CFS-49-15-00005-P Youth Development Program Funding and Implementation

12/9/15 N.Y. St. Reg. CFS-49-15-00005-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 49

December 09, 2015

RULE MAKING ACTIVITIES

OFFICE OF CHILDREN AND FAMILY SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CFS-49-15-00005-P

Youth Development Program Funding and Implementation

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Repeal of Subparts 165-1 and 165-2; addition of new Subpart 165-1; and amendment of Subtitle E of Title 9 NYCRR.

Statutory authority:

Social Services Law, sections 20(3)(d) and 34(3)(f); Executive Law, sections 419, 501(5) and L. 2013, ch. 57, part G

Subject:

Youth development program funding and implementation.

Purpose:

To implement changes in the Executive Law regarding youth development program funding and implementation.

Substance of proposed rule (Full text is posted at the following State website:ocfs.ny.gov):

Part G of Chapter 57 of the Laws of 2013 (Chapter 57) repealed subdivision 1 of Section 420 of the Executive Law, as it pertained to special delinquency prevention programs (SDPP) and youth development and delinquency prevention (YDDP) services, and replaced it with a new subdivision 1. Section 420(1) of the Executive Law, as added by Part G of Chapter 57, streamlined the funding for youth development programs by providing a single stream of funding to replace multiple funding streams, each with its own set of rules.

These proposed regulations repeal subparts 165-1 and 165-2 of Title 9 of the New York Codes, Rules and Regulations (NYCRR), which provide rules for SDPPs and YDDPs, and add a new subpart 165-1, which provides rules for implementing the new youth development programs. The proposed regulations also contain an amendment to the title of Subtitle E of 9 NYCRR, to reflect that the prior Division for Youth is now the Office of Children and Family Services (OCFS).

The following is a summary of the provisions of the proposed subpart 165-1:

Section 165-1.1 states the purpose of the proposed regulations, which is to provide for the coordination and allocation methodology for funding for a range of community level programs and services that will promote positive youth development through youth development programs.

Section 165-1.2 provides definitions for the youth development program regulations. The following terms are defined: Office (meaning the Office of Children and Family Services); youth; municipality; youth development program; youth bureau; municipal youth bureau; local youth bureau; youth board; comprehensive plan for youth development programs; and youth development funding.

Section 165-1.3 provides information about comprehensive plans for youth development programs.

Subdivision (a) of section 165-1.3 requires that each municipality that seeks youth development funding submit a comprehensive plan for youth development programs (comprehensive plan), written in consultation with its municipal youth bureau. The comprehensive plan must be submitted in the manner and form and at such time as designated by OCFS and is subject to the approval of OCFS.

Subdivision (b) of section 165-1.3 describes the information that must be included in the comprehensive plan for youth development programs.

Subdivision (c) of section 165-1.3 addresses the instances in which OCFS may approve all or part of a municipality’s comprehensive plan for youth development programs. Upon receipt of a notification that OCFS has not approved all or part of its comprehensive plan, a municipality has sixty days under the proposed regulations to submit a revised plan or documents to OCFS. If OCFS does not approve the revised plan submitted during the 60-day period, OCFS may withhold youth development funds from the municipality until its plan is fully approved.

Subdivision (d) of section 165-1.3 requires that municipalities obtain OCFS approval of any amendments to their comprehensive plans for youth development programs prior to the plans taking effect.

Subdivision (e) of section 165-1.3 provides a municipality with the ability to request a waiver of any non-statutory regulatory requirement relating to the content or timing of its comprehensive plan for youth development programs.

Subdivision (f) of section 165-1.3 allows OCFS to waive any non-statutory regulatory requirements related to the content or timing of a comprehensive plan for youth development programs where it is determined that the requirement will impose an undue burden or unreasonably impede a municipality’s ability to implement its comprehensive plan. OCFS may establish alternative requirements as a condition of receiving the waiver.

Section 165-1.4 provides rules for implementing the funding of youth development programs.

Subdivision (a) of section 165-1.4 provides that each municipality operating a youth development program is eligible for 100% state reimbursement of qualified expenditures, exclusive of federal funds and subject to the availability of youth development funds. This subdivision also establishes regulatory provisions for youth development funding regarding the following: eligibility, the distribution methodology, the establishment of a single municipal youth bureau by two or more municipalities, and the possible use of funds for statewide training and technical assistance.

Subdivision (b) of section 165-1.4 provides rules regarding reimbursable expenditures and claims for youth development programs.

Subdivision (c) of section 165-1.4 provides rules for instances in which two or more municipalities join together to establish, operate and maintain a municipal youth bureau.

Subdivision (d) of section 165-1.4 permits a municipality to include in its comprehensive plan for youth development programs the funding for a municipal youth bureau and one or more local youth bureaus that are approved by the municipality after April 1, 2013. It also provides that any youth bureau that was approved by OCFS on or before April 1, 2013 shall be an approved local youth bureau. The proposed regulations also provide for minimum requirements that pertain to the funding of local youth bureaus by a municipality.

Subdivision (e) of section 165-1.4 establishes limitations that OCFS may place on reimbursable expenditures and claims.

Subdivision (f) of section 165-1.4 permits OCFS to require municipalities receiving youth development funding to submit reports estimating expenditures.

Section 165-1.5 addresses the administration of youth development programs.

Subdivision (a) of section 165-1.5 prohibits discrimination in the provision of services or in employment of personnel by youth development programs.

Subdivision (b) of section 165-1.5 permits municipalities to enter into contracts in accordance with applicable laws, rules and regulations to effectuate youth development programs.

Subdivision (c) of section 165-1.5 establishes rules that are applicable to the administration of municipal youth bureaus, including requirements regarding the employment and responsibilities of an executive director or other designated person; youth boards; youth board composition; and the powers, duties and responsibilities of youth boards for municipal youth bureaus.

Subdivision (d) of section 165-1.5 provides for rules regarding the establishment of local youth bureaus.

Subdivision (e) of section 165-1.5 requires a municipality receiving youth development funding to make its youth development program records available for examination or inspection upon the request of OCFS.

Subdivision (f) of section 165-1.5 requires municipalities to submit any statistical or other reports related to youth development programs that OCFS may require.

Text of proposed rule and any required statements and analyses may be obtained from:

Public Information Office, New York State Office of Children and Family Services, 52 Washington Street, Rensselaer, New York 12144, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority:

Section 20(3)(d) of the Social Services Law authorizes the Office of Children and Family Services (OCFS) to establish rules, regulations and policies to carry out the powers and duties of OCFS under the Social Services Law.

Section 34(3)(f) of the Social Services Law authorizes the Commissioner of OCFS to establish regulations for the administration of public assistance and care within the State.

Section 419 of the Executive Law authorizes OCFS to adopt, amend or rescind all rules and regulations necessary to carry out the objectives of Article 19-A of the Executive Law, including the objective that state aid for funding for youth development programs be granted uniformly throughout the state, having regard for various conditions and needs in different parts of the state.

Section 501(5) of the Executive Law authorizes OCFS to promulgate rules and regulations for the establishment, operation and maintenance of OCFS facilities and programs.

2. Legislative objectives:

The proposed regulations are necessary to advance the legislative objective of preventing delinquency and youth crime while advancing the moral, physical, mental, and social well-being of youth through the provision of youth development programs. Part G of Chapter 57 of the Laws of 2013 made changes to certain sections of the Executive Law and the Social Services Law by consolidating the youth development and delinquency prevention program (YDDP) and the special delinquency prevention program (SDPP) into a single youth development program and repealing certain provisions of the Executive Law relating to those two programs. Part G of Chapter 57 of the Laws of 2013 revised and simplified the structure for providing state aid for youth development programs, and authorized OCFS to promulgate regulations for these programs.

3. Needs and benefits:

Part G of Chapter 57 of the Laws of 2013 made various changes to the law with respect to the funding of youth development programs. Therefore, it is necessary to repeal the current regulations and to provide new regulations that conform to the new enacted legislation.

These proposed regulations repeal subparts 165-1 and 165-2 of Title 9 of the New York Codes, Rules and Regulations (NYCRR), which provide rules for SDPPs and YDDPs, and add a new subpart 165-1, which provides rules for implementing the new youth development programs. The proposed regulations also contain an amendment to the title of Subtitle E of 9 NYCRR, to reflect that the prior Division for Youth is now the Office of Children and Family Services (OCFS).

The proposed regulations are necessary to clarify the youth development program legislation and to help municipalities understand what is required of them under the law. The proposed regulations also provide a framework for municipalities to follow to apply for youth development funding. The statutory scheme previously included multiple funding streams for youth development programs, which was reflected in the regulations that would be repealed. The proposed regulations reflect the consolidation of the multiple categories of funding, each with its own requirements, into a single funding stream for all youth development programs, which will ease the administrative burden on localities.

4. Costs:

The proposed regulations will not impose any additional costs on the State or municipalities. The proposed regulations streamline previous regulations and should thereby provide administrative relief to municipalities.

5. Local government mandates:

The proposed regulations will not impose any additional mandates on municipalities with respect to applying for youth development funding beyond those that were previously required by law and regulation. The proposed regulations simplify the process by which municipalities may apply for State aid for youth development programs.

6. Paperwork:

The proposed regulations would require that all municipalities report information on the need within the municipality for services to assist runaway and homeless youth and youth in need of crisis intervention or respite services. Currently, this requirement only applies to municipalities that receive funding from OCFS for runaway and homeless youth programs. The proposed regulations do not require any other additional paperwork. Furthermore, the proposed regulations eliminate some of the paperwork that was previously required of municipalities that sought to apply for youth development funding, eliminating previous requirements for each youth development program that received funding from more than one of the previous funding streams to submit separate applications and reports for every funding stream supporting that program.

7. Duplication:

The proposed regulations do not duplicate any other State or Federal requirements.

8. Alternatives:

The regulations are necessary to comply with Part G of Chapter 57 of the Laws of 2013. The proposed regulations were developed based on the experience of OCFS with oversight and funding of youth development programs. No significant alternatives were considered.

9. Federal standards:

The proposed regulations do not conflict with any Federal standards.

10. Compliance schedule:

The requirements made under the proposed regulations are already in effect under Part G of Chapter 57 of the Laws of 2013. The proposed regulations would be effective upon adoption.

Regulatory Flexibility Analysis

1. Effect of rule:

The proposed regulations will potentially affect 57 municipalities and New York City. They will affect any municipality (i.e., a county, two or more counties that apply together, or a city of more than one million) that applies for youth development funding. In addition, the regulations will affect approximately 1,000 private non-profit organizations throughout New York State that receive state funding for youth development programs.

2. Compliance requirements:

In conformance with the provisions of Part G of Chapter 57 of the Laws of 2013 municipalities that apply for youth development funding under the proposed regulations must submit to the Office of Children and Family Services (OCFS) a comprehensive plan for youth development programs that contains information specified in Part G of Chapter 57 of the Laws of 2013. This includes information about the programs funded, projected performance outcomes, and success in achieving previous projected outcomes. In order to comply with Part G of Chapter 57 of the Laws of 2013, the proposed regulations also require those municipalities that do not submit a plan for Runaway and Homeless Youth programs, which is required when applying for Runaway and Homeless Youth program funding, to report on the need within the municipality for services to assist runaway and homeless youth and youth in need of crisis intervention or respite services. The proposed regulations also require a municipality to adhere to all applicable laws, rules, and regulations for any contracts that it enters into to carry out youth development programs.

The proposed regulations require municipalities that receive youth development funding from New York State to designate an executive director or other person to maintain overall responsibility of the municipal youth bureau.

3. Professional services:

The proposed regulations do not create the need for any additional professional services to be provided by small business or local governments. No additional staff will be required.

4. Compliance costs:

Most of the procedures in the proposed regulations are already the existing practice by OCFS and municipalities. These practices are currently supported by existing funding levels. As a result, it is anticipated that these proposed regulations will carry no additional state or local fiscal impact.

5. Economic and technological feasibility:

Compliance and reporting requirements in the proposed regulations reflect those already established pursuant to Part G of Chapter 57 of the Laws of 2013.

The proposed regulations do not impose any additional economic or technological burdens on local governments or small businesses.

6. Minimizing adverse impact:

OCFS staff provides ongoing technical assistance to local governments and small businesses operating youth development programs in fulfilling the requirements stated in the proposed regulations. OCFS staff is available to answer questions or address issues or problems the municipalities may encounter with respect to the proposed regulations. Through open communication with local government staff and youth development program staff, OCFS should be able to identify if there are any difficulties in implementing the proposed regulations, and will provide written guidance, as determined by OCFS to be necessary, in assisting local governments in implementing the proposed regulations.

The proposed regulations also provide local governments with the ability to request a waiver of any non-statutory regulatory requirement regarding their comprehensive plans for youth development programs that may create an undue hardship for them.

7. Small business and local government participation:

OCFS staff communicates with staff from youth bureaus and youth development programs and services and is aware of their thoughts on problems and issues regarding the administration of youth development programs. OCFS has been working with an advisory group of about ten representatives from local government and non-profit groups to determine how best to implement Part G of Chapter 57 of the Laws of 2013.

Rural Area Flexibility Analysis

1. Types and estimated number of rural areas:

There are 44 counties in the State that are rural areas. Municipalities in those rural areas as well as agencies and organizations providing youth development programs in rural areas will be affected by the proposed regulations.

2. Reporting, recordkeeping and compliance requirements and professional services:

Chapter 57 of the Laws of 2013 reduced the number of funding streams for youth development programs to one. The proposed regulations simplify the reporting, record keeping and compliance requirements of municipalities, to include rural municipalities, as compared to the current regulatory requirements.

In accordance with Chapter 57 of the Laws of 2013, the proposed regulations also contain a new requirement for all municipalities, including rural municipalities, to report on projected and actual performance outcomes for youth development programs funded with state aid. In accordance with the law, the regulations also contain a new requirement that any municipality that does not submit a runaway and homeless youth plan required to obtain state funding for runaway and homeless youth programs must submit an annual assessment of the need within the municipality for services to assist runaway and homeless youth and youth in need of crisis intervention or respite services.

3. Costs:

No capital costs are anticipated as a result of the proposed regulations. The proposed regulations do not impose any additional costs on rural areas. The proposed regulations streamline previous regulations and should thereby provide administrative relief to municipalities.

4. Minimizing adverse impact:

Chapter 57 of the Laws of 2013 reduces the number of funding streams for youth development programs to one and establishes uniform standards for all municipalities across the state to apply for funding for youth development programs. The proposed regulations implement these standards in regulation.

Chapter 57 of the Laws of 2013 and the proposed regulations also provide municipalities with the option of joining with one or more municipalities to establish, operate and maintain a municipal youth bureau, which may be of particular interest to rural municipalities.

5. Rural area participation:

Local youth development program stakeholders, including from rural areas, participated in an advisory group created by OCFS regarding implementation of Chapter 57 of the Laws of 2013, as they pertain to youth development programs. Such participation assisted OCFS in developing the proposed regulations.

Job Impact Statement

The proposed change will not result in the loss of jobs or have any adverse impact on future employment opportunities.