Assembly Bill A11641

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11641

                          I N  A S S E M B L Y

                              July 6, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of 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:

  Section  1.  Section 529 of the executive law is amended by adding two
new subdivisions 3 and 3-a to read as follows:
  3. (A) EXPENDITURES MADE BY SOCIAL SERVICES DISTRICTS FOR CARE,  MAIN-
TENANCE,  SUPERVISION  AND TUITION FURNISHED ADJUDICATED JUVENILE DELIN-
QUENTS IN FACILITIES OPERATED BY AUTHORIZED AGENCIES SHALL BE SUBJECT TO
REIMBURSEMENT BY THE STATE, UPON APPROVAL BY THE OFFICE OF CHILDREN  AND
FAMILY SERVICES AND IN ACCORDANCE WITH ITS REGULATIONS, AS FOLLOWS:
  (1)  THE  FULL  AMOUNT EXPENDED BY THE DISTRICT FOR CARE, MAINTENANCE,
SUPERVISION AND TUITION OF STATE CHARGES; AND
  (2) FIFTY PERCENT OF THE AMOUNT EXPENDED BY THE DISTRICT FOR THE CARE,
MAINTENANCE, SUPERVISION AND TUITION OF LOCAL CHARGES.
  (B) (1) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF  SECTION
353.3  OF  THE  FAMILY  COURT  ACT  OR ANY OTHER PROVISION OF LAW TO THE
CONTRARY, SUCH OFFICE SHALL ONLY PLACE ADJUDICATED JUVENILE  DELINQUENTS
WITH  AN  AUTHORIZED AGENCY THAT HAS BEEN CERTIFIED FOR PLACEMENT BY THE
SOCIAL SERVICES DISTRICT OF THE POLITICAL SUBDIVISION IN WHICH THE ORDER
OF PLACEMENT  HAS  BEEN  ISSUED,  PROVIDED  THAT  SUCH  SOCIAL  SERVICES
DISTRICT HAS SUBMITTED TO SUCH OFFICE THE LIST DESCRIBED IN SUBPARAGRAPH
TWO OF THIS PARAGRAPH. SOCIAL SERVICES DISTRICTS MAY PROMULGATE RULES TO
ESTABLISH THE MEANS OF GRANTING SUCH CERTIFICATIONS.
  (2) SOCIAL SERVICES DISTRICTS MAY SUBMIT TO THE OFFICE OF CHILDREN AND
FAMILY  SERVICES  A LIST OF AUTHORIZED AGENCIES THAT HAVE BEEN CERTIFIED
BY SUCH SOCIAL SERVICES DISTRICTS  FOR  PLACEMENT.  SUCH  CERTIFICATIONS
SHALL BE BASED ON A REVIEW OF THE HISTORICAL PERFORMANCE OF EACH AUTHOR-
IZED  AGENCY  IN  SUPERVISING AND CARING FOR FOSTER CHILDREN AND ADJUDI-
CATED JUVENILE DELINQUENTS OR, IN THE CASE OF A NEWLY-OPENED  AUTHORIZED
AGENCY,  BASED  UPON  THE  DETERMINATION OF THE SOCIAL SERVICES DISTRICT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17062-01-0

A. 11641                            2

THAT SUCH AUTHORIZED AGENCY HAS ADEQUATE CAPACITY AND EXPERTISE TO CARRY
OUT SUCH FUNCTIONS. SOCIAL SERVICES DISTRICTS  MAY  PERIODICALLY  UPDATE
SUCH  LISTS.  IN  THE  EVENT A SOCIAL SERVICES DISTRICT FAILS TO PROVIDE
SUCH  A  LIST  TO  SUCH OFFICE, THE OFFICE MAY PLACE YOUTH FROM ANY SUCH
SOCIAL SERVICES DISTRICT AT ANY AUTHORIZED AGENCY, SUBJECT TO ANY  ORDER
OF THE FAMILY COURT.
  3-A.  EXPENDITURES MADE BY SOCIAL SERVICES DISTRICTS FOR CARE, MAINTE-
NANCE, SUPERVISION AND TUITION  FURNISHED  ADJUDICATED  JUVENILE  DELIN-
QUENTS  PLACED  IN FOSTER CARE UNDER THE SUPERVISION OF THE COMMISSIONER
OF SOCIAL SERVICES PURSUANT TO SUBDIVISION ONE OF SECTION 353.3  OF  THE
FAMILY  COURT  ACT  SHALL BE SUBJECT TO REIMBURSEMENT BY THE STATE, UPON
APPROVAL BY SUCH OFFICE  AND  IN  ACCORDANCE  WITH  ITS  REGULATION,  AS
FOLLOWS:
  (1)  THE  FULL  AMOUNT EXPENDED BY THE DISTRICT FOR CARE, MAINTENANCE,
SUPERVISION AND TUITION OF STATE CHARGES; AND
  (2) FIFTY PERCENT OF THE AMOUNT EXPENDED BY THE DISTRICT FOR THE CARE,
MAINTENANCE, SUPERVISION AND TUITION OF LOCAL CHARGES.
  S 2. Paragraph (a) of subdivision 2 of section  153-k  of  the  social
services law, as added by section 15 of part C of chapter 83 of the laws
of 2002, is amended to read as follows:
  (a) Notwithstanding the provisions of this chapter or of any other law
to the contrary, eligible expenditures by a social services district for
foster  care services shall be subject to reimbursement with state funds
only to the extent of annual appropriations to  the  state  foster  care
block  grant.  Such  foster care services shall include expenditures for
the provision and administration of: care, maintenance, supervision  and
tuition;  AND  supervision of foster children placed in federally funded
job corps programs[; and care, maintenance, supervision and tuition  for
adjudicated  juvenile  delinquents  and  persons  in need of supervision
placed in residential programs operated by authorized  agencies  and  in
out-of-state  residential  programs].  Social  services  districts  must
develop and implement children and family services delivery systems that
are designed to reduce the need for and the length of foster care place-
ments and must document their efforts  in  the  multi-year  consolidated
services  plan  and the annual implementation reports submitted pursuant
to section thirty-four-a of this chapter.
  S 3. This act shall take effect July 1, 2010, provided however that if
this act shall have become a law after such date it  shall  take  effect
immediately and shall be deemed to have been in full force and effect on
and  after  July  1,  2010;  and provided further that the amendments to
subdivision 2 of section 155-k  of  the  social  services  law  made  by
section  two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith; and provided further that, effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation necessary for the timely implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.