Bill Text: NY A07099 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to establishing family support centers for youth at risk of being, or alleged or adjudicated to be juvenile delinquents or persons in need of supervision; authorizes reimbursement to counties.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Introduced - Dead) 2018-04-10 - enacting clause stricken [A07099 Detail]
Download: New_York-2017-A07099-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7099 2017-2018 Regular Sessions IN ASSEMBLY April 4, 2017 ___________ Introduced by M. of A. HARRIS -- read once and referred to the Committee on Children and Families AN ACT to amend the family court act, in relation to authorizing probation in juvenile delinquent cases to be conditional upon referral for certain family services; and to amend the social services law, in relation to family support centers and state reimbursement for expend- itures made by social services districts for various services The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (e) of subdivision 2 of section 353.2 of the 2 family court act, as amended by chapter 124 of the laws of 1993, is 3 amended to read as follows: 4 (e) co-operate with a mental health, social services or other appro- 5 priate community facility or agency to which the respondent is referred, 6 including a family support center pursuant to title twelve of article 7 six of the social services law; 8 § 2. Article 6 of the social services law is amended by adding a new 9 title 12 to read as follows: 10 TITLE 12 11 FAMILY SUPPORT CENTERS 12 Section 458-m. Family support centers. 13 458-n. Funding for family support centers. 14 § 458-m. Family support centers. 1. As used in this title, the term 15 "family support center" shall mean a program established pursuant to 16 this title to provide community-based supportive services to youth at 17 risk of being, or alleged or adjudicated to be persons in need of super- 18 vision pursuant to article seven of the family court act, and their 19 families. Family support centers may also provide community-based 20 supportive services to youth who are alleged or adjudicated to be juve- 21 nile delinquents pursuant to article three of the family court act and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07159-01-7A. 7099 2 1 youth aged sixteen, seventeen and eighteen who are accused or convicted 2 of crimes. 3 2. Family support centers shall provide comprehensive services to such 4 children and their families, either directly or through referrals with 5 partner agencies, including, but not limited to: 6 (a) rapid family assessments and screenings; 7 (b) crisis intervention; 8 (c) family mediation and skills building; 9 (d) mental and behavioral health services as defined in subdivision 10 fifty-eight of section 1.03 of the mental hygiene law including cogni- 11 tive interventions; 12 (e) case management; 13 (f) respite services; and 14 (g) other family support services. 15 3. To the extent practicable, the services that are provided shall be 16 trauma sensitive, family focused, gender-responsive, where appropriate, 17 and evidence and/or strength based and shall be tailored to the individ- 18 ualized needs of the child and family based on the assessments and 19 screenings conducted by such family support center. 20 4. Family support centers shall have the capacity to serve families 21 outside of regular business hours including evenings or weekends. 22 § 458-n. Funding for family support centers. 1. Notwithstanding any 23 other provision of law to the contrary, state reimbursement shall be 24 made available for one hundred percent of expenditures made by social 25 services districts, exclusive of any federal funds made available for 26 such purpose, for family support centers statewide. 27 2. Notwithstanding any other provision of law to the contrary, family 28 support centers shall be established in each social services district 29 throughout the state with the approval of the office of children and 30 family services, provided however that two or more social services 31 districts may join together to establish, operate and maintain a family 32 support center and may make and perform agreements in connection there- 33 with. 34 3. Social services districts may contract with not-for-profit corpo- 35 rations or utilize existing programs to operate family support centers 36 in accordance with the provisions of this title and the specific program 37 requirements issued by the office. Family support centers shall have 38 sufficient capacity to provide services to youth within the social 39 services district or districts who are at risk of becoming, alleged or 40 adjudicated to be persons in need of supervision pursuant to article 41 seven of the family court act, and their families. In addition, to the 42 extent practicable, family support centers may provide services to youth 43 who are alleged or adjudicated under article three of the family court 44 act. 45 4. Social services districts receiving funding under this title shall 46 report to the office of children and family services, in the form and 47 manner and at such times as determined by the office, on the performance 48 outcomes of any family support center located within such district that 49 receives funding under this title. 50 § 3. Subdivision 8 of section 404 of the social services law, as added 51 by section 1 of subpart A of part G of chapter 57 of the laws of 2012, 52 is amended to read as follows: 53 8. (a) Notwithstanding any other provision of law to the contrary[,] 54 except as provided for in paragraph (a-1) of this subdivision, eligible 55 expenditures during the applicable time periods made by a social 56 services district for an approved juvenile justice services close toA. 7099 3 1 home initiative shall, if approved by the department of family assist- 2 ance, be subject to reimbursement with state funds only up to the extent 3 of an annual appropriation made specifically therefor, after first 4 deducting therefrom any federal funds properly received or to be 5 received on account thereof; provided, however, that when such funds 6 have been exhausted, a social services district may receive state 7 reimbursement from other available state appropriations for that state 8 fiscal year for eligible expenditures for services that otherwise would 9 be reimbursable under such funding streams. Any claims submitted by a 10 social services district for reimbursement for a particular state fiscal 11 year for which the social services district does not receive state 12 reimbursement from the annual appropriation for the approved close to 13 home initiative may not be claimed against that district's appropriation 14 for the initiative for the next or any subsequent state fiscal year. 15 (i) State funding for reimbursement shall be, subject to appropri- 16 ation, in the following amounts: for state fiscal year 2013-14, 17 $35,200,000 adjusted by any changes in such amount required by subpara- 18 graphs (ii) and (iii) of this paragraph; for state fiscal year 2014-15, 19 $41,400,000 adjusted to include the amount of any changes made to the 20 state fiscal year 2013-14 appropriation under subparagraphs (ii) and 21 (iii) of this paragraph plus any additional changes required by such 22 subparagraphs; and, such reimbursement shall be, subject to appropri- 23 ation, for all subsequent state fiscal years in the amount of the prior 24 year's actual appropriation adjusted by any changes required by subpara- 25 graphs (ii) and (iii) of this paragraph. 26 (ii) The reimbursement amounts set forth in subparagraph (i) of this 27 paragraph shall be increased or decreased by the percentage that the 28 average of the most recently approved maximum state aid rates for group 29 residential foster care programs is higher or lower than the average of 30 the approved maximum state aid rates for group residential foster care 31 programs in existence immediately prior to the most recently approved 32 rates. 33 (iii) The reimbursement amounts set forth in subparagraph (i) of this 34 paragraph shall be increased if either the population of alleged juve- 35 nile delinquents who receive a probation intake or the total population 36 of adjudicated juvenile delinquents placed on probation combined with 37 the population of adjudicated juvenile delinquents placed out of their 38 homes in a setting other than a secure facility pursuant to section 39 352.2 of the family court act, increases by at least ten percent over 40 the respective population in the annual baseline year. The baseline year 41 shall be the period from July first, two thousand ten through June thir- 42 tieth, two thousand eleven or the most recent twelve month period for 43 which there is complete data, whichever is later. In each successive 44 year, the population of the previous July first through June thirtieth 45 period shall be compared to the baseline year for determining any 46 adjustments to a state fiscal year appropriation. When either population 47 increases by ten percent or more, the reimbursement will be adjusted by 48 a percentage equal to the larger of the percentage increase in either 49 the number of probation intakes for alleged juvenile delinquents or the 50 total population of adjudicated juvenile delinquents placed on probation 51 combined with the population of adjudicated juvenile delinquents placed 52 out of their homes in a setting other than a secure facility pursuant to 53 section 352.2 of the family court act. 54 (iv) The social services district and/or the New York city department 55 of probation shall provide an annual report including the data required 56 to calculate the population adjustment to the New York city office ofA. 7099 4 1 management and budget, the division of criminal justice services and the 2 state division of the budget no later than the first day of September 3 following the close of the previous July first through June thirtieth 4 period. 5 (a-1) State reimbursement shall be made available for one hundred 6 percent of eligible expenditures made by a social services district, 7 exclusive of any federal funds made available for such purposes, for 8 approved juvenile justice services under an approved close to home 9 initiative provided to youth age sixteen years of age or older when such 10 services would not otherwise have been provided to such youth. 11 (b) The department of family assistance is authorized, in its 12 discretion, to make advances to a social services district in antic- 13 ipation of the state reimbursement provided for in this section. 14 (c) A social services district shall conduct eligibility determi- 15 nations for federal and state funding and submit claims for reimburse- 16 ment in such form and manner and at such times and for such periods as 17 the department of family assistance shall determine. 18 (d) Notwithstanding any inconsistent provision of law or regulation of 19 the department of family assistance, state reimbursement shall not be 20 made for any expenditure made for the duplication of any grant or allow- 21 ance for any period. 22 (e) Claims submitted by a social services district for reimbursement 23 shall be paid after deducting any expenditures defrayed by fees, third 24 party reimbursement, and any non-tax levy funds including any donated 25 funds. 26 (f) The office of children and family services shall not reimburse any 27 claims for expenditures for residential services that are submitted more 28 than twenty-two months after the calendar quarter in which the expendi- 29 tures were made. 30 (g) Notwithstanding any other provision of law, the state shall not be 31 responsible for reimbursing a social services district and a district 32 shall not seek state reimbursement for any portion of any state disal- 33 lowance or sanction taken against the social services district, or any 34 federal disallowance attributable to final federal agency decisions or 35 to settlements made, when such disallowance or sanction results from the 36 failure of the social services district to comply with federal or state 37 requirements, including, but not limited to, failure to document eligi- 38 bility for the federal or state funds in the case record. To the extent 39 that the social services district has sufficient claims other than those 40 that are subject to disallowance or sanction to draw down the full annu- 41 al appropriation, such disallowance or sanction shall not result in a 42 reduction in payment of state funds to the district unless the district 43 requests that the department use a portion of the appropriation toward 44 meeting the district's responsibility to repay the federal government 45 for the disallowance or sanction and any related interest payments. 46 (h) Rates for residential services. (i) The office shall establish the 47 rates, in accordance with section three hundred ninety-eight-a of this 48 [chapter] title, for any non-secure facilities established under an 49 approved juvenile justice services close to home initiative. For any 50 such non-secure facility that will be used primarily by the social 51 services district with an approved close to home initiative, final 52 authority for establishment of such rates and any adjustments thereto 53 shall reside with the office, but such rates and any adjustments thereto 54 shall be established only upon the request of, and in consultation with, 55 such social services district.A. 7099 5 1 (ii) A social services district with an approved juvenile justice 2 services close to home initiative for juvenile delinquents placed in 3 limited secure settings shall have the authority to establish and 4 adjust, on an annual or regular basis, maintenance rates for limited 5 secure facilities providing residential services under such initiative. 6 Such rates shall not be subject to the provisions of section three 7 hundred ninety-eight-a of this [chapter] title but shall be subject to 8 maximum cost limits established by the office of children and family 9 services. 10 § 4. Paragraph (a) of subdivision 1 of section 409-a of the social 11 services law, as amended by chapter 87 of the laws of 1993, subparagraph 12 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii) 13 as amended by section 22 of part C of chapter 83 of the laws of 2002, is 14 amended to read as follows: 15 (a) A social services official shall provide preventive services to a 16 child and his or her family, in accordance with the family's service 17 plan as required by section four hundred nine-e of this [chapter] arti- 18 cle and the social services district's child welfare services plan 19 submitted and approved pursuant to section four hundred nine-d of this 20 [chapter] article, upon a finding by such official that (i) the child 21 will be placed, returned to or continued in foster care unless such 22 services are provided and that it is reasonable to believe that by 23 providing such services the child will be able to remain with or be 24 returned to his or her family, and for a former foster care youth under 25 the age of twenty-one who was previously placed in the care and custody 26 or custody and guardianship of the local commissioner of social services 27 or other officer, board or department authorized to receive children as 28 public charges where it is reasonable to believe that by providing such 29 services the former foster care youth will avoid a return to foster care 30 or (ii) the child is the subject of a petition under article seven of 31 the family court act, [or has been determined by the assessment service32established pursuant to section two hundred forty-three-a of the execu-33tive law,] or by the probation service where no such assessment service 34 has been designated, to be at risk of being the subject of such a peti- 35 tion, and the social services official determines that the child is at 36 risk of placement into foster care. Such finding shall be entered in the 37 child's uniform case record established and maintained pursuant to 38 section four hundred nine-f of this [chapter] article. The commissioner 39 shall promulgate regulations to assist social services officials in 40 making determinations of eligibility for mandated preventive services 41 pursuant to this [subparagraph] paragraph. 42 § 5. This act shall take effect immediately; provided, however, that 43 the amendments to subdivision 8 of section 404 of the social services 44 law made by section three of this act shall not affect the repeal of 45 such subdivision and shall be deemed repealed therewith; provided, 46 further, that the amendments to subparagraph (ii) of paragraph (a) of 47 subdivision 1 of section 409-a of the social services law made by 48 section four of this act shall not affect the expiration of such subpar- 49 agraph and shall be deemed to expire therewith.
