Bill Text: NY S07565 | 2015-2016 | 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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-05-24 - REPORTED AND COMMITTED TO FINANCE [S07565 Detail]
Download: New_York-2015-S07565-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7565 IN SENATE May 10, 2016 ___________ Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed 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 22 youth aged sixteen, seventeen and eighteen who are accused or convicted 23 of crimes. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14807-02-6S. 7565 2 1 2. Family support centers shall provide comprehensive services to such 2 children and their families, either directly or through referrals with 3 partner agencies, including, but not limited to: 4 (a) rapid family assessments and screenings; 5 (b) crisis intervention; 6 (c) family mediation and skills building; 7 (d) mental and behavioral health services as defined in subdivision 8 fifty-eight of section 1.03 of the mental hygiene law including cogni- 9 tive interventions; 10 (e) case management; 11 (f) respite services; and 12 (g) other family support services. 13 3. To the extent practicable, the services that are provided shall be 14 trauma sensitive, family focused, gender-responsive, where appropriate, 15 and evidence and/or strength based and shall be tailored to the individ- 16 ualized needs of the child and family based on the assessments and 17 screenings conducted by such family support center. 18 4. Family support centers shall have the capacity to serve families 19 outside of regular business hours including evenings or weekends. 20 § 458-n. Funding for family support centers. 1. Notwithstanding any 21 other provision of law to the contrary, state reimbursement shall be 22 made available for one hundred percent of expenditures made by social 23 services districts, exclusive of any federal funds made available for 24 such purpose, for family support centers statewide. 25 2. Notwithstanding any other provision of law to the contrary, family 26 support centers shall be established in each social services district 27 throughout the state with the approval of the office of children and 28 family services, provided however that two or more social services 29 districts may join together to establish, operate and maintain a family 30 support center and may make and perform agreements in connection there- 31 with. 32 3. Social services districts may contract with not-for-profit corpo- 33 rations or utilize existing programs to operate family support centers 34 in accordance with the provisions of this title and the specific program 35 requirements issued by the office. Family support centers shall have 36 sufficient capacity to provide services to youth within the social 37 services district or districts who are at risk of becoming, alleged or 38 adjudicated to be persons in need of supervision pursuant to article 39 seven of the family court act, and their families. In addition, to the 40 extent practicable, family support centers may provide services to youth 41 who are alleged or adjudicated under article three of the family court 42 act. 43 4. Social services districts receiving funding under this title shall 44 report to the office of children and family services, in the form and 45 manner and at such times as determined by the office, on the performance 46 outcomes of any family support center located within such district that 47 receives funding under this title. 48 § 3. Subdivision 8 of section 404 of the social services law, as added 49 by section 1 of subpart A of part G of chapter 57 of the laws of 2012, 50 is amended to read as follows: 51 8. (a) Notwithstanding any other provision of law to the contrary[,] 52 except as provided for in paragraph (a-1) of this subdivision, eligible 53 expenditures during the applicable time periods made by a social 54 services district for an approved juvenile justice services close to 55 home initiative shall, if approved by the department of family assist- 56 ance, be subject to reimbursement with state funds only up to the extentS. 7565 3 1 of an annual appropriation made specifically therefor, after first 2 deducting therefrom any federal funds properly received or to be 3 received on account thereof; provided, however, that when such funds 4 have been exhausted, a social services district may receive state 5 reimbursement from other available state appropriations for that state 6 fiscal year for eligible expenditures for services that otherwise would 7 be reimbursable under such funding streams. Any claims submitted by a 8 social services district for reimbursement for a particular state fiscal 9 year for which the social services district does not receive state 10 reimbursement from the annual appropriation for the approved close to 11 home initiative may not be claimed against that district's appropriation 12 for the initiative for the next or any subsequent state fiscal year. 13 (i) State funding for reimbursement shall be, subject to appropri- 14 ation, in the following amounts: for state fiscal year 2013-14, 15 $35,200,000 adjusted by any changes in such amount required by subpara- 16 graphs (ii) and (iii) of this paragraph; for state fiscal year 2014-15, 17 $41,400,000 adjusted to include the amount of any changes made to the 18 state fiscal year 2013-14 appropriation under subparagraphs (ii) and 19 (iii) of this paragraph plus any additional changes required by such 20 subparagraphs; and, such reimbursement shall be, subject to appropri- 21 ation, for all subsequent state fiscal years in the amount of the prior 22 year's actual appropriation adjusted by any changes required by subpara- 23 graphs (ii) and (iii) of this paragraph. 24 (ii) The reimbursement amounts set forth in subparagraph (i) of this 25 paragraph shall be increased or decreased by the percentage that the 26 average of the most recently approved maximum state aid rates for group 27 residential foster care programs is higher or lower than the average of 28 the approved maximum state aid rates for group residential foster care 29 programs in existence immediately prior to the most recently approved 30 rates. 31 (iii) The reimbursement amounts set forth in subparagraph (i) of this 32 paragraph shall be increased if either the population of alleged juve- 33 nile delinquents who receive a probation intake or the total population 34 of adjudicated juvenile delinquents placed on probation combined with 35 the population of adjudicated juvenile delinquents placed out of their 36 homes in a setting other than a secure facility pursuant to section 37 352.2 of the family court act, increases by at least ten percent over 38 the respective population in the annual baseline year. The baseline year 39 shall be the period from July first, two thousand ten through June thir- 40 tieth, two thousand eleven or the most recent twelve month period for 41 which there is complete data, whichever is later. In each successive 42 year, the population of the previous July first through June thirtieth 43 period shall be compared to the baseline year for determining any 44 adjustments to a state fiscal year appropriation. When either population 45 increases by ten percent or more, the reimbursement will be adjusted by 46 a percentage equal to the larger of the percentage increase in either 47 the number of probation intakes for alleged juvenile delinquents or the 48 total population of adjudicated juvenile delinquents placed on probation 49 combined with the population of adjudicated juvenile delinquents placed 50 out of their homes in a setting other than a secure facility pursuant to 51 section 352.2 of the family court act. 52 (iv) The social services district and/or the New York city department 53 of probation shall provide an annual report including the data required 54 to calculate the population adjustment to the New York city office of 55 management and budget, the division of criminal justice services and the 56 state division of the budget no later than the first day of SeptemberS. 7565 4 1 following the close of the previous July first through June thirtieth 2 period. 3 (a-1) State reimbursement shall be made available for one hundred 4 percent of eligible expenditures made by a social services district, 5 exclusive of any federal funds made available for such purposes, for 6 approved juvenile justice services under an approved close to home 7 initiative provided to youth age sixteen years of age or older when such 8 services would not otherwise have been provided to such youth. 9 (b) The department of family assistance is authorized, in its 10 discretion, to make advances to a social services district in antic- 11 ipation of the state reimbursement provided for in this section. 12 (c) A social services district shall conduct eligibility determi- 13 nations for federal and state funding and submit claims for reimburse- 14 ment in such form and manner and at such times and for such periods as 15 the department of family assistance shall determine. 16 (d) Notwithstanding any inconsistent provision of law or regulation of 17 the department of family assistance, state reimbursement shall not be 18 made for any expenditure made for the duplication of any grant or allow- 19 ance for any period. 20 (e) Claims submitted by a social services district for reimbursement 21 shall be paid after deducting any expenditures defrayed by fees, third 22 party reimbursement, and any non-tax levy funds including any donated 23 funds. 24 (f) The office of children and family services shall not reimburse any 25 claims for expenditures for residential services that are submitted more 26 than twenty-two months after the calendar quarter in which the expendi- 27 tures were made. 28 (g) Notwithstanding any other provision of law, the state shall not be 29 responsible for reimbursing a social services district and a district 30 shall not seek state reimbursement for any portion of any state disal- 31 lowance or sanction taken against the social services district, or any 32 federal disallowance attributable to final federal agency decisions or 33 to settlements made, when such disallowance or sanction results from the 34 failure of the social services district to comply with federal or state 35 requirements, including, but not limited to, failure to document eligi- 36 bility for the federal or state funds in the case record. To the extent 37 that the social services district has sufficient claims other than those 38 that are subject to disallowance or sanction to draw down the full annu- 39 al appropriation, such disallowance or sanction shall not result in a 40 reduction in payment of state funds to the district unless the district 41 requests that the department use a portion of the appropriation toward 42 meeting the district's responsibility to repay the federal government 43 for the disallowance or sanction and any related interest payments. 44 (h) Rates for residential services. (i) The office shall establish the 45 rates, in accordance with section three hundred ninety-eight-a of this 46 [chapter] title, for any non-secure facilities established under an 47 approved juvenile justice services close to home initiative. For any 48 such non-secure facility that will be used primarily by the social 49 services district with an approved close to home initiative, final 50 authority for establishment of such rates and any adjustments thereto 51 shall reside with the office, but such rates and any adjustments thereto 52 shall be established only upon the request of, and in consultation with, 53 such social services district. 54 (ii) A social services district with an approved juvenile justice 55 services close to home initiative for juvenile delinquents placed in 56 limited secure settings shall have the authority to establish andS. 7565 5 1 adjust, on an annual or regular basis, maintenance rates for limited 2 secure facilities providing residential services under such initiative. 3 Such rates shall not be subject to the provisions of section three 4 hundred ninety-eight-a of this [chapter] title but shall be subject to 5 maximum cost limits established by the office of children and family 6 services. 7 § 4. Paragraph (a) of subdivision 1 of section 409-a of the social 8 services law, as amended by chapter 87 of the laws of 1993, subparagraph 9 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii) 10 as amended by section 22 of part C of chapter 83 of the laws of 2002, is 11 amended to read as follows: 12 (a) A social services official shall provide preventive services to a 13 child and his or her family, in accordance with the family's service 14 plan as required by section four hundred nine-e of this [chapter] arti- 15 cle and the social services district's child welfare services plan 16 submitted and approved pursuant to section four hundred nine-d of this 17 [chapter] article, upon a finding by such official that (i) the child 18 will be placed, returned to or continued in foster care unless such 19 services are provided and that it is reasonable to believe that by 20 providing such services the child will be able to remain with or be 21 returned to his or her family, and for a former foster care youth under 22 the age of twenty-one who was previously placed in the care and custody 23 or custody and guardianship of the local commissioner of social services 24 or other officer, board or department authorized to receive children as 25 public charges where it is reasonable to believe that by providing such 26 services the former foster care youth will avoid a return to foster care 27 or (ii) the child is the subject of a petition under article seven of 28 the family court act, [or has been determined by the assessment service29established pursuant to section two hundred forty-three-a of the execu-30tive law,] or by the probation service where no such assessment service 31 has been designated, to be at risk of being the subject of such a peti- 32 tion, and the social services official determines that the child is at 33 risk of placement into foster care. Such finding shall be entered in the 34 child's uniform case record established and maintained pursuant to 35 section four hundred nine-f of this [chapter] article. The commissioner 36 shall promulgate regulations to assist social services officials in 37 making determinations of eligibility for mandated preventive services 38 pursuant to this [subparagraph] paragraph. 39 § 5. This act shall take effect immediately; provided, however, that 40 the amendments to subdivision 8 of section 404 of the social services 41 law made by section three of this act shall not affect the repeal of 42 such subdivision and shall be deemed repealed therewith; provided, 43 further, that the amendments to subparagraph (ii) of paragraph (a) of 44 subdivision 1 of section 409-a of the social services law made by 45 section four of this act shall not affect the expiration of such subpar- 46 agraph and shall be deemed to expire therewith.
