NY Exec L § 529-B (2021)
2021 New York Laws EXC - Executive Article 19-G - Office of Children and Family Services Title 4 - Support and Reimbursement 529-B - Supervision and Treatment Services for Juveniles Program.

§  529-b. Supervision and treatment services for juveniles program. 1. (a) Notwithstanding any provision  of  law  to  the  contrary,  eligible expenditures  by  an  eligible  municipality for services to divert from detention, residential placement or confinement,  as  applicable,  youth who  are:  (i)  at  risk  of,  alleged to be, or adjudicated as juvenile delinquents; (ii) at risk of, or alleged to be or adjudicated as persons in need of supervision; (iii) alleged to be  or  convicted  as  juvenile offenders; (iv) alleged to be or convicted as youthful offenders; or (v) alleged  to  be or convicted as adolescent offenders shall be subject to state reimbursement under the supervision  and  treatment  services  for juveniles  program  for  up  to  sixty-two percent of the municipality's expenditures, subject to available appropriations and exclusive  of  any federal  funds  made  available  for  such  purposes,  not to exceed the municipality's distribution under the supervision and treatment services for juveniles program.  (b) The state funds appropriated for  the  supervision  and  treatment services   for  juveniles  program  shall  be  distributed  to  eligible municipalities by the office of children and family services based on  a plan  developed  by the office which may consider historical information regarding the number of youth seen at probation intake  for  an  alleged act  of  delinquency,  the  number  of  youth remanded to detention, the number of juvenile delinquents placed with the  office,  the  number  of juvenile  delinquents  and  persons  in  need  of  supervision placed in residential care with the municipality, the municipality's reduction  in the  use  of  detention and residential placements, and other factors as determined by the office. Such plan developed by  the  office  shall  be subject  to  the  approval  of the director of the budget. The office is authorized, in its  discretion,  to  make  advance  distributions  to  a municipality in anticipation of state reimbursement.   2. As used in this section, the term:  (a)  "municipality" shall mean a county, or a city having a population of one million or more and  (b) "supervision and treatment  services  for  juveniles"  shall  mean community-based  services  or programs designed to safely maintain youth in the community pending a family court  disposition  or  conviction  in criminal  court  and  services  or  programs  provided to eligible youth pursuant to this section.   3. Supervision and treatment services for juveniles  may  include  but are not limited to services or programs that:  (a)  provide  or  facilitate  support  to such youth for mental health disorders, substance  abuse  problems,  or  learning  disabilities  that contribute  to  such  youth  being  at  risk  for detention, residential placement, confinement or return to detention or residential placement;  (a-1) provide or facilitate support  to  youth  who  are  eligible  to receive  services  pursuant  to  subparagraph  (ii)  of paragraph (a) of subdivision one of this section, and their families, in  family  support services  programs in accordance with title twelve of article six of the social services law;  (b) provide temporary respite care, including,  but  not  limited  to, respite provided pursuant to article seven of the family court act;  (c)  provide  family  therapy  or support or explore alternate housing options for youth who are at risk for detention or placement due to  the absence of an available home;  (d)   provide  post-release  support  within  the  youth's  community, including, but not limited to aftercare services; or  (e) reduce arrest rates or recidivism.   3-a. (a)  The  chief  executive  officer  of  the  municipality  shall designate  a  lead agency for the purposes of planning and administering  the municipality's supervision  and  treatment  services  for  juveniles program.    In  order  for  a  municipality  to  be  eligible to receive reimbursement pursuant to this section, such municipality must submit an annual  plan to the office of children and family services detailing how the supervision and treatment services for juveniles  will  be  provided within  the  municipality.  Two or more eligible municipalities within a close geographic proximity to each other may enter into an agreement  to jointly  seek  funding  for  and  jointly  administer  a supervision and treatment services for juveniles programs to service eligible youth  and families within such municipalities in accordance with this section. The municipality  shall develop such plan in cooperation with the applicable local  governmental   departments   responsible   for   probation,   law enforcement,  detention,  diversion,  and  social services; and with the courts, service providers, schools and youth development  programs.  The plan   must   be   approved  by  the  chief  executive  officer  of  the municipality, and must include:  (i) an analysis that identifies the neighborhoods or communities  from which the greatest number of juvenile delinquents and persons in need of supervision are remanded to detention or residentially placed;  (ii)  where  the  use  of  detention  or  residential placement in the municipality shows a significant racial or ethnic disproportionality,  a description  of  how the services proposed for funding will address such disproportionality;  (iii) a description of how the  services  and  programs  proposed  for funding  will  reduce  the number of youth from the municipality who are detained and residentially or otherwise placed; how  such  services  and programs  are family-focused; and whether such services and programs are capable of being replicated across multiple sites;  (iv) a description of the demonstrated effectiveness of such  services and  programs  or  other justification why the services and programs are proposed for funding;  (v) projected performance outcomes for  such  services  and  programs, including  an  estimate  of  the  anticipated  reductions  in  detention utilization and residential placements,  and  other  projected  positive outcomes for youth who participate in the services and programs; and  (vi) for each year that the municipality submits a plan as required by this  section,  the  municipality must provide the following information for the most recent preceding year for which such municipality  received funding:  (A)  the number of youth who participated in the services and programs funded pursuant to this section; and  (B)  whether  the  services  and  programs  achieved   the   projected reductions in detention utilization and residential placements and other performance outcomes.  (b) A municipality's plan shall be submitted to the office of children and  family services for review and approval. The office may approve all or part of the plan based on the potential effectiveness of the plan.  (i) If the office does not approve a plan, the municipality shall have sixty days to submit an amended plan.  (ii) Upon approval of a plan, the office shall notify the municipality and post the approved plan on the office of children and family services website.  (c) The office may require that such claims be submitted to the office electronically in the manner and format required by the office.  (d) Any municipality submitting claims for reimbursement shall certify to the office that supervision  and  treatment  services  for  juveniles program funds were not used to supplant other state and local funds, and such  claims  for  reimbursement  are not for the same type and level of  services that the municipality provided under any contract in  existence on  September  thirtieth,  two  thousand  ten that was funded other than through the office of children and family services as community optional preventive,  alternatives  to  detention,  alternatives  to  residential placement, preventive, independent living, or after care services.   4. Two or more eligible municipalities may join together to establish, operate and maintain supervision and treatment  services  for  juveniles programs  and  may  make and perform agreements in connection therewith. Such agreements shall include provisions for the proportionate  cost  to be  borne  by  each  municipality  and  for  the manner of employment of personnel and may provide that a fiscal officer of one such municipality shall be the custodian of the moneys made available for expenditure  for such  purposes  by  all such municipalities and that such fiscal officer may make payments therefrom upon audit of the appropriate auditing  body or officer of his municipality. In making claims for state reimbursement pursuant  to  this  section,  each  municipality  shall  claim  for  its proportionate  share  of  expenditures.  However,  where  the  agreement provides  for  a  disbursing  municipality, such disbursing municipality shall claim for the total joint  program  expenditures  made  and  shall disburse  the  state  reimbursement  to  each participating municipality based upon the proportionate share of each participating  municipality's expenditures.   5.  The  office  of  children  and family services shall report to the governor, the speaker of the assembly, the temporary  president  of  the senate,  the  minority leader of the assembly and the minority leader of the senate no later than July first, two thousand twelve, and each  year thereafter, detailing the implementation and progress of the supervision and  treatment  services  for  juveniles program, as established by this section. The report shall detail  the  following  information  for  each municipality, as defined by this section:  (a)  the  amount  of  funds disbursed to date for the previous program year of the supervision and treatment services for juveniles program;  (b) the amount of juvenile detention funds distributed by such date in accordance with section five  hundred  thirty  of  this  title  for  the previous  program  year  and,  if any, the amount of such funds used for supervision and treatment services for juveniles program;  (c) the number of alleged and  adjudicated  juvenile  delinquents  and persons  in  need  of  supervision  and  alleged  and convicted juvenile offenders being served by such programs; and  (d) each program name and its provider.