2023 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, 2027
* Public foster care funds; ineligibility.
* NB Effective June 30, 2027
* 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, 2027
* 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, 2027
* 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, 2027
* 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, 2027
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, 2027