N.Y. Executive Law § 529: Reimbursement for institutional care, aftercare supervision and foster care

§ 529. Reimbursement for institutional care, aftercare supervision and

foster care. 1. Definitions. As used in this section:

(a) "authorized agency", "certified boarding home", "local charge" and

"state charge" shall have the meaning ascribed to such terms by the

social services law;

(b) "aftercare supervision" shall mean supervision of released or

discharged youth, not in foster care; and,

(c) "foster care" shall mean residential care, maintenance and

supervision provided released or discharged youth, or youth otherwise in

the custody of the division for youth, in a division foster family home

certified by the division.

(d) "division foster family home" means a service program provided in

a home setting available to youth under the jurisdiction of the division

for youth.

2. Expenditures made by the office of children and family services for

care, maintenance and supervision furnished youth, including alleged and

adjudicated juvenile delinquents and persons in need of supervision,

placed or referred, pursuant to titles two or three of this article, and

juvenile offenders, youthful offenders and adolescent offenders

committed pursuant to the penal law, in the office's programs and

facilities, shall be subject to reimbursement to the state by the social

services district from which the youth was placed or by the social

services district in which the juvenile offender resided at the time of

commitment, in accordance with this section and the regulations of the

office, as follows: fifty percent of the amount expended for care,

maintenance and supervision of local charges including juvenile

offenders.

4. Expenditures made by the division for youth for foster care shall

be subject to reimbursement to the state by the social services district

from which the youth was placed, in accordance with the regulations of

the division, as follows: fifty percent of the amount expended for care,

maintenance and supervision of local charges.

5. (a) Expenditures made by the division for youth for aftercare

supervision shall be subject to reimbursement to the state by the social

services district from which the youth was placed, in accordance with

regulations of the division, as follows: fifty percent of the amount

expended for aftercare supervision of local charges.

(b) Expenditures made by social services districts for aftercare

supervision of adjudicated juvenile delinquents and persons in need of

supervision provided (prior to the expiration of the initial or extended

period of placement or commitment) by the aftercare staff of the

facility from which the youth has been released or discharged, other

than those under the jurisdiction of the division for youth, in which

said youth was placed or committed, pursuant to directions of the family

court, shall be subject to reimbursement by the state, upon approval by

the division and in accordance with its regulations, as follows:

(1) the full amount expended by the district for aftercare supervision

of state charges;

(2) fifty percent of the amount expended by the district for aftercare

supervision of local charges.

(c) Expenditures made by the division for youth for contracted

programs and contracted services pursuant to subdivision seven of

section five hundred one of this article, except with respect to urban

homes and group homes, shall be subject to reimbursement to the state by

the social services district from which the youth was placed, in

accordance with this section and the regulations of the division as

follows: fifty percent of the amount expended for the operation and

maintenance of such programs and services.

5-a. The social services district responsible for reimbursement to the

state shall remain the same if during a period of placement or extension

thereof, a child commits a criminal act while in a division facility,

during an authorized absence therefrom or after absconding therefrom and

is returned to the division following adjudication or conviction for the

act by a court with jurisdiction outside the boundaries of the social

services district which was responsible for reimbursement to the state

prior to such adjudication or conviction.

6. Separate per diem rates shall be computed, as provided below, for

all of the following categories of care reimbursable pursuant to this

section: institutional care in office of children and family services

facilities; foster care provided by the office of children and family

services; contracted programs and contracted services pursuant to

subdivision seven of section five hundred one of this article; programs

provided by the office of children and family services as alternatives

to institutional care; aftercare supervision provided by the office;

and, aftercare supervision provided by authorized agencies, other than

the office, on behalf of social services districts.

(a) No later than December thirty-first each year, the office of

children and family services shall provide the speaker of the assembly,

the temporary president of the senate, and social services districts

with a detailed report on total cost and the operating capacity at

office of children and family services facilities during the prior

calendar year. Such report shall include but need not be limited to

information on costs related to labor, physical plant maintenance and

food and utility expenditures as well as information on the maximum

number of juveniles that can be placed in office facilities and staffing

levels at such facilities. Such report shall also include information on

juveniles that have been moved from one facility to another during the

calendar year and shall name the facilities from which such juveniles

were moved and in which they were later placed. If the report provided

pursuant to this paragraph is based, in whole or in part, on an audit

performed on behalf of the office of children and family services, the

office of children and family services shall provide the state

legislature and social services districts with a copy of such audit at

the time it provides the report for the prior calendar year.

(b) The director of the division for youth, subject to approval of the

director of the budget and certification to the chairmen of the senate

finance and assembly ways and means committees, shall compute a separate

rate according to which all social services districts shall be

reimbursed for care, maintenance and supervision provided by each

authorized agency; provided, however, the basic rate for each agency may

be supplemented or reduced to reflect cost variations attributable to

transportation, medical care and other direct costs.

(c) The director of the division for youth, subject to the approval of

the director of the budget and certification to the chairmen of the

senate finance and assembly ways and means committees, may establish a

single per diem rate for all division facilities or may establish

separate rates as may be appropriate to reflect the differentials in

cost of specific division programs.

8. The director of the division for youth may adopt, amend or rescind

all rules and regulations, subject to the approval of the director of

the budget and certification to the chairmen of the senate finance and

assembly ways and means committees, necessary to carry out the

provisions of this section, including those necessary to insure that

reimbursement for care, maintenance and supervision in division and

non-division facilities is determined according to comparable criteria.

9. All reimbursement made by social services districts for care,

maintenance and supervision under this section shall be paid directly to

the state through the office of children and family services for deposit

into a miscellaneous special revenue fund known as the youth facility

per diem account.