S T A T E O F N E W Y O R K
________________________________________________________________________
7918
2011-2012 Regular Sessions
I N A S S E M B L Y
May 24, 2011
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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:
Section 1. Section 529 of the executive law is amended by adding two
new subdivisions 3-a and 3-b to read as follows:
3-A. (A) EXPENDITURES MADE BY SOCIAL SERVICES DISTRICTS FOR CARE,
MAINTENANCE, SUPERVISION AND TUITION FURNISHED ADJUDICATED JUVENILE
DELINQUENTS 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, MAINTE-
NANCE, SUPERVISION AND TUITION OF STATE CHARGES; AND (2) FIFTY PERCENT
OF THE AMOUNT EXPENDED BY THE DISTRICT FOR THE CARE, MAINTENANCE, SUPER-
VISION 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11265-01-1
A. 7918 2
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
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-B. 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 LOCAL SOCIAL
SERVICES DISTRICT 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, MAINTE-
NANCE, SUPERVISION AND TUITION OF STATE CHARGES; AND (2) FIFTY PERCENT
OF THE AMOUNT EXPENDED BY THE DISTRICT FOR THE CARE, MAINTENANCE, SUPER-
VISION 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, 2011, 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, 2011; and provided further that the amendments to
subdivision 2 of section 153-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.