§ 530. Reimbursement for detention. 1. Definitions. As used in this section, the terms "local charge" and "state charge" shall have the meaning ascribed to them in the social services law. 2. Expenditures made by social services districts in providing care, maintenance and supervision to youth in detention facilities designated pursuant to sections seven hundred twenty-four and 305.2 of the family court act and certified by the division for youth, shall be subject to reimbursement by the state upon approval by the division in accordance with its regulations, as follows: (1) the full amount expended by the district for care, maintenance and supervision of state charges; (2) fifty percent of the amount expended for the care, maintenance and supervision of local charges where counties conform with requirements of subdivision B of section two hundred eighteen-a of the county law. 2-a. Expenditures made by the city of New York in providing care, maintenance and supervision to youth detained pursuant to article seven of the family court act in foster care facilities approved by the state department of social services shall be subject to reimbursement by the state upon the approval of the division, as follows: (1) the full per diem rate set by the state department of social services for such programs for the care, maintenance and supervision of state charges; (2) fifty percent of the per diem rate set by the state department of social services for such programs for the care, maintenance and supervision of local charges. Notwithstanding the provisions of this subdivision, section three hundred ninety-eight-a of the social services law shall not apply to facilities certified by the division pursuant to section five hundred three of this chapter. 3. Wherever detention services are not provided directly or indirectly by a social services district, the district shall act as the intermediary between the division and the agency lawfully providing such services, for the purpose of claiming and receiving reimbursement, furnishing financial information and obtaining approval for reserved accommodations pursuant to this section. 4. (a) The social services districts must notify the division for youth of state aid received under other state aid formulas by each detention facility, and, in the city of New York, by each foster care facility which is providing care, maintenance and supervision for which the district is seeking reimbursement pursuant to this section, including but not limited to, aid for education, probation and mental health services. (b) In computing reimbursement to the social services districts pursuant to this section, the division shall insure that the aggregate of state aid under all state aid formulas shall not exceed fifty percent of the cost of care, maintenance and supervision provided detainees, exclusive of federal aid for such purposes. (c) Reimbursement for administrative related expenditures as defined by the director of the division for youth, for secure and nonsecure detention services shall not exceed seventeen percent of the total approved expenditures for facilities of twenty-five beds or more and shall not exceed twenty-one percent of the total approved expenditures for facilities with less than twenty-five beds. 5. (a) Except as provided in paragraph (b) of this subdivision, care, maintenance and supervision for the purpose of this section shall mean and include only: (1) temporary care, maintenance and supervision provided alleged juvenile delinquents and persons in need of supervision in detentionfacilities certified pursuant to sections seven hundred twenty-four and 305.2 of the family court act by the division for youth, pending adjudication of alleged delinquency or alleged need of supervision by the family court, or pending transfer to institutions to which committed or placed by such court or while awaiting disposition by such court after adjudication or held pursuant to a securing order of a criminal court if the person named therein as principal is under sixteen; or, (2) temporary care, maintenance and supervision provided juvenile delinquents and persons in need of supervision in approved detention facilities at the request of the division for youth pending release revocation hearings or while awaiting disposition after such hearings; or (3) temporary care, maintenance and supervision in approved detention facilities for youth held pursuant to the family court act or the interstate compact on juveniles, pending return to their place of residence or domicile. (4) temporary care, maintenance and supervision provided youth detained in the city of New York in foster care facilities pursuant to article seven of the family court act. (b) Payments made for reserved accommodations, whether or not in full time use, approved by the division for youth and certified pursuant to sections seven hundred twenty-four and 305.2 of the family court act, in order to assure that adequate accommodations will be available for the immediate reception and proper care therein of youth for which detention costs are reimbursable pursuant to paragraph (a) of this subdivision, shall be reimbursed as expenditures for care, maintenance and supervision of local charges under the provisions of this section, provided the division shall have given its prior approval for reserving such accommodations. 6. The director of the division for youth may adopt, amend, or rescind all rules and regulations, 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, necessary to carry out the provisions of this section. 7. Expenditures made by the division for youth in providing care, maintenance and supervision to youth in secure detention facilities certified pursuant to sections seven hundred twenty-four and 305.2 of the family court act and established, operated and maintained by the division for youth, pursuant to section five hundred three of this article, shall be subject to reimbursement by the social services district to the state, in accordance with division regulations, as follows: fifty percent of the amount expended by the division for the care, maintenance and supervision of local charges. 8. The office of children and family services shall develop a methodology to assess the need for new juvenile detention facility capacity, which shall apply to the issuance of an operating certificate. The office of children and family services shall promulgate regulations no earlier than March first, two thousand four to utilize such needs assessment and supporting material provided by the agency administering detention for each county and for the city of New York as a criterion for new juvenile detention facility capacity. Such regulations shall not govern the licensing of foster care facilities in the city of New York that are used to detain persons in need of supervision. The office of children and family services shall provide the agency administering detention in each county, the city of New York, detention providers, the New York state office of court administration and child welfare advocates the opportunity for formal consultation and comment on the development of both the needs methodology and the regulationsimplementing such methodology. Notwithstanding any provisions of law to the contrary, the office of children and family services shall not adopt the regulations developed pursuant to this subdivision, by emergency rule. Denial of a detention operating certificate based upon such needs assessment shall be subject to the appeal process set forth in regulation. From the effective date of this subdivision until the new regulations are promulgated, the office of children and family services may deny a request for certification of additional capacity for non-secure detention if the utilization rate in the applicable county or area has been less then eighty percent on average over a three year period or a request for certification of additional capacity for secure detention if the utilization rate has been less than eighty-five percent on average over a three year period, unless health and safety or other extraordinary circumstances exist. Any such denial shall be subject to the appeal process set forth in the existing regulations. 9. The agency administering detention for each county and the city of New York shall submit to the office of children and family services, in such form and manner as required by the office of children and family services, a quarterly report on youth remanded pursuant to article three or seven of the family court act who are detained for forty-five days or more in any twelve month period. Such report shall include, but not be limited to: the reason for the court's determination in accordance with section 320.5 or seven hundred thirty-nine of the family court act to detain the youth; the offense or offenses with which the youth is charged; and all other reasons why the youth remains detained. Detention agencies shall submit each quarterly report to the office within thirty days of the end of the quarter and the office shall submit a compilation of all of the separate reports for the quarter to the governor and the legislature within forty-five days of the end of the quarter. The first quarterly report shall cover the last quarter of two thousand two.
§ 530. Reimbursement for detention. 1. Definitions. As used in this section, the terms "local charge" and "state charge" shall have the meaning ascribed to them in the social services law. 2. Expenditures made by social services districts in providing care, maintenance and supervision to youth in detention facilities designated pursuant to sections seven hundred twenty-four and 305.2 of the family court act and certified by the division for youth, shall be subject to reimbursement by the state upon approval by the division in accordance with its regulations, as follows: (1) the full amount expended by the district for care, maintenance and supervision of state charges; (2) fifty percent of the amount expended for the care, maintenance and supervision of local charges where counties conform with requirements of subdivision B of section two hundred eighteen-a of the county law. 2-a. Expenditures made by the city of New York in providing care, maintenance and supervision to youth detained pursuant to article seven of the family court act in foster care facilities approved by the state department of social services shall be subject to reimbursement by the state upon the approval of the division, as follows: (1) the full per diem rate set by the state department of social services for such programs for the care, maintenance and supervision of state charges; (2) fifty percent of the per diem rate set by the state department of social services for such programs for the care, maintenance and supervision of local charges. Notwithstanding the provisions of this subdivision, section three hundred ninety-eight-a of the social services law shall not apply to facilities certified by the division pursuant to section five hundred three of this chapter. 3. Wherever detention services are not provided directly or indirectly by a social services district, the district shall act as the intermediary between the division and the agency lawfully providing such services, for the purpose of claiming and receiving reimbursement, furnishing financial information and obtaining approval for reserved accommodations pursuant to this section. 4. (a) The social services districts must notify the division for youth of state aid received under other state aid formulas by each detention facility, and, in the city of New York, by each foster care facility which is providing care, maintenance and supervision for which the district is seeking reimbursement pursuant to this section, including but not limited to, aid for education, probation and mental health services. (b) In computing reimbursement to the social services districts pursuant to this section, the division shall insure that the aggregate of state aid under all state aid formulas shall not exceed fifty percent of the cost of care, maintenance and supervision provided detainees, exclusive of federal aid for such purposes. (c) Reimbursement for administrative related expenditures as defined by the director of the division for youth, for secure and nonsecure detention services shall not exceed seventeen percent of the total approved expenditures for facilities of twenty-five beds or more and shall not exceed twenty-one percent of the total approved expenditures for facilities with less than twenty-five beds. 5. (a) Except as provided in paragraph (b) of this subdivision, care, maintenance and supervision for the purpose of this section shall mean and include only: (1) temporary care, maintenance and supervision provided alleged juvenile delinquents and persons in need of supervision in detentionfacilities certified pursuant to sections seven hundred twenty-four and 305.2 of the family court act by the division for youth, pending adjudication of alleged delinquency or alleged need of supervision by the family court, or pending transfer to institutions to which committed or placed by such court or while awaiting disposition by such court after adjudication or held pursuant to a securing order of a criminal court if the person named therein as principal is under sixteen; or, (2) temporary care, maintenance and supervision provided juvenile delinquents and persons in need of supervision in approved detention facilities at the request of the division for youth pending release revocation hearings or while awaiting disposition after such hearings; or (3) temporary care, maintenance and supervision in approved detention facilities for youth held pursuant to the family court act or the interstate compact on juveniles, pending return to their place of residence or domicile. (4) temporary care, maintenance and supervision provided youth detained in the city of New York in foster care facilities pursuant to article seven of the family court act. (b) Payments made for reserved accommodations, whether or not in full time use, approved by the division for youth and certified pursuant to sections seven hundred twenty-four and 305.2 of the family court act, in order to assure that adequate accommodations will be available for the immediate reception and proper care therein of youth for which detention costs are reimbursable pursuant to paragraph (a) of this subdivision, shall be reimbursed as expenditures for care, maintenance and supervision of local charges under the provisions of this section, provided the division shall have given its prior approval for reserving such accommodations. 6. The director of the division for youth may adopt, amend, or rescind all rules and regulations, 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, necessary to carry out the provisions of this section. 7. Expenditures made by the division for youth in providing care, maintenance and supervision to youth in secure detention facilities certified pursuant to sections seven hundred twenty-four and 305.2 of the family court act and established, operated and maintained by the division for youth, pursuant to section five hundred three of this article, shall be subject to reimbursement by the social services district to the state, in accordance with division regulations, as follows: fifty percent of the amount expended by the division for the care, maintenance and supervision of local charges. 8. The office of children and family services shall develop a methodology to assess the need for new juvenile detention facility capacity, which shall apply to the issuance of an operating certificate. The office of children and family services shall promulgate regulations no earlier than March first, two thousand four to utilize such needs assessment and supporting material provided by the agency administering detention for each county and for the city of New York as a criterion for new juvenile detention facility capacity. Such regulations shall not govern the licensing of foster care facilities in the city of New York that are used to detain persons in need of supervision. The office of children and family services shall provide the agency administering detention in each county, the city of New York, detention providers, the New York state office of court administration and child welfare advocates the opportunity for formal consultation and comment on the development of both the needs methodology and the regulationsimplementing such methodology. Notwithstanding any provisions of law to the contrary, the office of children and family services shall not adopt the regulations developed pursuant to this subdivision, by emergency rule. Denial of a detention operating certificate based upon such needs assessment shall be subject to the appeal process set forth in regulation. From the effective date of this subdivision until the new regulations are promulgated, the office of children and family services may deny a request for certification of additional capacity for non-secure detention if the utilization rate in the applicable county or area has been less then eighty percent on average over a three year period or a request for certification of additional capacity for secure detention if the utilization rate has been less than eighty-five percent on average over a three year period, unless health and safety or other extraordinary circumstances exist. Any such denial shall be subject to the appeal process set forth in the existing regulations. 9. The agency administering detention for each county and the city of New York shall submit to the office of children and family services, in such form and manner as required by the office of children and family services, a quarterly report on youth remanded pursuant to article three or seven of the family court act who are detained for forty-five days or more in any twelve month period. Such report shall include, but not be limited to: the reason for the court's determination in accordance with section 320.5 or seven hundred thirty-nine of the family court act to detain the youth; the offense or offenses with which the youth is charged; and all other reasons why the youth remains detained. Detention agencies shall submit each quarterly report to the office within thirty days of the end of the quarter and the office shall submit a compilation of all of the separate reports for the quarter to the governor and the legislature within forty-five days of the end of the quarter. The first quarterly report shall cover the last quarter of two thousand two.
§ 530. Reimbursement for detention. 1. Definitions. As used in this section, the terms "local charge" and "state charge" shall have the meaning ascribed to them in the social services law. 2. Expenditures made by social services districts in providing care, maintenance and supervision to youth in detention facilities designated pursuant to sections seven hundred twenty-four and 305.2 of the family court act and certified by the division for youth, shall be subject to reimbursement by the state upon approval by the division in accordance with its regulations, as follows: (1) the full amount expended by the district for care, maintenance and supervision of state charges; (2) fifty percent of the amount expended for the care, maintenance and supervision of local charges where counties conform with requirements of subdivision B of section two hundred eighteen-a of the county law. 2-a. Expenditures made by the city of New York in providing care, maintenance and supervision to youth detained pursuant to article seven of the family court act in foster care facilities approved by the state department of social services shall be subject to reimbursement by the state upon the approval of the division, as follows: (1) the full per diem rate set by the state department of social services for such programs for the care, maintenance and supervision of state charges; (2) fifty percent of the per diem rate set by the state department of social services for such programs for the care, maintenance and supervision of local charges. Notwithstanding the provisions of this subdivision, section three hundred ninety-eight-a of the social services law shall not apply to facilities certified by the division pursuant to section five hundred three of this chapter. 3. Wherever detention services are not provided directly or indirectly by a social services district, the district shall act as the intermediary between the division and the agency lawfully providing such services, for the purpose of claiming and receiving reimbursement, furnishing financial information and obtaining approval for reserved accommodations pursuant to this section. 4. (a) The social services districts must notify the division for youth of state aid received under other state aid formulas by each detention facility, and, in the city of New York, by each foster care facility which is providing care, maintenance and supervision for which the district is seeking reimbursement pursuant to this section, including but not limited to, aid for education, probation and mental health services. (b) In computing reimbursement to the social services districts pursuant to this section, the division shall insure that the aggregate of state aid under all state aid formulas shall not exceed fifty percent of the cost of care, maintenance and supervision provided detainees, exclusive of federal aid for such purposes. (c) Reimbursement for administrative related expenditures as defined by the director of the division for youth, for secure and nonsecure detention services shall not exceed seventeen percent of the total approved expenditures for facilities of twenty-five beds or more and shall not exceed twenty-one percent of the total approved expenditures for facilities with less than twenty-five beds. 5. (a) Except as provided in paragraph (b) of this subdivision, care, maintenance and supervision for the purpose of this section shall mean and include only: (1) temporary care, maintenance and supervision provided alleged juvenile delinquents and persons in need of supervision in detentionfacilities certified pursuant to sections seven hundred twenty-four and 305.2 of the family court act by the division for youth, pending adjudication of alleged delinquency or alleged need of supervision by the family court, or pending transfer to institutions to which committed or placed by such court or while awaiting disposition by such court after adjudication or held pursuant to a securing order of a criminal court if the person named therein as principal is under sixteen; or, (2) temporary care, maintenance and supervision provided juvenile delinquents and persons in need of supervision in approved detention facilities at the request of the division for youth pending release revocation hearings or while awaiting disposition after such hearings; or (3) temporary care, maintenance and supervision in approved detention facilities for youth held pursuant to the family court act or the interstate compact on juveniles, pending return to their place of residence or domicile. (4) temporary care, maintenance and supervision provided youth detained in the city of New York in foster care facilities pursuant to article seven of the family court act. (b) Payments made for reserved accommodations, whether or not in full time use, approved by the division for youth and certified pursuant to sections seven hundred twenty-four and 305.2 of the family court act, in order to assure that adequate accommodations will be available for the immediate reception and proper care therein of youth for which detention costs are reimbursable pursuant to paragraph (a) of this subdivision, shall be reimbursed as expenditures for care, maintenance and supervision of local charges under the provisions of this section, provided the division shall have given its prior approval for reserving such accommodations. 6. The director of the division for youth may adopt, amend, or rescind all rules and regulations, 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, necessary to carry out the provisions of this section. 7. Expenditures made by the division for youth in providing care, maintenance and supervision to youth in secure detention facilities certified pursuant to sections seven hundred twenty-four and 305.2 of the family court act and established, operated and maintained by the division for youth, pursuant to section five hundred three of this article, shall be subject to reimbursement by the social services district to the state, in accordance with division regulations, as follows: fifty percent of the amount expended by the division for the care, maintenance and supervision of local charges. 8. The office of children and family services shall develop a methodology to assess the need for new juvenile detention facility capacity, which shall apply to the issuance of an operating certificate. The office of children and family services shall promulgate regulations no earlier than March first, two thousand four to utilize such needs assessment and supporting material provided by the agency administering detention for each county and for the city of New York as a criterion for new juvenile detention facility capacity. Such regulations shall not govern the licensing of foster care facilities in the city of New York that are used to detain persons in need of supervision. The office of children and family services shall provide the agency administering detention in each county, the city of New York, detention providers, the New York state office of court administration and child welfare advocates the opportunity for formal consultation and comment on the development of both the needs methodology and the regulationsimplementing such methodology. Notwithstanding any provisions of law to the contrary, the office of children and family services shall not adopt the regulations developed pursuant to this subdivision, by emergency rule. Denial of a detention operating certificate based upon such needs assessment shall be subject to the appeal process set forth in regulation. From the effective date of this subdivision until the new regulations are promulgated, the office of children and family services may deny a request for certification of additional capacity for non-secure detention if the utilization rate in the applicable county or area has been less then eighty percent on average over a three year period or a request for certification of additional capacity for secure detention if the utilization rate has been less than eighty-five percent on average over a three year period, unless health and safety or other extraordinary circumstances exist. Any such denial shall be subject to the appeal process set forth in the existing regulations. 9. The agency administering detention for each county and the city of New York shall submit to the office of children and family services, in such form and manner as required by the office of children and family services, a quarterly report on youth remanded pursuant to article three or seven of the family court act who are detained for forty-five days or more in any twelve month period. Such report shall include, but not be limited to: the reason for the court's determination in accordance with section 320.5 or seven hundred thirty-nine of the family court act to detain the youth; the offense or offenses with which the youth is charged; and all other reasons why the youth remains detained. Detention agencies shall submit each quarterly report to the office within thirty days of the end of the quarter and the office shall submit a compilation of all of the separate reports for the quarter to the governor and the legislature within forty-five days of the end of the quarter. The first quarterly report shall cover the last quarter of two thousand two.
