2023 New York Laws › SOS - Social Services › Article 5 - Assistance and Care › Title 2 - State Reimbursement for Public Assistance and Care › 153-K - Funding for Children and Family Services.

* §   153-k.   Funding  for  children  and  family  services.  1.  (a)
Expenditures made by social  services  districts  for  child  protective
services,  preventive  services  provided,  as  applicable,  to eligible
children and families of children who are in  and  out  of  foster  care
placement, independent living services, aftercare services, and adoption
administration  and  services  other  than  adoption  subsidies provided
pursuant to article six of this  chapter  and  the  regulations  of  the
department  of  family  assistance  shall,  if approved by the office of
children and family services, be subject  to  sixty-five  percent  state
reimbursement  exclusive  of  any  federal funds made available for such
purposes, in accordance with the directives of the department of  family
assistance and subject to the approval of the director of the budget.
(b)  Claims  for  preventive  services and independent living services
submitted by  a  social  services  district  for  reimbursement  may  be
comprised  of  in-kind,  indirect  services,  and  non-tax  levy  funds,
including but not limited to privately donated funds,  up  to  the  same
amount as the social services district's claims for such services during
federal  fiscal  year  nineteen  hundred  ninety-eight--ninety-nine were
comprised  of  in-kind,  indirect  services  and  non-tax  levy   funds;
provided, however, that up to seventeen and one-half percent of a social
services  district's  claims  for  preventive  services  and independent
living services may be comprised  of  privately  donated  funds  if  the
percentage  of  its claims comprised of privately donated funds was less
than seventeen and one-half percent during federal fiscal year  nineteen
hundred     ninety-eight--nineteen    hundred    ninety-nine.    Federal
reimbursement of such claims shall  be  available  only  to  the  extent
permitted by federal law or regulations.
2.  (a) Notwithstanding the provisions of this chapter or of any other
law to the contrary, eligible expenditures by a social services district
for  foster  care  services shall be subject to reimbursement with state
funds only to the extent of annual appropriations to  the  state  foster
care  block  grant. Such foster care services shall include expenditures
for the provision and administration of: care, maintenance, supervision,
tuition, and transportation costs related to the education of  a  foster
child  or  youth  incurred in accordance with paragraph c of subdivision
four of section thirty-two hundred  forty-four  of  the  education  law;
supervision  of  foster  children  placed  in federally funded job corps
programs; and care, maintenance, supervision and tuition for adjudicated
juvenile delinquents and  persons  in  need  of  supervision  placed  in
residential programs operated by authorized agencies and in out-of-state
residential  programs;  except that, notwithstanding any other provision
of law to the contrary, reimbursement with state funds pursuant  to  the
state  foster  care  block  grant  shall  not  be  available for tuition
expenditures  for  foster  children,  including  persons  in   need   of
supervision  and  adjudicated  juvenile  delinquents,  made  by a social
services district located within a  city  having  a  population  of  one
million  or  more.  Social services districts must develop and implement
children and family services  delivery  systems  that  are  designed  to
reduce  the  need  for and the length of foster care placements and must
document their efforts in the multi-year consolidated services plan  and
the   annual   implementation  reports  submitted  pursuant  to  section
thirty-four-a of this chapter.
(b) State reimbursement to each  social  services  district  shall  be
limited to the district's allocation of the foster care block grant. The
state  funds  appropriated  for  the  foster  care  block grant shall be
apportioned among  the  social  services  districts  by  the  office  of
children  and  family  services based on the district's claiming history

and other factors. Such apportionments shall be subject to the  approval
of the director of the budget.
(c) Any portion of a social services district's apportionment from the
foster  care  block grant for a particular state fiscal year that is not
claimed by such district during that state fiscal year may  be  used  by
such  district  for  preventive services, independent living services or
aftercare services claimed by such district during the next state fiscal
year up to the amount remaining from the district's  foster  care  block
grant  apportionment;  provided, however, that any claims for preventive
services, independent living services or aftercare services  during  the
next  state  fiscal  year  in  excess of such amount shall be subject to
state reimbursement pursuant to subdivision one  of  this  section.  Any
claims  submitted  by a social services district for reimbursement for a
particular state fiscal year for which the social services district does
not receive state or federal reimbursement during that state fiscal year
may not be claimed against that district's block grant apportionment for
the next state fiscal year.
3. To the extent that monies are made available to the commissioner of
the office of children and family services from the children and  family
services  quality  enhancement  fund  established  pursuant  to  section
ninety-seven-yyy of the state finance law, the office  of  children  and
family  services  is  authorized  to  conduct activities to increase the
availability and/or quality of children  and  family  services  programs
which  may  include, but not be limited to, staff recruitment, retention
and  training  activities,  research  projects,  and  targeted  services
expansion  and/or  demonstration  projects to test innovative models for
service delivery which may include such areas as health,  mental  health
and  substance  abuse  services.  Notwithstanding  sections  one hundred
twelve and one hundred  sixty-three  of  the  state  finance  law,  such
activities  shall  be  conducted  without competitive bid or request for
proposal.
4.  (a)  A  social  services  district,  either  individually  or   in
combination  with other social services districts, may establish managed
care systems or other systems to provide children  and  family  services
other  than child protective services investigations, in accordance with
applicable laws and regulations. Such a system may include, but  not  be
limited to, the establishment of capitated rates for service provided to
children  to prevent the placement of such children into foster care and
to discharge such children from foster care to suitable, permanent, safe
homes in a more timely manner through preventive  services,  intensified
discharge  planning,  pre-adoptive  services, after-care services and/or
post-adoption services.
(b) Social services district payments to case managers  or  public  or
private   service  providers  under  such  a  system  may  be  based  on
reimbursement rates established by the office  of  children  and  family
services  pursuant  to  section  three  hundred  ninety-eight-a  of this
chapter, capitated rates or  other  payment  mechanisms  for  all  or  a
portion  of  the  services, either separately or combined. To facilitate
payments to case managers or  providers,  the  office  of  children  and
family  services  may establish procedures for standardizing payments to
managers or providers that enter into  agreements  with  more  than  one
social services district.
(c)  Under  such  a  system,  a  social services district may delegate
responsibility  for  case  management  services  to  case  managers   or
providers  in  a  manner  designed  to  afford  case manager or provider
accountability through the incorporation of  quality  control  standards
that provide appropriate monitoring of these services such as recognized

accreditation  mechanisms,  performance  audits  by  the social services
district or other means.
(d)  Under such a system, a social services district, in a purchase of
service agreement for preventive services with an authorized agency, may
delegate to such authorized agency the responsibility for approving  and
paying  rent  subsidies or assistance under paragraph (c) of subdivision
five and/or subdivision seven of section four  hundred  nine-a  of  this
chapter.
(e)(i)  A  social  services  district  must  obtain the office's prior
approval of its plan for establishing and implementing such a system, in
accordance with guidelines established by the  office  of  children  and
family services.
(ii) Such a plan may include requests for a waiver of any statutory or
regulatory  requirements established pursuant to sections thirty-four-a,
four hundred nine-d and four hundred nine-e of  this  chapter  regarding
the  form,  content,  development,  or  amendment  of  the child welfare
services plan component of the multi-year services plan and  the  annual
implementation reports, family services plans and uniform case records.
(iii)  Any  request  by  a social services district for a waiver shall
identify the specific statute or regulation to be waived, and include  a
justification  for the waiver and alternative actions to be taken by the
social services district to satisfy  the  purposes  of  the  statute  or
regulation.  The  office  of  children and family services may grant any
such waiver request, subject to the approval  of  the  director  of  the
budget,  where  the  social  services  district  applying for the waiver
demonstrates a reasonable administrative or  programmatic  justification
for  the waiver. The potential fiscal impact of the waiver upon federal,
state and local governments shall be evaluated by the office of children
and family services as part of its review of the request for  a  waiver.
The  office  of  children  and family services may impose durational and
other reasonable conditions if an approval of  the  waiver  is  granted.
Where  a  waiver  is granted, the office of children and family services
shall have the  authority  to  establish  alternative  standards  to  be
followed by social services officials. The office of children and family
services  may  not  grant  a  waiver  that  would  fail  to  comply with
applicable  federal  statutory  or  regulatory  standards.  The   social
services  district  may  not  revise local practice or policy unless and
until the office of children and family services approves the waiver.
(iv) The office of children and family services shall  provide  notice
to  the  governor  and  the  legislature  of  each plan that is approved
including a brief description of the plan and any  waivers  granted  and
any  alternative  standards  established.  The  office  shall provide an
annual  report  to  the  governor  and  the  legislature  regarding  the
implementation  of  all approved plans during a calendar year by January
thirty-first of the following year.
5.  (a)  Social   services   districts   shall   conduct   eligibility
determinations  and  submit  claims  for  reimbursement in such form and
manner and at such times and for  such  periods  as  the  department  of
family assistance shall determine.
(b)  When  certified  by  the  department  of family assistance, state
reimbursement shall be paid from the state treasury upon the  audit  and
warrant of the comptroller out of funds made available therefor.
(c)   The  department  of  family  assistance  is  authorized  in  its
discretion to make advances to social services districts in anticipation
of the state reimbursement provided for in this section.
6. (a) Payment of state reimbursement and advances shall  be  made  to
the  fiscal  officer  of  the  social services district entitled thereto
pursuant to the provisions of this chapter.
(b) Any inconsistent  provision  of  the  law  or  regulation  of  the
department  of  family  assistance  notwithstanding, state reimbursement
shall not be made for any expenditure made for the  duplication  of  any
grant or allowance for any period.
7.  The office of children and family services shall not reimburse any
claims for expenditures for those children and family services set forth
in subdivisions one and two of this section that are submitted more than
twenty-two months after the calendar quarter in which  the  expenditures
were made.
8.  Claims  submitted  by a social services district for reimbursement
shall be paid after deducting any expenditures defrayed by  fees,  third
party  reimbursement, and any non-tax levy funds including donated funds
that exceed the amount  that  may  be  claimed  for  state  and  federal
reimbursement  pursuant  to  paragraph  (b)  of  subdivision one of this
section.
9. Notwithstanding any other provision of law, the state shall not  be
responsible  for  reimbursing  a social services district and a district
shall not  seek  state  reimbursement  for  any  portion  of  any  state
disallowance  or sanction taken against the social services district, or
any federal disallowance attributable to final federal agency  decisions
or  to  settlements  made,  on  or  after  July  first, nineteen hundred
ninety-five, when such disallowance or sanction results from the failure
of the  social  services  district  to  comply  with  federal  or  state
requirements,  including,  but  not  limited  to,  failure  to  document
eligibility for the federal or state funds in the case record; provided,
however, if the office of children and family services  determines  that
any  federal  disallowance  for services provided between January first,
nineteen hundred ninety-nine  and  May  thirty-first,  nineteen  hundred
ninety-nine  results  solely  from  the  late  enactment  of  the  state
legislation implementing the federal adoption and safe families act, the
state  shall  be  solely  responsible  for  the  full  amount   of   the
disallowance  or  sanction. This provision shall be deemed to apply both
prospectively and retroactively regardless of whether  the  disallowance
or  sanction  is  for services provided or claims made prior to or after
April first, two thousand two.
10. (i) In accordance with regulations  developed  by  the  office  of
children  and  family services, the office shall measure each district's
compliance with the federal child welfare outcome standards beginning no
later than twenty months after the effective date of this  section.  The
office  is  authorized  to  impose  fiscal  penalties  against  a social
services district that fails to substantially comply  with  the  outcome
standards  or  to  make  sufficient  progress towards complying with the
outcome standards after developing and implementing a corrective  action
plan  in the time and manner approved by the office. The imposition of a
fiscal penalty shall be subject  to  an  appeal  process  set  forth  in
regulation.  Any fiscal penalties received by the office of children and
family services pursuant to this subdivision 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.  For  social  services districts in counties with less than fifteen
thousand children under the age of eighteen, the office  may  waive  the
fiscal  penalties  and  the  need  for  a  corrective action plan if the
failure to substantially comply with the outcome standards was based  on
extraordinary circumstances. The office may provide fiscal incentives to
social  services  districts  with high performances on the federal child
welfare outcome standards. A social services district may pass on to its
contract agencies  some  portion  of  the  fiscal  penalties  or  fiscal
incentives that may be attributable to such agencies.
(ii) The office shall provide an annual report to the governor and the
legislature   detailing:   each  county's  performance  on  the  outcome
standards, the amount of fiscal penalties imposed against  each  county,
and  the  amount  of  fiscal  penalties collected from each county. Said
report  shall  be  delivered to the director of the budget, the chair of
the senate finance committee and the chair  of  the  assembly  ways  and
means committee annually on a calendar year basis, by March fifteenth of
the following year.
11.  The  office  of  children  and  family  services  shall  submit a
preliminary report to the governor and the legislature on or before  the
thirty-first  day  of  December, two thousand four providing preliminary
data and information on the implementation of this  section,  and  shall
submit  a final report by the fifteenth day of August, two thousand five
assessing the implementation of and  the  outcomes  resulting  from  the
children  and  family  services financing provisions established by this
section through the thirtieth day of June, two thousand five. The  final
report  shall  include  information  regarding  services delivery trends
under the financing structure set forth in this section  and  innovative
models of service provision to be considered for replication.
12.  Notwithstanding  any  law  to  the  contrary, on or after January
first, two thousand twenty, the state shall not reimburse for  the  cost
of  any  placement of persons in need of supervision under article seven
of the family court act.
* NB Repealed June 30, 2027