420 - State aid.

§  420. State aid. 1. There shall be three alternative methods through  which a county or municipality as defined in  this  article  can  obtain  state  aid for youth programs provided in its geographic area. When such  youth programs are approved for state aid by the commissioner, state aid  shall be paid to the county or  municipality,  in  accordance  with  the  approved  youth  program, within the limits of the state aid formula set  forth in this section and within the limits of funds made  available  by  appropriation.    a. Comprehensive county plan; state aid.    (1)  A  county may submit to the commissioner a comprehensive plan for  the provision of a broad coordinated range of programs for the youth  of  such county. Such a plan must have been developed in accordance with the  regulations  of  the commissioner and shall include provision for review  and evaluation of the programs provided to youth in the county.    (2) Such county shall also submit to the commissioner, if required  by  the  commissioner,  quarterly  estimates of anticipated expenditures for  operation and maintenance of its  youth  program,  including  rental  of  buildings,  purchase  of  equipment, administrative expense and approved  expenditures  for  improvements  to  real  property  for  youth  program  purposes not less than thirty days before the first day of the months of  April,  July,  October  and  January,  in  such form and containing such  additional information as the commissioner may require. At  the  end  of  each  quarter each county shall submit to the commissioner, in such form  as the commissioner may require, a verified accounting of the  financial  operations  of  such  youth  program during such quarter together with a  claim for reimbursement of one-half of such amount as  herein  provided.  The  commissioner  may, at his discretion, permit the submission of such  accountings for periods greater than three months, but not exceeding one  year.    (3) The commissioner shall thereupon certify to  the  comptroller  for  payment  by  the  state  of  one-half  of  the  entire  amount  of  such  expenditures as approved by the commissioner;  provided,  however,  that  the  amount of state aid for youth bureaus shall not exceed seventy-five  thousand dollars per  annum  for  any  county  youth  bureau  and  fifty  thousand  dollars  for  any  city, town or village youth bureau except a  city containing wholly within its boundaries more than  one  county  and  such city may be granted state aid not in excess of an aggregate sum per  annum  equal  to  seventy-five thousand dollars for each county therein;  except that the commissioner may authorize additional state aid for  any  youth bureau in an amount not to exceed twenty-five thousand dollars per  annum  where  a municipality has exceeded maximum state aid youth bureau  eligibility for at  least  the  two  preceding  fiscal  years;  provided  further, however, that the aggregate amount of state aid for recreation,  youth  service  and similar projects to any county shall not exceed five  thousand five hundred dollars per annum,  of  which  no  more  than  two  thousand  nine  hundred dollars may be used for recreation projects, for  each one thousand youths residing therein as shown by the last published  federal census certified in the  same  manner  as  provided  by  section  fifty-four of the state finance law. No county operating and maintaining  such  a  youth  program shall receive state aid in excess of one-half of  its expenditures as approved by the commissioner.    (4) Any county which has fully utilized its  maximum  eligibility  for  state  aid  for  youth  programs  provided in subparagraph three of this  paragraph shall be eligible to receive additional state aid for programs  which  provide  new  or  expanded  youth  development  and   delinquency  prevention   services  designed  to  curb  the  high  priority  problems  affecting youth, including but not limited to the problems  of  truancy,  youth  prostitution,  school  violence,  multi-problem  families, policejuvenile aid bureaus, and  the  inappropriate  placement  of  youths  in  residential   or   institutional   settings,   in  accordance  with  the  regulations of the commissioner. Such programs  shall  be  submitted  as  part  of  the  comprehensive  county plan of such counties, and shall be  consistent  with  the  goals  and  objectives  contained  therein.  Upon  approval  of  such  programs,  the  commissioner  shall  certify  to the  comptroller for payment by the state of one-half of the entire amount of  expenditures for such approved programs, after first deducting therefrom  any federal or other state funds received or to be received  on  account  thereof,  provided, however, that the aggregate amount of such state aid  shall not exceed one thousand dollars per annum for  each  one  thousand  youths  residing  in  such county as shown by the last published federal  census certified in the same manner as provided by section fifty-four of  the state finance law.    b. State aid for youth development and delinquency prevention programs  through municipalities.    (1) Each county, city, town or village  operating  and  maintaining  a  youth  program  may  submit to the commissioner estimates of anticipated  expenditures, including rental  of  buildings,  purchase  of  equipment,  administrative  expense  and  approved  expenditures for improvements to  real property for youth program purposes, at such time, in such form and  containing such additional information as the commissioner may  require.  At  the  end  of  each  quarter  each  municipality  shall submit to the  commissioner, in such form as the commissioner may require,  a  verified  accounting  of  the  financial  operations of such youth programs during  such quarter together with a claim for reimbursement of one-half of such  amount as herein provided. The  commissioner  may,  at  his  discretion,  permit the submission of such accountings for periods greater than three  months, but not exceeding one year.    (2)  The  commissioner  shall thereupon certify to the comptroller for  payment  by  the  state  of  one-half  of  the  entire  amount  of  such  expenditures  as  approved  by the commissioner; provided, however, that  the amount of state aid for youth bureaus shall not exceed  seventy-five  thousand  dollars  per annum for any youth bureau of a county, and fifty  thousand dollars for any youth bureau of a city, town or village, except  a city containing wholly within its boundaries more than one county  and  such city may be granted state aid not in excess of an aggregate sum per  annum  equal  to  seventy-five thousand dollars for each county therein;  and provided further, however, that the aggregate amount  of  state  aid  for  recreation,  youth  service  and  similar  projects to a county and  municipalities within such county shall not be less  than  two  thousand  seven  hundred  fifty  dollars  of  which no more than one thousand four  hundred fifty dollars may be  used  for  recreation  projects,  per  one  thousand  youths  residing in the county based on a single count of such  youths as shown by the last published  federal  census  for  the  county  certified  in  the  same manner as provided by section fifty-four of the  state finance law. Such aggregate amount of state aid shall be allocated  first to the unit of local government having the least population and to  each succeeding unit based on population in such manner so that  no  one  youth shall be counted more than one time for state aid purposes.    c. State aid for special delinquency prevention programs.    (1)  Within  the  limits of funds made available by appropriation, the  office and county youth bureaus may enter into  contracts  with  private  not-for-profit  community  agencies  to  provide needed services for the  operation of programs to prevent juvenile delinquency and promote  youth  development.   Where   it  is  documented  that  private  not-for-profit  community agencies are not  available  to  provide  such  services,  theoffice  and  county youth bureaus may allocate available funds to public  agencies.    (2) Funds shall be made available under this paragraph;    (i)  by  the  office  to  county  youth  bureaus  to support community  agencies in counties outside  the  city  of  New  York  based  on  youth  population.    Funded  programs  must  be  submitted by the county youth  bureaus as part of their  county's  comprehensive  county  plan  and  be  consistent  with the goals and objectives contained therein. These funds  shall be allocated by county youth bureaus for distribution  subject  to  final funding determinations by the commissioner subject to the approval  of the director of the budget;    (ii)  by  the  commissioner  to  community  agencies  in  cities  with  populations of three hundred thousand or more subject to the approval of  the director of the budget; and    (iii) by the commissioner to community agencies statewide and  through  contingency  funding  subject  to  the  approval  of the director of the  budget.    (3) The office shall not reimburse any  claims  under  this  paragraph  unless  they  are  submitted  within seven months of the project year in  which the expenditure was made.    2. Runaway and homeless youth plan; state aid.    a. A county may submit to the commissioner a plan for the providing of  services  for  runaway  and  homeless  youth,  as  defined  in   article  nineteen-H  of  this  chapter.  Where such county is receiving state aid  pursuant to paragraph a of subdivision one of this section, such runaway  and homeless youth plan shall be submitted as part of the  comprehensive  county  plan  and  shall  be  consistent  with  the goals and objectives  therein. A runaway  and  homeless  youth  plan  shall  be  developed  in  consultation  with  the  county  youth  bureau  and  the  county or city  department  of  social  services,  shall  be  in  accordance  with   the  regulations  of  the commissioner, shall provide for a coordinated range  of services for runaway and homeless youth and their families  including  preventive,  temporary  shelter,  transportation,  counseling, and other  necessary assistance, and shall provide  for  the  coordination  of  all  available  county  resources  for  runaway  and homeless youth and their  families including services available through the county  youth  bureau,  the  county  or  city  department  of  social  services, local boards of  education, local drug and alcohol programs and organizations or programs  which have past experience dealing with runaway and homeless youth. Such  plan may include provisions for transitional independent living  support  programs  for  homeless youth between the ages of sixteen and twenty-one  as provided in article nineteen-H of this chapter. Such plan shall  also  provide for the designation and duties of the runaway and homeless youth  service coordinator defined in section five hundred thirty-two-a of this  chapter  who  is  available  on  a  twenty-four hour basis and maintains  information  concerning  available  shelter  space,  transportation  and  services. Such plan may include provision for the per diem reimbursement  for  residential  care of runaway and homeless youth in approved runaway  programs which are authorized agencies,  provided  that  such  per  diem  reimbursement shall not exceed a total of thirty days for any one youth.    b.  Each  county  shall  submit  to  the  commissioner such additional  information as the commissioner shall require, including but not limited  to:    (1) A description of  the  current  runaway  and  homeless  population  including  their  age, place of origin, family status, service needs and  eventual disposition;    (2) A description of the public and  private  resources  available  to  serve runaway and homeless youth within the county;(3)  A description of new services to be provided and current services  to be expanded.    c.  The  commissioner  shall  review  such  plan  and  may  approve or  disapprove such plan, or any part, program, or project within such plan,  and may propose such modifications and conditions as deemed  appropriate  and necessary.    d.  (1)  Counties  having  an approved runaway and homeless youth plan  pursuant to this subdivision shall be entitled to reimbursement  by  the  state  for  sixty  percent  of the entire amount of the expenditures for  programs contained in such plan as approved by the  commissioner,  after  first  deducting  therefrom any federal or other state funds received or  to be received on account thereof. All reimbursement  pursuant  to  this  subdivision  shall  be from and limited to funds appropriated separately  for such runaway and homeless youth program purposes by the  state,  and  shall  not  be  included under the limits set in subdivision one of this  section. The county's share of the cost of such programs may be  met  in  part  by  donated  private  funds or in-kind services, as defined by the  office, provided that such private funding or receipt of services  shall  not in the aggregate be more than fifty percent of such county's share.    (2)  Notwithstanding  any inconsistent provision of law and subject to  funds appropriated separately therefor,  a  county  having  an  approved  runaway   and   homeless   youth  plan  which  includes  provisions  for  transitional independent living support programs shall  be  entitled  to  reimbursement by the state for sixty percent of the entire amount of the  approved   expenditures  for  transitional  independent  living  support  programs contained in the plan as  approved  by  the  commissioner.  The  county's  share  of  the  cost  of  such  programs may be met by donated  private funds or in-kind services, as defined by  the  office,  provided  that such receipt of in-kind services shall not in the aggregate be more  than fifty percent of such county's share.    3.  For  the  purpose  of  reimbursement  by the state, administrative  expenses shall include compensation for  personal  services  paid  by  a  municipality,  to  any  employee  for  the  purpose of administering the  benefits provided by this article. No state reimbursement shall be made,  however, for such compensation  paid  to  any  employee  who  lacks  the  qualifications  necessary  for the work or who, after a trial period, is  considered by the commissioner unable to do satisfactory work.    4. Moneys appropriated for use of the commissioner shall be  paid  out  of  the  state  treasury on the certificate of the commissioner or of an  officer of the office designated by the commissioner, after audit by and  upon the warrant of the comptroller.    5. a. Notwithstanding any  other  provision  of  law,  the  office  of  children and family services shall plan for the statewide implementation  by  the  thirty-first  day  of December, two thousand eight, of a county  child and family services plan that combines  the  county  comprehensive  plan  required  by this section and the multi-year consolidated services  plan required by section thirty-four-a of the social services law into a  single plan.    b. All counties shall implement a county  child  and  family  services  plan prior to or for the two thousand eight plan year in accordance with  a  schedule  developed by the office of children and family services and  shall continue to implement such a plan thereafter. With the approval of  such office, a county may implement a child  and  family  services  plan  before the date required by such schedule.    c. The office of children and family services may waive any regulatory  requirements  relating to the content and timing of county comprehensive  plans that may impede the ability of a  county  to  implement  a  county  child and family services plan.d.  Nothing  in  this  subdivision  shall  be  deemed to affect county  planning requirements under the mental hygiene law.