§ 456. State reimbursement and payments. 1. Payments made by social
services officials 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 social services district (a) the amount of federal
funds, if any, properly received or to be received on account of such
payments; and (b) except as set forth below, seventy-five per centum of
such payments after first deducting therefrom any federal funds properly
received or to be received on account thereof; provided, however, that
when payments under section four hundred fifty-three of this title are
made to a person or persons residing in a social services district whose
board rate exceeds that of the district making such payments, that
portion of the payments which exceeds the board rate of the district
making the payments shall be subject to reimbursement by the state in
the amount of one hundred per centum thereof, or (c) one hundred per
centum of such payments after first deducting therefrom any federal
funds properly to be received on account of such payments, for children
placed out for adoption or being adopted after being placed out for
adoption by an Indian tribe as referenced in subdivision seven of
section four hundred fifty-one of this title.

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. Notwithstanding any other provision of law to the contrary, for a
child who has been placed for adoption by a voluntary authorized agency
with guardianship and custody or care and custody of such child, as
referenced in subdivision one of section four hundred fifty-one of this
title, payments available under section four hundred fifty-three, four
hundred fifty-three-a or four hundred fifty-four of this title shall be
made by the state pursuant to a written agreement between an official of
the office of children and family services and the persons who applied
for such payments prior to adoption. Notwithstanding any other provision
of law to the contrary, the office of children and family services shall
not enter into written agreements for, or issue, any such payments in
instances where the person or persons applying for such payments reside
outside of the state of New York at the time the application for such
payments is made.