2006 New York Code - Responsibility For Certain Temporary-resident Infants And Toddlers With Disabilities.

 
    §  2558.  Responsibility  for  certain  temporary-resident infants and
  toddlers  with  disabilities.    1.  Definitions.  In  addition  to  the
  definitions  contained  in section twenty-five hundred forty-one of this
  title, the following terms shall have the following meanings:
    (a) "Foster child"  shall  mean  a  child  in  the  care,  custody  or
  guardianship of a commissioner of a local social services district.
    (b)  "Homeless  child"  shall  mean  a child placed in a hotel, motel,
  shelter, or other temporary housing arrangement  by  a  social  services
  district because of the unavailability of permanent housing.
    (c)  "Municipality  of  current location" shall mean a municipality in
  which a child lives which is different from the municipality in which  a
  child  or  such  child's  family  lived  at  the  time a social services
  district assumed responsibility for  the  placement  of  such  child  or
  family  or at the time the child was admitted for care or treatment in a
  facility licensed or operated by another state agency.
    (d) "Municipality of residence" shall mean the municipality in which a
  child or such child's family lived at the time the local social services
  district assumed responsibility or custody for such child or  family  or
  at  the  time the child was admitted for care or treatment in a facility
  licensed or operated by another state agency.
    (e) "Child in residential care" shall mean an infant or toddler living
  in a residential facility licensed or operated by a  state  agency.  For
  the  purposes  of  subdivisions  two,  three and four of this section, a
  child in residential care shall be deemed to be a homeless child.
    2. Evaluation and IFSP responsibility.  The  municipality  of  current
  location  of  a  foster child or homeless child shall be responsible for
  the evaluation and IFSP procedures prescribed for an infant  or  toddler
  suspected  of having a disability.  The municipality of current location
  shall identify  to  the  commissioner  each  eligible  foster  child  or
  homeless  child,  and the municipality of current location of such child
  shall also transmit a copy of the IFSP and cost of service of such child
  to the municipality of residence.
    3. Contract and payment responsibility. The  municipality  of  current
  location  shall  be  the  municipality  of record for an eligible foster
  child or homeless child for the purposes of this  title,  provided  that
  notwithstanding  the provision of subdivision two of section twenty-five
  hundred fifty-seven of this title, the state shall reimburse one hundred
  percent of the approved costs paid by such municipality which  shall  be
  offset  by  the  local  contribution due pursuant to subdivision four of
  this section.
    4.  Local  contribution.  The  municipality  of  residence  shall   be
  financially  responsible  for  the  local  contribution in the amount of
  fifty percent of the approved costs. The commissioner shall  certify  to
  the  comptroller  the  amount  of  the  local  contribution owed by each
  municipality to the state. The comptroller shall deduct  the  amount  of
  such  local  contribution  first  from  any  moneys due the municipality
  pursuant to section twenty-five hundred fifty-six of this title and then
  from any other moneys due or to become due to the municipality.