NY Exec L § 420 (2021)
2021 New York Laws EXC - Executive Article 19-A - Delinquency and Youth Crime Prevention 420 - State Aid.

§  420.  State  aid.  1.  a.  (1)  Each municipality operating a youth development program approved  by  the  office  of  children  and  family services  shall  be eligible for one hundred percent state reimbursement of its qualified expenditures, subject to available  appropriations  and exclusive  of  any  federal funds made available therefor, not to exceed the municipality's distribution of state aid under this article.  (2) The state aid appropriated for youth development programs shall be distributed by the office of children and family  services  to  eligible municipalities  that  have  an  approved  comprehensive plan pursuant to subparagraph two of paragraph c of  this  subdivision.  Such  state  aid shall  be  limited  to  the funds specifically appropriated therefor and shall be based on factors that shall include the number of  youth  under the  age of twenty-one residing in the municipality as shown by the last published federal census certified in the same  manner  as  provided  by section  fifty-four of the state finance law and may include, but not be limited to, the  percentage  of  youth  living  in  poverty  within  the municipality or such other factors as provided for in the regulations of the office.  (3)  The  office  shall  not  reimburse  any claims under this section unless they are submitted within twelve months of the  calendar  quarter in  which  the  expenditure  was  made. The office may require that such claims be submitted to the  office  electronically  in  the  manner  and format required by the office.  (4)  A  comprehensive plan developed in accordance with paragraph c of this subdivision may provide for the funding of local youth bureaus that have been approved in accordance with section four hundred twenty-two of this article and municipal youth  bureaus.  Provided  however,  that  an approved   local   youth   bureau  that  is  not  providing,  operating, administering or monitoring youth development programs shall not receive funding pursuant to this  subdivision.  Provided,  further  that  up  to fifteen  percent  of  the  youth  development  funds that a municipality determines will be provided to a local youth bureau in  accordance  with clause  (ii)  of subparagraph one of paragraph c of this subdivision may be used for administrative  functions  performed  by  such  local  youth bureau.  (5)  If  a  municipality  does  not allocate youth development funding pursuant  to  the  information  contained  within   the   municipality's comprehensive plan in accordance with clause (ii) of subparagraph one of paragraph c of this subdivision, the office may authorize or require the comptroller to withhold the payment of state aid to such municipality in accordance with section four hundred twenty-one of this article.   b.  Youth  development programs shall provide community-level services designed to  promote  positive  youth  development.  Such  programs  may include,  but  not  be  limited  to:  programs that promote physical and emotional  wellness,  educational  achievement  or  civic,  family   and community  engagement;  family  support  services;  services  to prevent juvenile delinquency, child abuse and neglect; services to avert  family crises;  and  services to assist youth in need of crisis intervention or respite  services.  Subject  to  the  regulations  of  the   office,   a municipality   may   enter   into  contracts  to  effectuate  its  youth development  program  established  and  approved  as  provided  in  this article.   c.   Each   municipality  shall  develop,  in  consultation  with  the applicable municipal youth bureau, a comprehensive plan to  offer  youth development  programs.  Such  comprehensive plan shall be subject to the approval of the office of children and  family  services  in  accordance with  subparagraph  two of this paragraph and shall be submitted by each  municipality in a manner and at such times and for such periods  as  the office of children and family services shall determine.  (1) Such comprehensive plan shall:  (i)  describe  the  need  in  the  municipality  for youth development programs, and specify, at minimum, how the municipality will address the need for youth development in villages, towns and cities  which  have  a youth population of twenty thousand or more persons;  (ii) detail how the municipality will allocate the funding it receives pursuant  to  this  subdivision,  including  an accounting of all of the eligible entities within such municipality  that  will  receive  funding under  this  subdivision,  the  youth  development  services  that  such entities will provide, and the amount of funding that each  entity  will receive;  (iii)  specify  how the municipality will measure performance outcomes for such services and programs covered under the plan;  (iv) specify the  projected  performance  outcomes  for  services  and programs  covered  under the plan, including projected positive outcomes for youth who participate in the services and programs; and  (v) provide  information  on  the  performance  outcomes  of  services provided  under the municipality's most recent plan approved pursuant to this subdivision, including outcome based measures that demonstrate  the quality  of  services  provided  and  program  effectiveness of programs funded under such plan.  (2) The office of children and family services may approve all or part of a municipality's comprehensive plan. If the office does not approve a municipality's comprehensive plan, such municipality  shall  have  sixty days from receipt of the notification of disapproval to submit a revised plan.  (3)  If  the municipality is seeking state aid to provide services for runaway and homeless youth, as defined in  article  nineteen-H  of  this chapter, the runaway and homeless youth plan, as required by subdivision two  of  this  section,  shall be submitted as part of the comprehensive plan that is required pursuant to this paragraph; provided however, that state aid to provide services for runaway and  homeless  youth  services shall  be  from,  and limited to, funds appropriated separately for such runaway and homeless youth program purposes by the state, and shall  not be included under the limits set forth in this subdivision.   2. Runaway and homeless youth plan; state aid.   a.  (1) A municipality may submit to the office of children and family services a plan for the providing of services for runaway  and  homeless youth,  as  defined  in  article  nineteen-H of this chapter. Where such municipality  is  receiving  state  aid  pursuant  to  paragraph  a   of subdivision  one  of  this section, such runaway and homeless youth plan shall be submitted as part  of  the  comprehensive  plan  and  shall  be consistent with the goals and objectives therein.  (2)   A  runaway  and  homeless  youth  plan  shall  be  developed  in consultation with the municipal youth bureau  and  the  county  or  city department   of  social  services,  shall  be  in  accordance  with  the regulations of the office of children and family services, shall provide for a coordinated range of services for runaway and homeless  youth  and their  families including preventive, temporary shelter, transportation, counseling, and other necessary assistance, and shall  provide  for  the coordination  of all available county resources for runaway and homeless youth and  their  families  including  services  available  through  the municipal  youth  bureau,  the  county  or  city  department  of  social services, local boards of education, local drug and alcohol programs and organizations or  programs  which  have  past  experience  dealing  with runaway and homeless youth.  (3) In its plan a municipality may:  (i)  include  provisions  for  transitional independent living support programs and runaway and homeless  youth  crisis  services  programs  as provided in article nineteen-H of this chapter;  (ii) authorize services under article nineteen-H of this chapter to be provided  to  homeless  young adults, as such term is defined in section five hundred thirty-two-a of this chapter;  (iii) authorize runaway and homeless youth to be served in  accordance with any of the following provisions of this chapter:  (A)  paragraphs (a) and (b) of subdivision two of section five hundred thirty-two-b;  (B)  paragraph  (b)  of  subdivision  one  of  section  five   hundred thirty-two-d;  (C)   paragraph  (c)  of  subdivision  two  of  section  five  hundred thirty-two-b;  (D)  paragraph  (c)  of  subdivision  one  of  section  five   hundred thirty-two-d;  (E)  to  allow  a  youth  under  the  age of sixteen to be served in a transitional independent living support program pursuant to subparagraph (ii) of paragraph  (a)  of  subdivision  one  of  section  five  hundred thirty-two-d; and  (iv)  if a municipality provides shelter in accordance with items (C), (D) and (E) of clause (iii) of this subparagraph, then such municipality shall, within sixty days, notify  the  office  of  children  and  family services  in  writing  of  the  circumstances that made the provision of shelter  necessary,  efforts  made  by  the  program  to  find  suitable alternative  living arrangements for such youth, and the outcome of such efforts. If the office determines that such shelter  was  inappropriate, the  office  may  instruct  the  program  on how to seek a more suitable alternative living arrangement.  (4) Such plan shall also provide for the designation and duties of the runaway and homeless youth service coordinator defined in  section  five hundred  thirty-two-a  of this chapter who is available on a twenty-four hour basis and maintains information concerning available shelter space, transportation and services.  (5) Such plan may include provision for the per diem reimbursement for residential care of runaway and homeless youth in certified  residential runaway and homeless youth programs which are authorized agencies.   a-1.  Each  municipality  that  does not submit a runaway and homeless youth plan in accordance with paragraph a  of  this  subdivision,  shall include   within   their   comprehensive   plan  submitted  pursuant  to subdivision one of this section, an assessment of the  need  within  the municipality for services to assist runaway and homeless youth and youth in  need  of  crisis intervention or respite services. Provided however, that state aid to provide for runaway and homeless youth services  shall be  from  and  limited to funds appropriated separately for such runaway and homeless youth program purposes by  the  state,  and  shall  not  be included under the limits set forth in subdivision one of this section.   b. Each municipality shall submit to the office of children and family services  such  additional  information  as  the  office  shall require, including but not limited to:  (1) A description of  the  current  runaway  and  homeless  population including  their  age, place of origin, family status, service needs and eventual disposition;  (2) A description of the public and  private  resources  available  to serve runaway and homeless youth within the municipality;  (3)  A description of new services to be provided and current services to be expanded.    c. The office of children and family services shall review  such  plan in accordance with subparagraph two of paragraph c of subdivision one of this  section  and  may  approve  or  disapprove  such plan or any part, program, or project within such plan, and may propose such modifications and conditions as deemed appropriate and necessary.   d.  (1)  Municipalities  having an approved runaway and homeless youth plan pursuant to this subdivision shall be entitled to reimbursement  by the state for sixty percent of the entire amount of the expenditures for programs  contained  in  such plan as approved by the office of children and family services, after first  deducting  therefrom  any  federal  or other  state  funds  received  or to be received on account thereof. All reimbursement pursuant to this subdivision shall be from and limited  to funds  appropriated  separately  for  such  runaway  and  homeless youth program purposes by the state, and  shall  not  be  included  under  the limits set in subdivision one of this section. A municipality's share of the cost of such programs may be met in part by donated private funds or in-kind  services,  as defined by the office, provided that such private funding or receipt of services shall not in the aggregate be  more  than fifty percent of such municipality's share.  (2)  Notwithstanding  any inconsistent provision of law and subject to funds  appropriated  separately  therefor,  a  municipality  having   an approved  runaway  and homeless youth plan which includes provisions for transitional independent living support programs shall  be  entitled  to reimbursement by the state for sixty percent of the entire amount of the approved   expenditures  for  transitional  independent  living  support programs contained in the plan as approved by the office of children and family services. The municipality's share of the cost of  such  programs may  be  met by donated private funds or in-kind services, as defined by the office, provided that such receipt of in-kind services shall not  in the aggregate be more than fifty percent of such municipality's share.   3.  For  the  purpose  of  reimbursement  by the state, administrative expenses shall include compensation for  personal  services  paid  by  a municipality,  to  any  employee  for  the  purpose of administering the benefits provided by this article. No state reimbursement shall be made, however, for such compensation  paid  to  any  employee  who  lacks  the qualifications  necessary  for the work or who, after a trial period, is considered by the commissioner unable to do satisfactory work.   4. Moneys appropriated for use of the commissioner shall be  paid  out of  the  state  treasury on the certificate of the commissioner or of an officer of the office designated by the commissioner, after audit by and upon the warrant of the comptroller.   5. a. Notwithstanding any  other  provision  of  law,  the  office  of children and family services shall plan for the statewide implementation by  the  thirty-first  day  of December, two thousand eight, of a county child and family services plan  that  combines  the  comprehensive  plan required  by  this section and the multi-year consolidated services plan required by section thirty-four-a of the  social  services  law  into  a single plan.   b.  All  counties  shall  implement a county child and family services plan prior to or for the two thousand eight plan year in accordance with a schedule developed by the office of children and family  services  and shall continue to implement such a plan thereafter. With the approval of such  office,  a  county  may implement a child and family services plan before the date required by such schedule.   c. The office of children and family services may waive any regulatory requirements relating to the content and timing of  comprehensive  plans that  may impede the ability of a county to implement a county child and family services plan.    d. Nothing in this  subdivision  shall  be  deemed  to  affect  county planning requirements under the mental hygiene law.