N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.17
Current through Register Vol. 46, No. 53, December 31, 2024
Section 180-1.17 - Reimbursement(a) A county legislature or its designee shall submit to the director of the division an annual plan for the detention care for youth. A detention plan shall be included in the program for comprehensive youth services planning where such a comprehensive plan exists, and shall be submitted by the county youth board, bureau, department or agency. Such plan shall be submitted on forms as required by the division and shall conform with appropriate State law, rules and regulations governing the temporary care of children and shall include provision or arrangement for adequate secure and nonsecure detention care.(b) A county detention plan, upon approval by the division, shall be the basis for reimbursement of county expenditures for detention care. (1) Care provided for alleged or adjudicated persons in need of supervision in a secure detention facility shall be reimbursed only as determined by State standards for the care of status offenders.(2) Counties which do not have nonsecure detention care available shall be charged 100 percent of cost of care for youth in State-operated detention facilities.(3) Counties which do not have adequate nonsecure detention care conveniently available, as determined by the division, will not be eligible for reimbursement for detention care.(c) Quarterly claims for actual expenditures shall be submitted to the division, on forms as required by the division, at the end of each quarter ending in March, June, September and December. The division may, at its discretion, permit submission of such accountings for periods greater than three months, but not exceeding one year.(d) Annual allocations for depreciation of county-owned buildings certified and used for detention programs may be reimbursed, in accordance with the rules and regulations of the division, as expenditures for care, maintenance and supervision.(e) The Division for Youth shall reimburse a social services district for the full amount for approved expenditures, where such program is provided, at the request of the division, for a child under the jurisdiction of the division who is a nonresident of the district. The division will charge the county of residence 50 percent of the cost of care of such youth.(f) Rates of expenditures for detention care by the county shall be approved (and established) by the Division for Youth annually.(g) Changes in rates of expenditure for detention care shall be made by the county only after prior written approval of the division.(h) Approved family boarding home expenditures by the county shall be subject to reimbursement through established per diem rates approved by the division. Approved expenditures for reserved accommodations by the county may be reimbursed by the division. These rates shall have prior approval of the division annually.(i) Reimbursement for approved expenditures by the county for detention care in certified facilities (family boarding homes, as above may be) shall be accomplished according to contract with the division. Such contracts shall include operational and other costs, as well as specified operating conditions as agreed to by the county and the division.(j) Expenditures made by the Division for Youth for the care, maintenance and supervision of children in a regional secure detention facility who are local charges, within the meaning ascribed to such term by the Social Services Law, shall be subject to reimbursement to the State by the social services district from which the youth was referred, at the rate of 50 percent of the per diem amount expended by the division to provide care, maintenance and supervision in the secure detention facility. The Division for Youth, subject to the approval of the Director of the Budget and certification to the chairmen of the Senate Finance and Assembly Ways and Means Committees, shall annually compute and determine the per diem rate, and shall assess the social services district on such forms and in such manner as it may deem appropriate. Billing shall be discontinued on the day following a runaway, when a child is not returned within 24 hours. If a runaway child from a Division for Youth facility is apprehended pursuant to a Division for Youth warrant, the aforesaid reimbursement to the division shall be made by the social services district which originally placed the child with the division.(k) For purposes of this section, reimbursement for administrative-related expenditures shall not exceed: (1) 17 percent of the total approved expenditures for facilities of 25 beds or more; and(2) 21 percent of the total approved expenditures for facilities with less than 25 beds.(l) For purposes of this section, administrative-related expenditures shall mean: (1) costs associated with persons whose primary function is the policy direction, general management and support of the operation of the detention program in accordance with applicable rules and regulations of the division, State Education Department and all other applicable requirements of law. Such expenditures shall include, but shall not be limited to costs associated with persons primarily performing the following functions: Click to View Image
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N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.17
Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015Renumbered from 180.17 New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018