N.Y. Social Services Law § 456: State reimbursement and payments

§ 456. State reimbursement and payments. 1. Payments made by social

services officials 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 social services district (a) the amount of federal

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

payments; and (b) except as set forth below, seventy-five per centum of

such payments after first deducting therefrom any federal funds properly

received or to be received on account thereof; provided, however, that

when payments under section four hundred fifty-three of this title are

made to a person or persons residing in a social services district whose

board rate exceeds that of the district making such payments, that

portion of the payments which exceeds the board rate of the district

making the payments shall be subject to reimbursement by the state in

the amount of one hundred per centum thereof, or (c) one hundred per

centum of such payments after first deducting therefrom any federal

funds properly to be received on account of such payments, for children

placed out for adoption or being adopted after being placed out for

adoption by an Indian tribe as referenced in subdivision seven of

section four hundred fifty-one of this title.

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. Notwithstanding any other provision of law to the contrary, for a

child who has been placed for adoption by a voluntary authorized agency

with guardianship and custody or care and custody of such child, as

referenced in subdivision one of section four hundred fifty-one of this

title, payments available under section four hundred fifty-three, four

hundred fifty-three-a or four hundred fifty-four of this title shall be

made by the state pursuant to a written agreement between an official of

the office of children and family services and the persons who applied

for such payments prior to adoption. Notwithstanding any other provision

of law to the contrary, the office of children and family services shall

not enter into written agreements for, or issue, any such payments in

instances where the person or persons applying for such payments reside

outside of the state of New York at the time the application for such

payments is made.