2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 1 - (371 - 392) CARE AND PROTECTION OF CHILDREN
387 - Ineligibility for public foster care funds; fiscal penalties.

 
    § 387. * Ineligibility for public foster care funds; fiscal penalties.
    * NB Effective until June 30, 2017
    * Public foster care funds; ineligibility.
    * NB Effective June 30, 2017
    * 1.  The office of children and family services shall, by regulation,
  promulgate standards to determine that an authorized agency, or  one  or
  more  of  its  programs  or  facilities, is ineligible to receive public
  foster care funds or should be assessed a fiscal penalty. Such standards
  shall include the following:
    (a) lack of public need, including but not limited  to  geographic  or
  programmatic  need,  for  the  agency  or one or more of its programs or
  facilities;
    (b) failure of the agency to promote  the  placement  of  children  in
  permanent,  safe  family  homes  through  return  to  the children's own
  families or  through  adoption,  or  other  appropriate  objectives  for
  children,  as  measured by such factors as length of stay in foster care
  for children with similar personal and family characteristics; and
    (c) a pattern or practice of repeated violation of the  provisions  of
  this  chapter or of the regulations of the office of children and family
  services promulgated thereunder.
    * NB Effective until June 30, 2017
    * 1. The department shall,  by  regulation,  promulgate  standards  to
  determine  that  an authorized agency, or one or more of its programs or
  facilities, is ineligible to receive  public  foster  care  funds.  Such
  standards shall include the following:
    (a)  lack  of  public need, including but not limited to geographic or
  programmatic need, for the agency or one or  more  of  its  programs  or
  facilities;
    (b)  failure  of  the  agency  to promote the placement of children in
  permanent family homes through return to the children's own families  or
  through  adoption,  or  other  appropriate  objectives  for children, as
  measured by such factors as length of stay in foster care  for  children
  with similar personal and family characteristics; and
    (c)  a  pattern or practice of repeated violation of the provisions of
  this chapter  or  of  the  regulations  of  the  department  promulgated
  thereunder which have occasioned the denial of reimbursement pursuant to
  section  one  hundred  fifty-three-d  or three hundred ninety-eight-b of
  this chapter.
    Such standards shall be developed with the participation of the  child
  welfare  standards advisory council established pursuant to section four
  hundred nine-h of this chapter  and  in  consultation  with  public  and
  voluntary   authorized   agencies,   citizens'   groups   and  concerned
  individuals and organizations including the state  council  on  children
  and families.
    * NB Effective June 30, 2017
    * 2.  A  determination  of ineligibility to receive public foster care
  funds or the assessment of a fiscal penalty shall be made upon a finding
  of substantial noncompliance with one or more of the standards developed
  and adopted pursuant to subdivision one of this section.  Such  findings
  and   determination  shall  be  made  in  accordance  with  the  hearing
  procedures set forth in section four hundred  sixty-d  of  this  chapter
  relating   to  the  revocation,  suspension  or  limiting  of  operating
  certificates. Such determination shall be subject to judicial review  in
  accordance  with  article  seventy-eight  of  the civil practice law and
  rules.
    * NB Effective until June 30, 2017
    * 2. A determination of ineligibility to receive  public  foster  care
  funds shall be made upon a finding of substantial noncompliance with one

  or  more  of the standards developed and adopted pursuant to subdivision
  one of this section. Such findings and determination shall  be  made  in
  accordance with the hearing procedures set forth in section four hundred
  sixty-d  of  this  chapter  relating  to  the  revocation, suspension or
  limiting of operating certificates. Such determination shall be  subject
  to judicial review in accordance with article seventy-eight of the civil
  practice law and rules.
    * NB Effective June 30, 2017
    3.  A  determination  of  ineligibility  to receive public foster care
  funds shall specify whether it applies to the agency generally or  to  a
  particular program or facility of the agency.
    4.  A social services official shall not purchase foster care from any
  authorized agency, or  program  or  facility  thereof,  which  has  been
  determined  to  be  ineligible  to  receive  public foster care funds in
  accordance with the provisions of this section. Any contract  between  a
  social  services  district and an authorized agency shall be deemed null
  and void to the extent that it is inconsistent with  the  provisions  of
  this subdivision.
    5.  The  commissioner  shall  report  forthwith  in  writing,  to  the
  governor, the temporary president of the senate and the speaker  of  the
  assembly  with  respect  to  each  case  in  which  a  determination  of
  ineligibility to receive public foster care funds has been made pursuant
  to this section.  Such report shall contain the name of the  agency  and
  the reason or reasons for the determination of ineligibility.
    * 6.  Any fiscal penalty received by the office of children and family
  services pursuant to this section 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.
    * NB Repealed June 30, 2017