STATE OF NEW YORK
________________________________________________________________________
718
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to incorporating
the cost of living adjustment into subsequent maximum state aid rates
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 398-a of the social services law,
2 as amended by section 20 of part C of chapter 83 of the laws of 2002, is
3 amended to read as follows:
4 (2) The office of children and family services shall promulgate,
5 subject to consultation with appropriate state agencies, the approval of
6 the director of the budget and certification to the [chairmen] chair-
7 persons of the senate finance and assembly ways and means committees,
8 regulations establishing standards of payment for care provided to
9 foster children when the care of such children is subject to public
10 financial support, when such care is provided by relatives, authorized
11 agencies, family boarding homes, or state agencies. Such standards of
12 payment shall include the care required to be provided for foster chil-
13 dren and the cost of such care. When the office of children and family
14 services has established such standards, reimbursement under subdivision
15 two of section one hundred fifty-three-k of this chapter, for the care
16 of foster children shall be limited in accordance with such standards.
17 Provided, however, notwithstanding any inconsistent provision of law to
18 the contrary, when a cost of living adjustment is provided in accordance
19 with a chapter of the laws of such year, the office of children and
20 family services shall ensure such adjustment is subsequently included
21 and incorporated as part of the next base payment rate established for
22 providing care to foster children and every subsequent maximum state aid
23 rate established thereafter. Provided, further, such adjustment shall be
24 in addition to any cost of living adjustment that may be provided in a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01341-01-5
A. 718 2
1 subsequent state fiscal year, as well as any additional trend factors or
2 staff retention factors that the office of children and family services
3 may apply to eligible programs. Nothing herein shall preclude the office
4 of children and family services from applying additional trend factors
5 or staff retention factors that a program may be eligible for.
6 § 2. This act shall take effect immediately; provided, however, that
7 the amendments to subdivision 2 of section 398-a of the social services
8 law made by section one of this act shall not affect the repeal of such
9 subdivision and shall be deemed repealed therewith.
