2023 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.