§ 420 — State aid

New York § 420

• Jurisdiction: New York
• Law EXC: Executive
• Art. 19-A: Delinquency and Youth Crime Prevention

Text

§ 420. State aid. 1. a. (1) Each municipality operating a youth\ndevelopment program approved by the office of children and family\nservices shall be eligible for one hundred percent state reimbursement\nof its qualified expenditures, subject to available appropriations and\nexclusive of any federal funds made available therefor, not to exceed\nthe municipality's distribution of state aid under this article.\n (2) The state aid appropriated for youth development programs shall be\ndistributed by the office of children and family services to eligible\nmunicipalities that have an approved comprehensive plan pursuant to\nsubparagraph two of paragraph c of this subdivision. Such state aid\nshall be limited to the funds specifically appropriated therefor and\nshall be based on factors that shall include the number of youth under\nthe age of twenty-one residing in the municipality as shown by the last\npublished federal census certified in the same manner as provided by\nsection fifty-four of the state finance law and may include, but not be\nlimited to, the percentage of youth living in poverty within the\nmunicipality or such other factors as provided for in the regulations of\nthe office.\n (3) The office shall not reimburse any claims under this section\nunless they are submitted within twelve months of the calendar quarter\nin which the expenditure was made. The office may require that such\nclaims be submitted to the office electronically in the manner and\nformat required by the office.\n (4) A comprehensive plan developed in accordance with paragraph c of\nthis subdivision may provide for the funding of local youth bureaus that\nhave been approved in accordance with section four hundred twenty-two of\nthis article and municipal youth bureaus. Provided however, that an\napproved local youth bureau that is not providing, operating,\nadministering or monitoring youth development programs shall not receive\nfunding pursuant to this subdivision. Provided, further that up to\nfifteen percent of the youth development funds that a municipality\ndetermines will be provided to a local youth bureau in accordance with\nclause (ii) of subparagraph one of paragraph c of this subdivision may\nbe used for administrative functions performed by such local youth\nbureau.\n (5) If a municipality does not allocate youth development funding\npursuant to the information contained within the municipality's\ncomprehensive plan in accordance with clause (ii) of subparagraph one of\nparagraph c of this subdivision, the office may authorize or require the\ncomptroller to withhold the payment of state aid to such municipality in\naccordance with section four hundred twenty-one of this article.\n b. Youth development programs shall provide community-level services\ndesigned to promote positive youth development. Such programs may\ninclude, but not be limited to: programs that promote physical and\nemotional wellness, educational achievement or civic, family and\ncommunity engagement; family support services; services to prevent\njuvenile delinquency, child abuse and neglect; services to avert family\ncrises; and services to assist youth in need of crisis intervention or\nrespite services. Subject to the regulations of the office, a\nmunicipality may enter into contracts to effectuate its youth\ndevelopment program established and approved as provided in this\narticle.\n c. Each municipality shall develop, in consultation with the\napplicable municipal youth bureau, a comprehensive plan to offer youth\ndevelopment programs. Such comprehensive plan shall be subject to the\napproval of the office of children and family services in accordance\nwith subparagraph two of this paragraph and shall be submitted by each\nmunicipality in a manner and at such times and for such periods as the\noffice of children and family services shall determine.\n (1) Such comprehensive plan shall:\n (i) describe the need in the municipality for youth development\nprograms, and specify, at minimum, how the municipality will address the\nneed for youth development in villages, towns and cities which have a\nyouth population of twenty thousand or more persons;\n (ii) detail how the municipality will allocate the funding it receives\npursuant to this subdivision, including an accounting of all of the\neligible entities within such municipality that will receive funding\nunder this subdivision, the youth development services that such\nentities will provide, and the amount of funding that each entity will\nreceive;\n (iii) specify how the municipality will measure performance outcomes\nfor such services and programs covered under the plan;\n (iv) specify the projected performance outcomes for services and\nprograms covered under the plan, including projected positive outcomes\nfor youth who participate in the services and programs; and\n (v) provide information on the performance outcomes of services\nprovided under the municipality's most recent plan approved pursuant to\nthis subdivision, including outcome based measures that demonstrate the\nquality of services provided and program effectiveness of programs\nfunded under such plan.\n (2) The office of children and family services may approve all or part\nof a municipality's comprehensive plan. If the office does not approve a\nmunicipality's comprehensive plan, such municipality shall have sixty\ndays from receipt of the notification of disapproval to submit a revised\nplan.\n (3) If the municipality is seeking state aid to provide services for\nrunaway and homeless youth, as defined in article nineteen-H of this\nchapter, the runaway and homeless youth plan, as required by subdivision\ntwo of this section, shall be submitted as part of the comprehensive\nplan that is required pursuant to this paragraph; provided however, that\nstate aid to provide services for runaway and homeless youth services\nshall be from, and limited to, funds appropriated separately for such\nrunaway and homeless youth program purposes by the state, and shall not\nbe included under the limits set forth in this subdivision.\n 2. Runaway and homeless youth plan; state aid.\n a. (1) A municipality may submit to the office of children and family\nservices a plan for the providing of services for runaway and homeless\nyouth, as defined in article nineteen-H of this chapter. Where such\nmunicipality is receiving state aid pursuant to paragraph a of\nsubdivision one of this section, such runaway and homeless youth plan\nshall be submitted as part of the comprehensive plan and shall be\nconsistent with the goals and objectives therein.\n (2) A runaway and homeless youth plan shall be developed in\nconsultation with the municipal youth bureau and the county or city\ndepartment of social services, shall be in accordance with the\nregulations of the office of children and family services, shall provide\nfor a coordinated range of services for runaway and homeless youth and\ntheir families including preventive, temporary shelter, transportation,\ncounseling, and other necessary assistance, and shall provide for the\ncoordination of all available county resources for runaway and homeless\nyouth and their families including services available through the\nmunicipal youth bureau, the county or city department of social\nservices, local boards of education, local drug and alcohol programs and\norganizations or programs which have past experience dealing with\nrunaway and homeless youth.\n (3) In its plan a municipality may:\n (i) include provisions for transitional independent living support\nprograms and runaway and homeless youth crisis services programs as\nprovided in article nineteen-H of this chapter;\n (ii) authorize services under article nineteen-H of this chapter to be\nprovided to homeless young adults, as such term is defined in section\nfive hundred thirty-two-a of this chapter;\n (iii) authorize runaway and homeless youth to be served in accordance\nwith any of the following provisions of this chapter:\n (A) paragraphs (a) and (b) of subdivision two of section five hundred\nthirty-two-b;\n (B) paragraph (b) of subdivision one of section five hundred\nthirty-two-d;\n (C) paragraph (c) of subdivision two of section five hundred\nthirty-two-b;\n (D) paragraph (c) of subdivision one of section five hundred\nthirty-two-d;\n (E) to allow a youth under the age of sixteen to be served in a\ntransitional independent living support program pursuant to subparagraph\n(ii) of paragraph (a) of subdivision one of section five hundred\nthirty-two-d; and\n (iv) if a municipality provides shelter in accordance with items (C),\n(D) and (E) of clause (iii) of this subparagraph, then such municipality\nshall, within sixty days, notify the office of children and family\nservices in writing of the circumstances that made the provision of\nshelter necessary, efforts made by the program to find suitable\nalternative living arrangements for such youth, and the outcome of such\nefforts. If the office determines that such shelter was inappropriate,\nthe office may instruct the program on how to seek a more suitable\nalternative living arrangement.\n (4) Such plan shall also provide for the designation and duties of the\nrunaway and homeless youth service coordinator defined in section five\nhundred thirty-two-a of this chapter who is available on a twenty-four\nhour basis and maintains information concerning available shelter space,\ntransportation and services.\n (5) Such plan may include provision for the per diem reimbursement for\nresidential care of runaway and homeless youth in certified residential\nrunaway and homeless youth programs which are authorized agencies.\n a-1. Each municipality that does not submit a runaway and homeless\nyouth plan in accordance with paragraph a of this subdivision, shall\ninclude within their comprehensive plan submitted pursuant to\nsubdivision one of this section, an assessment of the need within the\nmunicipality for services to assist runaway and homeless youth and youth\nin need of crisis intervention or respite services. Provided however,\nthat state aid to provide for runaway and homeless youth services shall\nbe from and limited to funds appropriated separately for such runaway\nand homeless youth program purposes by the state, and shall not be\nincluded under the limits set forth in subdivision one of this section.\n b. Each municipality shall submit to the office of children and family\nservices such additional information as the office shall require,\nincluding but not limited to:\n (1) A description of the current runaway and homeless population\nincluding their age, place of origin, family status, service needs and\neventual disposition;\n (2) A description of the public and private resources available to\nserve runaway and homeless youth within the municipality;\n (3) A description of new services to be provided and current services\nto be expanded.\n c. The office of children and family services shall review such plan\nin accordance with subparagraph two of paragraph c of subdivision one of\nthis section and may approve or disapprove such plan or any part,\nprogram, or project within such plan, and may propose such modifications\nand conditions as deemed appropriate and necessary.\n d. (1) Municipalities having an approved runaway and homeless youth\nplan pursuant to this subdivision shall be entitled to reimbursement by\nthe state for sixty percent of the entire amount of the expenditures for\nprograms contained in such plan as approved by the office of children\nand family services, after first deducting therefrom any federal or\nother state funds received or to be received on account thereof. All\nreimbursement pursuant to this subdivision shall be from and limited to\nfunds appropriated separately for such runaway and homeless youth\nprogram purposes by the state, and shall not be included under the\nlimits set in subdivision one of this section. A municipality's share of\nthe cost of such programs may be met in part by donated private funds or\nin-kind services, as defined by the office, provided that such private\nfunding or receipt of services shall not in the aggregate be more than\nfifty percent of such municipality's share.\n (2) Notwithstanding any inconsistent provision of law and subject to\nfunds appropriated separately therefor, a municipality having an\napproved runaway and homeless youth plan which includes provisions for\ntransitional independent living support programs shall be entitled to\nreimbursement by the state for sixty percent of the entire amount of the\napproved expenditures for transitional independent living support\nprograms contained in the plan as approved by the office of children and\nfamily services. The municipality's share of the cost of such programs\nmay be met by donated private funds or in-kind services, as defined by\nthe office, provided that such receipt of in-kind services shall not in\nthe aggregate be more than fifty percent of such municipality's share.\n 3. For the purpose of reimbursement by the state, administrative\nexpenses shall include compensation for personal services paid by a\nmunicipality, to any employee for the purpose of administering the\nbenefits provided by this article. No state reimbursement shall be made,\nhowever, for such compensation paid to any employee who lacks the\nqualifications necessary for the work or who, after a trial period, is\nconsidered by the commissioner unable to do satisfactory work.\n 4. Moneys appropriated for use of the commissioner shall be paid out\nof the state treasury on the certificate of the commissioner or of an\nofficer of the office designated by the commissioner, after audit by and\nupon the warrant of the comptroller.\n 5. a. Notwithstanding any other provision of law, the office of\nchildren and family services shall plan for the statewide implementation\nby the thirty-first day of December, two thousand eight, of a county\nchild and family services plan that combines the comprehensive plan\nrequired by this section and the multi-year consolidated services plan\nrequired by section thirty-four-a of the social services law into a\nsingle plan.\n b. All counties shall implement a county child and family services\nplan prior to or for the two thousand eight plan year in accordance with\na schedule developed by the office of children and family services and\nshall continue to implement such a plan thereafter. With the approval of\nsuch office, a county may implement a child and family services plan\nbefore the date required by such schedule.\n c. The office of children and family services may waive any regulatory\nrequirements relating to the content and timing of comprehensive plans\nthat may impede the ability of a county to implement a county child and\nfamily services plan.\n d. Nothing in this subdivision shall be deemed to affect county\nplanning requirements under the mental hygiene law.\n