§ 2558 — Responsibility for certain temporary-resident infants and toddlers with disabilities

§ 2558. Responsibility for certain temporary-resident infants and\ntoddlers with disabilities. 1. Definitions. In addition to the\ndefinitions contained in section twenty-five hundred forty-one of this\ntitle, the following terms shall have the following meanings:\n (a) "Foster child" shall mean a child in the care, custody or\nguardianship of a commissioner of a local social services district.\n (b) "Homeless child" shall mean a child placed in a hotel, motel,\nshelter, or other temporary housing arrangement by a social services\ndistrict because of the unavailability of permanent housing.\n (c) "Municipality of current location" shall mean a municipality in\nwhich a child lives which is different from the municipality in which a\nchild or such child's family lived at the time a social services\ndistrict assumed responsibility for the placement of such child or\nfamily or at the time the child was admitted for care or treatment in a\nfacility licensed or operated by another state agency.\n (d) "Municipality of residence" shall mean the municipality in which a\nchild or such child's family lived at the time the local social services\ndistrict assumed responsibility or custody for such child or family or\nat the time the child was admitted for care or treatment in a facility\nlicensed or operated by another state agency.\n (e) "Child in residential care" shall mean an infant or toddler living\nin a residential facility licensed or operated by a state agency. For\nthe purposes of subdivisions two, three and four of this section, a\nchild in residential care shall be deemed to be a homeless child.\n 2. Evaluation and IFSP responsibility. The municipality of current\nlocation of a foster child or homeless child shall be responsible for\nthe evaluation and IFSP procedures prescribed for an infant or toddler\nsuspected of having a disability. The municipality of current location\nshall identify to the commissioner each eligible foster child or\nhomeless child, and the municipality of current location of such child\nshall also transmit a copy of the IFSP and cost of service of such child\nto the municipality of residence.\n 3. Contract and payment responsibility. The municipality of current\nlocation shall be the municipality of record for an eligible foster\nchild or homeless child for the purposes of this title, provided that\nnotwithstanding the provision of subdivision two of section twenty-five\nhundred fifty-seven of this title, the state shall reimburse one hundred\npercent of the approved costs paid by such municipality which shall be\noffset by the local contribution due pursuant to subdivision four of\nthis section.\n 4. Local contribution. The municipality of residence shall be\nfinancially responsible for the local contribution in the amount of\nfifty percent of the amount expended provided, however, that in the\ndiscretion of the department and with the approval of the director of\nthe division of the budget, in accordance with subdivision two of\nsection twenty-five hundred fifty-seven of this title, the department\nmay require that municipalities be financially responsible for a local\ncontribution in an amount less than fifty percent of the amount\nexpended. The commissioner shall certify to the comptroller the amount\nof the local contribution owed by each municipality to the state. The\ncomptroller shall deduct the amount of such local contribution first\nfrom any moneys due the municipality pursuant to section twenty-five\nhundred fifty-six of this title and then from any other moneys due or to\nbecome due to the municipality.\n