§ 529 — Reimbursement for institutional care, aftercare supervision and foster care

§ 529. Reimbursement for institutional care, aftercare supervision and\nfoster care. 1. Definitions. As used in this section:\n (a) "authorized agency", "certified boarding home", "local charge" and\n"state charge" shall have the meaning ascribed to such terms by the\nsocial services law;\n (b) "aftercare supervision" shall mean supervision of released or\ndischarged youth, not in foster care; and,\n (c) "foster care" shall mean residential care, maintenance and\nsupervision provided released or discharged youth, or youth otherwise in\nthe custody of the division for youth, in a division foster family home\ncertified by the division.\n (d) "division foster family home" means a service program provided in\na home setting available to youth under the jurisdiction of the division\nfor youth.\n 2. Expenditures made by the office of children and family services for\ncare, maintenance and supervision furnished youth, including alleged and\nadjudicated juvenile delinquents and persons in need of supervision,\nplaced or referred, pursuant to titles two or three of this article, and\njuvenile offenders, youthful offenders and adolescent offenders\ncommitted pursuant to the penal law, in the office's programs and\nfacilities, shall be subject to reimbursement to the state by the social\nservices district from which the youth was placed or by the social\nservices district in which the juvenile offender resided at the time of\ncommitment, in accordance with this section and the regulations of the\noffice, as follows: fifty percent of the amount expended for care,\nmaintenance and supervision of local charges including juvenile\noffenders.\n 4. Expenditures made by the division for youth for foster care shall\nbe subject to reimbursement to the state by the social services district\nfrom which the youth was placed, in accordance with the regulations of\nthe division, as follows: fifty percent of the amount expended for care,\nmaintenance and supervision of local charges.\n 5. (a) Expenditures made by the division for youth for aftercare\nsupervision shall be subject to reimbursement to the state by the social\nservices district from which the youth was placed, in accordance with\nregulations of the division, as follows: fifty percent of the amount\nexpended for aftercare supervision of local charges.\n (b) Expenditures made by social services districts for aftercare\nsupervision of adjudicated juvenile delinquents and persons in need of\nsupervision provided (prior to the expiration of the initial or extended\nperiod of placement or commitment) by the aftercare staff of the\nfacility from which the youth has been released or discharged, other\nthan those under the jurisdiction of the division for youth, in which\nsaid youth was placed or committed, pursuant to directions of the family\ncourt, shall be subject to reimbursement by the state, upon approval by\nthe division and in accordance with its regulations, as follows:\n (1) the full amount expended by the district for aftercare supervision\nof state charges;\n (2) fifty percent of the amount expended by the district for aftercare\nsupervision of local charges.\n (c) Expenditures made by the division for youth for contracted\nprograms and contracted services pursuant to subdivision seven of\nsection five hundred one of this article, except with respect to urban\nhomes and group homes, shall be subject to reimbursement to the state by\nthe social services district from which the youth was placed, in\naccordance with this section and the regulations of the division as\nfollows: fifty percent of the amount expended for the operation and\nmaintenance of such programs and services.\n 5-a. The social services district responsible for reimbursement to the\nstate shall remain the same if during a period of placement or extension\nthereof, a child commits a criminal act while in a division facility,\nduring an authorized absence therefrom or after absconding therefrom and\nis returned to the division following adjudication or conviction for the\nact by a court with jurisdiction outside the boundaries of the social\nservices district which was responsible for reimbursement to the state\nprior to such adjudication or conviction.\n 6. Separate per diem rates shall be computed, as provided below, for\nall of the following categories of care reimbursable pursuant to this\nsection: institutional care in office of children and family services\nfacilities; foster care provided by the office of children and family\nservices; contracted programs and contracted services pursuant to\nsubdivision seven of section five hundred one of this article; programs\nprovided by the office of children and family services as alternatives\nto institutional care; aftercare supervision provided by the office;\nand, aftercare supervision provided by authorized agencies, other than\nthe office, on behalf of social services districts.\n (a) No later than December thirty-first each year, the office of\nchildren and family services shall provide the speaker of the assembly,\nthe temporary president of the senate, and social services districts\nwith a detailed report on total cost and the operating capacity at\noffice of children and family services facilities during the prior\ncalendar year. Such report shall include but need not be limited to\ninformation on costs related to labor, physical plant maintenance and\nfood and utility expenditures as well as information on the maximum\nnumber of juveniles that can be placed in office facilities and staffing\nlevels at such facilities. Such report shall also include information on\njuveniles that have been moved from one facility to another during the\ncalendar year and shall name the facilities from which such juveniles\nwere moved and in which they were later placed. If the report provided\npursuant to this paragraph is based, in whole or in part, on an audit\nperformed on behalf of the office of children and family services, the\noffice of children and family services shall provide the state\nlegislature and social services districts with a copy of such audit at\nthe time it provides the report for the prior calendar year.\n (b) The director of the division for youth, subject to approval of the\ndirector of the budget and certification to the chairmen of the senate\nfinance and assembly ways and means committees, shall compute a separate\nrate according to which all social services districts shall be\nreimbursed for care, maintenance and supervision provided by each\nauthorized agency; provided, however, the basic rate for each agency may\nbe supplemented or reduced to reflect cost variations attributable to\ntransportation, medical care and other direct costs.\n (c) The director of the division for youth, subject to the approval of\nthe director of the budget and certification to the chairmen of the\nsenate finance and assembly ways and means committees, may establish a\nsingle per diem rate for all division facilities or may establish\nseparate rates as may be appropriate to reflect the differentials in\ncost of specific division programs.\n 8. The director of the division for youth may adopt, amend or rescind\nall rules and regulations, subject to the approval of the director of\nthe budget and certification to the chairmen of the senate finance and\nassembly ways and means committees, necessary to carry out the\nprovisions of this section, including those necessary to insure that\nreimbursement for care, maintenance and supervision in division and\nnon-division facilities is determined according to comparable criteria.\n 9. All reimbursement made by social services districts for care,\nmaintenance and supervision under this section shall be paid directly to\nthe state through the office of children and family services for deposit\ninto a miscellaneous special revenue fund known as the youth facility\nper diem account.\n