2012 New York Consolidated Laws
SOS - Social Services
Article 5 - ASSISTANCE AND CARE
Title 2 - (153 - 153-K) STATE REIMBURSEMENT FOR PUBLIC ASSISTANCE AND CARE
153-K - Funding for children and family services.

 
    * §   153-k.   Funding  for  children  and  family  services.  1.  (a)
  Expenditures made by social  services  districts  for  child  protective
  services,  preventive  services  provided,  as  applicable,  to eligible
  children and families of children who are in  and  out  of  foster  care
  placement, independent living services, aftercare services, and adoption
  administration  and  services  other  than  adoption  subsidies provided
  pursuant to article six of this  chapter  and  the  regulations  of  the
  department  of  family  assistance  shall,  if approved by the office of
  children and family services, be subject  to  sixty-five  percent  state
  reimbursement  exclusive  of  any  federal funds made available for such
  purposes, in accordance with the directives of the department of  family
  assistance and subject to the approval of the director of the budget.
    (b)  Claims  for  preventive  services and independent living services
  submitted by  a  social  services  district  for  reimbursement  may  be
  comprised  of  in-kind,  indirect  services,  and  non-tax  levy  funds,
  including but not limited to privately donated funds,  up  to  the  same
  amount as the social services district's claims for such services during
  federal  fiscal  year  nineteen  hundred  ninety-eight--ninety-nine were
  comprised  of  in-kind,  indirect  services  and  non-tax  levy   funds;
  provided, however, that up to seventeen and one-half percent of a social
  services  district's  claims  for  preventive  services  and independent
  living services may be comprised  of  privately  donated  funds  if  the
  percentage  of  its claims comprised of privately donated funds was less
  than seventeen and one-half percent during federal fiscal year  nineteen
  hundred     ninety-eight--nineteen    hundred    ninety-nine.    Federal
  reimbursement of such claims shall  be  available  only  to  the  extent
  permitted by federal law or regulations.
    2.  (a) Notwithstanding the provisions of this chapter or of any other
  law to the contrary, eligible expenditures by a social services district
  for foster care services shall be subject to  reimbursement  with  state
  funds  only  to  the extent of annual appropriations to the state foster
  care block grant. Such foster care services shall  include  expenditures
  for  the provision and administration of: care, maintenance, supervision
  and tuition; supervision of foster children placed in  federally  funded
  job  corps  programs; and care, maintenance, supervision and tuition for
  adjudicated juvenile delinquents and  persons  in  need  of  supervision
  placed  in  residential  programs operated by authorized agencies and in
  out-of-state  residential  programs.  Social  services  districts   must
  develop and implement children and family services delivery systems that
  are  designed  to  reduce  the  need  for  and the length of foster care
  placements  and  must  document  their   efforts   in   the   multi-year
  consolidated   services  plan  and  the  annual  implementation  reports
  submitted pursuant to section thirty-four-a of this chapter.
    (b) State reimbursement to each  social  services  district  shall  be
  limited to the district's allocation of the foster care block grant. The
  state  funds  appropriated  for  the  foster  care  block grant shall be
  apportioned among  the  social  services  districts  by  the  office  of
  children  and  family  services based on the district's claiming history
  and other factors. Such apportionments shall be subject to the  approval
  of the director of the budget.
    (c) Any portion of a social services district's apportionment from the
  foster  care  block grant for a particular state fiscal year that is not
  claimed by such district during that state fiscal year may  be  used  by
  such  district  for  preventive services, independent living services or
  aftercare services claimed by such district during the next state fiscal
  year up to the amount remaining from the district's  foster  care  block
  grant  apportionment;  provided, however, that any claims for preventive
  services, independent living services or aftercare services  during  the

  next  state  fiscal  year  in  excess of such amount shall be subject to
  state reimbursement pursuant to subdivision one  of  this  section.  Any
  claims  submitted  by a social services district for reimbursement for a
  particular state fiscal year for which the social services district does
  not receive state or federal reimbursement during that state fiscal year
  may not be claimed against that district's block grant apportionment for
  the next state fiscal year.
    3. To the extent that monies are made available to the commissioner of
  the  office of children and family services from the children and family
  services  quality  enhancement  fund  established  pursuant  to  section
  ninety-seven-yyy  of  the  state finance law, the office of children and
  family services is authorized to  conduct  activities  to  increase  the
  availability  and/or  quality  of  children and family services programs
  which may include, but not be limited to, staff  recruitment,  retention
  and  training  activities,  research  projects,  and  targeted  services
  expansion and/or demonstration projects to test  innovative  models  for
  service  delivery  which may include such areas as health, mental health
  and substance  abuse  services.  Notwithstanding  sections  one  hundred
  twelve  and  one  hundred  sixty-three  of  the  state finance law, such
  activities shall be conducted without competitive  bid  or  request  for
  proposal.
    4.   (a)  A  social  services  district,  either  individually  or  in
  combination with other social services districts, may establish  managed
  care  systems  or  other systems to provide children and family services
  other than child protective services investigations, in accordance  with
  applicable  laws  and regulations. Such a system may include, but not be
  limited to, the establishment of capitated rates for service provided to
  children to prevent the placement of such children into foster care  and
  to discharge such children from foster care to suitable, permanent, safe
  homes  in  a more timely manner through preventive services, intensified
  discharge planning, pre-adoptive services,  after-care  services  and/or
  post-adoption services.
    (b)  Social  services  district payments to case managers or public or
  private  service  providers  under  such  a  system  may  be  based   on
  reimbursement  rates  established  by  the office of children and family
  services pursuant  to  section  three  hundred  ninety-eight-a  of  this
  chapter,  capitated  rates  or  other  payment  mechanisms  for all or a
  portion of the services, either separately or  combined.  To  facilitate
  payments  to  case  managers  or  providers,  the office of children and
  family services may establish procedures for standardizing  payments  to
  managers  or  providers  that  enter  into agreements with more than one
  social services district.
    (c) Under such a system,  a  social  services  district  may  delegate
  responsibility   for  case  management  services  to  case  managers  or
  providers in a manner  designed  to  afford  case  manager  or  provider
  accountability  through  the  incorporation of quality control standards
  that provide appropriate monitoring of these services such as recognized
  accreditation mechanisms, performance  audits  by  the  social  services
  district or other means.
    (d)  Under such a system, a social services district, in a purchase of
  service agreement for preventive services with an authorized agency, may
  delegate to such authorized agency the responsibility for approving  and
  paying  rent  subsidies or assistance under paragraph (c) of subdivision
  five and/or subdivision seven of section four  hundred  nine-a  of  this
  chapter.
    (e)(i)  A  social  services  district  must  obtain the office's prior
  approval of its plan for establishing and implementing such a system, in

  accordance with guidelines established by the  office  of  children  and
  family services.
    (ii) Such a plan may include requests for a waiver of any statutory or
  regulatory  requirements established pursuant to sections thirty-four-a,
  four hundred nine-d and four hundred nine-e of  this  chapter  regarding
  the  form,  content,  development,  or  amendment  of  the child welfare
  services plan component of the multi-year services plan and  the  annual
  implementation reports, family services plans and uniform case records.
    (iii)  Any  request  by  a social services district for a waiver shall
  identify the specific statute or regulation to be waived, and include  a
  justification  for the waiver and alternative actions to be taken by the
  social services district to satisfy  the  purposes  of  the  statute  or
  regulation.  The  office  of  children and family services may grant any
  such waiver request, subject to the approval  of  the  director  of  the
  budget,  where  the  social  services  district  applying for the waiver
  demonstrates a reasonable administrative or  programmatic  justification
  for  the waiver. The potential fiscal impact of the waiver upon federal,
  state and local governments shall be evaluated by the office of children
  and family services as part of its review of the request for  a  waiver.
  The  office  of  children  and family services may impose durational and
  other reasonable conditions if an approval of  the  waiver  is  granted.
  Where  a  waiver  is granted, the office of children and family services
  shall have the  authority  to  establish  alternative  standards  to  be
  followed by social services officials. The office of children and family
  services  may  not  grant  a  waiver  that  would  fail  to  comply with
  applicable  federal  statutory  or  regulatory  standards.  The   social
  services  district  may  not  revise local practice or policy unless and
  until the office of children and family services approves the waiver.
    (iv) The office of children and family services shall  provide  notice
  to  the  governor  and  the  legislature  of  each plan that is approved
  including a brief description of the plan and any  waivers  granted  and
  any  alternative  standards  established.  The  office  shall provide an
  annual  report  to  the  governor  and  the  legislature  regarding  the
  implementation  of  all approved plans during a calendar year by January
  thirty-first of the following year.
    5.  (a)  Social   services   districts   shall   conduct   eligibility
  determinations  and  submit  claims  for  reimbursement in such form and
  manner and at such times and for  such  periods  as  the  department  of
  family assistance shall determine.
    (b)  When  certified  by  the  department  of family assistance, state
  reimbursement shall be paid from the state treasury upon the  audit  and
  warrant of the comptroller out of funds made available therefor.
    (c)   The  department  of  family  assistance  is  authorized  in  its
  discretion to make advances to social services districts in anticipation
  of the state reimbursement provided for in this section.
    6. (a) Payment of state reimbursement and advances shall  be  made  to
  the  fiscal  officer  of  the  social services district entitled thereto
  pursuant to the provisions of this chapter.
    (b) Any inconsistent  provision  of  the  law  or  regulation  of  the
  department  of  family  assistance  notwithstanding, state reimbursement
  shall not be made for any expenditure made for the  duplication  of  any
  grant or allowance for any period.
    7.  The office of children and family services shall not reimburse any
  claims for expenditures for those children and family services set forth
  in subdivisions one and two of this section that are submitted more than
  twenty-two months after the calendar quarter in which  the  expenditures
  were made.

    8.  Claims  submitted  by a social services district for reimbursement
  shall be paid after deducting any expenditures defrayed by  fees,  third
  party  reimbursement, and any non-tax levy funds including donated funds
  that exceed the amount  that  may  be  claimed  for  state  and  federal
  reimbursement  pursuant  to  paragraph  (b)  of  subdivision one of this
  section.
    9. Notwithstanding any other provision of law, the state shall not  be
  responsible  for  reimbursing  a social services district and a district
  shall not  seek  state  reimbursement  for  any  portion  of  any  state
  disallowance  or sanction taken against the social services district, or
  any federal disallowance attributable to final federal agency  decisions
  or  to  settlements  made,  on  or  after  July  first, nineteen hundred
  ninety-five, when such disallowance or sanction results from the failure
  of the  social  services  district  to  comply  with  federal  or  state
  requirements,  including,  but  not  limited  to,  failure  to  document
  eligibility for the federal or state funds in the case record; provided,
  however, if the office of children and family services  determines  that
  any  federal  disallowance  for services provided between January first,
  nineteen hundred ninety-nine  and  May  thirty-first,  nineteen  hundred
  ninety-nine  results  solely  from  the  late  enactment  of  the  state
  legislation implementing the federal adoption and safe families act, the
  state  shall  be  solely  responsible  for  the  full  amount   of   the
  disallowance  or  sanction. This provision shall be deemed to apply both
  prospectively and retroactively regardless of whether  the  disallowance
  or  sanction  is  for services provided or claims made prior to or after
  April first, two thousand two.
    10. (i) In accordance with regulations  developed  by  the  office  of
  children  and  family services, the office shall measure each district's
  compliance with the federal child welfare outcome standards beginning no
  later than twenty months after the effective date of this  section.  The
  office  is  authorized  to  impose  fiscal  penalties  against  a social
  services district that fails to substantially comply  with  the  outcome
  standards  or  to  make  sufficient  progress towards complying with the
  outcome standards after developing and implementing a corrective  action
  plan  in the time and manner approved by the office. The imposition of a
  fiscal penalty shall be subject  to  an  appeal  process  set  forth  in
  regulation.  Any fiscal penalties received by the office of children and
  family services pursuant to this subdivision shall be deposited  to  the
  credit  of  the  children  and  family services quality enhancement fund
  established pursuant to section ninety-seven-yyy of  the  state  finance
  law.  For  social  services districts in counties with less than fifteen
  thousand children under the age of eighteen, the office  may  waive  the
  fiscal  penalties  and  the  need  for  a  corrective action plan if the
  failure to substantially comply with the outcome standards was based  on
  extraordinary circumstances. The office may provide fiscal incentives to
  social  services  districts  with high performances on the federal child
  welfare outcome standards. A social services district may pass on to its
  contract agencies  some  portion  of  the  fiscal  penalties  or  fiscal
  incentives that may be attributable to such agencies.
    (ii) The office shall provide an annual report to the governor and the
  legislature   detailing:   each  county's  performance  on  the  outcome
  standards, the amount of fiscal penalties imposed against  each  county,
  and  the  amount  of  fiscal  penalties collected from each county. Said
  report shall be delivered to the director of the budget,  the  chair  of
  the  senate  finance  committee  and  the chair of the assembly ways and
  means committee annually on a calendar year basis, by March fifteenth of
  the following year.

    11. The  office  of  children  and  family  services  shall  submit  a
  preliminary  report to the governor and the legislature on or before the
  thirty-first day of December, two thousand  four  providing  preliminary
  data  and  information  on the implementation of this section, and shall
  submit  a final report by the fifteenth day of August, two thousand five
  assessing the implementation of and  the  outcomes  resulting  from  the
  children  and  family  services financing provisions established by this
  section through the thirtieth day of June, two thousand five. The  final
  report  shall  include  information  regarding  services delivery trends
  under the financing structure set forth in this section  and  innovative
  models of service provision to be considered for replication.
    * NB Repealed June 30, 2017