S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    718
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01341-01-5
 A. 718                              2
 
 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
 OF  CHILDREN  AND FAMILY SERVICES FROM APPLYING ADDITIONAL TREND FACTORS
 OR STAFF RETENTION FACTORS THAT A PROGRAM MAY BE ELIGIBLE FOR.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments to subdivision 2 of section 398-a of the social services
 law made by section one of this act shall not affect the repeal of  such
 subdivision and shall be deemed repealed therewith.