N.Y. Mental Hygiene Law § 41.37: Community residence and residential treatment facility for children and youth development grants

§ 41.37 Community residence and residential treatment facility for

children and youth development grants.

(a) The commissioner of the office of mental health or the

commissioner of the office for people with developmental disabilities is

authorized, within appropriations made therefor, to make grants to local

governmental units and voluntary nonprofit agencies developing a

community residence as defined in subdivision twenty-eight of section

1.03 of this chapter. The commissioner of the office of mental health is

authorized, within appropriations made therefor, to make grants to

voluntary nonprofit agencies developing a residential treatment facility

for children and youth. Such grants shall be limited to the development

costs incurred prior to the operation of a community residence or a

residential treatment facility for children and youth, or for

development costs incurred to expand the capacity to provide services at

such residences and facilities.

Development costs which may be eligible for up to one hundred percent

reimbursement under this grant include:

1. reasonable professional fees and other fees for services which are

necessary for project development;

2. initial staffing;

3. up to six months rent, construction loan or permanent mortgage

payments, together with other necessary costs associated with rental or

ownership of property;

4. reasonable and necessary fees paid to secure financing;

5. furniture; and

6. reasonable rehabilitation costs.

(b) Application for grants shall be made in the manner and on forms

prescribed by the appropriate commissioner. Each commissioner shall

establish schedules, subject to the approval of the director of the

division of the budget, indicating the maximum development cost per bed

for such community residences and residential treatment facilities for

children and youth. Such schedules may include varying rates for

distinct geographic areas of the state, if in the determination of the

commissioner the location of an eligible community residence or

residential treatment facility for children and youth has direct bearing

on the level of development costs. The commissioner may also establish

varying rates based on the size of an eligible community residence or

residential treatment facility for children and youth.

(c) No grant will be awarded by the commissioner if the projected per

bed development cost for the community residence or residential

treatment facility for children and youth exceeds the schedule

established in subdivision (b) of this section.

(d) No such grant will be awarded unless there is prior approval by

the local governmental unit of the area in which such community

residence or residential treatment facility for children and youth is to

be located.

(e) The state comptroller, or his legally authorized representative,

is authorized and empowered to examine the books and accounts of the

offices relating to program development grants and from time to time to

examine the books and accounts of each local governmental unit or

voluntary nonprofit agency receiving such grants, including its

receipts, disbursements, contracts, leases, loans and any other moneys

relating to its financial operation.