NY Soc Serv L § 387 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 1 - Care and Protection of Children 387 - Ineligibility for Public Foster Care Funds; Fiscal Penalties.

§ 387. * Ineligibility for public foster care funds; fiscal penalties.   * NB Effective until June 30, 2022   * Public foster care funds; ineligibility.   * NB Effective June 30, 2022   * 1.  The office of children and family services shall, by regulation, promulgate standards to determine that an authorized agency, or  one  or more  of  its  programs  or  facilities, is ineligible to receive public foster care funds or should be assessed a fiscal penalty. Such standards shall include the following:  (a) lack of public need, including but not limited  to  geographic  or programmatic  need,  for  the  agency  or one or more of its programs or facilities;  (b) failure of the agency to promote  the  placement  of  children  in permanent,  safe  family  homes  through  return  to  the children's own families or  through  adoption,  or  other  appropriate  objectives  for children,  as  measured by such factors as length of stay in foster care for children with similar personal and family characteristics; and  (c) a pattern or practice of repeated violation of the  provisions  of this  chapter or of the regulations of the office of children and family services promulgated thereunder.   * NB Effective until June 30, 2022   * 1. The department shall,  by  regulation,  promulgate  standards  to determine  that  an authorized agency, or one or more of its programs or facilities, is ineligible to receive  public  foster  care  funds.  Such standards shall include the following:  (a)  lack  of  public need, including but not limited to geographic or programmatic need, for the agency or one or  more  of  its  programs  or facilities;  (b)  failure  of  the  agency  to promote the placement of children in permanent family homes through return to the children's own families  or through  adoption,  or  other  appropriate  objectives  for children, as measured by such factors as length of stay in foster care  for  children with similar personal and family characteristics; and  (c)  a  pattern or practice of repeated violation of the provisions of this chapter  or  of  the  regulations  of  the  department  promulgated thereunder which have occasioned the denial of reimbursement pursuant to section  one  hundred  fifty-three-d  or three hundred ninety-eight-b of this chapter.   Such standards shall be developed with the participation of the  child welfare  standards advisory council established pursuant to section four hundred nine-h of this chapter  and  in  consultation  with  public  and voluntary   authorized   agencies,   citizens'   groups   and  concerned individuals and organizations including the state  council  on  children and families.   * NB Effective June 30, 2022   * 2.  A  determination  of ineligibility to receive public foster care funds or the assessment of a fiscal penalty shall be made upon a finding of substantial noncompliance with one or more of the standards developed and adopted pursuant to subdivision one of this section.  Such  findings and   determination  shall  be  made  in  accordance  with  the  hearing procedures set forth in section four hundred  sixty-d  of  this  chapter relating   to  the  revocation,  suspension  or  limiting  of  operating certificates. Such determination shall be subject to judicial review  in accordance  with  article  seventy-eight  of  the civil practice law and rules.   * NB Effective until June 30, 2022   * 2. A determination of ineligibility to receive  public  foster  care funds shall be made upon a finding of substantial noncompliance with one  or  more  of the standards developed and adopted pursuant to subdivision one of this section. Such findings and determination shall  be  made  in accordance with the hearing procedures set forth in section four hundred sixty-d  of  this  chapter  relating  to  the  revocation, suspension or limiting of operating certificates. Such determination shall be  subject to judicial review in accordance with article seventy-eight of the civil practice law and rules.   * NB Effective June 30, 2022   3.  A  determination  of  ineligibility  to receive public foster care funds shall specify whether it applies to the agency generally or  to  a particular program or facility of the agency.   4.  A social services official shall not purchase foster care from any authorized agency, or  program  or  facility  thereof,  which  has  been determined  to  be  ineligible  to  receive  public foster care funds in accordance with the provisions of this section. Any contract  between  a social  services  district and an authorized agency shall be deemed null and void to the extent that it is inconsistent with  the  provisions  of this subdivision.   5.  The  commissioner  shall  report  forthwith  in  writing,  to  the governor, the temporary president of the senate and the speaker  of  the assembly  with  respect  to  each  case  in  which  a  determination  of ineligibility to receive public foster care funds has been made pursuant to this section.  Such report shall contain the name of the  agency  and the reason or reasons for the determination of ineligibility.   * 6.  Any fiscal penalty received by the office of children and family services pursuant to this section shall be deposited to  the  credit  of the  children  and  family services quality enhancement fund established pursuant to section ninety-seven-yyy of the state finance law.   * NB Repealed June 30, 2022