Section 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 detention

  facilities 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  regulations

  implementing 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.