N.Y. Social Services Law § 410-c: State reimbursement

§ 410-c. State reimbursement. 1. (a) Expenditures made by counties,

cities, and towns for day care and its administration, and day care

center projects, pursuant to the provisions of this title, shall, if

approved by the department, be subject to reimbursement by the state, in

accordance with the regulations of the department, as follows: There

shall be paid to each county, city or town (1) the amount of federal

funds, if any, properly received or to be received on account of such

expenditures; (2) fifty per centum of its expenditures for day care and

its administration and day care center projects, after first deducting

therefrom any federal funds received or to be received on account

thereof, and any expenditures defrayed by fees paid by parents or by

other private contributions.

(b) For the purpose of this title, expenditures for administration of

day care shall include expenditures for compensation of employees in

connection with the furnishing of day care, including but not limited to

costs incurred for pensions, federal old age and survivors insurance and

health insurance for such employees; training programs for personnel,

operation, maintenance and service costs; and such other expenditures

such as equipment costs, depreciation and charges and rental values as

may be approved by the department. It shall not include expenditures for

capital costs. In the case of day care purchased from a non-profit

corporation constituting an eligible borrower pursuant to title five-a

of this article, expenditures shall include an allocable proportion of

all operating costs of such facility as may be approved by the

department including but not limited to the expenditures enumerated in

this paragraph (b) and expenditures for amortization, interest and other

financing costs of any mortgage loan made to such non-profit

corporation.

2. (a) Claims for state reimbursement shall be made in such form and

manner and at such times and for such periods as the department shall

determine.

(b) When certified by the department, state reimbursement shall be

paid from the state treasury upon the audit and warrant of the

comptroller out of funds made available therefor.

3. The department is authorized in its discretion to approve and

certify to the comptroller for payment, advances to counties, cities or

towns in anticipation of the state reimbursement provided for in this

section.

4. Payment of state reimbursement and advances shall be made to local

fiscal officers as in the case of state reimbursement for public

assistance and care under other provisions of this chapter.

5. (a) As used in this subdivision "school age child day care

programs" shall mean programs which offer care to school age children

under the age of fourteen before or after the period when these children

are in school. Such programs may include, but are not limited to,

programs provided in school buildings in accordance with paragraph (i)

of subdivision one of section four hundred fourteen of the education

law.

(b) The commissioner shall, within appropriations made available

therefor, select proposed school age child day care programs which shall

be eligible to receive an award of no more than twenty-five thousand

dollars for start up or expansion costs, including planning, rental,

operational and equipment costs, or minor renovations identified as

being necessary in order for the program to comply with applicable state

or local building, fire safety or licensing standards, based on plans

submitted to him. The commissioner shall give preference to those areas

of the state which are significantly underserved by existing school age

child day care programs and to those programs which involve parents in

the development and implementation of programs. The commissioner shall

publicize this availability of funds to be used for purposes of this

subdivision in awarding grants. Plans may be submitted by private

not-for-profit corporations, organizations or governmental subdivisions.

(c) Notwithstanding any other provisions of law, social services

districts shall be authorized to purchase services which are to be

provided pursuant to this subdivision from programs which have been

approved by the commissioner to receive funds pursuant to this

subdivision.

6. Any other provision of law notwithstanding, and within amounts

appropriated therefor, the department shall have authority to make

start-up grants to prospective programs that will provide child day

care, as such term is defined in section three hundred ninety of this

article, from any funds available for such purpose.