N.Y. Comp. Codes R. & Regs. tit. 22 § 117.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 117.3 - CASA Assistance Program

(a) Funding. This section establishes a program for the provision of grants of State assistance to individual CASA programs, which shall be known as the CASA Assistance Program. This program shall be administered by the Chief Administrator in order to disburse funds appropriated by the New York State Legislature, as well as funds received by the Unified Court System from any public or private agency or person, including the Federal government, to be used to assist CASA programs designated by a Family Court to assist the court. Payment of funds pursuant to this section shall be made pursuant to contract entered into between the Unified Court System and the grant recipient.

(b) Application procedures. No CASA Assistance Program grants funds may be disbursed to any CASA program unless the Chief Administrator first approves an application as provided hereunder.

(1) Who may apply. To be eligible for funding pursuant to this section, the CASA program shall comply with the provisions of section 117.2 of this Part and it shall:

(i) provide services without cost to the children and families served; and

(ii) whenever reasonable possible, make use of public facilities at free or nominal cost.

(2) When and where to apply. To be eligible for funding pursuant to this section, the CASA program or the not-for-profit corporation of which it is a part must file its application with the Chief Administrator at such time as directed by the Chief Administrator.

(3) Contents of application. Each application for grant funding filed with the Chief Administrator pursuant to this section shall be in such form as the Chief Administrator shall prescribe and shall include, at a minimum, the following:

(i) a specification of the amount of funding sought;

(ii) a detailed description of the purpose or purposes to which the funding will be applied and the administrative capacity of the applicant to operate the program;

(iii) a detailed description of the CASA program or programs that will benefit from the funding, including information as to numbers of staff and volunteers; qualifications, professional and employment backgrounds and education level of all staff and volunteers; caseload to be served in each county covered by the application; budget; availability of space and other operational support; facilities needs; information about the county or counties served; and the child protective and foster care populations in each county;

(iv) information concerning financial requirements, current available and anticipated resources, other sources of funding, from both private and government sources, and past applications for funding, if any;

(v) descriptions of: the past history, if any, of the CASA program to benefit from the funding sought, including such information concerning the program as may be specified by the Chief Administrator; the program's area of service; its staff; its sources of funding; its expenditures; and the number and types of Family Court proceedings in which the program has provided assistance and the results of that assistance; and

(vi) such other information as may be required by the Chief Administrator. The Chief Administrator may, at any time following the filing of an application for funding, request than an applicant or applicants furnish additional information or documentation to support the application.

(c) Review of applications and approval of funding. In reviewing an application for funding pursuant to this section, the Chief Administrator shall consider the following factors, among others, in connection with the CASA program on whose behalf the application is made:

(1) the need for the program in the county or counties to be served;

(2) the structure and scope of the program;

(3) the program's caseload and the level of support for a CASA program or programs within the community to be served;

(4) the cost of operation;

(5) the capacity of the applicant to administer the program;

(6) the extent to which the program complies with the provisions of section 117.2 of this Part; and

(7) any other considerations that may affect the provision of CASA services. An applicant for funding may be rejected if the Chief Administrator determines that the CASA program on whose behalf the application is made will be unable to comply with any of the requirements set forth in this Part. Nothing herein shall require the Chief Administrator to approve funding for any applicant.

(d) Program review and evaluation. The Chief Administrator shall monitor and evaluate each CASA program receiving funds pursuant to this section.

(1) Program reports. Each CASA program receiving funding pursuant to this section shall provide the Chief Administrator with periodic reports summarizing its activities in a manner prescribed by the Chief Administrator. The reports shall include information as to:

(i) the amount of, and purposes for which, all funds received pursuant to this Part were expended;

(ii) the number and type of appointments by the Family Court and the nature of the assistance provided; and

(iii) any other matters as required by the Chief Administrator.

(2) Access to CASA program records. The State Comptroller and Chief Administrator shall be given complete access to inspect the program operations and financial records of any recipient of funding under this section at any time in order to determine whether the CASA program that benefits from such funding is complying with its contract, all court rules and all applicable Federal, State and local laws and regulations.

(3) Rescission of contract. Where the Chief Administrator determines that a CASA program that benefits from funding hereunder is not adequately meeting its responsibilities, is the subject of a bankruptcy or insolvency filing or is in violation of any provision of this Part or of any other rules, regulations or statutes, the Chief Administrator may rescind the contract for such funding forthwith. In other circumstances, the Chief Administrator may rescind the contract for funding upon 30 days' written notice to the program. A CASA program recipient may rescind the contract for funding upon 60 days' written notice to the Chief Administrator.

(e) Records retention. Each CASA program that receives funding pursuant to this Part shall retain:

(1) all financial records for a minimum of four years after the expiration of the contract entered into with the Unified Court System for such funding pursuant to this Part;

(2) individual case files until the youngest child in the family in the case reaches the age of 18 or, if the child remains in foster care, until the child reaches 21;

(3) a fact sheet or summary of each case from which the program may compile the information required for purposes of program evaluation for a period of six years after termination of such case. No other time requirements for records retention shall apply unless otherwise contracted by the parties, directed by the Family Court or required by statute, rule or regulation.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 117.3