Section 529. Reimbursement for institutional care, aftercare supervision and foster care

1. Definitions. As used in this section:
    (a) "authorized agency", "certified boarding home", "local charge" and
  "state  charge"  shall  have  the  meaning ascribed to such terms by the
  social services law;
    (b) "aftercare supervision" shall  mean  supervision  of  released  or
  discharged youth, not in foster care; and,
    (c)  "foster  care"  shall  mean  residential  care,  maintenance  and
  supervision provided released or discharged youth, or youth otherwise in
  the custody of the division for youth, in a division foster family  home
  certified by the division.
    (d)  "division foster family home" means a service program provided in
  a home setting available to youth under the jurisdiction of the division
  for youth.
    2. 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  or
  referred,  pursuant to titles two or three of this article, and juvenile
  offenders committed pursuant to section 70.05 of the penal law,  in  the
  division's programs and facilities, shall be subject to reimbursement to
  the  state  by  the  social  services  district from which the youth was
  placed or by the social services district in which the juvenile offender
  resided at the time of commitment, in accordance with this  section  and
  the regulations of the division, as follows: fifty percent of the amount
  expended   for  care,  maintenance  and  supervision  of  local  charges
  including juvenile offenders.
    4. Expenditures made by the division for youth for foster  care  shall
  be subject to reimbursement to the state by the social services district
  from  which  the youth was placed, in accordance with the regulations of
  the division, as follows: fifty percent of the amount expended for care,
  maintenance and supervision of local charges.
    5. (a) 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: fifty  percent  of  the  amount
  expended for aftercare 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  or  commitment)  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) fifty percent of the amount expended by the district for aftercare
  supervision of local charges.
    (c)  Expenditures  made  by  the  division  for  youth  for contracted
  programs and  contracted  services  pursuant  to  subdivision  seven  of
  section  five  hundred one of this article, except with respect to urban
  homes and group homes, shall be subject to reimbursement to the state by
  the social services  district  from  which  the  youth  was  placed,  in
  accordance  with  this  section  and  the regulations of the division as
  follows: fifty percent of the amount  expended  for  the  operation  and
  maintenance of such programs and services.

    5-a. The social services district responsible for reimbursement to the
  state shall remain the same if during a period of placement or extension
  thereof,  a  child  commits a criminal act while in a division facility,
  during an authorized absence therefrom or after absconding therefrom and
  is returned to the division following adjudication or conviction for the
  act  by  a  court with jurisdiction outside the boundaries of the social
  services district which was responsible for reimbursement to  the  state
  prior to such adjudication or conviction.
    6.  Separate  per diem rates shall be computed, as provided below, for
  all of the following categories of care reimbursable  pursuant  to  this
  section:  institutional  care  in office of children and family services
  facilities; foster care provided by the office of  children  and  family
  services;  contracted  programs  and  contracted  services  pursuant  to
  subdivision seven of section five hundred one of this article;  programs
  provided  by  the office of children and family services as alternatives
  to institutional care; aftercare supervision  provided  by  the  office;
  and,  aftercare  supervision provided by authorized agencies, other than
  the office, on behalf of social services districts.
    (b) The director of the division for youth, subject to approval of the
  director of the budget and certification to the chairmen of  the  senate
  finance and assembly ways and means committees, shall compute a separate
  rate   according  to  which  all  social  services  districts  shall  be
  reimbursed for  care,  maintenance  and  supervision  provided  by  each
  authorized agency; provided, however, the basic rate for each agency may
  be  supplemented  or  reduced to reflect cost variations attributable to
  transportation, medical care and other direct costs.
    (c) The director of the division for youth, 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, 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.
    8. 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, including those  necessary  to  insure  that
  reimbursement  for  care,  maintenance  and  supervision in division and
  non-division facilities is determined according to comparable criteria.
    9. All reimbursement made  by  social  services  districts  for  care,
  maintenance and supervision under this section shall be paid directly to
  the state through the office of children and family services for deposit
  into  a  miscellaneous  special revenue fund known as the youth facility
  per diem account.