N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 69-4.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 69-4.15 - Children in care

(a) Definitions.

The following terms shall have the following meanings:

(1)foster child shall mean a child in the care, custody or guardianship of a commissioner of a local social services district;

(2)homeless child shall mean a child placed in a hotel, motel, shelter, or other temporary housing arrangement by a social services district because of the unavailability of permanent housing;

(3)municipality of current location shall mean a municipality in which a child lives which is different from the municipality in which a child or such child's family lived at the time a social services district assumed responsibility for the placement of such child or family or at the time the child was admitted for care or treatment in a facility licensed or operated by a State agency other than the department of Health;

(4)municipality of residence shall mean the municipality in which a child or such child's family lived at the time the local social services district assumed responsibility or custody for such child or family or at the time the child was admitted for care or treatment in a facility licensed or operated by a State agency other than the department of Health; and

(5)child in residential care shall mean an infant or toddler living in a residential facility licensed or operated by a State agency. For the purposes of subdivisions (b), (c) and (d) of this section, a child in residential care shall be deemed a homeless child.

(b) Evaluation and IFSP responsibility.

The municipality of current location of a foster child or homeless child shall be responsible for the evaluation and IFSP procedures prescribed for an infant or toddler suspected of having a disability. For reimbursement purposes, the municipality of current location shall identify to the Commissioner of Health each eligible foster child or homeless child. The municipality of current location of such child shall also transmit a copy of the IFSP and cost of service of such child to the municipality of residence.

(c) Contract and payment responsibility.

The municipality of current location shall be the municipality of record for an eligible foster child or homeless child, provided that the State shall reimburse 100 percent of the approved costs paid by such municipality which shall be offset by the local contribution.

(d) Local contribution.

The municipality of residence shall be financially responsible for the local contribution in the amount of fifty percent of the approved costs.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 69-4.15

Amended New York State Register November 30, 2016/Volume XXXVIII, Issue 48, eff. 11/30/2016

Amended New York State Register November 13, 2019/Volume XLI, Issue 46, eff. 11/13/2019