New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 176
Executive Department
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12 sections
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9 NYCRR 176.1 - Expenditures for care and maintenance in voluntary child caring agencies
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Expenditures made by social services districts for care, maintenance and supervision furnished alleged and adjudicated juvenile delinquents and persons in need of supervision in facilities operated by authorized agencies in compliance with the rules of the State Board of Social Welfare, not including facilities of the division, and in public and private detention facilities and in certified boarding homes, pursuant to directions of the Family Court, shall be subject to reimbursement by the State, upon approval by the division and in accordance with its regulations, as follows:
(1)the full amount expended by the district for care, maintenance and supervision of State charges;
(2)50 percent of the amount expended for the care, maintenance and supervision of local charges.
(b)Expenditures made by social services districts for aftercare supervision of adjudicated juvenile delinquents and persons in need of supervision provided prior to the expiration of the initial or extended period of placement by the aftercare staff of the facility from which the youth has been released or discharged, other than those under the jurisdiction of the Division for Youth, in which said youth was placed or committed, pursuant to directions of the Family Court, shall be subject to reimbursement by the State, upon approval by the division and in accordance with its regulations as follows:
(1)the full amount expended by the district for aftercare supervision of State charges;
(2)50 percent of the amount expended by the district for aftercare supervision of local charges.
9 NYCRR 176.2 - Scope of care and maintenance
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Care and maintenance may include clothing, food, shelter, medical care (in the facility or in the hospital), transportation for home visits, and other expenses for the child in care.
(b)Care and maintenance does not include transportation for a child for placement in an institution or for a preplacement interview.
(c)Care and maintenance is limited to residential care and does not include day treatment programs.
9 NYCRR 176.3 - Reimbursement of expenditures for care and maintenance
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Reimbursement of expenditures for care of a child shall include per diem costs of absences for only those listed below:
(1)AWOLS—Division for Youth will reimburse for up to seven continuous AWOL days for any single episode;
(2)weekend visits;
(3)school and religious holidays;
(4)organized school trips;
(5)legal detention—up to seven days;
(6)visits to potential foster parents—up to seven days;
(7)vacations home—up to seven continuous days;
(8)absences due to hospitalization—up to 15 days per calendar year.
(b)Reimbursement for care and maintenance includes the day of admission but not the day of discharge.
(c)Reimbursement for care and maintenance refers only to actual expenditures made by the social services district and does not include items encumbered but which have not yet been paid.
9 NYCRR 176.4 - Claims for State reimbursement for care and maintenance provided in voluntary child caring agencies
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Submission.
(1)Claims for reimbursement for expenditures for care and maintenance of juvenile delinquents and persons in need of supervision shall be submitted by the social services districts making the expenditures in the first instance.
(2)All claims must be submitted in duplicate with original signatures, pursuant to instructions from the division.
(3)Each county must submit a claim every quarter.
(4)Claims must be received by the Division for Youth within one year of the period of service.
(b)Grouping claims by period of service.
(1)Claims must be grouped in quarters that correspond to the period of service.
(2)Quarters are broken down in the following manner:
(i)First quarter.
January, February and March months of service.
(ii)Second quarter.
April, May and June months of service.
(iii)Third quarter.
July, August and September months of service.
(iv)Fourth quarter.
October, November, and December months of service.
(c)All claims must be submitted in accordance with the procedures promulgated by the director of the Division for Youth.
(d)Division for Youth will notify counties of any items that are deleted from their claims, with explanation.
9 NYCRR 176.5 - Repayments and refunds
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)When a social services district receives a payment pursuant to a court order for the support of a juvenile delinquent or a person in need of supervision from the child's parents or other person liable for his support, the district shall record and report the amount collected when claiming reimbursement in accordance with division procedures.
(b)When a social services district receives an amount from any other source as an offset to expenditures made for care of a delinquent child or a person in need of supervision, the district shall record and report the amount collected in accordance with division procedures.
9 NYCRR 176.6 - Annual adjustment of per diem rates for care provided by voluntary child caring agencies
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)In computing reimbursement to the social services district pursuant to this section, the division shall ensure that the aggregate of State aid under all State aid formulas shall not exceed 50 percent of the cost of care, maintenance and supervision, exclusive of Federal aid for such purposes.
(b)Each authorized agency shall provide the division with financial information necessary to calculate per diem rates as may be required by the division. Such information shall specifically include amounts received or to be received under other State or Federal aid programs.
(c)The Division for Youth will compute the per diem reimbursable rates once annually and will apply the adjustment to the first quarter claim for the following year.
9 NYCRR 176.7 - Expenditures for care and maintenance in Division for Youth facilities
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Expenditures made by the Division for Youth for care, maintenance and supervision furnished youth, including alleged and adjudicated juvenile delinquents and persons in need of supervision, placed in or referred to the division's schools, centers, forestry camps and short-term adolescent training programs, shall be subject to reimbursement to the State by the social services district from which the youth was placed as follows: 50 percent of the amount expended for care, maintenance and supervision of local charges.
(b)Expenditures made by the Division for Youth for aftercare supervision shall be subject to reimbursement to the State by the social services district from which the youth was placed, in accordance with regulations of the division, as follows: 50 percent of the amount expended for aftercare supervision of local charges.
9 NYCRR 176.8 - Establishment of per diem rates
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Separate per diem rates shall be computed as provided below for all of the following categories of care: institutional care in division facilities; foster family boarding home care provided by the division; aftercare supervision provided by the division.
(a)The Director of the Division for Youth, subject to the approval of the Director of the Budget and certification to the chairperson of the Senate Finance and Assembly Ways and Means Committees, shall annually compute and determine per diem rates for each category of care provided by the division, according to a cost allocation plan based upon the services actually provided in the preceding calendar year.
(b)The Director of the Division for Youth, subject to the approval of the Director of the Budget and certification to the chairpersons of the Senate Finance and Assembly Ways and Means Committees, may establish a single per diem rate for all division facilities or may establish separate rates as may be appropriate to reflect the differentials in cost of specific division programs.
9 NYCRR 176.9 - Scope of care and maintenance in Division for Youth facilities
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Care and maintenance includes clothing, food, shelter and medical care (in the facility or in the hospital).
9 NYCRR 176.10 - Charges for expenditures for care and maintenance in Division for Youth facilities
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)The Division for Youth will bill local districts for all days of care while a child is in a division facility or program, from and including the day of admission up to but excluding the day of discharge.
(b)Bills for care of a child shall include per diem costs of absences for those listed below:
(1)AWOLS—Division for Youth will bill for up to seven continuous AWOL days (inclusive of day of departure) for any single episode;
(2)weekend visits;
(3)school and religious holidays;
(4)organized school trips;
(5)legal detention—up to seven days (inclusive of day of departure);
(6)visits to potential foster parents—up to seven days (inclusive of day of departure);
(7)vacations home—up to seven continuous days (inclusive of day of departure);
(8)admissions to hospitals for medical care—for the entire period of absence (unless the cost of hospital care is paid by sources other than Division for Youth).
9 NYCRR 176.11 - Repayments and refunds for support of children in the division
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)If a social services district receives a payment for the support of a child in a division facility, then the amount shall be divided between the local district and the State in the same proportion as the costs have been divided.
(b)The district shall record and report the amount collected and submit the State's share to the division, in accordance with Division for Youth procedures.
9 NYCRR 176.12 - Reimbursement for detention expenditures
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)No reimbursement will be paid for those days in excess of 45 for children kept in detention, both secure and nonsecure, without authorization of the Division for Youth.
(b)No reimbursement will be paid for children placed in secure or nonsecure detention facilities which have not been approved by the Division for Youth.