2019 New York Laws
SOS - Social Services
Article 6 - Children
Title 9 - Subsidies for the Adoption of Children
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.