§ 529. Reimbursement for institutional care, aftercare supervision and
foster care. 1. Definitions. As used in this section:

(a) "authorized agency", "certified boarding home", "local charge" and
"state charge" shall have the meaning ascribed to such terms by the
social services law;

(b) "aftercare supervision" shall mean supervision of released or
discharged youth, not in foster care; and,

(c) "foster care" shall mean residential care, maintenance and
supervision provided released or discharged youth, or youth otherwise in
the custody of the division for youth, in a division foster family home
certified by the division.

(d) "division foster family home" means a service program provided in
a home setting available to youth under the jurisdiction of the division
for youth.

2. Expenditures made by the office of children and family services for
care, maintenance and supervision furnished youth, including alleged and
adjudicated juvenile delinquents and persons in need of supervision,
placed or referred, pursuant to titles two or three of this article, and
juvenile offenders, youthful offenders and adolescent offenders
committed pursuant to the penal law, in the office's programs and
facilities, shall be subject to reimbursement to the state by the social
services district from which the youth was placed or by the social
services district in which the juvenile offender resided at the time of
commitment, in accordance with this section and the regulations of the
office, as follows: fifty percent of the amount expended for care,
maintenance and supervision of local charges including juvenile
offenders.

4. Expenditures made by the division for youth for foster care shall
be subject to reimbursement to the state by the social services district
from which the youth was placed, in accordance with the regulations of
the division, as follows: fifty percent of the amount expended for care,
maintenance and supervision of local charges.

5. (a) Expenditures made by the division for youth for aftercare
supervision shall be subject to reimbursement to the state by the social
services district from which the youth was placed, in accordance with
regulations of the division, as follows: fifty percent of the amount
expended for aftercare supervision of local charges.

(b) Expenditures made by social services districts for aftercare
supervision of adjudicated juvenile delinquents and persons in need of
supervision provided (prior to the expiration of the initial or extended
period of placement or commitment) by the aftercare staff of the
facility from which the youth has been released or discharged, other
than those under the jurisdiction of the division for youth, in which
said youth was placed or committed, pursuant to directions of the family
court, shall be subject to reimbursement by the state, upon approval by
the division and in accordance with its regulations, as follows:

(1) the full amount expended by the district for aftercare supervision
of state charges;

(2) fifty percent of the amount expended by the district for aftercare
supervision of local charges.

(c) Expenditures made by the division for youth for contracted
programs and contracted services pursuant to subdivision seven of
section five hundred one of this article, except with respect to urban
homes and group homes, shall be subject to reimbursement to the state by
the social services district from which the youth was placed, in
accordance with this section and the regulations of the division as
follows: fifty percent of the amount expended for the operation and
maintenance of such programs and services.

5-a. The social services district responsible for reimbursement to the
state shall remain the same if during a period of placement or extension
thereof, a child commits a criminal act while in a division facility,
during an authorized absence therefrom or after absconding therefrom and
is returned to the division following adjudication or conviction for the
act by a court with jurisdiction outside the boundaries of the social
services district which was responsible for reimbursement to the state
prior to such adjudication or conviction.

6. Separate per diem rates shall be computed, as provided below, for
all of the following categories of care reimbursable pursuant to this
section: institutional care in office of children and family services
facilities; foster care provided by the office of children and family
services; contracted programs and contracted services pursuant to
subdivision seven of section five hundred one of this article; programs
provided by the office of children and family services as alternatives
to institutional care; aftercare supervision provided by the office;
and, aftercare supervision provided by authorized agencies, other than
the office, on behalf of social services districts.

(a) No later than December thirty-first each year, the office of
children and family services shall provide the speaker of the assembly,
the temporary president of the senate, and social services districts
with a detailed report on total cost and the operating capacity at
office of children and family services facilities during the prior
calendar year. Such report shall include but need not be limited to
information on costs related to labor, physical plant maintenance and
food and utility expenditures as well as information on the maximum
number of juveniles that can be placed in office facilities and staffing
levels at such facilities. Such report shall also include information on
juveniles that have been moved from one facility to another during the
calendar year and shall name the facilities from which such juveniles
were moved and in which they were later placed. If the report provided
pursuant to this paragraph is based, in whole or in part, on an audit
performed on behalf of the office of children and family services, the
office of children and family services shall provide the state
legislature and social services districts with a copy of such audit at
the time it provides the report for the prior calendar year.

(b) The director of the division for youth, subject to approval of the
director of the budget and certification to the chairmen of the senate
finance and assembly ways and means committees, shall compute a separate
rate according to which all social services districts shall be
reimbursed for care, maintenance and supervision provided by each
authorized agency; provided, however, the basic rate for each agency may
be supplemented or reduced to reflect cost variations attributable to
transportation, medical care and other direct costs.

(c) The director of the division for youth, subject to the approval of
the director of the budget and certification to the chairmen of the
senate finance and assembly ways and means committees, may establish a
single per diem rate for all division facilities or may establish
separate rates as may be appropriate to reflect the differentials in
cost of specific division programs.

8. The director of the division for youth may adopt, amend or rescind
all rules and regulations, subject to the approval of the director of
the budget and certification to the chairmen of the senate finance and
assembly ways and means committees, necessary to carry out the
provisions of this section, including those necessary to insure that
reimbursement for care, maintenance and supervision in division and
non-division facilities is determined according to comparable criteria.

9. All reimbursement made by social services districts for care,
maintenance and supervision under this section shall be paid directly to
the state through the office of children and family services for deposit
into a miscellaneous special revenue fund known as the youth facility
per diem account.