Section 153. Reimbursement and advances by the state

1. * Expenditures made
  by social services districts, cities and towns for public assistance and
  care  and  its administration, other than foster care services, pursuant
  to this chapter and expenditures made by any  Indian  tribe  for  foster
  care  services,  preventive  services,  and  adoption  services  and its
  administration rendered pursuant to an agreement entered into  with  the
  office  of  children  and  family  services  in  accordance with section
  thirty-nine of this chapter and pursuant  to  this  chapter,  shall,  if
  approved   by  the  department  of  family  assistance,  be  subject  to
  reimbursement by the state, in accordance with the  regulations  of  the
  department, as follows:
    * NB Effective until June 30, 2012
    * Expenditures made by social services districts, cities and towns for
  public  assistance  and  care  and  its administration, pursuant to this
  chapter and expenditures made  by  any  Indian  tribe  for  foster  care
  services,   preventive   services,   and   adoption   services  and  its
  administration rendered pursuant to an agreement entered into  with  the
  department  in  accordance  with section thirty-nine of this chapter and
  pursuant to this chapter, shall,  if  approved  by  the  department,  be
  subject   to   reimbursement  by  the  state,  in  accordance  with  the
  regulations of the department, as follows:
    * NB Effective June 30, 2012
    There shall be paid to each such district, city or town
    a. the amount of federal funds, if any, properly  received  or  to  be
  received on account of such expenditures;
    d.  fifty  percentum  of the amount expended for public assistance and
  care,  after  first  deducting  therefrom  any  federal  funds  properly
  received or to be received on account thereof;
    e. fifty percentum of the amount expended for administration of public
  assistance  and  care, after first deducting therefrom any federal funds
  properly received or to be received on account thereof.  The  provisions
  of   this   paragraph  shall  not  be  applicable  to  expenditures  for
  administration  expressly  provided  for  in   paragraph   f   of   this
  subdivision;
    f.  the  full  amount  expended  by any district, city, town or Indian
  tribe for the costs, including the costs  of  administration  of  public
  assistance  and  care  to  eligible  needy  Indians and members of their
  families residing on any Indian reservation in this state,  after  first
  deducting  therefrom  any  federal  funds  properly  received  or  to be
  received on account thereof.
    (g) fifty per centum  of  the  amount  expended  for  substance  abuse
  services  pursuant  to this chapter, after first deducting therefrom any
  federal funds properly received or to be received on account thereof. In
  the event funds appropriated  for  such  services  are  insufficient  to
  provide  full  reimbursement  of the total of the amounts claimed by all
  social services districts pursuant to this  section  then  reimbursement
  shall be in such proportion as each claim bears to such total.
    2.  (a)  In  the  event  that  the  federal  government imposes fiscal
  sanctions on the state  because  of  non-compliance  with  federal  law,
  regulation,  or  policy  relating  to the temporary assistance for needy
  families block grant, other than sanctions relating  to  maintenance  of
  effort  spending  requirements,  the  commissioner  shall reduce federal
  reimbursement to each social services district in an amount equal to the
  portion of such fiscal sanction  that  the  commissioner  determines  is
  attributable  to  such district through review of relevant statewide and
  district specific data or documentation.  The  commissioner  shall  make
  such  determination of district fault only to the extent that his or her
  review identifies specific district actions or inactions  that  resulted

  in  the  district's  failure to meet the applicable federal requirement.
  Such reduction in federal reimbursement  shall  be  made  without  state
  financial  participation  in  resulting  costs.  To  the extent that the
  commissioner  determines  that  he  or  she  is unable to identify which
  districts caused or contributed to such  federal  fiscal  sanction,  the
  commissioner,  subject  to  the  approval of the director of the budget,
  shall assign the reduction in federal  reimbursement  to  all  districts
  proportionately  based  on  allowable  district expenditures under Title
  IV-A of the federal social security act in the most  recently  completed
  state  fiscal  year,  and  the  state  shall  share  equally with social
  services districts in the cost increases resulting from  such  reduction
  in federal reimbursement.
    (b)  In the event that the federal government imposes fiscal sanctions
  on the state because of non-compliance with federal law, regulation,  or
  policy relating to maintenance of effort spending requirements under the
  federal   temporary  assistance  to  needy  families  block  grant,  the
  commissioner shall reduce federal reimbursement to each social  services
  district  in an amount equal to the portion of such fiscal sanction that
  the commissioner determines is attributable  to  such  district  through
  review   of   relevant   statewide   and   district   specific  data  or
  documentation. Cost increases resulting from such reduction  in  federal
  reimbursement  shall  be  shared  equally by the state and each affected
  social services district. To the extent that the commissioner determines
  that he  or  she  is  unable  to  identify  which  districts  caused  or
  contributed  to  such federal fiscal sanction, the commissioner, subject
  to the approval  of  the  director  of  the  budget,  shall  assign  the
  reduction  in  federal reimbursement among all districts proportionately
  based on each district's portion of the statewide maintenance of  effort
  spending  requirement  as  determined by the commissioner, and the state
  shall share equally with social services districts in the cost increases
  resulting from such reduction in federal reimbursement.
    (c) Notwithstanding any inconsistent provision of law, if a portion of
  federal reimbursement otherwise payable  is  not  available  because  of
  application  of  the  federal  percentage  limitation  on administrative
  expenses in the federal block grant for temporary assistance  for  needy
  families  program,  the  commissioner  shall  rank  all  social services
  districts in descending order based on  the  percentage  that  federally
  reimbursed  administrative  expenses  in  each  district  in the federal
  fiscal year  bears  to  all  total  expenditures  eligible  for  federal
  reimbursement under title IV-A of the federal social security act in the
  respective  district  and  shall  reduce  reimbursement  payable  to the
  district  that  received  the  highest  proportion   of   such   federal
  reimbursement until such reduction equals the lesser of the shortfall in
  federal  reimbursement  or  the  amount  which,  if  applied  to federal
  administrative reimbursement received in the federal fiscal year,  would
  equalize  the proportion of such reimbursement received by such district
  and that received by the next  highest  district  or  districts  in  the
  commissioner's  ranking.  In  the  event that sufficient savings are not
  achieved by such  reduction  in  reimbursement  to  the  highest  ranked
  district,  then  the commissioner shall continue to reduce the amount of
  reimbursement for the highest and, as necessary, the sequentially ranked
  district or districts such that such reductions,  when  applied  in  the
  federal   fiscal   year,   will   equalize  the  proportion  of  federal
  reimbursement for administration received by all such affected districts
  and will equal an amount which, in  aggregate,  will  be  sufficient  to
  fully  offset  but  not  exceed  the  federal  reimbursement  shortfall.
  Notwithstanding any provision of law to the contrary, reimbursement to a
  social services district out of state and federal  funds  shall  not  be

  made  on  administrative  expenses  which exceed fifteen percent of such
  district's  total  expenditures   reimbursable   under   the   temporary
  assistance for needy families block grant.
    3.  a.  For the purpose of this title, expenditures for administration
  of public assistance and care shall include expenditures for salaries of
  the chief executive officers, their deputies and the employees of  local
  welfare  departments; operation, maintenance and service costs; and such
  other expenditures, such as equipment costs, depreciation  charges,  and
  rental values as may be approved by the department. It shall not include
  expenditures  for  capital additions or improvements, except as provided
  in paragraph c of this subdivision.
    b. State reimbursement shall not be made for any part of the salary of
  a chief  executive  officer  of  a  social  services  department,  whose
  qualifications  do  not conform to those fixed by the department or of a
  city or town service officer; nor shall such reimbursement  be  made  on
  the  salary  of  a  deputy  commissioner  or  an  employee,  unless  his
  employment is necessary for the administration of public assistance  and
  care and his qualifications conform to those fixed by the department.
    c.  Notwithstanding  any  inconsistent  provision  of  law, the amount
  expended by a social services district for  the  purpose  of  acquiring,
  reconstructing, rehabilitating or improving any shelter for adults shall
  be subject to state reimbursement in the amount of fifty percent of such
  expenditure,  in  accordance  with the regulations of the department, if
  such shelter is operated by: (i) a social services district directly  or
  (ii) a social services district which has entered into a contract with a
  not-for-profit   corporation   or   charitable   organization  otherwise
  established pursuant to  law  or  a  governmental  entity  or  political
  subdivision  thereof  for  the  purpose  of  operating  such  a shelter;
  provided,  however,  that  such  capital  acquisition,   reconstruction,
  rehabilitation  or  improvement has the approval of the department prior
  to the commencement of such construction in accordance with  regulations
  promulgated by the department.
    Such reimbursement may be paid out of any moneys in the state treasury
  payable  out of the local assistance account to the extent of the amount
  appropriated to the department for such purposes, and the expenditure of
  such amount shall constitute the complete  liquidation  of  the  state's
  obligation to reimburse pursuant to this section.
    4. For the purpose of this title, expenditures made by social services
  districts,  cities,  towns and any Indian tribe that has entered into an
  agreement with the department pursuant to section  thirty-nine  of  this
  chapter  for the care and maintenance of neglected, abused, abandoned or
  destitute children who  have  been  remanded,  discharged  or  committed
  pursuant  to  the  family  court  act of the state of New York shall, if
  approved by the department, be subject to reimbursement by the state  in
  accordance  with  and  to  the  extent  authorized  by the provisions of
  subdivision one.
    5. In the event the state elects to  claim  and  receive  federal  aid
  payments  in  accordance  with the alternative formula authorized by the
  provisions of section eleven hundred eighteen  of  the  social  security
  act,  for  expenditures  made under the state's approved plan for aid to
  dependent children, a social services  district  shall,  notwithstanding
  such  election,  be  entitled  to  receive  as  state  reimbursement, in
  accordance with and to the extent authorized by subdivision one, for its
  approved monthly expenditures for aid to dependent children, the  amount
  it  would  have  been  entitled to receive if such election had not been
  made, until the month the amount it would  be  entitled  to  receive  as
  state  reimbursement  for  its approved expenditures for such program of
  assistance for such month, as a result of such election, is equal to  or

  greater  than such district would have been entitled to receive therefor
  if such election had not  been  made  by  the  state,  any  inconsistent
  provision of law notwithstanding.
    6.  a.  Claims  for state reimbursement shall be made in such form and
  manner and at such times and for such periods as  the  department  shall
  determine.
    b.  When certified by the department state reimbursement shall be paid
  from the state treasury upon the audit and warrant  of  the  comptroller
  out of funds made available therefor.
    c.  When  the  monies  allotted  to  the state by the federal security
  agency, or  other  authorized  federal  agency,  for  aid  to  dependent
  children  for  any quarter shall have been received by the department of
  taxation and finance, the department shall, as soon as possible, certify
  to the comptroller the amount to which each social services district  is
  entitled for such quarter and such amount shall be paid out of the state
  treasury  after  audit  by  the  comptroller  to  the  respective social
  services districts.
    d. The department is authorized in its discretion to make advances  to
  public  welfare districts and to cities and towns in anticipation of the
  state reimbursement provided for in this section.
    7. Payment of state reimbursement and advances shall be  made  to  the
  fiscal  officer  of the public welfare district or city entitled thereto
  pursuant to the provisions of this chapter; and in counties  where  home
  relief  is  a  town  charge,  such payment as the towns therein shall be
  entitled to shall be made to the fiscal officer of the  county  for  the
  account of and reimbursement to such towns, except in the case of a town
  which is a public welfare district.
    8.  Any  inconsistent  provision  of  the  law  or  regulation  of the
  department notwithstanding, state reimbursement shall not  be  made  for
  any  expenditure made for the duplication of any grant and allowance for
  any period, except as authorized by subdivision eleven  of  section  one
  hundred  thirty-one of this chapter, or for any home relief payment made
  for periods prior to forty-five days after the filing of an  application
  unless  the  district determines pursuant to department regulations that
  such assistance is required to meet emergency circumstances  or  prevent
  eviction.  Notwithstanding  any  other provision of law, social services
  districts are not  required  to  provide  home  relief  to  any  person,
  otherwise   eligible,   if  state  reimbursement  is  not  available  in
  accordance with this subdivision.
    9.  Any  inconsistent  provision  of  this  chapter   or   other   law
  notwithstanding, any loss of federal funds assessed by the department of
  health, education and welfare against the state by reason of the failure
  of one or more social services districts to comply either with paragraph
  (e)  of subdivision one of section three hundred fifty and paragraph (c)
  of subdivision four of section three hundred  sixty-five-a  relating  to
  family  planning services for eligible individuals or with paragraph (g)
  of subdivision one of section three  hundred  fifty  relating  to  child
  health  screening and resulting treatment, shall be charged to and borne
  by the social services districts responsible for such  loss.  Each  such
  district  shall bear only so much of any such loss as is attributable to
  its failure so to comply. The amount to be borne by a district shall  be
  determined  by  applying  the ratio that the number of cases in which it
  failed to comply with either family planning or child  health  screening
  and  treatment requirements, or both, bears to the total number of cases
  in the state in which there were failures to  comply  with  either  such
  requirement,  or  both,  as  the  case  may be. A district shall have an
  opportunity to be heard before the department's final  determination  to
  impose such an assessment.

    * 10.  Expenditures  made  by  a  social  services  district  for  the
  maintenance of children with disabilities, placed by  school  districts,
  pursuant  to section forty-four hundred five of the education law shall,
  if approved by the office of children and family services, be subject to
  forty   percent   reimbursement   by   the   state  and  twenty  percent
  reimbursement by school districts in accordance with  paragraph  (c)  of
  subdivision one of section forty-four hundred five of the education law,
  after  first  deducting  therefrom  any  federal funds received or to be
  received on account of such expenditures, except that in the case  of  a
  student attending a state-operated school for the deaf or blind pursuant
  to article eighty-seven or eighty-eight of the education law who was not
  placed  in  such  school by a school district such expenditures shall be
  subject  to  fifty  percent  reimbursement  by  the  state  after  first
  deducting  therefrom  any  federal  funds  received or to be received on
  account of such expenditures and there  shall  be  no  reimbursement  by
  school  districts.  Such  expenditures  shall  not  be  subject  to  the
  limitations on state  reimbursement  contained  in  subdivision  two  of
  section  one  hundred fifty-three-k of this chapter. In the event of the
  failure of the school district to make the maintenance payment  pursuant
  to  the  provisions  of  this  subdivision,  the state comptroller shall
  withhold state reimbursement to any such school district  in  an  amount
  equal  to the unpaid obligation for maintenance and pay over such sum to
  the social services district upon certification of the  commissioner  of
  the  office  of  children  and  family  services and the commissioner of
  education that such funds are overdue and owed by such school  district.
  The  commissioner  of  the  office  of  children and family services, in
  consultation  with  the  commissioner  of  education,  shall  promulgate
  regulations to implement the provisions of this subdivision.
    * NB Effective until June 30, 2012
    * 10.  Expenditures  made  by  a  social  services  district  for  the
  maintenance  of  handicapped  children,  placed  by  school   districts,
  pursuant  to section forty-four hundred five of the education law shall,
  if approved by the department, be subject to fifty percent reimbursement
  by the state, after first deducting therefrom any federal funds received
  or to be received on account  of  such  expenditure.  Such  expenditures
  shall not be subject to the limitations on state reimbursement contained
  in  sections  one  hundred fifty-three-d or one hundred fifty-three-e of
  this chapter.
    * NB Effective June 30, 2012
    * 11. Expenditures made by a social  services  district  for  approved
  tuition  costs  pursuant  to section four thousand four of the education
  law, after first deducting therefrom any federal funds received or to be
  received on account  thereof,  for  a  child  placed  in  a  child  care
  institution  by  a  social services district, the office of children and
  family services or family court shall be subject to reimbursement by the
  state  in  accordance  with  subdivision  two  of  section  one  hundred
  fifty-three-k of this title and article nineteen-G of the executive law,
  as applicable; provided, however, that the amount that a school district
  reimburses  the  state for its expenditure for such children pursuant to
  section four thousand four of the education law  shall  be  credited  to
  each applicable social services district.
    * NB Effective until June 30, 2012
    * 11.  Expenditures  made  by  a social services district for approved
  tuition costs of certain children pursuant to section four thousand four
  of the education law, after first deducting therefrom any federal  funds
  received or to be received on account thereof, shall be subject to fifty
  percent  reimbursement  by the state; provided, however, that the amount
  that a school district reimburses the state for its expenditure for such

  children pursuant to section four thousand four  of  the  education  law
  shall be credited to each applicable social services district.
    * NB Effective June 30, 2012
    * 12.  Expenditures  made  by  a  social  services  district  for  the
  detention in foster care  facilities  of  a  person  alleged  to  be  or
  adjudicated  as  a  person  in  need of supervision, pursuant to article
  seven of the family court act, shall be subject to reimbursement by  the
  state  in  accordance with the provisions of section five hundred thirty
  of the executive law.  The care of such person shall not be required  to
  comply  with  the  requirements of sections four hundred nine-e and four
  hundred nine-f of this chapter.
    * NB Effective until June 30, 2012
    * 12.  Expenditures  made  by  a  social  services  district  for  the
  detention  in  foster  care  facilities  of  a  person  alleged to be or
  adjudicated as a person in need  of  supervision,  pursuant  to  article
  seven  of the family court act, shall be subject to reimbursement by the
  state in accordance with the provisions of section five  hundred  thirty
  of  the executive law.  The care of such person shall not be required to
  comply with the requirements of sections four hundred  nine-e  and  four
  hundred  nine-f, nor be subject to the provisions of section one hundred
  fifty-three-d or three hundred ninety-eight-b of this chapter.
    * NB Effective June 30, 2012
    15. Notwithstanding the provisions of this section or any other law to
  the contrary, expenditures  made  by  a  social  services  district  for
  brokers'  fees, finders' fees or security deposits paid pursuant to this
  chapter shall be subject to  twenty-five  percent  reimbursement,  after
  first  deducting  therefrom any federal funds received or to be received
  on account thereof.
    16. Notwithstanding any inconsistent provisions of this  section,  and
  subject  to  the  amounts  specifically  appropriated  therefor,  social
  services districts  which  have  implemented  child  assistance  program
  pursuant  to  section  one hundred thirty-one-z of this article shall be
  reimbursed  by  the  department  for  administrative  expenses  for  the
  implementation   and  operation  of  the  program  as  approved  by  the
  department  in  accordance  with  the  following  schedule  after  first
  deducting  any  federal  reimbursement received therefor: for the fiscal
  year beginning April first, nineteen hundred ninety-seven,  one  hundred
  percent;  for  the  fiscal  year beginning April first, nineteen hundred
  ninety-eight, ninety percent; for the fiscal year beginning April first,
  nineteen hundred  ninety-nine,  eighty  percent;  for  the  fiscal  year
  beginning  April  first,  two  thousand, seventy percent; for the fiscal
  year beginning April first, two thousand one, sixty percent and for each
  fiscal year thereafter, fifty percent.
    17.  From  an   amount   specifically   appropriated   therefor,   the
  commissioner  of the office of temporary and disability assistance shall
  provide additional enhanced reimbursement for administration  of  income
  maintenance,  food  stamps,  and  employment programs to social services
  districts  which  meet  the  work  participation  rates  set  forth   in
  subdivision  seven  of  section  three  hundred  thirty-five-b  of  this
  chapter. The amount of reimbursement available to each  social  services
  district  shall  be  established  by  the  commissioner of the office of
  temporary and disability assistance with the approval of the director of
  the budget. Separate amounts of reimbursement shall be  available  to  a
  social  services  district for meeting each of the following categories:
  for households receiving assistance funded under the  federal  temporary
  assistance  for  needy families block grant program in which there is an
  adult or minor head of household;  and  for  households  with  dependent
  children in which there is an adult or minor head of household and which

  is receiving safety net assistance and payment for which is used to meet
  the   federally   required  maintenance  of  effort  for  the  temporary
  assistance for needy families block grant. The office of  temporary  and
  disability  assistance may advance reimbursement that would be available
  for full compliance and may recover any amounts unearned by the district
  by withholding any other reimbursement due from the state to the  social
  services district.