§ 458-n. Funding for family support services programs. 1.
Notwithstanding any other provision of law to the contrary, to the
extent that funds are available for such purpose and specifically
appropriated therefor, the office of children and family services shall
distribute funding to the highest need municipality which shall mean a
county or a city with a population of one million or more to contract
with not-for-profit corporations to operate family support services
programs in accordance with the provisions of this title and the
specific program model requirements issued by the office.

2. Notwithstanding any other provision of law to the contrary, when
determining the highest need municipality pursuant to this subdivision,
the office may consider factors that may include, but are not
necessarily limited to:

(a) the total amount of available funding and the amount of funding
required for family support services programs to meet the objectives
outlined in section four hundred fifty-eight-m of this title;

(b) relevant, available statistics regarding each municipality, a
group of two or more municipalities that jointly seek to fund and
administer a family support services program in accordance with
subdivision four of this section which may include, but not necessarily
be limited to:

(i) the availability of services within such municipality to prevent
or reduce detention or residential placement of youth pursuant to
article seven of the family court act; and

(ii) relative to the youth population of such municipality:

(1) the number of petitions filed pursuant to article seven of the
family court act; or

(2) the number of placements of youth into residential care or
detention pursuant to article seven of the family court act as
applicable, over the last five years;

(c) any reported performance outcomes reported to the office pursuant
to subdivision three of this section for programs that previously
received funding pursuant to this title; or

(d) other appropriate factors as determined by the office.

3. Municipalities receiving funding under this title shall report to
the office of children and family services, in the form and manner and
at such times as determined by the office, on the performance outcomes
of any family support service program located within such municipalities
that receives funding under this title.

4. Two or more eligible municipalities within a close geographic
within a close geographic proximity to each other may enter into an
agreement to jointly seek funding for and jointly administer family
support services programs to service eligible youth and families within
such municipalities in accordance with this section. Such agreements
shall include provisions for the proportionate cost to be borne by each
municipality and for the manner of employment of personnel and may
provide that a fiscal officer of one such municipality shall be the
custodian of the moneys made available for expenditure for such purposes
by all such municipalities and that such fiscal officer may make
payments therefrom upon audit of the appropriate auditing body or
officer of his or her municipality. In making claims for state aid
pursuant to section, each such municipality shall claim for its
proportionate share of the total joint expenditures so made. However,
where it is provided that there shall be a disbursing municipality, such
disbursing municipality shall claim for the total joint program
expenditures so made and shall disburse such state aid to each
participating municipality based upon the proportionate share of
expenditures so made.

5. Notwithstanding the provisions of subdivisions two, three and four
of this section, a municipality, consistent with its approved plan for
supervision and treatment services for juveniles program, may utilize
any funding available to such municipality pursuant to section five
hundred twenty-nine-b of the executive law to fund family support
services programs pursuant to this title.