Create Family Support Centers

Section 1. Paragraph (e) of subdivision 2 of section 353.2 of the family court act, as amended by chapter 124 of the laws of 1993, is amended to read as follows:

(e) co-operate with a mental health, social services or other appropriate community facility or agency to which the respondent is referred, including a family support center pursuant to title twelve of article six of the social services law;

§ 2. Article 6 of the social services law is amended by adding a new title 12 to read as follows:

TITLE 12

FAMILY SUPPORT CENTERS Section 458-m. Family support centers.

458-n. Funding for family support centers.

§ 458-m. Family support centers. 1. As used in this title, the term "family support center" shall mean a program established pursuant to this title to provide community-based supportive services to youth at risk of being, or alleged or adjudicated to be persons in need of supervision pursuant to article seven of the family court act, and their families. Family support centers may also provide community-based supportive services to youth who are alleged or adjudicated to be juvenile delinquents pursuant to article three of the family court act and youth aged sixteen, seventeen and eighteen who are accused or convicted of crimes.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03504-01-9

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2. Family support centers shall provide comprehensive services to such children and their families, either directly or through referrals with partner agencies, including, but not limited to:

(a) rapid family assessments and screenings;

(b) crisis intervention;

(c) family mediation and skills building;

(d) mental and behavioral health services as defined in subdivision fifty-eight of section 1.03 of the mental hygiene law including cognitive interventions;

(e) case management;

(f) respite services; and

(g) other family support services.

3. To the extent practicable, the services that are provided shall be trauma sensitive, family focused, gender-responsive, where appropriate, and evidence and/or strength based and shall be tailored to the individualized needs of the child and family based on the assessments and screenings conducted by such family support center.

4. Family support centers shall have the capacity to serve families outside of regular business hours including evenings or weekends.

§ 458-n. Funding for family support centers. 1. Notwithstanding any other provision of law to the contrary, state reimbursement shall be made available for one hundred percent of expenditures made by social services districts, exclusive of any federal funds made available for such purpose, for family support centers statewide.

2. Notwithstanding any other provision of law to the contrary, family support centers shall be established in each social services district throughout the state with the approval of the office of children and family services, provided however that two or more social services districts may join together to establish, operate and maintain a family support center and may make and perform agreements in connection therewith.

3. Social services districts may contract with not-for-profit corporations or utilize existing programs to operate family support centers in accordance with the provisions of this title and the specific program requirements issued by the office. Family support centers shall have sufficient capacity to provide services to youth within the social services district or districts who are at risk of becoming, alleged or adjudicated to be persons in need of supervision pursuant to article seven of the family court act, and their families. In addition, to the extent practicable, family support centers may provide services to youth who are alleged or adjudicated under article three of the family court act.

4. Social services districts receiving funding under this title shall report to the office of children and family services, in the form and manner and at such times as determined by the office, on the performance outcomes of any family support center located within such district that receives funding under this title.

§ 3. Subdivision 8 of section 404 of the social services law, as added by section 1 of subpart A of part G of chapter 57 of the laws of 2012, is amended to read as follows:

8. (a) Notwithstanding any other provision of law to the contrary except as provided for in paragraph (a-1) of this subdivision, eligible expenditures during the applicable time periods made by a social services district for an approved juvenile justice services close to home initiative shall, if approved by the department of family assistance, be subject to reimbursement with state funds only up to the extent

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of an annual appropriation made specifically therefor, after first deducting therefrom any federal funds properly received or to be received on account thereof; provided, however, that when such funds have been exhausted, a social services district may receive state reimbursement from other available state appropriations for that state fiscal year for eligible expenditures for services that otherwise would be reimbursable under such funding streams. Any claims submitted by a social services district for reimbursement for a particular state fiscal year for which the social services district does not receive state reimbursement from the annual appropriation for the approved close to home initiative may not be claimed against that district's appropriation for the initiative for the next or any subsequent state fiscal year.

(a-1) State reimbursement shall be made available for one hundred percent of eligible expenditures made by a social services district, exclusive of any federal funds made available for such purposes, for approved juvenile justice services under an approved close to home initiative provided to youth age sixteen years of age or older when such services would not otherwise have been provided to such youth.

(b) The department of family assistance is authorized, in its discretion, to make advances to a social services district in anticipation of the state reimbursement provided for in this section.

(c) A social services district shall conduct eligibility determinations for federal and state funding and submit claims for reimbursement in such form and manner and at such times and for such periods as the department of family assistance shall determine.

(d) Notwithstanding any inconsistent provision of law or regulation of the department of family assistance, state reimbursement shall not be made for any expenditure made for the duplication of any grant or allowance for any period.

(e) Claims submitted by a social services district for reimbursement shall be paid after deducting any expenditures defrayed by fees, third party reimbursement, and any non-tax levy funds including any donated funds.

(f) The office of children and family services shall not reimburse any claims for expenditures for residential services that are submitted more than twenty-two months after the calendar quarter in which the expenditures were made.

(g) Notwithstanding any other provision of law, the state shall not be responsible for reimbursing a social services district and a district shall not seek state reimbursement for any portion of any state disallowance or sanction taken against the social services district, or any federal disallowance attributable to final federal agency decisions or to settlements made, when such disallowance or sanction results from the failure of the social services district to comply with federal or state requirements, including, but not limited to, failure to document eligibility for the federal or state funds in the case record. To the extent that the social services district has sufficient claims other than those that are subject to disallowance or sanction to draw down the full annual appropriation, such disallowance or sanction shall not result in a reduction in payment of state funds to the district unless the district requests that the department use a portion of the appropriation toward meeting the district's responsibility to repay the federal government for the disallowance or sanction and any related interest payments.

(h) Rates for residential services. (i) The office shall establish the rates, in accordance with section three hundred ninety-eight-a of this chapter, for any non-secure facilities established under an approved

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juvenile justice services close to home initiative. For any such non-secure facility that will be used primarily by the social services district with an approved close to home initiative, final authority for establishment of such rates and any adjustments thereto shall reside with the office, but such rates and any adjustments thereto shall be established only upon the request of, and in consultation with, such social services district.

(ii) A social services district with an approved juvenile justice services close to home initiative for juvenile delinquents placed in limited secure settings shall have the authority to establish and adjust, on an annual or regular basis, maintenance rates for limited secure facilities providing residential services under such initiative. Such rates shall not be subject to the provisions of section three hundred ninety-eight-a of this chapter but shall be subject to maximum cost limits established by the office of children and family services.

§ 4. Paragraph (a) of subdivision 1 of section 409-a of the social services law, as amended by chapter 87 of the laws of 1993, subparagraph (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii) as amended by section 22 of part C of chapter 83 of the laws of 2002, is amended to read as follows:

(a) A social services official shall provide preventive services to a child and his or her family, in accordance with the family's service plan as required by section four hundred nine-e of this [chapter] article and the social services district's child welfare services plan submitted and approved pursuant to section four hundred nine-d of this [chapter] article, upon a finding by such official that (i) the child will be placed, returned to or continued in foster care unless such services are provided and that it is reasonable to believe that by providing such services the child will be able to remain with or be returned to his or her family, and for a former foster care youth under the age of twenty-one who was previously placed in the care and custody or custody and guardianship of the local commissioner of social services or other officer, board or department authorized to receive children as public charges where it is reasonable to believe that by providing such services the former foster care youth will avoid a return to foster care or (ii) the child is the subject of a petition under article seven of the family court act, [or has been determined by the assessment service established pursuant to section two hundred forty-three-a of the executive law,] or by the probation service where no such assessment service has been designated, to be at risk of being the subject of such a petition, and the social services official determines that the child is at risk of placement into foster care. Such finding shall be entered in the child's uniform case record established and maintained pursuant to section four hundred nine-f of this [chapter] article. The commissioner shall promulgate regulations to assist social services officials in making determinations of eligibility for mandated preventive services pursuant to this [subparagraph] paragraph.

§ 5. This act shall take effect immediately; provided, however, that the amendments to subdivision 8 of section 404 of the social services law made by section three of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; provided, further, that the amendments to subparagraph (ii) of paragraph (a) of subdivision 1 of section 409-a of the social services law made by section four of this act shall not affect the expiration of such subparagraph and shall be deemed to expire therewith.