§ 398-a. Standards of payment for foster care. (1) For purposes of\nthis section, notwithstanding any other provisions of law, the term\nfoster child shall mean a person who is cared for away from his or her\nhome under conditions prescribed by regulations of the department and\nwho is: (a) under the age of eighteen years, (b) under the age of\ntwenty-one years if a student attending a school, college or university\nor regularly attending a course of vocational or technical training\ndesigned to fit him or her for gainful employment or (c) between the\nages of eighteen and twenty-one who lacks the skills or ability to live\nindependently and consents to continue in care.\n * (2) The office of children and family services shall promulgate,\nsubject to consultation with appropriate state agencies, the approval of\nthe director of the budget and certification to the chairmen of the\nsenate finance and assembly ways and means committees, regulations\nestablishing standards of payment for care provided foster children when\nthe care of such children is subject to public financial support, when\nsuch care is provided by relatives, authorized agencies, family boarding\nhomes, or state agencies. Such standards of payment shall include the\ncare required to be provided for foster children and the cost of such\ncare. When the office of children and family services has established\nsuch standards, reimbursement under subdivision two of section one\nhundred fifty-three-k of this chapter, for the care of foster children\nshall be limited in accordance with such standards.\n * NB Effective until June 30, 2027\n * (2) The department shall promulgate, subject to consultation with\nappropriate state agencies, the approval of the director of the budget\nand certification to the chairmen of the senate finance and assembly\nways and means committees, regulations establishing standards of payment\nfor care provided foster children when the care of such children is\nsubject to public financial support, when such care is provided by\nrelatives, authorized agencies, family boarding homes, or state\nagencies. Such standards of payment shall include the care required to\nbe provided for the foster child and the cost of such care. When the\ndepartment has established such standards, reimbursement under section\none hundred fifty-three of this chapter, for the care of foster children\nshall be limited in accordance with such standards.\n * NB Effective June 30, 2027\n (2-a) Those social services districts that as of January first, two\nthousand five were paying at least one hundred percent of the applicable\nrates published by the office of children and family services for the\ntwo thousand four--two thousand five rate year for care provided to\nfoster children in institutions, group residences, group homes and\nagency boarding homes and/or the applicable administrative/services\nrates published by the office for the operations of authorized agencies\nfor care provided to foster children in therapeutic, special needs and\nemergency foster boarding homes must pay for the two thousand five--two\nthousand six rate year and for each subsequent rate year thereafter at\nleast one hundred percent of the applicable rates published by the\noffice for that rate year. Those social services districts that as of\nJanuary first, two thousand five were paying less than the applicable\nrates published by the office for the two thousand four--two thousand\nfive rate year for care provided to foster children in institutions,\ngroup residences, group homes and agency boarding homes and/or the\napplicable administrative/services rates published by the office for the\noperations of authorized agencies for care provided to foster children\nin therapeutic, special needs and emergency foster boarding homes must\nincrease their rates of payment so that: effective July first, two\nthousand five, the difference between the percentage of the applicable\nrates published by the
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