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

                                  4936

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08586-02-1
              

A. 4936                             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-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, 2012, 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,  2012;  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.