Current through Register Vol. 46, No. 39, September 25, 2024
(a) Funding. This section establishes a
program for the provision of grants of State assistance to individual CASA
programs, which shall be known as the CASA Assistance Program. This program
shall be administered by the Chief Administrator in order to disburse funds
appropriated by the New York State Legislature, as well as funds received by
the Unified Court System from any public or private agency or person, including
the Federal government, to be used to assist CASA programs designated by a
Family Court to assist the court. Payment of funds pursuant to this section
shall be made pursuant to contract entered into between the Unified Court
System and the grant recipient.
(b) Application procedures. No CASA
Assistance Program grants funds may be disbursed to any CASA program unless the
Chief Administrator first approves an application as provided hereunder.
(1) Who may apply. To be
eligible for funding pursuant to this section, the CASA program shall comply
with the provisions of section
117.2 of this Part and it shall:
(i) provide services without
cost to the children and families served; and
(ii) whenever reasonable possible, make
use of public facilities at free or nominal cost.
(2) When and where to apply.
To be eligible for funding pursuant to this section, the CASA program or the
not-for-profit corporation of which it is a part must file its application with
the Chief Administrator at such time as directed by the Chief
Administrator.
(3)
Contents of application. Each application for grant funding filed with the
Chief Administrator pursuant to this section shall be in such form as the Chief
Administrator shall prescribe and shall include, at a minimum, the following:
(i) a specification of the
amount of funding sought;
(ii) a detailed description of the
purpose or purposes to which the funding will be applied and the administrative
capacity of the applicant to operate the program;
(iii) a detailed description
of the CASA program or programs that will benefit from the funding, including
information as to numbers of staff and volunteers; qualifications, professional
and employment backgrounds and education level of all staff and volunteers;
caseload to be served in each county covered by the application; budget;
availability of space and other operational support; facilities needs;
information about the county or counties served; and the child protective and
foster care populations in each county;
(iv) information concerning financial
requirements, current available and anticipated resources, other sources of
funding, from both private and government sources, and past applications for
funding, if any;
(v)
descriptions of: the past history, if any, of the CASA program to benefit from
the funding sought, including such information concerning the program as may be
specified by the Chief Administrator; the program's area of service; its staff;
its sources of funding; its expenditures; and the number and types of Family
Court proceedings in which the program has provided assistance and the results
of that assistance; and
(vi) such other information as may be
required by the Chief Administrator. The Chief Administrator may, at any time
following the filing of an application for funding, request than an applicant
or applicants furnish additional information or documentation to support the
application.
(c) Review of applications and approval
of funding. In reviewing an application for funding pursuant to this section,
the Chief Administrator shall consider the following factors, among others, in
connection with the CASA program on whose behalf the application is made:
(1) the need for the program
in the county or counties to be served;
(2) the structure and scope of the
program;
(3) the
program's caseload and the level of support for a CASA program or programs
within the community to be served;
(4) the cost of operation;
(5) the capacity of the
applicant to administer the program;
(6) the extent to which the program
complies with the provisions of section
117.2 of this Part; and
(7) any other considerations
that may affect the provision of CASA services. An applicant for funding may be
rejected if the Chief Administrator determines that the CASA program on whose
behalf the application is made will be unable to comply with any of the
requirements set forth in this Part. Nothing herein shall require the Chief
Administrator to approve funding for any applicant.
(d) Program review and
evaluation. The Chief Administrator shall monitor and evaluate each CASA
program receiving funds pursuant to this section.
(1) Program reports. Each CASA program
receiving funding pursuant to this section shall provide the Chief
Administrator with periodic reports summarizing its activities in a manner
prescribed by the Chief Administrator. The reports shall include information as
to:
(i) the amount of, and
purposes for which, all funds received pursuant to this Part were
expended;
(ii) the
number and type of appointments by the Family Court and the nature of the
assistance provided; and
(iii) any other matters as required by
the Chief Administrator.
(2) Access to CASA program records. The
State Comptroller and Chief Administrator shall be given complete access to
inspect the program operations and financial records of any recipient of
funding under this section at any time in order to determine whether the CASA
program that benefits from such funding is complying with its contract, all
court rules and all applicable Federal, State and local laws and
regulations.
(3)
Rescission of contract. Where the Chief Administrator determines that a CASA
program that benefits from funding hereunder is not adequately meeting its
responsibilities, is the subject of a bankruptcy or insolvency filing or is in
violation of any provision of this Part or of any other rules, regulations or
statutes, the Chief Administrator may rescind the contract for such funding
forthwith. In other circumstances, the Chief Administrator may rescind the
contract for funding upon 30 days' written notice to the program. A CASA
program recipient may rescind the contract for funding upon 60 days' written
notice to the Chief Administrator.
(e) Records retention. Each CASA
program that receives funding pursuant to this Part shall retain:
(1) all financial records for
a minimum of four years after the expiration of the contract entered into with
the Unified Court System for such funding pursuant to this Part;
(2) individual case files
until the youngest child in the family in the case reaches the age of 18 or, if
the child remains in foster care, until the child reaches 21;
(3) a fact sheet or summary of
each case from which the program may compile the information required for
purposes of program evaluation for a period of six years after termination of
such case. No other time requirements for records retention shall apply unless
otherwise contracted by the parties, directed by the Family Court or required
by statute, rule or regulation.
