New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter F - Finance; Claims for Reimbursement by Social Services Districts › Article 3 - Maintenance Assistance Reimbursement Claiming › Part 628 - Child Care and Foster Care Reimbursement Claiming › Section 628.1 - Reimbursement for child care, including foster care and adoption assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reimbursement
			 for expenditures for assistance provided to dependent children in foster care
			 and for the care and protection of children shall be claimed on schedules and
			 formats prescribed by the department and in accordance with instructions of the
			 department. Amounts for reimbursement which may be claimed as foster care and
			 adoption assistance pursuant to title IV-E of the Federal Social Security Act,
			 or which may be claimed as federally reimbursed aid to dependent children or
			 which may be claimed under other programs for which there is Federal
			 participation, shall be claimed in a manner that results in the greatest
			 proportion of Federal participation, or alternatively shall be claimed in a
			 manner that does not increase the amount of State reimbursement above the
			 amount that would be available if the maximum amount of Federal participation
			 were obtained.
(b) Expenditures
			 made by social services districts for adoption assistance and for the care and
			 protection of children shall be subject to reimbursement by the State in
			 accordance with the provisions of title IV-E of the Social Security Act and
			 section 153  of the Social Services Law when
			 authorized pursuant to this Part; or the provisions of title IV-A of such act
			 and section 153  of the Social Services Law if such
			 expenditures are not eligible for reimbursement pursuant to title IV-E of such
			 act but are eligible for reimbursement under title IV-A of such act; or the
			 provisions of sections 153 and
			 456  of the Social Services Law if such
			 expenditures are not reimbursable pursuant to title IV-A or title IV-E of the
			 Social Security Act. When Federal participation is available for child care
			 services, Federal participation must be claimed in a manner that results in the
			 maximum amount of Federal participation or must be claimed in accordance with
			 department instructions or directions, including but not limited to the
			 following claiming principles:
(1) Amounts
			 expended shall not be claimed solely as title IV-E or title IV-A expenditures
			 if such amounts or any portion thereof may be claimed as an expenditure which
			 may be reimbursed under another program at an enhanced rate of Federal
			 participation.
(2) Amounts expended
			 as title IV-E expenditures shall be segregated from title IV-A expenditures
			 when claims for title IV-E reimbursement are made.
(3) Amounts claimed for reimbursement from
			 programs or activities, other than foster care or other child care programs,
			 which are not claimed for reimbursement under this Part, shall be claimed in
			 accordance with instructions and directions of the department.
(4) Amounts expended for child care services
			 for which an enhanced rate of Federal participation may be claimed shall be
			 claimed in a manner that will result in the additional Federal
			 participation.
(5) Amounts expended
			 for child care services which may be charged to other programs or activities
			 subject to Federal reimbursement shall be claimed pursuant to this Part only if
			 such amounts would have been in excess of a Federal reimbursement limit or
			 ceiling which had been established for such other programs and such amounts are
			 not subject to Federal reimbursement from another program or activity for which
			 there is a greater amount of Federal participation available.
(6) Amounts expended for child care services
			 in excess of any limit or ceiling established by sections 153-d, 153-e, 358-b,
			 409-b or other sections of the Social Services Law or other law or regulations
			 of the department shall not be reimbursable except in accordance with the
			 provisions of such law or regulation.
(7) Expenditures designated as expenditures
			 for dependent children in foster care and for the care and protection of
			 children shall be claimed in accordance with instructions and directions of the
			 department.