NY Pub Health L § 2558 (2021)
2021 New York Laws PBH - Public Health Article 25 - Maternal and Child Health Title 2-A - Early Intervention Program for Infants and Toddlers With Disabilities and Their Families 2558 - Responsibility for Certain Temporary-Resident Infants and Toddlers With Disabilities.

§  2558.  Responsibility  for  certain  temporary-resident infants and toddlers  with  disabilities.  1.  Definitions.  In  addition   to   the definitions  contained  in section twenty-five hundred forty-one of this title, the following terms shall have the following meanings:  (a) "Foster child"  shall  mean  a  child  in  the  care,  custody  or guardianship of a commissioner of a local social services district.  (b)  "Homeless  child"  shall  mean  a child placed in a hotel, motel, shelter, or other temporary housing arrangement  by  a  social  services district because of the unavailability of permanent housing.  (c)  "Municipality  of  current location" shall mean a municipality in which a child lives which is different from the municipality in which  a child  or  such  child's  family  lived  at  the  time a social services district assumed responsibility for  the  placement  of  such  child  or family  or at the time the child was admitted for care or treatment in a facility licensed or operated by another state agency.  (d) "Municipality of residence" shall mean the municipality in which a child or such child's family lived at the time the local social services district assumed responsibility or custody for such child or  family  or at  the  time the child was admitted for care or treatment in a facility licensed or operated by another state agency.  (e) "Child in residential care" shall mean an infant or toddler living in a residential facility licensed or operated by a  state  agency.  For the  purposes  of  subdivisions  two,  three and four of this section, a child in residential care shall be deemed to be a homeless child.   2. Evaluation and IFSP responsibility.  The  municipality  of  current location  of  a  foster child or homeless child shall be responsible for the evaluation and IFSP procedures prescribed for an infant  or  toddler suspected  of  having a disability. The municipality of current location shall identify  to  the  commissioner  each  eligible  foster  child  or homeless  child,  and the municipality of current location of such child shall also transmit a copy of the IFSP and cost of service of such child to the municipality of residence.   3. Contract and payment responsibility. The  municipality  of  current location  shall  be  the  municipality  of record for an eligible foster child or homeless child for the purposes of this  title,  provided  that notwithstanding  the provision of subdivision two of section twenty-five hundred fifty-seven of this title, the state shall reimburse one hundred percent of the approved costs paid by such municipality which  shall  be offset  by  the  local  contribution due pursuant to subdivision four of this section.   4.  Local  contribution.  The  municipality  of  residence  shall   be financially  responsible  for  the  local  contribution in the amount of fifty percent of the amount expended  provided,  however,  that  in  the discretion  of  the  department and with the approval of the director of the division of the  budget,  in  accordance  with  subdivision  two  of section  twenty-five  hundred  fifty-seven of this title, the department may require that municipalities be financially responsible for  a  local contribution  in  an  amount  less  than  fifty  percent  of  the amount expended. The commissioner shall certify to the comptroller  the  amount of  the  local  contribution owed by each municipality to the state. The comptroller shall deduct the amount of  such  local  contribution  first from  any  moneys  due  the municipality pursuant to section twenty-five hundred fifty-six of this title and then from any other moneys due or to become due to the municipality.