Sec. 300.10. Legal services on a fee-for-service basis

(a) If the appropriating body of a social services district has so authorized and made provision therefor, a local social services commissioner may obtain necessary legal services on a fee-for-service basis or other appropriate basis for the purpose of obtaining support from spouses and parents, recovering costs of public assistance and care granted, and establishing paternity. Such services shall not be subject to reimbursement by the department unless they are provided in accordance with a plan submitted to and approved by the department.

(b) The plan required by subdivision (a) of this section shall demonstrate:

(1) the volume of legal work in the local district;

(2) that the volume of legal work is such as not to require full-time legal staff or that full-time legal staff is not available in sufficient numbers to handle the volume of work; and

(3) that the cost to the local district of obtaining legal services on a fee-for-service basis or other appropriate basis will not exceed the cost to the local district on a unit basis of obtaining the same or a similar type and amount of services from a full-time attorney or a law guardian.