2022 New York Laws
SOS - Social Services
Article 6 - Children
Title 5 - Day Care for Certain Children
410-C - State Reimbursement.

§  410-c.  State  reimbursement. 1. (a) Expenditures made by counties,
cities, and towns for day care and  its  administration,  and  day  care
center  projects,  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 county, city or town (1) the amount of federal
funds, if any, properly received or to be received on  account  of  such
expenditures;  (2) fifty per centum of its expenditures for day care and
its administration and day care center projects, after  first  deducting
therefrom  any  federal  funds  received  or  to  be received on account
thereof, and any expenditures defrayed by fees paid  by  parents  or  by
other private contributions.
  (b)  For the purpose of this title, expenditures for administration of
day care shall include expenditures for  compensation  of  employees  in
connection with the furnishing of day care, including but not limited to
costs incurred for pensions, federal old age and survivors insurance and
health  insurance  for  such employees; training programs for personnel,
operation, maintenance and service costs; and  such  other  expenditures
such  as  equipment costs, depreciation and charges and rental values as
may be approved by the department. It shall not include expenditures for
capital costs. In the case of  day  care  purchased  from  a  non-profit
corporation  constituting  an eligible borrower pursuant to title five-a
of this article, expenditures shall include an allocable  proportion  of
all  operating  costs  of  such  facility  as  may  be  approved  by the
department including but not limited to the expenditures  enumerated  in
this paragraph (b) and expenditures for amortization, interest and other
financing   costs   of   any  mortgage  loan  made  to  such  non-profit
corporation.
  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. The department is authorized  in  its  discretion  to  approve  and
certify  to the comptroller for payment, advances to counties, cities or
towns in anticipation of the state reimbursement provided  for  in  this
section.
  4.  Payment of state reimbursement and advances shall be made to local
fiscal officers as  in  the  case  of  state  reimbursement  for  public
assistance and care under other provisions of this chapter.
  5.  (a)  As  used  in  this  subdivision  "school  age  child day care
programs" shall mean programs which offer care to  school  age  children
under the age of fourteen before or after the period when these children
are  in  school.  Such  programs  may  include,  but are not limited to,
programs provided in school buildings in accordance with  paragraph  (i)
of  subdivision  one  of  section four hundred fourteen of the education
law.
  (b) The  commissioner  shall,  within  appropriations  made  available
therefor, select proposed school age child day care programs which shall
be  eligible  to  receive  an award of no more than twenty-five thousand
dollars for start up or expansion  costs,  including  planning,  rental,
operational  and  equipment  costs,  or  minor renovations identified as
being necessary in order for the program to comply with applicable state
or local building, fire safety or licensing standards,  based  on  plans
submitted  to him. The commissioner shall give preference to those areas
of the state which are significantly underserved by existing school  age
child  day  care programs and to those programs which involve parents in

the development and implementation of programs. The  commissioner  shall
publicize  this  availability  of  funds to be used for purposes of this
subdivision in awarding  grants.  Plans  may  be  submitted  by  private
not-for-profit corporations, organizations or governmental subdivisions.
  (c)  Notwithstanding  any  other  provisions  of  law, social services
districts shall be authorized to  purchase  services  which  are  to  be
provided  pursuant  to  this  subdivision  from programs which have been
approved  by  the  commissioner  to  receive  funds  pursuant  to   this
subdivision.
  6.  Any  other  provision  of  law notwithstanding, and within amounts
appropriated therefor, the  department  shall  have  authority  to  make
start-up  grants  to  prospective  programs  that will provide child day
care, as such term is defined in section three hundred  ninety  of  this
article, from any funds available for such purpose.