S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7099
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2017
                                ___________
 
 Introduced by M. of A. HARRIS -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to  amend  the  family  court  act,  in relation to authorizing
   probation in juvenile delinquent cases to be conditional upon referral
   for certain family services; and to amend the social services law,  in
   relation to family support centers and state reimbursement for expend-
   itures made by social services districts for various services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 2  of  section  353.2  of  the
 family  court  act,  as  amended  by chapter 124 of the laws of 1993, is
 amended to read as follows:
   (e) co-operate with a mental health, social services or  other  appro-
 priate community facility or agency to which the respondent is referred,
 INCLUDING  A  FAMILY  SUPPORT CENTER PURSUANT TO TITLE TWELVE OF ARTICLE
 SIX OF THE SOCIAL SERVICES LAW;
   § 2. Article 6 of the social services law is amended by adding  a  new
 title 12 to read as follows:
                                 TITLE 12
                          FAMILY SUPPORT CENTERS
 SECTION 458-M. FAMILY SUPPORT CENTERS.
         458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
   §  458-M.  FAMILY  SUPPORT CENTERS. 1. AS USED IN THIS TITLE, THE TERM
 "FAMILY SUPPORT CENTER" SHALL MEAN A  PROGRAM  ESTABLISHED  PURSUANT  TO
 THIS  TITLE  TO  PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO YOUTH AT
 RISK OF BEING, OR ALLEGED OR ADJUDICATED TO BE PERSONS IN NEED OF SUPER-
 VISION PURSUANT TO ARTICLE SEVEN OF THE  FAMILY  COURT  ACT,  AND  THEIR
 FAMILIES.  FAMILY  SUPPORT  CENTERS  MAY  ALSO  PROVIDE  COMMUNITY-BASED
 SUPPORTIVE SERVICES TO YOUTH WHO ARE ALLEGED OR ADJUDICATED TO BE  JUVE-
 NILE  DELINQUENTS  PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07159-01-7
              

 A. 7099                             2
 
 YOUTH AGED SIXTEEN, SEVENTEEN AND EIGHTEEN WHO ARE ACCUSED OR  CONVICTED
 OF CRIMES.
   2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
 CHILDREN  AND  THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH
 PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
   (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
   (B) CRISIS INTERVENTION;
   (C) FAMILY MEDIATION AND SKILLS BUILDING;
   (D) MENTAL AND BEHAVIORAL HEALTH SERVICES AS  DEFINED  IN  SUBDIVISION
 FIFTY-EIGHT  OF  SECTION 1.03 OF THE MENTAL HYGIENE LAW INCLUDING COGNI-
 TIVE INTERVENTIONS;
   (E) CASE MANAGEMENT;
   (F) RESPITE SERVICES; AND
   (G) OTHER FAMILY SUPPORT SERVICES.
   3. TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL  BE
 TRAUMA  SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE APPROPRIATE,
 AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID-
 UALIZED NEEDS OF THE CHILD AND  FAMILY  BASED  ON  THE  ASSESSMENTS  AND
 SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER.
   4.  FAMILY  SUPPORT  CENTERS SHALL HAVE THE CAPACITY TO SERVE FAMILIES
 OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS.
   § 458-N. FUNDING FOR FAMILY SUPPORT CENTERS.  1.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW  TO THE CONTRARY, STATE REIMBURSEMENT SHALL BE
 MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES  MADE  BY  SOCIAL
 SERVICES  DISTRICTS,  EXCLUSIVE  OF ANY FEDERAL FUNDS MADE AVAILABLE FOR
 SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS STATEWIDE.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  FAMILY
 SUPPORT  CENTERS  SHALL  BE ESTABLISHED IN EACH SOCIAL SERVICES DISTRICT
 THROUGHOUT THE STATE WITH THE APPROVAL OF THE  OFFICE  OF  CHILDREN  AND
 FAMILY  SERVICES,  PROVIDED  HOWEVER  THAT  TWO  OR MORE SOCIAL SERVICES
 DISTRICTS MAY JOIN TOGETHER TO ESTABLISH, OPERATE AND MAINTAIN A  FAMILY
 SUPPORT  CENTER AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION THERE-
 WITH.
   3. SOCIAL SERVICES DISTRICTS MAY CONTRACT WITH  NOT-FOR-PROFIT  CORPO-
 RATIONS  OR  UTILIZE EXISTING PROGRAMS TO OPERATE FAMILY SUPPORT CENTERS
 IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM
 REQUIREMENTS ISSUED BY THE OFFICE. FAMILY  SUPPORT  CENTERS  SHALL  HAVE
 SUFFICIENT  CAPACITY  TO  PROVIDE  SERVICES  TO  YOUTH WITHIN THE SOCIAL
 SERVICES DISTRICT OR DISTRICTS WHO ARE AT RISK OF BECOMING,  ALLEGED  OR
 ADJUDICATED  TO  BE  PERSONS  IN NEED OF SUPERVISION PURSUANT TO ARTICLE
 SEVEN OF THE FAMILY COURT ACT, AND THEIR FAMILIES. IN ADDITION,  TO  THE
 EXTENT PRACTICABLE, FAMILY SUPPORT CENTERS MAY PROVIDE SERVICES TO YOUTH
 WHO  ARE  ALLEGED OR ADJUDICATED UNDER ARTICLE THREE OF THE FAMILY COURT
 ACT.
   4. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE  SHALL
 REPORT  TO  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND
 MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
 OUTCOMES OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT  THAT
 RECEIVES FUNDING UNDER THIS TITLE.
   § 3. Subdivision 8 of section 404 of the social services law, as added
 by  section  1 of subpart A of part G of chapter 57 of the laws of 2012,
 is amended to read as follows:
   8. (a) Notwithstanding any other provision of law to  the  contrary[,]
 EXCEPT  AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, eligible
 expenditures during  the  applicable  time  periods  made  by  a  social
 services  district  for  an  approved juvenile justice services close to

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 home initiative shall, if approved by the department of  family  assist-
 ance, be subject to reimbursement with state funds only up to the extent
 of  an  annual  appropriation  made  specifically  therefor, after first
 deducting  therefrom  any  federal  funds  properly  received  or  to be
 received on account thereof; provided, however,  that  when  such  funds
 have  been  exhausted,  a  social  services  district  may receive state
 reimbursement from other available state appropriations for  that  state
 fiscal  year for eligible expenditures for services that otherwise would
 be reimbursable under such funding streams. Any claims  submitted  by  a
 social services district for reimbursement for a particular state fiscal
 year  for  which  the  social  services  district does not receive state
 reimbursement from the annual appropriation for the  approved  close  to
 home initiative may not be claimed against that district's appropriation
 for the initiative for the next or any subsequent state fiscal year.
   (i)  State  funding  for  reimbursement shall be, subject to appropri-
 ation,  in  the  following  amounts:  for  state  fiscal  year  2013-14,
 $35,200,000  adjusted by any changes in such amount required by subpara-
 graphs (ii) and (iii) of this paragraph; for state fiscal year  2014-15,
 $41,400,000  adjusted  to  include the amount of any changes made to the
 state fiscal year 2013-14 appropriation  under  subparagraphs  (ii)  and
 (iii)  of  this  paragraph  plus any additional changes required by such
 subparagraphs; and, such reimbursement shall be,  subject  to  appropri-
 ation,  for all subsequent state fiscal years in the amount of the prior
 year's actual appropriation adjusted by any changes required by subpara-
 graphs (ii) and (iii) of this paragraph.
   (ii) The reimbursement amounts set forth in subparagraph (i)  of  this
 paragraph  shall  be  increased  or decreased by the percentage that the
 average of the most recently approved maximum state aid rates for  group
 residential  foster care programs is higher or lower than the average of
 the approved maximum state aid rates for group residential  foster  care
 programs  in  existence  immediately prior to the most recently approved
 rates.
   (iii) The reimbursement amounts set forth in subparagraph (i) of  this
 paragraph  shall  be increased if either the population of alleged juve-
 nile delinquents who receive a probation intake or the total  population
 of  adjudicated  juvenile  delinquents placed on probation combined with
 the population of adjudicated juvenile delinquents placed out  of  their
 homes  in  a  setting  other  than a secure facility pursuant to section
 352.2 of the family court act, increases by at least  ten  percent  over
 the respective population in the annual baseline year. The baseline year
 shall be the period from July first, two thousand ten through June thir-
 tieth,  two  thousand  eleven or the most recent twelve month period for
 which there is complete data, whichever is  later.  In  each  successive
 year,  the  population of the previous July first through June thirtieth
 period shall be compared  to  the  baseline  year  for  determining  any
 adjustments to a state fiscal year appropriation. When either population
 increases  by ten percent or more, the reimbursement will be adjusted by
 a percentage equal to the larger of the percentage  increase  in  either
 the  number of probation intakes for alleged juvenile delinquents or the
 total population of adjudicated juvenile delinquents placed on probation
 combined with the population of adjudicated juvenile delinquents  placed
 out of their homes in a setting other than a secure facility pursuant to
 section 352.2 of the family court act.
   (iv)  The social services district and/or the New York city department
 of probation shall provide an annual report including the data  required
 to  calculate  the  population adjustment to the New York city office of

 A. 7099                             4

 management and budget, the division of criminal justice services and the
 state division of the budget no later than the first  day  of  September
 following  the  close  of the previous July first through June thirtieth
 period.
   (A-1)  STATE  REIMBURSEMENT  SHALL  BE  MADE AVAILABLE FOR ONE HUNDRED
 PERCENT OF ELIGIBLE EXPENDITURES MADE BY  A  SOCIAL  SERVICES  DISTRICT,
 EXCLUSIVE  OF  ANY  FEDERAL  FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR
 APPROVED JUVENILE JUSTICE SERVICES  UNDER  AN  APPROVED  CLOSE  TO  HOME
 INITIATIVE PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH
 SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH.
   (b)  The  department  of  family  assistance  is  authorized,  in  its
 discretion, to make advances to a social  services  district  in  antic-
 ipation of the state reimbursement provided for in this section.
   (c)  A  social  services  district  shall conduct eligibility determi-
 nations for federal and state funding and submit claims  for  reimburse-
 ment  in  such form and manner and at such times and for such periods as
 the department of family assistance shall determine.
   (d) Notwithstanding any inconsistent provision of law or regulation of
 the department of family assistance, state reimbursement  shall  not  be
 made for any expenditure made for the duplication of any grant or allow-
 ance for any period.
   (e)  Claims  submitted by a social services district for reimbursement
 shall be paid after deducting any expenditures defrayed by  fees,  third
 party  reimbursement,  and  any non-tax levy funds including any donated
 funds.
   (f) The office of children and family services shall not reimburse any
 claims for expenditures for residential services that are submitted more
 than twenty-two months after the calendar quarter in which the  expendi-
 tures were made.
   (g) Notwithstanding any other provision of law, the state shall not be
 responsible  for  reimbursing  a social services district and a district
 shall not seek state reimbursement for any portion of any  state  disal-
 lowance  or  sanction taken against the social services district, or any
 federal disallowance attributable to final federal agency  decisions  or
 to settlements made, when such disallowance or sanction results from the
 failure  of the social services district to comply with federal or state
 requirements, including, but not limited to, failure to document  eligi-
 bility  for the federal or state funds in the case record. To the extent
 that the social services district has sufficient claims other than those
 that are subject to disallowance or sanction to draw down the full annu-
 al appropriation, such disallowance or sanction shall not  result  in  a
 reduction  in payment of state funds to the district unless the district
 requests that the department use a portion of the  appropriation  toward
 meeting  the  district's  responsibility to repay the federal government
 for the disallowance or sanction and any related interest payments.
   (h) Rates for residential services. (i) The office shall establish the
 rates, in accordance with section three hundred ninety-eight-a  of  this
 [chapter]  TITLE,  for  any  non-secure  facilities established under an
 approved juvenile justice services close to  home  initiative.  For  any
 such  non-secure  facility  that  will  be  used primarily by the social
 services district with an  approved  close  to  home  initiative,  final
 authority  for  establishment  of such rates and any adjustments thereto
 shall reside with the office, but such rates and any adjustments thereto
 shall be established only upon the request of, and in consultation with,
 such social services district.

 A. 7099                             5
 
   (ii) A social services district  with  an  approved  juvenile  justice
 services  close  to  home  initiative for juvenile delinquents placed in
 limited secure settings  shall  have  the  authority  to  establish  and
 adjust,  on  an  annual  or regular basis, maintenance rates for limited
 secure  facilities providing residential services under such initiative.
 Such rates shall not be subject  to  the  provisions  of  section  three
 hundred  ninety-eight-a  of this [chapter] TITLE but shall be subject to
 maximum cost limits established by the office  of  children  and  family
 services.
   §  4.  Paragraph  (a)  of subdivision 1 of section 409-a of the social
 services law, as amended by chapter 87 of the laws of 1993, subparagraph
 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
 as amended by section 22 of part C of chapter 83 of the laws of 2002, is
 amended to read as follows:
   (a) A social services official shall provide preventive services to  a
 child  and  his  or  her family, in accordance with the family's service
 plan as required by section four hundred nine-e of this [chapter]  ARTI-
 CLE  and  the  social  services  district's  child welfare services plan
 submitted and approved pursuant to section four hundred nine-d  of  this
 [chapter]  ARTICLE,  upon  a finding by such official that (i) the child
 will be placed, returned to or continued  in  foster  care  unless  such
 services  are  provided  and  that  it  is reasonable to believe that by
 providing such services the child will be able  to  remain  with  or  be
 returned  to his or her family, and for a former foster care youth under
 the age of twenty-one who was previously placed in the care and  custody
 or custody and guardianship of the local commissioner of social services
 or  other officer, board or department authorized to receive children as
 public charges where it is reasonable to believe that by providing  such
 services the former foster care youth will avoid a return to foster care
 or  (ii)  the  child is the subject of a petition under article seven of
 the family court act, [or has been determined by the assessment  service
 established  pursuant to section two hundred forty-three-a of the execu-
 tive law,] or by the probation service where no such assessment  service
 has  been designated, to be at risk of being the subject of such a peti-
 tion, and the social services official determines that the child  is  at
 risk of placement into foster care. Such finding shall be entered in the
 child's  uniform  case  record  established  and  maintained pursuant to
 section four hundred nine-f of this [chapter] ARTICLE. The  commissioner
 shall  promulgate  regulations  to  assist  social services officials in
 making determinations of eligibility for  mandated  preventive  services
 pursuant to this [subparagraph] PARAGRAPH.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 8 of section 404 of  the  social  services
 law  made  by  section  three of this act shall not affect the repeal of
 such subdivision and  shall  be  deemed  repealed  therewith;  provided,
 further,  that  the  amendments to subparagraph (ii) of paragraph (a) of
 subdivision 1 of section 409-a  of  the  social  services  law  made  by
 section four of this act shall not affect the expiration of such subpar-
 agraph and shall be deemed to expire therewith.