§ 387 — Ineligibility for public foster care funds; fiscal penalties

§ 387. * Ineligibility for public foster care funds; fiscal penalties.\n * NB Effective until June 30, 2027\n * Public foster care funds; ineligibility.\n * NB Effective June 30, 2027\n * 1. The office of children and family services shall, by regulation,\npromulgate standards to determine that an authorized agency, or one or\nmore of its programs or facilities, is ineligible to receive public\nfoster care funds or should be assessed a fiscal penalty. Such standards\nshall include the following:\n (a) lack of public need, including but not limited to geographic or\nprogrammatic need, for the agency or one or more of its programs or\nfacilities;\n (b) failure of the agency to promote the placement of children in\npermanent, safe family homes through return to the children's own\nfamilies or through adoption, or other appropriate objectives for\nchildren, as measured by such factors as length of stay in foster care\nfor children with similar personal and family characteristics; and\n (c) a pattern or practice of repeated violation of the provisions of\nthis chapter or of the regulations of the office of children and family\nservices promulgated thereunder.\n * NB Effective until June 30, 2027\n * 1. The department shall, by regulation, promulgate standards to\ndetermine that an authorized agency, or one or more of its programs or\nfacilities, is ineligible to receive public foster care funds. Such\nstandards shall include the following:\n (a) lack of public need, including but not limited to geographic or\nprogrammatic need, for the agency or one or more of its programs or\nfacilities;\n (b) failure of the agency to promote the placement of children in\npermanent family homes through return to the children's own families or\nthrough adoption, or other appropriate objectives for children, as\nmeasured by such factors as length of stay in foster care for children\nwith similar personal and family characteristics; and\n (c) a pattern or practice of repeated violation of the provisions of\nthis chapter or of the regulations of the department promulgated\nthereunder which have occasioned the denial of reimbursement pursuant to\nsection one hundred fifty-three-d or three hundred ninety-eight-b of\nthis chapter.\n Such standards shall be developed with the participation of the child\nwelfare standards advisory council established pursuant to section four\nhundred nine-h of this chapter and in consultation with public and\nvoluntary authorized agencies, citizens' groups and concerned\nindividuals and organizations including the state council on children\nand families.\n * NB Effective June 30, 2027\n * 2. A determination of ineligibility to receive public foster care\nfunds or the assessment of a fiscal penalty shall be made upon a finding\nof substantial noncompliance with one or more of the standards developed\nand adopted pursuant to subdivision one of this section. Such findings\nand determination shall be made in accordance with the hearing\nprocedures set forth in section four hundred sixty-d of this chapter\nrelating to the revocation, suspension or limiting of operating\ncertificates. Such determination shall be subject to judicial review in\naccordance with article seventy-eight of the civil practice law and\nrules.\n * NB Effective until June 30, 2027\n * 2. A determination of ineligibility to receive public foster care\nfunds shall be made upon a finding of substantial noncompliance with one\nor more of the standards developed and adopted pursuant to subdivision\none of this section. Such findings and determination shall be made in\naccordance with the hearing procedures set forth in section four hundred\nsixty-d of this chapter relating to the revocation, suspension or\nlimiting of operating certificates. Such determination shall be subject\nto judicial review in accordance with article seventy-eight of the civil\npractice law and rules.\n * NB Effective June 30, 2027\n 3. A determination of ineligibility to receive public foster care\nfunds shall specify whether it applies to the agency generally or to a\nparticular program or facility of the agency.\n 4. A social services official shall not purchase foster care from any\nauthorized agency, or program or facility thereof, which has been\ndetermined to be ineligible to receive public foster care funds in\naccordance with the provisions of this section. Any contract between a\nsocial services district and an authorized agency shall be deemed null\nand void to the extent that it is inconsistent with the provisions of\nthis subdivision.\n 5. The commissioner shall report forthwith in writing, to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly with respect to each case in which a determination of\nineligibility to receive public foster care funds has been made pursuant\nto this section. Such report shall contain the name of the agency and\nthe reason or reasons for the determination of ineligibility.\n * 6. Any fiscal penalty received by the office of children and family\nservices pursuant to this section shall be deposited to the credit of\nthe children and family services quality enhancement fund established\npursuant to section ninety-seven-yyy of the state finance law.\n * NB Repealed June 30, 2027\n