N.Y. Executive Law § 420: State aid

§ 420. State aid. 1. a. (1) Each municipality operating a youth

development program approved by the office of children and family

services shall be eligible for one hundred percent state reimbursement

of its qualified expenditures, subject to available appropriations and

exclusive of any federal funds made available therefor, not to exceed

the municipality's distribution of state aid under this article.

(2) The state aid appropriated for youth development programs shall be

distributed by the office of children and family services to eligible

municipalities that have an approved comprehensive plan pursuant to

subparagraph two of paragraph c of this subdivision. Such state aid

shall be limited to the funds specifically appropriated therefor and

shall be based on factors that shall include the number of youth under

the age of twenty-one residing in the municipality as shown by the last

published federal census certified in the same manner as provided by

section fifty-four of the state finance law and may include, but not be

limited to, the percentage of youth living in poverty within the

municipality or such other factors as provided for in the regulations of

the office.

(3) The office shall not reimburse any claims under this section

unless they are submitted within twelve months of the calendar quarter

in which the expenditure was made. The office may require that such

claims be submitted to the office electronically in the manner and

format required by the office.

(4) A comprehensive plan developed in accordance with paragraph c of

this subdivision may provide for the funding of local youth bureaus that

have been approved in accordance with section four hundred twenty-two of

this article and municipal youth bureaus. Provided however, that an

approved local youth bureau that is not providing, operating,

administering or monitoring youth development programs shall not receive

funding pursuant to this subdivision. Provided, further that up to

fifteen percent of the youth development funds that a municipality

determines will be provided to a local youth bureau in accordance with

clause (ii) of subparagraph one of paragraph c of this subdivision may

be used for administrative functions performed by such local youth

bureau.

(5) If a municipality does not allocate youth development funding

pursuant to the information contained within the municipality's

comprehensive plan in accordance with clause (ii) of subparagraph one of

paragraph c of this subdivision, the office may authorize or require the

comptroller to withhold the payment of state aid to such municipality in

accordance with section four hundred twenty-one of this article.

b. Youth development programs shall provide community-level services

designed to promote positive youth development. Such programs may

include, but not be limited to: programs that promote physical and

emotional wellness, educational achievement or civic, family and

community engagement; family support services; services to prevent

juvenile delinquency, child abuse and neglect; services to avert family

crises; and services to assist youth in need of crisis intervention or

respite services. Subject to the regulations of the office, a

municipality may enter into contracts to effectuate its youth

development program established and approved as provided in this

article.

c. Each municipality shall develop, in consultation with the

applicable municipal youth bureau, a comprehensive plan to offer youth

development programs. Such comprehensive plan shall be subject to the

approval of the office of children and family services in accordance

with subparagraph two of this paragraph and shall be submitted by each

municipality in a manner and at such times and for such periods as the

office of children and family services shall determine.

(1) Such comprehensive plan shall:

(i) describe the need in the municipality for youth development

programs, and specify, at minimum, how the municipality will address the

need for youth development in villages, towns and cities which have a

youth population of twenty thousand or more persons;

(ii) detail how the municipality will allocate the funding it receives

pursuant to this subdivision, including an accounting of all of the

eligible entities within such municipality that will receive funding

under this subdivision, the youth development services that such

entities will provide, and the amount of funding that each entity will

receive;

(iii) specify how the municipality will measure performance outcomes

for such services and programs covered under the plan;

(iv) specify the projected performance outcomes for services and

programs covered under the plan, including projected positive outcomes

for youth who participate in the services and programs; and

(v) provide information on the performance outcomes of services

provided under the municipality's most recent plan approved pursuant to

this subdivision, including outcome based measures that demonstrate the

quality of services provided and program effectiveness of programs

funded under such plan.

(2) The office of children and family services may approve all or part

of a municipality's comprehensive plan. If the office does not approve a

municipality's comprehensive plan, such municipality shall have sixty

days from receipt of the notification of disapproval to submit a revised

plan.

(3) If the municipality is seeking state aid to provide services for

runaway and homeless youth, as defined in article nineteen-H of this

chapter, the runaway and homeless youth plan, as required by subdivision

two of this section, shall be submitted as part of the comprehensive

plan that is required pursuant to this paragraph; provided however, that

state aid to provide services for runaway and homeless youth services

shall be from, and limited to, funds appropriated separately for such

runaway and homeless youth program purposes by the state, and shall not

be included under the limits set forth in this subdivision.

2. Runaway and homeless youth plan; state aid.

a. (1) A municipality may submit to the office of children and family

services a plan for the providing of services for runaway and homeless

youth, as defined in article nineteen-H of this chapter. Where such

municipality is receiving state aid pursuant to paragraph a of

subdivision one of this section, such runaway and homeless youth plan

shall be submitted as part of the comprehensive plan and shall be

consistent with the goals and objectives therein.

(2) A runaway and homeless youth plan shall be developed in

consultation with the municipal youth bureau and the county or city

department of social services, shall be in accordance with the

regulations of the office of children and family services, shall provide

for a coordinated range of services for runaway and homeless youth and

their families including preventive, temporary shelter, transportation,

counseling, and other necessary assistance, and shall provide for the

coordination of all available county resources for runaway and homeless

youth and their families including services available through the

municipal youth bureau, the county or city department of social

services, local boards of education, local drug and alcohol programs and

organizations or programs which have past experience dealing with

runaway and homeless youth.

(3) In its plan a municipality may:

(i) include provisions for transitional independent living support

programs and runaway and homeless youth crisis services programs as

provided in article nineteen-H of this chapter;

(ii) authorize services under article nineteen-H of this chapter to be

provided to homeless young adults, as such term is defined in section

five hundred thirty-two-a of this chapter;

(iii) authorize runaway and homeless youth to be served in accordance

with any of the following provisions of this chapter:

(A) paragraphs (a) and (b) of subdivision two of section five hundred

thirty-two-b;

(B) paragraph (b) of subdivision one of section five hundred

thirty-two-d;

(C) paragraph (c) of subdivision two of section five hundred

thirty-two-b;

(D) paragraph (c) of subdivision one of section five hundred

thirty-two-d;

(E) to allow a youth under the age of sixteen to be served in a

transitional independent living support program pursuant to subparagraph

(ii) of paragraph (a) of subdivision one of section five hundred

thirty-two-d; and

(iv) if a municipality provides shelter in accordance with items (C),

(D) and (E) of clause (iii) of this subparagraph, then such municipality

shall, within sixty days, notify the office of children and family

services in writing of the circumstances that made the provision of

shelter necessary, efforts made by the program to find suitable

alternative living arrangements for such youth, and the outcome of such

efforts. If the office determines that such shelter was inappropriate,

the office may instruct the program on how to seek a more suitable

alternative living arrangement.

(4) Such plan shall also provide for the designation and duties of the

runaway and homeless youth service coordinator defined in section five

hundred thirty-two-a of this chapter who is available on a twenty-four

hour basis and maintains information concerning available shelter space,

transportation and services.

(5) Such plan may include provision for the per diem reimbursement for

residential care of runaway and homeless youth in certified residential

runaway and homeless youth programs which are authorized agencies.

a-1. Each municipality that does not submit a runaway and homeless

youth plan in accordance with paragraph a of this subdivision, shall

include within their comprehensive plan submitted pursuant to

subdivision one of this section, an assessment of the need within the

municipality for services to assist runaway and homeless youth and youth

in need of crisis intervention or respite services. Provided however,

that state aid to provide for runaway and homeless youth services shall

be from and limited to funds appropriated separately for such runaway

and homeless youth program purposes by the state, and shall not be

included under the limits set forth in subdivision one of this section.

b. Each municipality shall submit to the office of children and family

services such additional information as the office shall require,

including but not limited to:

(1) A description of the current runaway and homeless population

including their age, place of origin, family status, service needs and

eventual disposition;

(2) A description of the public and private resources available to

serve runaway and homeless youth within the municipality;

(3) A description of new services to be provided and current services

to be expanded.

c. The office of children and family services shall review such plan

in accordance with subparagraph two of paragraph c of subdivision one of

this section and may approve or disapprove such plan or any part,

program, or project within such plan, and may propose such modifications

and conditions as deemed appropriate and necessary.

d. (1) Municipalities having an approved runaway and homeless youth

plan pursuant to this subdivision shall be entitled to reimbursement by

the state for sixty percent of the entire amount of the expenditures for

programs contained in such plan as approved by the office of children

and family services, after first deducting therefrom any federal or

other state funds received or to be received on account thereof. All

reimbursement pursuant to this subdivision shall be from and limited to

funds appropriated separately for such runaway and homeless youth

program purposes by the state, and shall not be included under the

limits set in subdivision one of this section. A municipality's share of

the cost of such programs may be met in part by donated private funds or

in-kind services, as defined by the office, provided that such private

funding or receipt of services shall not in the aggregate be more than

fifty percent of such municipality's share.

(2) Notwithstanding any inconsistent provision of law and subject to

funds appropriated separately therefor, a municipality having an

approved runaway and homeless youth plan which includes provisions for

transitional independent living support programs shall be entitled to

reimbursement by the state for sixty percent of the entire amount of the

approved expenditures for transitional independent living support

programs contained in the plan as approved by the office of children and

family services. The municipality's share of the cost of such programs

may be met by donated private funds or in-kind services, as defined by

the office, provided that such receipt of in-kind services shall not in

the aggregate be more than fifty percent of such municipality's share.

3. For the purpose of reimbursement by the state, administrative

expenses shall include compensation for personal services paid by a

municipality, to any employee for the purpose of administering the

benefits provided by this article. No state reimbursement shall be made,

however, for such compensation paid to any employee who lacks the

qualifications necessary for the work or who, after a trial period, is

considered by the commissioner unable to do satisfactory work.

4. Moneys appropriated for use of the commissioner shall be paid out

of the state treasury on the certificate of the commissioner or of an

officer of the office designated by the commissioner, after audit by and

upon the warrant of the comptroller.

5. a. Notwithstanding any other provision of law, the office of

children and family services shall plan for the statewide implementation

by the thirty-first day of December, two thousand eight, of a county

child and family services plan that combines the comprehensive plan

required by this section and the multi-year consolidated services plan

required by section thirty-four-a of the social services law into a

single plan.

b. All counties shall implement a county child and family services

plan prior to or for the two thousand eight plan year in accordance with

a schedule developed by the office of children and family services and

shall continue to implement such a plan thereafter. With the approval of

such office, a county may implement a child and family services plan

before the date required by such schedule.

c. The office of children and family services may waive any regulatory

requirements relating to the content and timing of comprehensive plans

that may impede the ability of a county to implement a county child and

family services plan.

d. Nothing in this subdivision shall be deemed to affect county

planning requirements under the mental hygiene law.