Section 387. * Ineligibility for public foster care funds; fiscal penalties

1.  The  office  of  children  and family services shall, by regulation,
  promulgate standards to determine that an authorized agency, or  one  or
  more  of  its  programs  or  facilities, is ineligible to receive public
  foster care funds or should be assessed a fiscal penalty. Such standards
  shall include the following:
    (a) lack of public need, including but not limited  to  geographic  or
  programmatic  need,  for  the  agency  or one or more of its programs or
  facilities;
    (b) failure of the agency to promote  the  placement  of  children  in
  permanent,  safe  family  homes  through  return  to  the children's own
  families or  through  adoption,  or  other  appropriate  objectives  for
  children,  as  measured by such factors as length of stay in foster care
  for children with similar personal and family characteristics; and
    (c) a pattern or practice of repeated violation of the  provisions  of
  this  chapter or of the regulations of the office of children and family
  services promulgated thereunder.
    2. A determination of ineligibility  to  receive  public  foster  care
  funds or the assessment of a fiscal penalty shall be made upon a finding
  of substantial noncompliance with one or more of the standards developed
  and  adopted  pursuant to subdivision one of this section. Such findings
  and  determination  shall  be  made  in  accordance  with  the   hearing
  procedures  set  forth  in  section four hundred sixty-d of this chapter
  relating  to  the  revocation,  suspension  or  limiting  of   operating
  certificates.  Such determination shall be subject to judicial review in
  accordance with article seventy-eight of  the  civil  practice  law  and
  rules.
    * NB Effective until June 30, 2012
    * Public foster care funds; ineligibility. 1. The department shall, by
  regulation, promulgate standards to determine that an authorized agency,
  or  one  or more of its programs or facilities, is ineligible to receive
  public foster care funds. Such standards shall include the following:
    (a) lack of public need, including but not limited  to  geographic  or
  programmatic  need,  for  the  agency  or one or more of its programs or
  facilities;
    (b) failure of the agency to promote  the  placement  of  children  in
  permanent  family homes through return to the children's own families or
  through adoption, or  other  appropriate  objectives  for  children,  as
  measured  by  such factors as length of stay in foster care for children
  with similar personal and family characteristics; and
    (c) a pattern or practice of repeated violation of the  provisions  of
  this  chapter  or  of  the  regulations  of  the  department promulgated
  thereunder which have occasioned the denial of reimbursement pursuant to
  section one hundred fifty-three-d or  three  hundred  ninety-eight-b  of
  this chapter.
    Such  standards shall be developed with the participation of the child
  welfare standards advisory council established pursuant to section  four
  hundred  nine-h  of  this  chapter  and  in consultation with public and
  voluntary  authorized   agencies,   citizens'   groups   and   concerned
  individuals  and  organizations  including the state council on children
  and families.
    2. A determination of ineligibility  to  receive  public  foster  care
  funds shall be made upon a finding of substantial noncompliance with one
  or  more  of the standards developed and adopted pursuant to subdivision
  one of this section. Such findings and determination shall  be  made  in
  accordance with the hearing procedures set forth in section four hundred
  sixty-d  of  this  chapter  relating  to  the  revocation, suspension or
  limiting of operating certificates. Such determination shall be  subject

  to judicial review in accordance with article seventy-eight of the civil
  practice law and rules.
    * NB Effective June 30, 2012
    3.  A  determination  of  ineligibility  to receive public foster care
  funds shall specify whether it applies to the agency generally or  to  a
  particular program or facility of the agency.
    4.  A social services official shall not purchase foster care from any
  authorized agency, or  program  or  facility  thereof,  which  has  been
  determined  to  be  ineligible  to  receive  public foster care funds in
  accordance with the provisions of this section. Any contract  between  a
  social  services  district and an authorized agency shall be deemed null
  and void to the extent that it is inconsistent with  the  provisions  of
  this subdivision.
    5.  The  commissioner  shall  report  forthwith  in  writing,  to  the
  governor, the temporary president of the senate and the speaker  of  the
  assembly  with  respect  to  each  case  in  which  a  determination  of
  ineligibility to receive public foster care funds has been made pursuant
  to this section.  Such report shall contain the name of the  agency  and
  the reason or reasons for the determination of ineligibility.
    * 6.  Any fiscal penalty received by the office of children and family
  services pursuant to this section shall be deposited to  the  credit  of
  the  children  and  family services quality enhancement fund established
  pursuant to section ninety-seven-yyy of the state finance law.
    * NB Repealed June 30, 2012