NY Exec L § 529 (2021)
2021 New York Laws EXC - Executive Article 19-G - Office of Children and Family Services Title 4 - Support and Reimbursement 529 - Reimbursement for Institutional Care, Aftercare Supervision and Foster Care.

§ 529. Reimbursement for institutional care, aftercare supervision and foster care. 1. Definitions. As used in this section:  (a) "authorized agency", "certified boarding home", "local charge" and "state  charge"  shall  have  the  meaning ascribed to such terms by the social services law;  (b) "aftercare supervision" shall  mean  supervision  of  released  or discharged youth, not in foster care; and,  (c)  "foster  care"  shall  mean  residential  care,  maintenance  and supervision provided released or discharged youth, or youth otherwise in the custody of the division for youth, in a division foster family  home certified by the division.  (d)  "division foster family home" means a service program provided in a home setting available to youth under the jurisdiction of the division for youth.   2. Expenditures made by the office of children and family services for care, maintenance and supervision furnished youth, including alleged and adjudicated juvenile delinquents and persons  in  need  of  supervision, placed or referred, pursuant to titles two or three of this article, and juvenile   offenders,   youthful   offenders  and  adolescent  offenders committed pursuant to the  penal  law,  in  the  office's  programs  and facilities, shall be subject to reimbursement to the state by the social services  district  from  which  the  youth  was placed or by the social services district in which the juvenile offender resided at the time  of commitment,  in  accordance with this section and the regulations of the office, as follows: fifty percent  of  the  amount  expended  for  care, maintenance   and   supervision  of  local  charges  including  juvenile offenders.   4. Expenditures made by the division for youth for foster  care  shall be subject to reimbursement to the state by the social services district from  which  the youth was placed, in accordance with the regulations of the division, as follows: fifty percent of the amount expended for care, maintenance and supervision of local charges.   5. (a) Expenditures made by  the  division  for  youth  for  aftercare supervision shall be subject to reimbursement to the state by the social services  district  from  which the youth was placed, in accordance with regulations of the division, as follows: fifty  percent  of  the  amount expended for aftercare supervision of local charges.  (b)  Expenditures  made  by  social  services  districts for aftercare supervision of adjudicated juvenile delinquents and persons in  need  of supervision provided (prior to the expiration of the initial or extended period  of  placement  or  commitment)  by  the  aftercare  staff of the facility from which the youth has been  released  or  discharged,  other than  those  under  the jurisdiction of the division for youth, in which said youth was placed or committed, pursuant to directions of the family court, shall be subject to reimbursement by the state, upon approval  by the division and in accordance with its regulations, as follows:  (1) the full amount expended by the district for aftercare supervision of state charges;  (2) fifty percent of the amount expended by the district for aftercare supervision of local charges.  (c)  Expenditures  made  by  the  division  for  youth  for contracted programs and  contracted  services  pursuant  to  subdivision  seven  of section  five  hundred one of this article, except with respect to urban homes and group homes, shall be subject to reimbursement to the state by the social services  district  from  which  the  youth  was  placed,  in accordance  with  this  section  and  the regulations of the division as follows: fifty percent of the amount  expended  for  the  operation  and maintenance of such programs and services.    5-a. The social services district responsible for reimbursement to the state shall remain the same if during a period of placement or extension thereof,  a  child  commits a criminal act while in a division facility, during an authorized absence therefrom or after absconding therefrom and is returned to the division following adjudication or conviction for the act  by  a  court with jurisdiction outside the boundaries of the social services district which was responsible for reimbursement to  the  state prior to such adjudication or conviction.   6.  Separate  per diem rates shall be computed, as provided below, for all of the following categories of care reimbursable  pursuant  to  this section:  institutional  care  in office of children and family services facilities; foster care provided by the office of  children  and  family services;  contracted  programs  and  contracted  services  pursuant  to subdivision seven of section five hundred one of this article;  programs provided  by  the office of children and family services as alternatives to institutional care; aftercare supervision  provided  by  the  office; and,  aftercare  supervision provided by authorized agencies, other than the office, on behalf of social services districts.  (a) No later than December  thirty-first  each  year,  the  office  of children  and family services shall provide the speaker of the assembly, the temporary president of the senate,  and  social  services  districts with  a  detailed  report  on  total  cost and the operating capacity at office of children and  family  services  facilities  during  the  prior calendar  year.  Such  report  shall  include but need not be limited to information on costs related to labor, physical  plant  maintenance  and food  and  utility  expenditures  as  well as information on the maximum number of juveniles that can be placed in office facilities and staffing levels at such facilities. Such report shall also include information on juveniles that have been moved from one facility to another  during  the calendar  year  and  shall name the facilities from which such juveniles were moved and in which they were later placed. If the  report  provided pursuant  to  this  paragraph is based, in whole or in part, on an audit performed on behalf of the office of children and family  services,  the office   of  children  and  family  services  shall  provide  the  state legislature and social services districts with a copy of such  audit  at the time it provides the report for the prior calendar year.  (b) The director of the division for youth, subject to approval of the director  of  the budget and certification to the chairmen of the senate finance and assembly ways and means committees, shall compute a separate rate  according  to  which  all  social  services  districts  shall   be reimbursed  for  care,  maintenance  and  supervision  provided  by each authorized agency; provided, however, the basic rate for each agency may be supplemented or reduced to reflect cost  variations  attributable  to transportation, medical care and other direct costs.  (c) The director of the division for youth, subject to the approval of the  director  of  the  budget  and certification to the chairmen of the senate finance and assembly ways and means committees, may  establish  a single  per  diem  rate  for  all  division  facilities or may establish separate rates as may be appropriate to  reflect  the  differentials  in cost of specific division programs.   8.  The director of the division for youth may adopt, amend or rescind all rules and regulations, subject to the approval of  the  director  of the  budget  and certification to the chairmen of the senate finance and assembly  ways  and  means  committees,  necessary  to  carry  out   the provisions  of  this  section,  including those necessary to insure that reimbursement for care, maintenance  and  supervision  in  division  and non-division facilities is determined according to comparable criteria.    9.  All  reimbursement  made  by  social  services districts for care, maintenance and supervision under this section shall be paid directly to the state through the office of children and family services for deposit into a miscellaneous special revenue fund known as  the  youth  facility per diem account.