§ 2558. Responsibility for certain temporary-resident infants and
toddlers with disabilities. 1. Definitions. In addition to the
definitions contained in section twenty-five hundred forty-one of this
title, the following terms shall have the following meanings:

(a) "Foster child" shall mean a child in the care, custody or
guardianship of a commissioner of a local social services district.

(b) "Homeless child" shall mean a child placed in a hotel, motel,
shelter, or other temporary housing arrangement by a social services
district because of the unavailability of permanent housing.

(c) "Municipality of current location" shall mean a municipality in
which a child lives which is different from the municipality in which a
child or such child's family lived at the time a social services
district assumed responsibility for the placement of such child or
family or at the time the child was admitted for care or treatment in a
facility licensed or operated by another state agency.

(d) "Municipality of residence" shall mean the municipality in which a
child or such child's family lived at the time the local social services
district assumed responsibility or custody for such child or family or
at the time the child was admitted for care or treatment in a facility
licensed or operated by another state agency.

(e) "Child in residential care" shall mean an infant or toddler living
in a residential facility licensed or operated by a state agency. For
the purposes of subdivisions two, three and four of this section, a
child in residential care shall be deemed to be a homeless child.

2. Evaluation and IFSP responsibility. The municipality of current
location of a foster child or homeless child shall be responsible for
the evaluation and IFSP procedures prescribed for an infant or toddler
suspected of having a disability. The municipality of current location
shall identify to the commissioner each eligible foster child or
homeless child, and the municipality of current location of such child
shall also transmit a copy of the IFSP and cost of service of such child
to the municipality of residence.

3. Contract and payment responsibility. The municipality of current
location shall be the municipality of record for an eligible foster
child or homeless child for the purposes of this title, provided that
notwithstanding the provision of subdivision two of section twenty-five
hundred fifty-seven of this title, the state shall reimburse one hundred
percent of the approved costs paid by such municipality which shall be
offset by the local contribution due pursuant to subdivision four of
this section.

4. Local contribution. The municipality of residence shall be
financially responsible for the local contribution in the amount of
fifty percent of the amount expended provided, however, that in the
discretion of the department and with the approval of the director of
the division of the budget, in accordance with subdivision two of
section twenty-five hundred fifty-seven of this title, the department
may require that municipalities be financially responsible for a local
contribution in an amount less than fifty percent of the amount
expended. The commissioner shall certify to the comptroller the amount
of the local contribution owed by each municipality to the state. The
comptroller shall deduct the amount of such local contribution first
from any moneys due the municipality pursuant to section twenty-five
hundred fifty-six of this title and then from any other moneys due or to
become due to the municipality.