2019 New York Laws
EXC - Executive
Article 19-A - Delinquency and Youth Crime Prevention
420 - State Aid.

Universal Citation: NY Exec L § 420 (2019)
§  420.  State  aid.  * 1.  a. (1) Each municipality operating a youth
development program approved  by  the  office  of  children  and  family
services  shall  be eligible for one hundred percent state reimbursement
of its qualified expenditures, subject to available  appropriations  and
exclusive  of  any  federal funds made available therefor, not to exceed
the municipality's distribution of state aid under this article.

(2) The state aid appropriated for youth development programs shall be distributed by the office of children and family services to eligible municipalities that have an approved comprehensive plan pursuant to subparagraph two of paragraph c of this subdivision. Such state aid shall be limited to the funds specifically appropriated therefor and shall be based on factors that shall include the number of youth under the age of twenty-one residing in the municipality as shown by the last published federal census certified in the same manner as provided by section fifty-four of the state finance law and may include, but not be limited to, the percentage of youth living in poverty within the municipality or such other factors as provided for in the regulations of the office.

(3) The office shall not reimburse any claims under this section unless they are submitted within twelve months of the calendar quarter in which the expenditure was made. The office may require that such claims be submitted to the office electronically in the manner and format required by the office.

(4) A comprehensive plan developed in accordance with paragraph c of this subdivision may provide for the funding of local youth bureaus that have been approved in accordance with section four hundred twenty-two of this article and municipal youth bureaus. Provided however, that an approved local youth bureau that is not providing, operating, administering or monitoring youth development programs shall not receive funding pursuant to this subdivision. Provided, further that up to fifteen percent of the youth development funds that a municipality determines will be provided to a local youth bureau in accordance with clause (ii) of subparagraph one of paragraph c of this subdivision may be used for administrative functions performed by such local youth bureau.

(5) If a municipality does not allocate youth development funding pursuant to the information contained within the municipality's comprehensive plan in accordance with clause (ii) of subparagraph one of paragraph c of this subdivision, the office may authorize or require the comptroller to withhold the payment of state aid to such municipality in accordance with section four hundred twenty-one of this article. b. Youth development programs shall provide community-level services designed to promote positive youth development. Such programs may include, but not be limited to: programs that promote physical and emotional wellness, educational achievement or civic, family and community engagement; family support services; services to prevent juvenile delinquency, child abuse and neglect; services to avert family crises; and services to assist youth in need of crisis intervention or respite services. Subject to the regulations of the office, a municipality may enter into contracts to effectuate its youth development program established and approved as provided in this article. c. Each municipality shall develop, in consultation with the applicable municipal youth bureau, a comprehensive plan to offer youth development programs. Such comprehensive plan shall be subject to the approval of the office of children and family services in accordance with subparagraph two of this paragraph and shall be submitted by each municipality in a manner and at such times and for such periods as the office of children and family services shall determine.

(1) Such comprehensive plan shall:

(i) describe the need in the municipality for youth development programs, and specify, at minimum, how the municipality will address the need for youth development in villages, towns and cities which have a youth population of twenty thousand or more persons;

(ii) detail how the municipality will allocate the funding it receives pursuant to this subdivision, including an accounting of all of the eligible entities within such municipality that will receive funding under this subdivision, the youth development services that such entities will provide, and the amount of funding that each entity will receive;

(iii) specify how the municipality will measure performance outcomes for such services and programs covered under the plan;

(iv) specify the projected performance outcomes for services and programs covered under the plan, including projected positive outcomes for youth who participate in the services and programs; and

(v) provide information on the performance outcomes of services provided under the municipality's most recent plan approved pursuant to this subdivision, including outcome based measures that demonstrate the quality of services provided and program effectiveness of programs funded under such plan.

(2) The office of children and family services may approve all or part of a municipality's comprehensive plan. If the office does not approve a municipality's comprehensive plan, such municipality shall have sixty days from receipt of the notification of disapproval to submit a revised plan.

(3) If the municipality is seeking state aid to provide services for runaway and homeless youth, as defined in article nineteen-H of this chapter, the runaway and homeless youth plan, as required by subdivision two of this section, shall be submitted as part of the comprehensive plan that is required pursuant to this paragraph; provided however, that state aid to provide services for runaway and homeless youth services shall be from, and limited to, funds appropriated separately for such runaway and homeless youth program purposes by the state, and shall not be included under the limits set forth in this subdivision. * NB Repealed December 31, 2021 * 2. Runaway and homeless youth plan; state aid. a. (1) A municipality may submit to the office of children and family services a plan for the providing of services for runaway and homeless youth, as defined in article nineteen-H of this chapter. Where such municipality is receiving state aid pursuant to paragraph a of subdivision one of this section, such runaway and homeless youth plan shall be submitted as part of the comprehensive plan and shall be consistent with the goals and objectives therein.

(2) A runaway and homeless youth plan shall be developed in consultation with the municipal youth bureau and the county or city department of social services, shall be in accordance with the regulations of the office of children and family services, shall provide for a coordinated range of services for runaway and homeless youth and their families including preventive, temporary shelter, transportation, counseling, and other necessary assistance, and shall provide for the coordination of all available county resources for runaway and homeless youth and their families including services available through the municipal youth bureau, the county or city department of social services, local boards of education, local drug and alcohol programs and organizations or programs which have past experience dealing with runaway and homeless youth.

(3) In its plan a municipality may:

(i) include provisions for transitional independent living support programs and runaway and homeless youth crisis services programs as provided in article nineteen-H of this chapter;

(ii) authorize services under article nineteen-H of this chapter to be provided to homeless young adults, as such term is defined in section five hundred thirty-two-a of this chapter;

(iii) authorize runaway and homeless youth to be served in accordance with any of the following provisions of this chapter:

(A) paragraphs (a) and (b) of subdivision two of section five hundred thirty-two-b;

(B) paragraph (b) of subdivision one of section five hundred thirty-two-d;

(C) paragraph (c) of subdivision two of section five hundred thirty-two-b;

(D) paragraph (c) of subdivision one of section five hundred thirty-two-d;

(E) to allow a youth under the age of sixteen to be served in a transitional independent living support program pursuant to subparagraph (ii) of paragraph (a) of subdivision one of section five hundred thirty-two-d; and

(iv) if a municipality provides shelter in accordance with items (C), (D) and (E) of clause (iii) of this subparagraph, then such municipality shall, within sixty days, notify the office of children and family services in writing of the circumstances that made the provision of shelter necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts. If the office determines that such shelter was inappropriate, the office may instruct the program on how to seek a more suitable alternative living arrangement.

(4) Such plan shall also provide for the designation and duties of the runaway and homeless youth service coordinator defined in section five hundred thirty-two-a of this chapter who is available on a twenty-four hour basis and maintains information concerning available shelter space, transportation and services.

(5) Such plan may include provision for the per diem reimbursement for residential care of runaway and homeless youth in certified residential runaway and homeless youth programs which are authorized agencies. a-1. Each municipality that does not submit a runaway and homeless youth plan in accordance with paragraph a of this subdivision, shall include within their comprehensive plan submitted pursuant to subdivision one of this section, an assessment of the need within the municipality for services to assist runaway and homeless youth and youth in need of crisis intervention or respite services. Provided however, that state aid to provide for runaway and homeless youth services shall be from and limited to funds appropriated separately for such runaway and homeless youth program purposes by the state, and shall not be included under the limits set forth in subdivision one of this section. b. Each municipality shall submit to the office of children and family services such additional information as the office shall require, including but not limited to:

(1) A description of the current runaway and homeless population including their age, place of origin, family status, service needs and eventual disposition;

(2) A description of the public and private resources available to serve runaway and homeless youth within the municipality;

(3) A description of new services to be provided and current services to be expanded. c. The office of children and family services shall review such plan in accordance with subparagraph two of paragraph c of subdivision one of this section and may approve or disapprove such plan or any part, program, or project within such plan, and may propose such modifications and conditions as deemed appropriate and necessary. d. (1) Municipalities having an approved runaway and homeless youth plan pursuant to this subdivision shall be entitled to reimbursement by the state for sixty percent of the entire amount of the expenditures for programs contained in such plan as approved by the office of children and family services, after first deducting therefrom any federal or other state funds received or to be received on account thereof. All reimbursement pursuant to this subdivision shall be from and limited to funds appropriated separately for such runaway and homeless youth program purposes by the state, and shall not be included under the limits set in subdivision one of this section. A municipality's share of the cost of such programs may be met in part by donated private funds or in-kind services, as defined by the office, provided that such private funding or receipt of services shall not in the aggregate be more than fifty percent of such municipality's share.

(2) Notwithstanding any inconsistent provision of law and subject to funds appropriated separately therefor, a municipality having an approved runaway and homeless youth plan which includes provisions for transitional independent living support programs shall be entitled to reimbursement by the state for sixty percent of the entire amount of the approved expenditures for transitional independent living support programs contained in the plan as approved by the office of children and family services. The municipality's share of the cost of such programs may be met by donated private funds or in-kind services, as defined by the office, provided that such receipt of in-kind services shall not in the aggregate be more than fifty percent of such municipality's share. * NB Effective until December 31, 2021 * 2. Runaway and homeless youth plan; state aid. a. A county may submit to the commissioner a plan for the providing of services for runaway and homeless youth, as defined in article nineteen-H of this chapter. Where such county is receiving state aid pursuant to paragraph a of subdivision one of this section, such runaway and homeless youth plan shall be submitted as part of the comprehensive county plan and shall be consistent with the goals and objectives therein. A runaway and homeless youth plan shall be developed in consultation with the county youth bureau and the county or city department of social services, shall be in accordance with the regulations of the commissioner, shall provide for a coordinated range of services for runaway and homeless youth and their families including preventive, temporary shelter, transportation, counseling, and other necessary assistance, and shall provide for the coordination of all available county resources for runaway and homeless youth and their families including services available through the county youth bureau, the county or city department of social services, local boards of education, local drug and alcohol programs and organizations or programs which have past experience dealing with runaway and homeless youth. Such plan may include provisions for transitional independent living support programs for homeless youth between the ages of sixteen and twenty-one as provided in article nineteen-H of this chapter. Such plan shall also provide for the designation and duties of the runaway and homeless youth service coordinator defined in section five hundred thirty-two-a of this chapter who is available on a twenty-four hour basis and maintains information concerning available shelter space, transportation and services. Such plan may include provision for the per diem reimbursement for residential care of runaway and homeless youth in approved runaway programs which are authorized agencies, provided that such per diem reimbursement shall not exceed a total of thirty days for any one youth. b. Each county shall submit to the commissioner such additional information as the commissioner shall require, including but not limited to:

(1) A description of the current runaway and homeless population including their age, place of origin, family status, service needs and eventual disposition;

(2) A description of the public and private resources available to serve runaway and homeless youth within the county;

(3) A description of new services to be provided and current services to be expanded. c. The commissioner shall review such plan and may approve or disapprove such plan, or any part, program, or project within such plan, and may propose such modifications and conditions as deemed appropriate and necessary. d. (1) Counties having an approved runaway and homeless youth plan pursuant to this subdivision shall be entitled to reimbursement by the state for sixty percent of the entire amount of the expenditures for programs contained in such plan as approved by the commissioner, after first deducting therefrom any federal or other state funds received or to be received on account thereof. All reimbursement pursuant to this subdivision shall be from and limited to funds appropriated separately for such runaway and homeless youth program purposes by the state, and shall not be included under the limits set in subdivision one of this section. The county's share of the cost of such programs may be met in part by donated private funds or in-kind services, as defined by the office, provided that such private funding or receipt of services shall not in the aggregate be more than fifty percent of such county's share.

(2) Notwithstanding any inconsistent provision of law and subject to funds appropriated separately therefor, a county having an approved runaway and homeless youth plan which includes provisions for transitional independent living support programs shall be entitled to reimbursement by the state for sixty percent of the entire amount of the approved expenditures for transitional independent living support programs contained in the plan as approved by the commissioner. The county's share of the cost of such programs may be met by donated private funds or in-kind services, as defined by the office, provided that such receipt of in-kind services shall not in the aggregate be more than fifty percent of such county's share. * NB Effective December 31, 2021 3. For the purpose of reimbursement by the state, administrative expenses shall include compensation for personal services paid by a municipality, to any employee for the purpose of administering the benefits provided by this article. No state reimbursement shall be made, however, for such compensation paid to any employee who lacks the qualifications necessary for the work or who, after a trial period, is considered by the commissioner unable to do satisfactory work. 4. Moneys appropriated for use of the commissioner shall be paid out of the state treasury on the certificate of the commissioner or of an officer of the office designated by the commissioner, after audit by and upon the warrant of the comptroller. 5. * a. Notwithstanding any other provision of law, the office of children and family services shall plan for the statewide implementation by the thirty-first day of December, two thousand eight, of a county child and family services plan that combines the comprehensive plan required by this section and the multi-year consolidated services plan required by section thirty-four-a of the social services law into a single plan. * NB Effective until December 31, 2021 * a. Notwithstanding any other provision of law, the office of children and family services shall plan for the statewide implementation by the thirty-first day of December, two thousand eight, of a county child and family services plan that combines the county comprehensive plan required by this section and the multi-year consolidated services plan required by section thirty-four-a of the social services law into a single plan. * NB Effective December 31, 2021 b. All counties shall implement a county child and family services plan prior to or for the two thousand eight plan year in accordance with a schedule developed by the office of children and family services and shall continue to implement such a plan thereafter. With the approval of such office, a county may implement a child and family services plan before the date required by such schedule. * c. The office of children and family services may waive any regulatory requirements relating to the content and timing of comprehensive plans that may impede the ability of a county to implement a county child and family services plan. * NB Effective until December 31, 2021 * c. The office of children and family services may waive any regulatory requirements relating to the content and timing of county comprehensive plans that may impede the ability of a county to implement a county child and family services plan. * NB Effective December 31, 2021 d. Nothing in this subdivision shall be deemed to affect county planning requirements under the mental hygiene law.

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