Amd SS340.2 & 355.4, Fam Ct Act; amd SS501, 505, 522, 529 & 530, add SS522-a & 530-a, Art 19-G Title 2-A
SS509-a - 509-k, Exec L
Relates to the Monroe county juvenile justice center; establishes a limited secure placement facility for juveniles in Monroe county; authorizes the office of children and family services to enter into a memorandum of understanding with the county of Monroe for such county to establish, operate and maintain a limited secure placement facility and to inspect and certify the Monroe county juvenile justice center limited secure placement facility.
STATE OF NEW YORK
________________________________________________________________________
923
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Children and Families
AN ACT to amend the family court act and the executive law, in relation
to the county of Monroe establishing a limited secure placement facil-
ity for juveniles; and providing for the repeal of such provisions
upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 340.2 of the family court act, as added by chapter
2 920 of the laws of 1982, subdivision 3 as amended by chapter 173 of the
3 laws of 1999, is amended to read as follows:
4 § 340.2. Presiding judge. 1. The judge who presides at the commence-
5 ment of the fact-finding hearing shall continue to preside until such
6 hearing is concluded and an order entered pursuant to section 345.1
7 unless a mistrial is declared.
8 2. The judge who presides at the fact-finding hearing or accepts an
9 admission pursuant to section 321.3 shall preside at any other subse-
10 quent hearing in the proceeding, including but not limited to the dispo-
11 sitional hearing.
12 3. Notwithstanding the provisions of subdivision two, the rules of the
13 family court shall provide for the assignment of the proceeding to
14 another judge of the court when the appropriate judge cannot preside:
15 (a) by reason of illness, disability, vacation or no longer being a
16 judge of the court in that county; or
17 (b) by reason of removal from the proceeding due to bias, prejudice or
18 similar grounds; or
19 (c) because it is not practicable for the judge to preside.
20 4. Notwithstanding the provisions of subdivision two, any judge
21 presiding in the juvenile matters part of the Monroe county family court
22 may preside over any matters related to a juvenile delinquency proceed-
23 ing, including matters affecting dispositions imposed by another judge.
24 5. The provisions of this section shall not be waived.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03712-01-3
A. 923 2
1 § 2. Section 355.4 of the family court act is amended by adding a new
2 subdivision 6 to read as follows:
3 6. When a respondent is placed at the Monroe county juvenile justice
4 center through the office of children and family services, the Monroe
5 county juvenile justice center shall possess the consent to provide
6 routine medical, dental and mental health services and treatment as
7 granted by the office of children and family services pursuant to this
8 section.
9 § 3. Section 501 of the executive law is amended by adding two new
10 subdivisions 3-a and 4-a to read as follows:
11 3-a. To enter into a memorandum of understanding with the county of
12 Monroe for such county to establish, operate and maintain a limited
13 secure placement facility.
14 4-a. To inspect and certify the Monroe county juvenile justice center
15 limited secure placement facility.
16 § 4. Subdivision 1 of section 505 of the executive law, as amended by
17 chapter 465 of the laws of 1992, is amended and a new subdivision 4 is
18 added to read as follows:
19 1. There shall be a facility director of each [division for youth]
20 office of children and family services facility. Such facility director
21 shall be appointed by the [director] commissioner of the [division]
22 office of children and family services and shall be in the noncompet-
23 itive class and designated as confidential as defined by subdivision
24 two-a of section forty-two of the civil service law. The facility direc-
25 tor shall have two years experience in appropriate titles in state
26 government. Such facility director shall have such other qualifications
27 as may be prescribed by the [director] commissioner of the [division]
28 office of children and family services, based on differences in duties,
29 levels of responsibility, size and character of the facility, knowledge,
30 skills and abilities required, and other factors affecting the position
31 and shall serve at the pleasure of the [director] commissioner of the
32 [division] office of children and family services, except as provided
33 for in subdivision four of this section.
34 4. The director of the Monroe county juvenile justice center shall be
35 appointed by the Monroe county director of social services.
36 § 5. Article 19-G of the executive law is amended by adding a new
37 title 2-A to read as follows:
38 TITLE 2-A
39 MONROE COUNTY JUVENILE JUSTICE CENTER
40 Section 509-a. Monroe county juvenile justice center established.
41 509-b. Definitions.
42 509-c. Juvenile justice center specifications.
43 509-d. Equal employment opportunities for minority and women-
44 owned business enterprises.
45 509-e. Prevailing wage requirements.
46 509-f. Juvenile probation investigation and diagnostic assess-
47 ment.
48 509-g. Substance and alcohol abuse treatment of juveniles.
49 509-h. Health services and education.
50 509-i. Educational components of the juvenile justice center.
51 509-j. Juvenile justice center oversight.
52 509-k. State reimbursement of funds.
53 § 509-a. Monroe county juvenile justice center established. Monroe
54 county shall operate and maintain a limited secure facility to be known
55 as the Monroe county juvenile justice center, for the placement of juve-
A. 923 3
1 nile delinquents placed with the office of children and family services
2 by the Monroe county family court.
3 § 509-b. Definitions. For purposes of this title, the following words
4 shall have the following meanings:
5 1. "center" shall mean the Monroe county juvenile justice center.
6 2. "commissioner" shall mean the commissioner of the office of chil-
7 dren and family services.
8 3. "director" shall mean the director of the Monroe county juvenile
9 justice center appointed pursuant to subdivision four of section five
10 hundred five of this chapter.
11 § 509-c. Juvenile justice center specifications. The juvenile justice
12 center established pursuant to section five hundred nine-a of this title
13 shall consist of the following:
14 1. No more than sixty beds to be used for juveniles who have been
15 placed in the juvenile justice center; and
16 2. No more than seventy-five beds to be used for juveniles who are
17 being detained at the juvenile justice center and are awaiting placement
18 or adjudication.
19 § 509-d. Equal employment opportunities for minority and women-owned
20 business enterprises. 1. All contracts entered into by the center pursu-
21 ant to this title of whatever nature and all documents soliciting bids
22 or proposals therefor shall contain or make reference to the following
23 provisions:
24 (a) The contractor will not discriminate against employees or appli-
25 cants for employment because of race, creed, color, national origin,
26 sex, age, disability, or marital status, and will undertake or continue
27 existing programs of affirmative action to ensure that minority group
28 persons and women are afforded equal opportunity without discrimination.
29 Such programs shall include, but not be limited to, recruitment, employ-
30 ment, job assignment, promotion, upgrading, demotion, transfer, layoff,
31 termination, rates of pay or other forms of compensation, and selection
32 for training and retraining, including apprenticeship and on-the-job
33 training.
34 (b) The contractor shall request each employment agency, labor union,
35 or authorized representative of workers with which it has a collective
36 bargaining or other agreement or understanding and which is involved in
37 the performance of the contract with the center to furnish a written
38 statement that such employment agency, labor union or representative
39 shall not discriminate because of race, creed, color, national origin,
40 sex, age, disability or marital status and that such union or represen-
41 tative will cooperate in the implementation of the contractor's obli-
42 gations hereunder.
43 (c) The contractor shall state, in all solicitations or advertisements
44 for employees placed by or on behalf of the contractor in the perform-
45 ance of the contract with the center that all qualified applicants will
46 be afforded equal employment opportunity without discrimination because
47 of race, creed, color, national origin, sex, age, disability or marital
48 status.
49 (d) The contractor will include the provisions of this subdivision and
50 subdivisions two and three of this section in every subcontract or
51 purchase order in such a manner that such provisions will be binding
52 upon each subcontractor or vendor as to its work in connection with the
53 contract with the center.
54 2. The county shall establish measures, procedures and guidelines to
55 ensure that contractors and subcontractors undertake meaningful programs
56 to employ and promote qualified minority group members and women. Such
A. 923 4
1 procedures may require after notice in a bid solicitation, the
2 submission of a minority and women workforce utilization program prior
3 to the award of any contract, or at any time thereafter, and may require
4 the submission of compliance reports relating to the operation and
5 implementation of any workforce utilization program adopted hereunder.
6 The county shall take appropriate action, including the impositions of
7 sanctions for non-compliance to effectuate the provisions of this
8 section and shall be responsible for monitoring compliance with this
9 title.
10 3. In the performance of projects pursuant to this title, minority and
11 women-owned business enterprises shall be given the opportunity for
12 meaningful participation. The county shall establish quantifiable stand-
13 ards and measures and procedures to secure meaningful participation and
14 identify those contracts and items of work for which minority and
15 women-owned business enterprises may best bid to actively and affirma-
16 tively promote and assist their participation in projects, so as to
17 facilitate the award of a fair share of contracts to such enterprises;
18 provided, however, that nothing in this title shall be construed to
19 limit the ability of the county to assure that qualified minority and
20 women-owned business enterprises may participate in the program. For
21 purposes hereof, minority business enterprise shall mean any business
22 enterprise which is at least fifty-one per centum owned by, or in the
23 case of a publicly owned business, at least fifty-one per centum of the
24 stock or other voting interest is owned by citizens or permanent resi-
25 dent aliens who are Black, Hispanic, Asian, American Indian, Pacific
26 Islander, or Alaskan Native, and such ownership interest is real,
27 substantial and continuing and has the authority to independently
28 control the day to day business decisions of the entity for at least one
29 year; and women-owned business enterprise shall mean any business enter-
30 prise which is at least fifty-one per centum owned by, or in the case of
31 a publicly owned business, at least fifty-one per centum of the stock to
32 other voting interests of which is owned by citizens or permanent resi-
33 dent aliens who are women, and such ownership interest is real, substan-
34 tial and continuing and has the authority to independently control the
35 day to day business decisions of the entity for at least one year.
36 The provisions of this subdivision shall not be construed to limit the
37 ability of any minority business enterprise to bid on any contract.
38 4. In order to implement the requirements and objectives of this
39 section, the county shall establish procedures to monitor contractors
40 compliance with provisions hereof, provide assistance in obtaining
41 competing qualified minority and women-owned business enterprises to
42 perform contracts proposed to be awarded, impose contractual sanctions
43 for non-compliance, and take other appropriate measures to improve the
44 access of minority and women-owned business enterprises to these
45 contracts.
46 § 509-e. Prevailing wage requirements. In the construction and devel-
47 opment of the center, Monroe county must comply with the provisions of
48 article eight of the labor law.
49 § 509-f. Juvenile probation investigation and diagnostic assessment.
50 For every juvenile who is detained or placed in the center, a probation
51 investigation and a diagnostic assessment shall be performed on such
52 juvenile. For the purposes of this section, the probation investigation
53 shall include, but not be limited to, the history of the juvenile
54 including previous conduct, the family situation, any previous psycho-
55 logical and psychiatric reports, school history, school adjustment,
56 previous social assistance provided by voluntary or public agencies and
A. 923 5
1 the response of the juvenile to such assistance, and any possible histo-
2 ry of alcohol, substance or sexual abuse. For the purposes of this
3 section, the diagnostic assessment shall include, but not be limited to,
4 psychological tests and psychiatric interviews to determine mental
5 capacity and achievement, emotional stability and mental disabilities.
6 It shall include a clinical assessment of the situational factors that
7 may have contributed to the act or acts, including any alcohol,
8 substance or sexual abuse of the juvenile. When feasible, expert opinion
9 shall be rendered as to the risk presented by the juvenile to others or
10 himself, with a recommendation as to the need for a restrictive place-
11 ment.
12 § 509-g. Substance and alcohol abuse treatment of juveniles. 1.
13 Screening, evaluation and treatment for alcohol, cannabis and other
14 substances. The center shall contract with one or more community-based,
15 not-for-profit alcohol and/or substance abuse treatment providers
16 licensed by the office of alcoholism and substance abuse services to
17 screen, evaluate, diagnose, treat and provide all other necessary
18 services to juveniles placed at the center who use, are exposed to, or
19 at risk from exposure to alcohol, cannabis or other substances. Screen-
20 ing, evaluation, diagnosis, treatment and all other necessary services
21 for alcohol, cannabis and other substance use, abuse or exposure shall
22 be provided by appropriate health professionals licensed, certified or
23 credentialed by the office of alcoholism and substance abuse services.
24 The center shall give particular consideration to providers of alcohol
25 and substance abuse treatment services which demonstrate the ability to
26 provide treatment services that effectively reduce addiction in young
27 people.
28 a. All juveniles shall be screened upon placement at the center using
29 a protocol approved by the office of alcoholism and substance abuse
30 services to identify any use of, exposure to, or risk from alcohol,
31 cannabis or other substances. If a family court probation report or
32 diagnostic assessment provides all the required information necessary to
33 screen a juvenile for any use of, exposure to or risk from alcohol,
34 cannabis or other substances, the report or assessment may be adopted in
35 lieu of screening under this section.
36 b. A juvenile identified by screening, family court probation report,
37 family court diagnostic assessment or family court order for use of,
38 exposure to or risk from alcohol, cannabis or other substances shall be
39 evaluated using a protocol approved by the office of alcoholism and
40 substance abuse services to assess dependence on, use or abuse of, or
41 impairment from exposure to alcohol, cannabis or other substances. If a
42 family court probation report or diagnostic assessment provides all the
43 required information necessary to evaluate a juvenile for dependence on,
44 abuse of, or impairment from exposure to alcohol, cannabis or other
45 substances, the report or assessment may be adopted in lieu of evalu-
46 ation under this section.
47 c. The center shall provide treatment and other services to a juvenile
48 (i) who is diagnosed with alcohol, cannabis or other substance abuse,
49 alcohol, cannabis or other substance dependence or other psychoactive
50 substance use disorder and/or (ii) whose evaluation identifies evidence
51 of developmental or functional impairment in one or more major life
52 areas due to a relationship with a significant other as defined in
53 subdivision nineteen of section 1.03 of the mental hygiene law who uses,
54 abuses or depends on alcohol, cannabis or other substances.
55 d. The reasons for denial of treatment or services must be documented
56 in a written record kept by the center for a period of ten years.
A. 923 6
1 2. Education about alcohol, cannabis and other substances. The center
2 shall provide to all juveniles placed at the center education and other
3 prevention services about the risks of alcohol and substance abuse
4 including the risks for children of alcohol and/or substance abusing
5 persons and for others at high risk for alcohol and/or substance abuse
6 problems.
7 § 509-h. Health services and education. The center shall contract with
8 a family planning clinic licensed under article twenty-eight of the
9 public health law to provide to both female and male juveniles as appro-
10 priate:
11 1. prompt and comprehensive reproductive health services including but
12 not limited to family planning; screening, diagnosis and treatment of
13 sexually transmitted diseases; screening, diagnosis and treatment of HIV
14 and AIDS; and gynecological and obstetrical services; and
15 2. family life education programs including but not limited to human
16 development, sexuality, physiology, reproductive health and contracep-
17 tion, sexually transmitted diseases and HIV/AIDS, abstinence, relation-
18 ships, roles and psycho-sexual development.
19 § 509-i. Educational components of the juvenile justice center. The
20 center must provide every child placed in the center with educational
21 services in accordance with the provisions of section four thousand two
22 of the education law.
23 § 509-j. Juvenile justice center oversight. 1. The office of children
24 and family services shall be responsible for ensuring that the center
25 meets all the necessary requirements including, but not limited to, the
26 educational services required by section five hundred nine-i of this
27 title and the treatment requirements pursuant to section five hundred
28 nine-g of this title.
29 2. The office of children and family services shall submit a report to
30 the temporary president of the senate and the speaker of the assembly
31 one year after the opening of the center, and every year thereafter.
32 Such report shall include at least the following:
33 a. Statistical data regarding the number of children detained and/or
34 placed at the center throughout the year;
35 b. An analysis of the alcohol and substance abuse treatment programs
36 offered by the center, and a summary of the effectiveness of such
37 programs on affected children;
38 c. An analysis of the educational services provided by the center,
39 including statistical data regarding the number of children who earn
40 high school or general equivalency diplomas; and
41 d. Information pertaining to the aftercare program and the placement
42 of children into the workforce.
43 3. The commissioner shall evaluate the center annually after the
44 center has opened. The office of children and family services shall
45 conduct two visits annually: one of which shall be announced, and one
46 unannounced to ensure full compliance with state law, and to monitor and
47 comment on the general health and well being of the youth at the facili-
48 ty. The commissioner is hereby authorized to terminate the center's
49 operation if he or she determines that it is in the best interests of
50 the state, the county, and the children who are placed within the center
51 to do so.
52 § 509-k. State reimbursement of funds. Subject to appropriation, the
53 state shall reimburse Monroe county for fifty percent of the costs asso-
54 ciated with construction, implementation and maintenance of the center.
55 § 6. Section 522 of the executive law, as added by chapter 552 of the
56 laws of 1993, is amended to read as follows:
A. 923 7
1 § 522. Actions against persons rendering health care services at the
2 request of the [division] office of children and family services;
3 defense and indemnification. The provisions of section seventeen of the
4 public officers law shall apply to any person holding a license to prac-
5 tice a profession pursuant to article one hundred thirty-one, one
6 hundred thirty-one-B, one hundred thirty-two, one hundred thirty-three,
7 one hundred thirty-six, one hundred thirty-seven, one hundred thirty-
8 nine, one hundred forty-one, one hundred forty-three, one hundred
9 fifty-six or one hundred fifty-nine of the education law, who is render-
10 ing or has rendered professional services authorized under such license
11 while acting at the request of the [division] office of children and
12 family services or a facility of the [division] office of children and
13 family services or at the Monroe county juvenile justice center in
14 providing health care and treatment or professional consultation to
15 residents of [division] office of children and family services facili-
16 ties, or to infants of residents while such infants are cared for in
17 [division] office of children and family services facilities or at the
18 Monroe county juvenile justice center pursuant to section five hundred
19 sixteen of this [article] subtitle, without regard to whether such
20 health care and treatment or professional consultation is provided with-
21 in or without [a division] an office of children and family services
22 facility.
23 § 7. The executive law is amended by adding a new section 522-a to
24 read as follows:
25 § 522-a. Training, education and aftercare model program. 1. For the
26 purposes of this section, the following terms shall have the following
27 meanings:
28 (a) "Commissioner" shall mean the commissioner of the office of chil-
29 dren and family services.
30 (b) "Program" shall mean the "training, education and aftercare model
31 (TEAM) program" authorized by subdivision two of this section.
32 (c) "Juvenile delinquent" shall mean a person over seven and less than
33 sixteen years of age, who, having committed an act that would constitute
34 a crime if committed by an adult, (i) is not criminally responsible for
35 such conduct by reason of infancy, or (ii) is the defendant in an action
36 ordered removed from a criminal court to the family court pursuant to
37 article seven hundred twenty-five of the criminal procedure law.
38 (d) "Contractor" shall mean not-for-profit or for-profit providers of
39 enhanced interventions for juvenile delinquents in the Monroe county
40 juvenile justice center.
41 (e) "Center" shall mean the Monroe county juvenile justice center.
42 2. (a) Monroe county is hereby authorized to establish the training,
43 education and aftercare model (TEAM) program in the Monroe county juve-
44 nile justice center to reduce juvenile delinquent recidivism. Such
45 program shall be outcome-driven and use recognized treatment models
46 which have been effective in serving and placing at-risk youth with
47 multiple barriers to employment.
48 (b) To accomplish the program objectives of paragraph (a) of this
49 subdivision, technical assistance shall be provided to center staff and
50 aftercare counselors to achieve the program improvements described in
51 paragraph (c) of this subdivision. Monroe county may use contractors
52 who have demonstrated effectiveness in serving and placing at-risk youth
53 with multiple barriers to employment to provide such technical assist-
54 ance, subject to a request for proposal.
55 (c) The program improvements sought shall include the following key
56 components:
A. 923 8
1 (i) Aftercare and follow-up services. Full-time aftercare and
2 follow-up services shall be provided for the duration of the child's
3 assigned aftercare and shall include, but not be limited to, enhanced
4 procedures for ensuring frequent contacts at each phase of aftercare; an
5 automated case management system; and the implementation of performance
6 measures, as described in subdivision four of this section. The types of
7 aftercare services provided shall include, but not be limited to, job
8 search assistance and placement; job counseling; independent living
9 placement and assistance; mentoring; family counseling and support for
10 custodial and non-custodial parents; securing a school placement prior
11 to release from a facility; and where applicable, outreach, referral and
12 assistance in enrolling in the military or ROTC programs.
13 (ii) Youth service plans. Revised procedures shall be established for
14 developing youth service plans to set goals and identify services neces-
15 sary for post-release success. Juvenile delinquents placed in the
16 Monroe county juvenile justice center shall have each intake assessment
17 reviewed and expanded to include such plan within thirty days of assign-
18 ment to such center. Such plan shall be developed in consultation with
19 existing training and aftercare staff to ensure appropriate placement in
20 education and all training-related services, in addition to alcohol or
21 substance abuse, mental health, or other services deemed necessary in
22 the assessment and as a part of ensuring successful intervention and
23 post-release success. The plan shall be amended as appropriate to
24 reflect changing service needs.
25 (iii) Education services. Technical assistance shall be provided on
26 the use of non-traditional open entry and self-paced education models
27 such as, computer-assisted instruction. Such assistance shall be inte-
28 grated with work-based training.
29 (iv) Training services. Technical assistance shall be provided to
30 enhance the following types of employability and socialization skills:
31 occupational training programs, conflict resolution, behavior manage-
32 ment, team work, discipline training, job search and interviewing tech-
33 niques, independent living skills, and substance abuse counseling.
34 3. Such technical assistance provided shall include:
35 (a) Advice and assistance to existing center staff in improving educa-
36 tion and training related interventions, as described in subparagraphs
37 (iii) and (iv) of paragraph (c) of subdivision two of this section to
38 support successful aftercare and reintegration of youth into the commu-
39 nity;
40 (b) Assistance to center staff and aftercare counselors in coordinat-
41 ing with other services and accessing other funds to ensure juvenile
42 delinquents are placed in any full-time combination of school, employ-
43 ment in unsubsidized or supported work, or further training activities
44 within one week of release;
45 (c) A review of training programs, as described in subparagraph (iv)
46 of paragraph (c) of subdivision two of this section, along with an anal-
47 ysis of related programs that serve at-risk youth to upgrade existing
48 training programs and to ensure the use of state-of-the-art equipment,
49 integration with basic skills instruction, and a labor market demand for
50 the job training provided; and
51 (d) The development of procedures to ensure that the outcomes
52 described in subdivision four of this section are established, measured,
53 and continually monitored for each juvenile delinquent.
54 4. The program shall be evaluated on achievement of performance
55 outcomes and program effectiveness. The evaluation shall be conducted by
56 a research institute within the greater Monroe county area with estab-
A. 923 9
1 lished expertise in juvenile justice programs and practices. A control
2 site shall be established to measure similar outcomes in a facility
3 offering traditional services. The evaluation shall be based upon juve-
4 nile delinquent outcomes and the program's performance.
5 (a) Outcomes shall be established to measure performance for each
6 juvenile delinquent at a minimum of two intervals--upon release and at
7 least twelve months after release. Such outcomes may include behavioral
8 incentives and shall measure:
9 (i) education and training gains while incarcerated and the initial
10 placement and wage rate upon release; and
11 (ii) recidivism rates, employment status, and wage levels at least one
12 year after release.
13 (b) The program shall be evaluated on the success of the juvenile
14 delinquents based on the following measures:
15 (i) job placement and twelve month retention rates for participants,
16 regardless of whether employment has been with one or more employers;
17 (ii) wage rates at placement and twelve months after initial place-
18 ment;
19 (iii) learning gains based on pre- and post-testing;
20 (iv) obtaining a high school diploma or its equivalent or returning to
21 school; and
22 (v) recidivism rates at selected intervals after release.
23 5. No later than January first, two thousand fifteen, and each January
24 first thereafter, the office of children and family services shall
25 prepare and submit a report incorporating the evaluation required by
26 subdivision four of this section. The report shall focus on the center,
27 the number of juvenile delinquents served, demographic data about
28 participating delinquents, including but not limited to, race, ethnici-
29 ty, language spoken at home, family income group and information on any
30 sibling involvement with family court, and the results of the program
31 outcomes required by subdivision four of this section. The report shall
32 be submitted to the temporary president of the senate, the speaker of
33 the assembly and the chairs of the senate and assembly children and
34 families committees, the assembly ways and means committee and the
35 senate finance committee.
36 § 8. Subdivision 1 of section 529 of the executive law, as added by
37 chapter 906 of the laws of 1973, paragraph (c) as amended and paragraph
38 (d) as added by chapter 881 of the laws of 1976, is amended to read as
39 follows:
40 1. Definitions. [As] Except as provided for in section five hundred
41 thirty-a of this title, as used in this section:
42 (a) "authorized agency", "certified boarding home", "local charge" and
43 "state charge" shall have the meaning ascribed to such terms by the
44 social services law;
45 (b) "aftercare supervision" shall mean supervision of released or
46 discharged youth, not in foster care; [and,]
47 (c) "foster care" shall mean residential care, maintenance and super-
48 vision provided released or discharged youth, or youth otherwise in the
49 custody of the [division for youth] office of children and family
50 services, in [a division] an office of children and family services
51 foster family home certified by [the division.] such office; and
52 (d) "[division] office of children and family services foster family
53 home" means a service program provided in a home setting available to
54 youth under the jurisdiction of the [division for youth] office of chil-
55 dren and family services.
A. 923 10
1 § 9. Subdivision 1 of section 530 of the executive law, as amended by
2 section 4 of subpart B of part Q of chapter 58 of the laws of 2011, is
3 amended to read as follows:
4 1. Definitions. [As] Except as provided for in section five hundred
5 thirty-a of this title, as used in this section, the term "municipality"
6 shall mean a county, or a city having a population of one million or
7 more.
8 § 10. The executive law is amended by adding a new section 530-a to
9 read as follows:
10 § 530-a. Reimbursement for detention, placement and aftercare super-
11 vision at the Monroe county juvenile justice center. 1. Definitions. As
12 used in this section, the terms "local charge" and "state charge" shall
13 have the same meaning ascribed to them in the social services law.
14 2. Expenditures made by social services districts in providing care,
15 maintenance and supervision to youth in detention facilities designated
16 pursuant to sections seven hundred twenty-four and 305.2 of the family
17 court act and certified by the office of children and family services,
18 shall be subject to reimbursement by the state upon approval by such
19 office in accordance with its regulations, as follows:
20 (a) the full amount expended by the district for care, maintenance and
21 supervision of state charges;
22 (b) fifty percent of the amount expended for the care, maintenance and
23 supervision of local charges where counties conform with requirements of
24 subdivision B of section two hundred eighteen-a of the county law.
25 3. Expenditures made by the Monroe county social services district in
26 providing care, maintenance and supervision to youth placed in the
27 Monroe county juvenile justice center shall be subject to reimbursement
28 by the state upon approval by the office of children and family services
29 in accordance with its regulations, as follows:
30 (a) the full amount expended by the district for care, maintenance and
31 supervision of state charges;
32 (b) fifty percent of the amount expended for the care, maintenance and
33 supervision of local charges where counties conform with requirements of
34 subdivision B of section two hundred eighteen-a of the county law.
35 4. Expenditures made by the Monroe county social services district for
36 aftercare supervision as defined in paragraph (b) of subdivision one of
37 section five hundred twenty-nine of this title provided to adjudicated
38 juvenile delinquents by the Monroe county juvenile justice center shall
39 be subject to reimbursement by the state upon approval by the office of
40 children and family services in accordance with such office's rules and
41 regulations, as follows:
42 (a) the full amount expended by the district for aftercare supervision
43 of state charges; and
44 (b) fifty percent of the amount expended by the district for after-
45 care supervision of local charges.
46 § 11. This act shall take effect immediately and shall expire and be
47 deemed repealed 4 years after the initial admittance of a child to
48 detention or placement; provided that Monroe county shall notify the
49 legislative bill drafting commission of the date of such initial place-
50 ment in order that the commission may maintain an accurate and timely
51 effective data base of the official text of the laws of the state of New
52 York in furtherance of effecting the provisions of section 44 of the
53 legislative law and section 70-b of the public officers law.
