N.Y. Comp. Codes R. & Regs. tit. 18 § 628.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 628.3 - Classifications of child care reimbursement claiming

Reimbursement may be claimed pursuant to this Part for the following items of child care:

(a)Child care (foster care).

Cost of foster care of children, pursuant to title 2 of article 6 of the Social Services Law for:

(1) Payments to family boarding homes or child-caring institutions or other suppliers of care and service, including medical care, for care of:

(i) destitute children, as such term is defined in section 371 (3) of the Social Services Law and section 1092 of the Family Court Act;

(ii) abused, neglected or abandoned children committed or discharged by a Family Court to the custody of the social services official, or placed under his or her custody by the Family Court pending adjudication of the alleged abuse, neglect or abandonment;

(iii) delinquent children committed or placed, or person in need of supervision placed, in the care of a public welfare official by the Family Court;

(iv) children born out of wedlock for whom care cannot be provided in the mother's own home;

(v) a mother of a child born out of wedlock, during pregnancy, and during and after delivery of such child, when care cannot be provided in the mother's own home or is not being met through ADC;

(vi) children voluntarily placed into foster care pursuant to section 384 or 384-a of the Social Services Law;

(vii) children in foster care who are under the age of 18 years or under the age of 21 years if a student attending a school, college or university or regularly attending a course of vocational or technical training designed to fit him or her for gainful employment or between the ages of 18 and 21 years who lack the skills or abilities to live independently and consent to continue in care;

(viii) children discharged from State institutions for delinquent, mentally and physically handicapped children, when it is deemed unwise to return any such child to his or her own home, on discharge, and with the consent of the local social services commissioner; or

(ix) children of minor parents, the costs of whose care and maintenance become a portion of the costs of the minor parent's care and maintenance, when the minor parent and his or her child or children reside in the same foster family home or residential facility and such child or children are not in the care and custody or custody and guardianship of the local commissioner of social services.

(2) Payments for expert mental and physical examinations for:

(i) destitute children, as such term is defined in section 371 (3) of the Social Services Law and section 1092 of the Family Court Act;

(ii) abused, neglected or abandoned children committed or discharged to the care of the public welfare official by a Family Court, or awaiting court action;

(iii) delinquent children committed or placed, or persons in need of supervision placed in the care of a public welfare official by the Family Court;

(iv) mentally and physically handicapped children but only to the extent of ascertaining mental or physical condition in order to seek appropriate care pursuant to the Mental Hygiene and Education Laws or Family Court Act;

(v) children whose guardianship and custody or care and custody are voluntarily placed with a social services official pursuant to section 384 or 384-a of the Social Services Law;

(vi) children born out of wedlock; and

(vii) children of minor parents, the cost of whose care and maintenance become a portion of the costs of the minor parents care and maintenance, when the minor parent and his or her child or children reside in the same foster family home or residential facility and such child or children are not in the care and custody or custody and guardianship of the local commissioner of social services.

(3) Payments to a college or university when a foster child for whom the social services official has been providing foster care is attending and residing at the college or university away from the foster care facility in which he or she has been placed. Such payments may be made only for room and board, if not otherwise provided, and shall not exceed the amount which the local social services district would pay to a foster family for that child.

(4) Reimbursement of expenditures for care of a child in either direct or indirect care shall not include per diem costs of absences, except as follows:

(i) all weekend visits;

(ii) all school and religious holidays;

(iii) vacation-up to 15 days per calendar year, excluding weekend visits;

(iv) all organized school trips;

(v) detention-up to seven consecutive days;

(vi) running away--up to seven consecutive days, except authorized agencies that have received approval from the Office of Children and Family Services to operate a program for youth who have been or are at risk of sex trafficking, pursuant to Part 440 of this Title, may be reimbursed for up to 14 consecutive days for youth who have been or are at risk of sex trafficking who run away.

(vii) home on trial-up to seven consecutive days;

(viii) absences due to hospitalization-up to 15 days per calendar year, except that in cases in which a child is diagnosed as having acquired immune deficiency syndrome (AIDS) or AIDS related complex (ARC) or has tested positive for human immune deficiency virus (HIV) or any infection with the probable causative agent of AIDS, the maximum number of absences per each episode of hospitalization for which reimbursement shall be available is as follows:

(a) up to 30 days of absence for children residing in a group home, group residence, agency boarding home, institution or approved residential school for the handicapped prior to the hospitalization; and

(b) up to 60 days of absence for children residing in a foster family boarding home prior to the hospitalization. Reimbursement in such cases shall include both administrative expenses and the pass-through payment to the foster parent;

(ix) visits to potential foster or adoptive parents-up to seven consecutive days per visit; and

(x) respite care and service provided pursuant to Part 435 of this Title.

(b)Child care (subsidized adoption).

Cost of the care and support of a child or minor, pursuant to title 9 of article 6 of the Social Services Law, who has been adopted and amounts as may be necessary to cover items associated with the care and maintenance of a child or children of a minor parent if such minor parent has been adopted with subsidy and his or her child or children remain(s) with him or her in the adoptive placement.

(c)Hospital care.

Cost of care provided in a hospital upon authorization of the responsible social services official. Care in a hospital means inpatient care and includes physicians' services and other services rendered a patient while in the hospital to the extent expenditures, if any, are made for such services. Expenditures for hospital care are eligible for reimbursement for child care (foster care) recipients as follows:

(1) destitute children, as such term is defined in section 371 (3) of the Social Services Law and section 1092 of the Family Court Act;

(2) abused, neglected or abandoned children committed or discharged by a Family Court to the care of a social services official, or placed under his or her temporary custody by the Family Court pending adjudication of the alleged abuse, neglect or abandonment;

(3) delinquent children committed or placed, or persons in need of supervision placed, in the care of social services officials by the Family Court;

(4) children born out of wedlock and the mothers of such children in connection with the birth of such children;

(5) children discharged from State institutions for the delinquent, and physically handicapped, when it is deemed unwise to return such child to his or her own home and the social services commissioner consents to his care;

(6) pregnant women inmates of public homes, during delivery of their children, when the public home is not certified by the State Department of Social Services for maternity care and such care must be provided;

(7) children voluntarily placed into foster care pursuant to section 384 or 384-a of the Social Services Law;

(8) children in foster care who are under the age of 18 years, or under the age of 21 years if a student attending a school, college or university or regularly attending a course of vocational or technical training designed to fit him or her for gainful employment or between the ages of 18 and 21 who lack the skills or abilities to live independently and consent to continue in care;

(9) children committed or remanded as abused, neglected or abandoned by Family Courts to private institutions or agencies; or

(10) children of minor parents, the costs of whose care and maintenance become a portion of the minor parent's care and maintenance, when the minor parent and his or her child or children reside in the same foster family home or residential facility and such child or children are not in the care and custody or custody and guardianship of the local commissioner of social services.

(d)Children's shelter.

Costs of temporary care provided children, with the approval of the department, in a shelter operated by a social services district, including the cost of operation and maintenance of a shelter to provide temporary care of the classes of children specified in section 398 of the Social Services Law, in accordance with any applicable State rules or regulations, such care to include food, clothing, shelter, and incidental items necessary for temporary care in the shelter.

(e)Child care (abandoned and neglected children committed or remanded by Family Courts to private institutions or agencies).

Cost of care and maintenance, including cost of hospital care of abused, neglected and abandoned children who have been remanded or committed to private institutions or agencies by Family Courts.

(f)Day care services.

(1) Reimbursement may be claimed pursuant to the Social Services Law by a social services district for its expenditures for day care services for children provided in accordance with the provisions of the regulations of the Office of Children and Family Services when:

(i) there is a completed application and authorization on file;

(ii) there are attendance records maintained by the provider for each child receiving care;

(iii) child care rates paid individual day care providers are established on the basis of actual costs but are not more than the applicable rates set forth in section 415.9 of this Title less the amount of the family share required to be paid by the child's caretaker; and

(iv) claims for State and Federal reimbursement are submitted on the basis of the type of child care setting in the form and manner and at the times required by the Office of Children and Family Services.

(g) [Reserved]

(h)Foster care payment rates for supplemental security income (SSI) beneficiaries.

(1) Any regular payments to a foster family or an authorized child caring agency, made for an individual child in receipt of SSI, which are in excess of the SSI benefit and the minimum State SSI supplement, shall be limited in use to purposes other than support and maintenance (i.e., room, board, clothing and regular supervision). Such additional supplemental payments shall be utilized for purposes such as the provision of social services for the child and the cost of providing additional supervision needed because of a child's handicap or disability.

(2) Availability of SSI benefit and regular State supplemental payment to meet the cost of care.

(i) When a child is receiving foster care from an authorized voluntary childcaring agency, the SSI benefit and the regular State supplemental SSI benefit paid to the child shall be considered available to meet the cost of care and maintenance including administration and services provided as part of a comprehensive plan of care by such agency.

(ii) When a child is receiving foster care from a family and placement was made by the local social services district, the SSI benefit and the regular State supplemental SSI benefit paid to the child shall be considered available to meet the cost of care and maintenance.

(3) The cost of administration and services provided directly by staff of the social services district may not be recovered.

(i) Other expenditures for child care when authorized by the department.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 628.3

Amended New York State Register June 17, 2015/Volume XXXVII, Issue 24, eff. 6/17/2015

Amended New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022