New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN › Section 427.6 - Foster family boarding home program-payments and State reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each social
			 services district must establish and submit to the department annually a
			 schedule of rates which it pays to foster family boarding homes for normal,
			 special, exceptional and extraordinary foster care services and clothing
			 replacement provided to children; however, State reimbursement for payments for
			 such care based upon such rates is limited to the maximum provided for in
			 subdivision (b) of this section.
(b) State reimbursement must be made only on
			 actual payments to certified or approved foster parents providing care for
			 children in foster family boarding homes up to the maximum levels established
			 by the department for normal, special, exceptional and extraordinary foster
			 care services and clothing replacement based upon data published by the U.S.
			 Bureau of Labor Statistics, and other generally accepted sources, relating to
			 the cost of raising children.
(c)
			 If approved by the department, social services districts are eligible to
			 receive State reimbursement for payments for special foster care services made
			 on behalf of children who:
(1) are boarded
			 out with foster parents who meet the criteria of subdivision (e) of this
			 section; and
(2) suffer from
			 pronounced physical conditions as a result of which a physician certifies that
			 the child requires a high degree of physical care; or
(3) are awaiting family court hearings on
			 PINS or juvenile delinquency petitions, or have been adjudicated as PINS or
			 juvenile delinquents; or
(4) have
			 been diagnosed by a qualified psychiatrist or psychologist as being moderately
			 developmentally disabled, emotionally disturbed or having a behavioral disorder
			 to the extent that they require a high degree of supervision; or
(5) are refugees or Cuban/Haitian entrants,
			 as defined in section
			 427.2(p) and (q) 
			 of this Part and are unable to function successfully in their communities
			 because of factors related to their status as refugees or entrants. Such
			 factors include but are not limited to, the inability to communicate
			 effectively in English, the lack of effective daily living skills and the
			 inability of the child to relate to others in the child's community;
			 or
(6) enter foster care directly
			 from inpatient hospital care. Such children are eligible for special foster
			 care services for a period of one year. Eligibility after one year will
			 continue only if the child meets one of the conditions described in paragraph
			 (2), (3), (4), (5) or (7) of this subdivision; or
(7) in the judgment of the local social
			 services commissioner, have a condition equivalent to those in paragraph (2),
			 (3), (4) or (5) of this subdivision. Special payments for foster children who
			 have the equivalent conditions described in this paragraph are approved if:
(i) a list of equivalent conditions has been
			 developed by the local social services commissioner and approved by the
			 department as eligible for special foster care services; or
(ii) individual, child specific requests for
			 special foster care services have been approved by the local social services
			 commissioner. Such child specific requests must be approved by the department
			 within 60 days after approval by the local social services
			 commissioner.