S T A T E O F N E W Y O R K
________________________________________________________________________
10647
I N A S S E M B L Y
July 22, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hevesi) --
read once and referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to incorporating
the cost of living adjustment into subsequent maximum state aid rates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 398-a of the social services law,
as amended by section 20 of part C of chapter 83 of the laws of 2002, is
amended to read as follows:
(2) The office of children and family services shall promulgate,
subject to consultation with appropriate state agencies, the approval of
the director of the budget and certification to the [chairmen] CHAIR-
PERSONS of the senate finance and assembly ways and means committees,
regulations establishing standards of payment for care provided TO
foster children when the care of such children is subject to public
financial support, when such care is provided by relatives, authorized
agencies, family boarding homes, or state agencies. Such standards of
payment shall include the care required to be provided for foster chil-
dren and the cost of such care. When the office of children and family
services has established such standards, reimbursement under subdivision
two of section one hundred fifty-three-k of this chapter, for the care
of foster children shall be limited in accordance with such standards.
PROVIDED, HOWEVER, NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO
THE CONTRARY, WHEN A COST OF LIVING ADJUSTMENT IS PROVIDED IN ACCORDANCE
WITH A CHAPTER OF THE LAWS OF SUCH YEAR, THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL ENSURE SUCH ADJUSTMENT IS SUBSEQUENTLY INCLUDED
AND INCORPORATED AS PART OF THE NEXT BASE PAYMENT RATE ESTABLISHED FOR
PROVIDING CARE TO FOSTER CHILDREN AND EVERY SUBSEQUENT MAXIMUM STATE AID
RATE ESTABLISHED THEREAFTER. PROVIDED, FURTHER, SUCH ADJUSTMENT SHALL BE
IN ADDITION TO ANY COST OF LIVING ADJUSTMENT THAT MAY BE PROVIDED IN A
SUBSEQUENT STATE FISCAL YEAR, AS WELL AS ANY ADDITIONAL TREND FACTORS OR
STAFF RETENTION FACTORS THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES
MAY APPLY TO ELIGIBLE PROGRAMS. NOTHING HEREIN SHALL PRECLUDE THE OFFICE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15896-01-4
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