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This entry was published on 2014-09-22
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SECTION 410-C
State reimbursement
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 5
§ 410-c. State reimbursement. 1. (a) Expenditures made by counties,
cities, and towns for day care and its administration, and day care
center projects, pursuant to the provisions of this title, shall, if
approved by the department, be subject to reimbursement by the state, in
accordance with the regulations of the department, as follows: There
shall be paid to each county, city or town (1) the amount of federal
funds, if any, properly received or to be received on account of such
expenditures; (2) fifty per centum of its expenditures for day care and
its administration and day care center projects, after first deducting
therefrom any federal funds received or to be received on account
thereof, and any expenditures defrayed by fees paid by parents or by
other private contributions.

(b) For the purpose of this title, expenditures for administration of
day care shall include expenditures for compensation of employees in
connection with the furnishing of day care, including but not limited to
costs incurred for pensions, federal old age and survivors insurance and
health insurance for such employees; training programs for personnel,
operation, maintenance and service costs; and such other expenditures
such as equipment costs, depreciation and charges and rental values as
may be approved by the department. It shall not include expenditures for
capital costs. In the case of day care purchased from a non-profit
corporation constituting an eligible borrower pursuant to title five-a
of this article, expenditures shall include an allocable proportion of
all operating costs of such facility as may be approved by the
department including but not limited to the expenditures enumerated in
this paragraph (b) and expenditures for amortization, interest and other
financing costs of any mortgage loan made to such non-profit
corporation.

2. (a) Claims for state reimbursement shall be made in such form and
manner and at such times and for such periods as the department shall
determine.

(b) When certified by the department, state reimbursement shall be
paid from the state treasury upon the audit and warrant of the
comptroller out of funds made available therefor.

3. The department is authorized in its discretion to approve and
certify to the comptroller for payment, advances to counties, cities or
towns in anticipation of the state reimbursement provided for in this
section.

4. Payment of state reimbursement and advances shall be made to local
fiscal officers as in the case of state reimbursement for public
assistance and care under other provisions of this chapter.

5. (a) As used in this subdivision "school age child day care
programs" shall mean programs which offer care to school age children
under the age of fourteen before or after the period when these children
are in school. Such programs may include, but are not limited to,
programs provided in school buildings in accordance with paragraph (i)
of subdivision one of section four hundred fourteen of the education
law.

(b) The commissioner shall, within appropriations made available
therefor, select proposed school age child day care programs which shall
be eligible to receive an award of no more than twenty-five thousand
dollars for start up or expansion costs, including planning, rental,
operational and equipment costs, or minor renovations identified as
being necessary in order for the program to comply with applicable state
or local building, fire safety or licensing standards, based on plans
submitted to him. The commissioner shall give preference to those areas
of the state which are significantly underserved by existing school age
child day care programs and to those programs which involve parents in
the development and implementation of programs. The commissioner shall
publicize this availability of funds to be used for purposes of this
subdivision in awarding grants. Plans may be submitted by private
not-for-profit corporations, organizations or governmental subdivisions.

(c) Notwithstanding any other provisions of law, social services
districts shall be authorized to purchase services which are to be
provided pursuant to this subdivision from programs which have been
approved by the commissioner to receive funds pursuant to this
subdivision.

6. Any other provision of law notwithstanding, and within amounts
appropriated therefor, the department shall have authority to make
start-up grants to prospective programs that will provide child day
care, as such term is defined in section three hundred ninety of this
article, from any funds available for such purpose.