of individuals who will be considered caretakers under this chapter and determine that additional documents may be accepted to establish proof of relationship between an applicant and a caretaker. In the event that HRA exercises its authority under this subdivision, it will publicize the addition of new caretaker categories and its acceptance of new documents, including on the IDNYC website. (Amended City Record 3/24/2016, eff. 4/23/2016; amended City Record 7/2/2018, eff. 8/1/2018)
