Legislation
SECTION 420
State aid
Executive (EXC) CHAPTER 18, ARTICLE 19-A
§ 420. State aid. 1. a. (1) Each municipality operating a youth
development program approved by the office of children and family
services shall be eligible for one hundred percent state reimbursement
of its qualified expenditures, subject to available appropriations and
exclusive of any federal funds made available therefor, not to exceed
the municipality's distribution of state aid under this article.
(2) The state aid appropriated for youth development programs shall be
distributed by the office of children and family services to eligible
municipalities that have an approved comprehensive plan pursuant to
subparagraph two of paragraph c of this subdivision. Such state aid
shall be limited to the funds specifically appropriated therefor and
shall be based on factors that shall include the number of youth under
the age of twenty-one residing in the municipality as shown by the last
published federal census certified in the same manner as provided by
section fifty-four of the state finance law and may include, but not be
limited to, the percentage of youth living in poverty within the
municipality or such other factors as provided for in the regulations of
the office.
(3) The office shall not reimburse any claims under this section
unless they are submitted within twelve months of the calendar quarter
in which the expenditure was made. The office may require that such
claims be submitted to the office electronically in the manner and
format required by the office.
(4) A comprehensive plan developed in accordance with paragraph c of
this subdivision may provide for the funding of local youth bureaus that
have been approved in accordance with section four hundred twenty-two of
this article and municipal youth bureaus. Provided however, that an
approved local youth bureau that is not providing, operating,
administering or monitoring youth development programs shall not receive
funding pursuant to this subdivision. Provided, further that up to
fifteen percent of the youth development funds that a municipality
determines will be provided to a local youth bureau in accordance with
clause (ii) of subparagraph one of paragraph c of this subdivision may
be used for administrative functions performed by such local youth
bureau.
(5) If a municipality does not allocate youth development funding
pursuant to the information contained within the municipality's
comprehensive plan in accordance with clause (ii) of subparagraph one of
paragraph c of this subdivision, the office may authorize or require the
comptroller to withhold the payment of state aid to such municipality in
accordance with section four hundred twenty-one of this article.
b. Youth development programs shall provide community-level services
designed to promote positive youth development. Such programs may
include, but not be limited to: programs that promote physical and
emotional wellness, educational achievement or civic, family and
community engagement; family support services; services to prevent
juvenile delinquency, child abuse and neglect; services to avert family
crises; and services to assist youth in need of crisis intervention or
respite services. Subject to the regulations of the office, a
municipality may enter into contracts to effectuate its youth
development program established and approved as provided in this
article.
c. Each municipality shall develop, in consultation with the
applicable municipal youth bureau, a comprehensive plan to offer youth
development programs. Such comprehensive plan shall be subject to the
approval of the office of children and family services in accordance
with subparagraph two of this paragraph and shall be submitted by each
municipality in a manner and at such times and for such periods as the
office of children and family services shall determine.
(1) Such comprehensive plan shall:
(i) describe the need in the municipality for youth development
programs, and specify, at minimum, how the municipality will address the
need for youth development in villages, towns and cities which have a
youth population of twenty thousand or more persons;
(ii) detail how the municipality will allocate the funding it receives
pursuant to this subdivision, including an accounting of all of the
eligible entities within such municipality that will receive funding
under this subdivision, the youth development services that such
entities will provide, and the amount of funding that each entity will
receive;
(iii) specify how the municipality will measure performance outcomes
for such services and programs covered under the plan;
(iv) specify the projected performance outcomes for services and
programs covered under the plan, including projected positive outcomes
for youth who participate in the services and programs; and
(v) provide information on the performance outcomes of services
provided under the municipality's most recent plan approved pursuant to
this subdivision, including outcome based measures that demonstrate the
quality of services provided and program effectiveness of programs
funded under such plan.
(2) The office of children and family services may approve all or part
of a municipality's comprehensive plan. If the office does not approve a
municipality's comprehensive plan, such municipality shall have sixty
days from receipt of the notification of disapproval to submit a revised
plan.
(3) If the municipality is seeking state aid to provide services for
runaway and homeless youth, as defined in article nineteen-H of this
chapter, the runaway and homeless youth plan, as required by subdivision
two of this section, shall be submitted as part of the comprehensive
plan that is required pursuant to this paragraph; provided however, that
state aid to provide services for runaway and homeless youth services
shall be from, and limited to, funds appropriated separately for such
runaway and homeless youth program purposes by the state, and shall not
be included under the limits set forth in this subdivision.
2. Runaway and homeless youth plan; state aid.
a. (1) A municipality may submit to the office of children and family
services a plan for the providing of services for runaway and homeless
youth, as defined in article nineteen-H of this chapter. Where such
municipality is receiving state aid pursuant to paragraph a of
subdivision one of this section, such runaway and homeless youth plan
shall be submitted as part of the comprehensive plan and shall be
consistent with the goals and objectives therein.
(2) A runaway and homeless youth plan shall be developed in
consultation with the municipal youth bureau and the county or city
department of social services, shall be in accordance with the
regulations of the office of children and family services, shall provide
for a coordinated range of services for runaway and homeless youth and
their families including preventive, temporary shelter, transportation,
counseling, and other necessary assistance, and shall provide for the
coordination of all available county resources for runaway and homeless
youth and their families including services available through the
municipal youth bureau, the county or city department of social
services, local boards of education, local drug and alcohol programs and
organizations or programs which have past experience dealing with
runaway and homeless youth.
(3) In its plan a municipality may:
(i) include provisions for transitional independent living support
programs and runaway and homeless youth crisis services programs as
provided in article nineteen-H of this chapter;
(ii) authorize services under article nineteen-H of this chapter to be
provided to homeless young adults, as such term is defined in section
five hundred thirty-two-a of this chapter;
(iii) authorize runaway and homeless youth to be served in accordance
with any of the following provisions of this chapter:
(A) paragraphs (a) and (b) of subdivision two of section five hundred
thirty-two-b;
(B) paragraph (b) of subdivision one of section five hundred
thirty-two-d;
(C) paragraph (c) of subdivision two of section five hundred
thirty-two-b;
(D) paragraph (c) of subdivision one of section five hundred
thirty-two-d;
(E) to allow a youth under the age of sixteen to be served in a
transitional independent living support program pursuant to subparagraph
(ii) of paragraph (a) of subdivision one of section five hundred
thirty-two-d; and
(iv) if a municipality provides shelter in accordance with items (C),
(D) and (E) of clause (iii) of this subparagraph, then such municipality
shall, within sixty days, notify the office of children and family
services in writing of the circumstances that made the provision of
shelter necessary, efforts made by the program to find suitable
alternative living arrangements for such youth, and the outcome of such
efforts. If the office determines that such shelter was inappropriate,
the office may instruct the program on how to seek a more suitable
alternative living arrangement.
(4) Such plan shall also provide for the designation and duties of the
runaway and homeless youth service coordinator defined in section five
hundred thirty-two-a of this chapter who is available on a twenty-four
hour basis and maintains information concerning available shelter space,
transportation and services.
(5) Such plan may include provision for the per diem reimbursement for
residential care of runaway and homeless youth in certified residential
runaway and homeless youth programs which are authorized agencies.
a-1. Each municipality that does not submit a runaway and homeless
youth plan in accordance with paragraph a of this subdivision, shall
include within their comprehensive plan submitted pursuant to
subdivision one of this section, an assessment of the need within the
municipality for services to assist runaway and homeless youth and youth
in need of crisis intervention or respite services. Provided however,
that state aid to provide for runaway and homeless youth services shall
be from and limited to funds appropriated separately for such runaway
and homeless youth program purposes by the state, and shall not be
included under the limits set forth in subdivision one of this section.
b. Each municipality shall submit to the office of children and family
services such additional information as the office shall require,
including but not limited to:
(1) A description of the current runaway and homeless population
including their age, place of origin, family status, service needs and
eventual disposition;
(2) A description of the public and private resources available to
serve runaway and homeless youth within the municipality;
(3) A description of new services to be provided and current services
to be expanded.
c. The office of children and family services shall review such plan
in accordance with subparagraph two of paragraph c of subdivision one of
this section and may approve or disapprove such plan or any part,
program, or project within such plan, and may propose such modifications
and conditions as deemed appropriate and necessary.
d. (1) Municipalities having an approved runaway and homeless youth
plan pursuant to this subdivision shall be entitled to reimbursement by
the state for sixty percent of the entire amount of the expenditures for
programs contained in such plan as approved by the office of children
and family services, after first deducting therefrom any federal or
other state funds received or to be received on account thereof. All
reimbursement pursuant to this subdivision shall be from and limited to
funds appropriated separately for such runaway and homeless youth
program purposes by the state, and shall not be included under the
limits set in subdivision one of this section. A municipality's share of
the cost of such programs may be met in part by donated private funds or
in-kind services, as defined by the office, provided that such private
funding or receipt of services shall not in the aggregate be more than
fifty percent of such municipality's share.
(2) Notwithstanding any inconsistent provision of law and subject to
funds appropriated separately therefor, a municipality having an
approved runaway and homeless youth plan which includes provisions for
transitional independent living support programs shall be entitled to
reimbursement by the state for sixty percent of the entire amount of the
approved expenditures for transitional independent living support
programs contained in the plan as approved by the office of children and
family services. The municipality's share of the cost of such programs
may be met by donated private funds or in-kind services, as defined by
the office, provided that such receipt of in-kind services shall not in
the aggregate be more than fifty percent of such municipality's share.
3. For the purpose of reimbursement by the state, administrative
expenses shall include compensation for personal services paid by a
municipality, to any employee for the purpose of administering the
benefits provided by this article. No state reimbursement shall be made,
however, for such compensation paid to any employee who lacks the
qualifications necessary for the work or who, after a trial period, is
considered by the commissioner unable to do satisfactory work.
4. Moneys appropriated for use of the commissioner shall be paid out
of the state treasury on the certificate of the commissioner or of an
officer of the office designated by the commissioner, after audit by and
upon the warrant of the comptroller.
5. a. Notwithstanding any other provision of law, the office of
children and family services shall plan for the statewide implementation
by the thirty-first day of December, two thousand eight, of a county
child and family services plan that combines the comprehensive plan
required by this section and the multi-year consolidated services plan
required by section thirty-four-a of the social services law into a
single plan.
b. All counties shall implement a county child and family services
plan prior to or for the two thousand eight plan year in accordance with
a schedule developed by the office of children and family services and
shall continue to implement such a plan thereafter. With the approval of
such office, a county may implement a child and family services plan
before the date required by such schedule.
c. The office of children and family services may waive any regulatory
requirements relating to the content and timing of comprehensive plans
that may impede the ability of a county to implement a county child and
family services plan.
d. Nothing in this subdivision shall be deemed to affect county
planning requirements under the mental hygiene law.
development program approved by the office of children and family
services shall be eligible for one hundred percent state reimbursement
of its qualified expenditures, subject to available appropriations and
exclusive of any federal funds made available therefor, not to exceed
the municipality's distribution of state aid under this article.
(2) The state aid appropriated for youth development programs shall be
distributed by the office of children and family services to eligible
municipalities that have an approved comprehensive plan pursuant to
subparagraph two of paragraph c of this subdivision. Such state aid
shall be limited to the funds specifically appropriated therefor and
shall be based on factors that shall include the number of youth under
the age of twenty-one residing in the municipality as shown by the last
published federal census certified in the same manner as provided by
section fifty-four of the state finance law and may include, but not be
limited to, the percentage of youth living in poverty within the
municipality or such other factors as provided for in the regulations of
the office.
(3) The office shall not reimburse any claims under this section
unless they are submitted within twelve months of the calendar quarter
in which the expenditure was made. The office may require that such
claims be submitted to the office electronically in the manner and
format required by the office.
(4) A comprehensive plan developed in accordance with paragraph c of
this subdivision may provide for the funding of local youth bureaus that
have been approved in accordance with section four hundred twenty-two of
this article and municipal youth bureaus. Provided however, that an
approved local youth bureau that is not providing, operating,
administering or monitoring youth development programs shall not receive
funding pursuant to this subdivision. Provided, further that up to
fifteen percent of the youth development funds that a municipality
determines will be provided to a local youth bureau in accordance with
clause (ii) of subparagraph one of paragraph c of this subdivision may
be used for administrative functions performed by such local youth
bureau.
(5) If a municipality does not allocate youth development funding
pursuant to the information contained within the municipality's
comprehensive plan in accordance with clause (ii) of subparagraph one of
paragraph c of this subdivision, the office may authorize or require the
comptroller to withhold the payment of state aid to such municipality in
accordance with section four hundred twenty-one of this article.
b. Youth development programs shall provide community-level services
designed to promote positive youth development. Such programs may
include, but not be limited to: programs that promote physical and
emotional wellness, educational achievement or civic, family and
community engagement; family support services; services to prevent
juvenile delinquency, child abuse and neglect; services to avert family
crises; and services to assist youth in need of crisis intervention or
respite services. Subject to the regulations of the office, a
municipality may enter into contracts to effectuate its youth
development program established and approved as provided in this
article.
c. Each municipality shall develop, in consultation with the
applicable municipal youth bureau, a comprehensive plan to offer youth
development programs. Such comprehensive plan shall be subject to the
approval of the office of children and family services in accordance
with subparagraph two of this paragraph and shall be submitted by each
municipality in a manner and at such times and for such periods as the
office of children and family services shall determine.
(1) Such comprehensive plan shall:
(i) describe the need in the municipality for youth development
programs, and specify, at minimum, how the municipality will address the
need for youth development in villages, towns and cities which have a
youth population of twenty thousand or more persons;
(ii) detail how the municipality will allocate the funding it receives
pursuant to this subdivision, including an accounting of all of the
eligible entities within such municipality that will receive funding
under this subdivision, the youth development services that such
entities will provide, and the amount of funding that each entity will
receive;
(iii) specify how the municipality will measure performance outcomes
for such services and programs covered under the plan;
(iv) specify the projected performance outcomes for services and
programs covered under the plan, including projected positive outcomes
for youth who participate in the services and programs; and
(v) provide information on the performance outcomes of services
provided under the municipality's most recent plan approved pursuant to
this subdivision, including outcome based measures that demonstrate the
quality of services provided and program effectiveness of programs
funded under such plan.
(2) The office of children and family services may approve all or part
of a municipality's comprehensive plan. If the office does not approve a
municipality's comprehensive plan, such municipality shall have sixty
days from receipt of the notification of disapproval to submit a revised
plan.
(3) If the municipality is seeking state aid to provide services for
runaway and homeless youth, as defined in article nineteen-H of this
chapter, the runaway and homeless youth plan, as required by subdivision
two of this section, shall be submitted as part of the comprehensive
plan that is required pursuant to this paragraph; provided however, that
state aid to provide services for runaway and homeless youth services
shall be from, and limited to, funds appropriated separately for such
runaway and homeless youth program purposes by the state, and shall not
be included under the limits set forth in this subdivision.
2. Runaway and homeless youth plan; state aid.
a. (1) A municipality may submit to the office of children and family
services a plan for the providing of services for runaway and homeless
youth, as defined in article nineteen-H of this chapter. Where such
municipality is receiving state aid pursuant to paragraph a of
subdivision one of this section, such runaway and homeless youth plan
shall be submitted as part of the comprehensive plan and shall be
consistent with the goals and objectives therein.
(2) A runaway and homeless youth plan shall be developed in
consultation with the municipal youth bureau and the county or city
department of social services, shall be in accordance with the
regulations of the office of children and family services, shall provide
for a coordinated range of services for runaway and homeless youth and
their families including preventive, temporary shelter, transportation,
counseling, and other necessary assistance, and shall provide for the
coordination of all available county resources for runaway and homeless
youth and their families including services available through the
municipal youth bureau, the county or city department of social
services, local boards of education, local drug and alcohol programs and
organizations or programs which have past experience dealing with
runaway and homeless youth.
(3) In its plan a municipality may:
(i) include provisions for transitional independent living support
programs and runaway and homeless youth crisis services programs as
provided in article nineteen-H of this chapter;
(ii) authorize services under article nineteen-H of this chapter to be
provided to homeless young adults, as such term is defined in section
five hundred thirty-two-a of this chapter;
(iii) authorize runaway and homeless youth to be served in accordance
with any of the following provisions of this chapter:
(A) paragraphs (a) and (b) of subdivision two of section five hundred
thirty-two-b;
(B) paragraph (b) of subdivision one of section five hundred
thirty-two-d;
(C) paragraph (c) of subdivision two of section five hundred
thirty-two-b;
(D) paragraph (c) of subdivision one of section five hundred
thirty-two-d;
(E) to allow a youth under the age of sixteen to be served in a
transitional independent living support program pursuant to subparagraph
(ii) of paragraph (a) of subdivision one of section five hundred
thirty-two-d; and
(iv) if a municipality provides shelter in accordance with items (C),
(D) and (E) of clause (iii) of this subparagraph, then such municipality
shall, within sixty days, notify the office of children and family
services in writing of the circumstances that made the provision of
shelter necessary, efforts made by the program to find suitable
alternative living arrangements for such youth, and the outcome of such
efforts. If the office determines that such shelter was inappropriate,
the office may instruct the program on how to seek a more suitable
alternative living arrangement.
(4) Such plan shall also provide for the designation and duties of the
runaway and homeless youth service coordinator defined in section five
hundred thirty-two-a of this chapter who is available on a twenty-four
hour basis and maintains information concerning available shelter space,
transportation and services.
(5) Such plan may include provision for the per diem reimbursement for
residential care of runaway and homeless youth in certified residential
runaway and homeless youth programs which are authorized agencies.
a-1. Each municipality that does not submit a runaway and homeless
youth plan in accordance with paragraph a of this subdivision, shall
include within their comprehensive plan submitted pursuant to
subdivision one of this section, an assessment of the need within the
municipality for services to assist runaway and homeless youth and youth
in need of crisis intervention or respite services. Provided however,
that state aid to provide for runaway and homeless youth services shall
be from and limited to funds appropriated separately for such runaway
and homeless youth program purposes by the state, and shall not be
included under the limits set forth in subdivision one of this section.
b. Each municipality shall submit to the office of children and family
services such additional information as the office shall require,
including but not limited to:
(1) A description of the current runaway and homeless population
including their age, place of origin, family status, service needs and
eventual disposition;
(2) A description of the public and private resources available to
serve runaway and homeless youth within the municipality;
(3) A description of new services to be provided and current services
to be expanded.
c. The office of children and family services shall review such plan
in accordance with subparagraph two of paragraph c of subdivision one of
this section and may approve or disapprove such plan or any part,
program, or project within such plan, and may propose such modifications
and conditions as deemed appropriate and necessary.
d. (1) Municipalities having an approved runaway and homeless youth
plan pursuant to this subdivision shall be entitled to reimbursement by
the state for sixty percent of the entire amount of the expenditures for
programs contained in such plan as approved by the office of children
and family services, after first deducting therefrom any federal or
other state funds received or to be received on account thereof. All
reimbursement pursuant to this subdivision shall be from and limited to
funds appropriated separately for such runaway and homeless youth
program purposes by the state, and shall not be included under the
limits set in subdivision one of this section. A municipality's share of
the cost of such programs may be met in part by donated private funds or
in-kind services, as defined by the office, provided that such private
funding or receipt of services shall not in the aggregate be more than
fifty percent of such municipality's share.
(2) Notwithstanding any inconsistent provision of law and subject to
funds appropriated separately therefor, a municipality having an
approved runaway and homeless youth plan which includes provisions for
transitional independent living support programs shall be entitled to
reimbursement by the state for sixty percent of the entire amount of the
approved expenditures for transitional independent living support
programs contained in the plan as approved by the office of children and
family services. The municipality's share of the cost of such programs
may be met by donated private funds or in-kind services, as defined by
the office, provided that such receipt of in-kind services shall not in
the aggregate be more than fifty percent of such municipality's share.
3. For the purpose of reimbursement by the state, administrative
expenses shall include compensation for personal services paid by a
municipality, to any employee for the purpose of administering the
benefits provided by this article. No state reimbursement shall be made,
however, for such compensation paid to any employee who lacks the
qualifications necessary for the work or who, after a trial period, is
considered by the commissioner unable to do satisfactory work.
4. Moneys appropriated for use of the commissioner shall be paid out
of the state treasury on the certificate of the commissioner or of an
officer of the office designated by the commissioner, after audit by and
upon the warrant of the comptroller.
5. a. Notwithstanding any other provision of law, the office of
children and family services shall plan for the statewide implementation
by the thirty-first day of December, two thousand eight, of a county
child and family services plan that combines the comprehensive plan
required by this section and the multi-year consolidated services plan
required by section thirty-four-a of the social services law into a
single plan.
b. All counties shall implement a county child and family services
plan prior to or for the two thousand eight plan year in accordance with
a schedule developed by the office of children and family services and
shall continue to implement such a plan thereafter. With the approval of
such office, a county may implement a child and family services plan
before the date required by such schedule.
c. The office of children and family services may waive any regulatory
requirements relating to the content and timing of comprehensive plans
that may impede the ability of a county to implement a county child and
family services plan.
d. Nothing in this subdivision shall be deemed to affect county
planning requirements under the mental hygiene law.