STATE OF NEW YORK
________________________________________________________________________
4936
2011-2012 Regular Sessions
IN ASSEMBLY
February 9, 2011
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Children and Families
AN ACT to amend the executive law and the social services law, in
relation to funding for adjudicated juvenile delinquents placed with
authorized agencies or in foster care
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 529 of the executive law is amended by adding two
2 new subdivisions 3 and 3-a to read as follows:
3 3. (a) Expenditures made by social services districts for care, main-
4 tenance, supervision and tuition furnished adjudicated juvenile delin-
5 quents in facilities operated by authorized agencies shall be subject to
6 reimbursement by the state, upon approval by the office of children and
7 family services and in accordance with its regulations, as follows:
8 (1) the full amount expended by the district for care, maintenance,
9 supervision and tuition of state charges; and
10 (2) fifty percent of the amount expended by the district for the care,
11 maintenance, supervision and tuition of local charges.
12 (b) (1) Notwithstanding the provisions of subdivision four of section
13 353.3 of the family court act or any other provision of law to the
14 contrary, such office shall only place adjudicated juvenile delinquents
15 with an authorized agency that has been certified for placement by the
16 social services district of the political subdivision in which the order
17 of placement has been issued, provided that such social services
18 district has submitted to such office the list described in subparagraph
19 two of this paragraph. Social services districts may promulgate rules to
20 establish the means of granting such certifications.
21 (2) Social services districts may submit to the office of children and
22 family services a list of authorized agencies that have been certified
23 by such social services districts for placement. Such certifications
24 shall be based on a review of the historical performance of each author-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08586-02-1
A. 4936 2
1 ized agency in supervising and caring for foster children and adjudi-
2 cated juvenile delinquents or, in the case of a newly-opened authorized
3 agency, based upon the determination of the social services district
4 that such authorized agency has adequate capacity and expertise to carry
5 out such functions. Social services districts may periodically update
6 such lists. In the event a social services district fails to provide
7 such a list to such office, the office may place youth from any such
8 social services district at any authorized agency, subject to any order
9 of the family court.
10 3-a. Expenditures made by social services districts for care, mainte-
11 nance, supervision and tuition furnished adjudicated juvenile delin-
12 quents placed in foster care under the supervision of the commissioner
13 of social services pursuant to subdivision one of section 353.3 of the
14 family court act shall be subject to reimbursement by the state, upon
15 approval by such office and in accordance with its regulation, as
16 follows:
17 (1) the full amount expended by the district for care, maintenance,
18 supervision and tuition of state charges; and
19 (2) fifty percent of the amount expended by the district for the care,
20 maintenance, supervision and tuition of local charges.
21 § 2. Paragraph (a) of subdivision 2 of section 153-k of the social
22 services law, as added by section 15 of part C of chapter 83 of the laws
23 of 2002, is amended to read as follows:
24 (a) Notwithstanding the provisions of this chapter or of any other law
25 to the contrary, eligible expenditures by a social services district for
26 foster care services shall be subject to reimbursement with state funds
27 only to the extent of annual appropriations to the state foster care
28 block grant. Such foster care services shall include expenditures for
29 the provision and administration of: care, maintenance, supervision and
30 tuition; and supervision of foster children placed in federally funded
31 job corps programs[; and care, maintenance, supervision and tuition for
32 adjudicated juvenile delinquents and persons in need of supervision
33 placed in residential programs operated by authorized agencies and in
34 out-of-state residential programs]. Social services districts must
35 develop and implement children and family services delivery systems that
36 are designed to reduce the need for and the length of foster care place-
37 ments and must document their efforts in the multi-year consolidated
38 services plan and the annual implementation reports submitted pursuant
39 to section thirty-four-a of this chapter.
40 § 3. This act shall take effect July 1, 2012, provided however that if
41 this act shall have become a law after such date it shall take effect
42 immediately and shall be deemed to have been in full force and effect on
43 and after July 1, 2012; and provided further that the amendments to
44 subdivision 2 of section 153-k of the social services law made by
45 section two of this act shall not affect the repeal of such section and
46 shall be deemed repealed therewith; and provided further that, effective
47 immediately, the addition, amendment and/or repeal of any rule or regu-
48 lation necessary for the timely implementation of this act on its effec-
49 tive date are authorized and directed to be made and completed on or
50 before such effective date.
