Andrew m. cuomo
Governor / SHEILA J. POOLE
Acting Commissioner

New York State

Office of Children and Family Services

REQUEST FOR PROGRAM APPLICATIONS

For Raise the Age Residential Programs and Aftercare Services

(Statewide, Excluding New York City)

Issued: January 29, 2018

TABLE OF CONTENTS

1.0 GENERAL INFORMATION/CALENDAR OF EVENTS

1.1 Calendar of Events

1.2 Submission of Written Inquiries and Questions

1.3 Submission of Applications

1.4 OCFS Reserved Rights

2.0 PROGRAM DESCRIPTION

2.1 Background and Legislation

2.2 Target Population

2.3 Program Locations and Size

2.4 Program Objectives and Priorities

3.0 MINIMUM QUALIFICATIONS TO APPLY

4.0 PROGRAM REQUIREMENTS

4.1 Desired Outcomes and Program Requirements

4.2 Intake Eligibility Requirements

4.3 Residential Care and Treatment

4.4 Educational, Vocational and Workforce Readiness

4.5 Case Planning, Health and Behavioral Health Services

4.6 Aftercare Services and Community Supervision

4.7 Staffing Requirements

4.8 Staff Training and Supervision

5.0 IMPLEMENTATION SCHEDULE AND FINANCING

5.1 Implementation Schedule and Application Approval Period

5.2 Financing

6.0 APPLICATION CONTENT AND SUBMISSION

6.1 Technical Application Content and Format

6.2 Start-up Period Work Plan

6.3 Proposed Budgets

6.4 Submission of Application

7.0 MINIMUM CRITERIA/EVALUATION PROCESS

7.1 Evaluation Process

Appendices (Separate Attachments)

APPENDIX A: Voluntary Agency Licensing Residential Program Proposal Required

Documentation

APPENDIX B: Budget Forms

1.0 GENERAL INFORMATION/CALENDAR OF EVENTS

The New York State Office of Children and Family Services (OCFS) is pleased to announce this request for program applications from voluntary authorized agencies for approval to operate residential foster care programs for the Raise the Age (RTA) initiative statewide, excluding New York City.

If the applicant discovers any ambiguity, conflict, discrepancy, omission, or other error in this Request for Applications (RFA), they shall immediately notify OCFS (See Section 1.1, Restrictions on Communications) of such error in writing and request clarification or modification of the document.

If, prior to the Deadline for Submission of Questions, an applicant fails to notify OCFS of a known error in or omission from the RFA, or of any error or omission or prejudice in the RFA that the applicant knew or should have known, the applicant agrees that it will assume such risk and the applicant agrees that it is precluded from seeking further administrative relief or compensation by reason of such error, omission, or prejudice in the documents.

1.1Calendar of Events

Request for Program Applications (RFA)for Raise the Age Residential Programs and Aftercare
Event / Date
Issuance of Request for Applications / January 29, 2018
Deadline for Submission of Written Questions / February 9, 2018
5:00 p.m. Eastern Time
Responses to Written Questions Posted online (Anticipated) / February 16, 2018
Deadline for Submission of Applications / March 2, 2018
5:00 p.m. Eastern Time
Interviews (Optional, at OCFS’ Discretion, for Finalists Only) / March 14–21, 2018
AnticipatedNotification of Application Approval (Tentative) / March 30, 2018

1.2 Submission of Written Inquiries and Questions

All inquiries, questions, and requests for clarification, or reports of errors or omissions in this RFA, should cite the particular RFA section and paragraph number and must be submitted via email to no later than the Deadline for Submission of Written Questions specified in Section 1.1 Calendar of Events. Questions received after the deadline may not be answered.

The comprehensive list of questions and responses will be posted in the RFA announcement on the OCFS website on the date specified in Section 1.1 Calendar of Events.

1.3 Submission of Applications

Please refer to Section 6: APPLICATION CONTENT AND SUBMISSION for further information.

1.4 OCFS Reserved Rights

OCFS reserves the right to:

  1. Change any of the schedule dates stated in this RFA prior to the due date for the submission of applications.
  1. Reject any or all applications received in response to the RFA.
  1. Withdraw the RFA at any time at the agency’s sole discretion.
  1. Approve an application under the RFA in whole or in part.
  1. Disqualify any applicant whose conduct and/or application fails to conform to the requirements of the RFA.
  1. Seek clarification and revisions of applications. Request applicants to present supplemental information clarifying their application either in writing or by formal presentation.
  1. Require that applicants demonstrate, to the satisfaction of OCFS, any feature(s) present as a part of their application, which may include an oral presentation of their application. Any such demonstration or presentation may be considered in the evaluation of the application.
  1. Amend any part of this RFA prior to opening of applications, with notification to all applicants, and direct all applicants to prepare modifications addressing RFA amendments, if necessary. Expenses incurred in the preparation of any applications or modifications submitted in response to this RFA are the sole responsibility of the applicant or other party and will not be incurred or reimbursed by OCFS.
  1. Make decisions about applications so as to maximize compliance with and address the outcomes identified in this RFA.
  1. Approve only one portion, or selected activities, of the selected applicant’s application and/or adopt all or part of the selected applicant’s application based on federal and state requirements.
  1. Eliminate any RFA requirements that cannot be met by all prospective applicants upon notice to all parties that submitted applications.
  1. Waive procedural technicalities or modify minor irregularities in applications received after notification to the applicant involved.
  1. Correct any arithmetic errors in any application or make typographical corrections to applications with the concurrence of the applicant.
  1. Negotiate with the selected applicant(s) prior to approval of their application(s).
  1. Conduct negotiations or approve an application from the next highest scored applicant if negotiations with the selected applicant(s) cannot be accomplished within an acceptable time frame. No applicant will have any rights against OCFS arising from such actions.
  1. Approve applications from more than one applicant.
  1. Require that all applications be held valid for a minimum of 180 days from the closing date for receipt of applications, unless otherwise expressly provided for in writing.
  1. Approve any or all of the applications received in response to this RFA. However, issuance of this RFA does not commit OCFS to approve any applications. OCFS can reject any applications submitted and reserves the right to withdraw or postpone this RFA without notice and without liability to any applicant or other party for expenses incurred in the preparation of any applications submitted in response to this RFA. OCFS may exercise these rights at any time.
  1. Use the application submitted in response to this RFA as part of an approved application. At the time of application approval, applicants may be requested to provide additional budget and program information for the final approval.
  1. Utilize any and all ideas submitted in the applications received.
  1. Require clarification at any time during the process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of an offeror’s application and/or to determine an applicant’s compliance with the requirements of the RFA.
  1. Approve additional applications based on the remaining applications submitted in response to this RFA at OCFS’ discretion, and/or approve additional program capacity to approved applicants if the need arises.
  1. Make inquiries of third parties, including but not limited to, applicant’s references, with regard to the applicant’s experience or other matters deemed relevant to the application by OCFS. By submitting an application in response to this RFA, the applicant gives its consent to any inquiry made by OCFS.
  1. Require selected applicants to participate in a formal evaluation of the program to be developed by OCFS. Approved applicants may be required to collect data for these purposes. The evaluation design will maintain confidentiality of participants and recognize practical constraints of collecting this kind of information.
  1. Consider statewide distribution and regional distribution within New York State in evaluating applications.
  1. Rescind application approvals for failure of applicants to meet timeframes that OCFS must meet for application selection, approval, and establishment of the residential programs.
  1. Prior to the deadline for submission of applications, any such clarifications or modifications as deemed necessary by OCFS will be posted on the OCFS website.
  1. OCFS reserves the right to cancel this RFA, in whole or in part, at any time and to reject any and all applications when appropriate in the best interests of the state.
  1. Applications submitted in response to this RFA will not be considered to constitute applications for an operating certificate.

2.0 PROGRAM DESCRIPTION

2.1 Background and Legislation

In April, 2017, New York Governor Andrew M. Cuomo signed legislation raising the age of criminal responsibility to 18-years-old to provide young people in New York who commit non-violent crimes with the intervention and evidence-based treatment they need.

The new measures will be phased in over time, raising the age of criminal responsibility from age 16- to 17-years-old beginning on October 1, 2018, and subsequently raising the age to 18-years-old on October 1, 2019.

The goals of “Raise the Age” (RTA) include providing more rehabilitative services for young offenders, reducing recidivism and protecting teens from potentially traumatic or violent encounters in adult prisons. Without age-appropriate facilities and programs, teenagers face a greater risk of being involved in a significant assault, being a victim of sexual violence and committing suicide, with juveniles who are confined in adult facilities five times more likely than the general population to commit suicide.[1]

Youth who are processed as adults have higher recidivism rates than those processed as juveniles, and young people who are transferred to the adult criminal justice system are 34 percent more likely to be re-arrested for violent and other crimes than youth retained in the youth justice system. It is estimated that raising the age of criminal responsibility will prevent between 1,500 and 2,400 crimes every five years.[2]

Incarceration of 16- and 17-year-olds falls disproportionately on youth of color. Black and Hispanic youth make up 33 percent of 16- and 17-year-old youth statewide, but 72 percent of all arrests. Black girls are disproportionately represented and youth who are LGBTQ, particularly youth who are female or who identify as such, are also disproportionately represented. Of the teenagers who commit crimes, a vast majority of them are non-violent charges.[3]

Similar to youth under the age of 15 who commit an act that would be a crime if committed by an adult, the vast majority of 16 and 17-year-olds will be processed through family courts as juvenile delinquency matters.

In Family Court cases, youth who have been adjudicated delinquent and in need of placement will be placed in facilities operated by voluntary authorized agencies or OCFS. Misdemeanor sentences are limited to one year and felonies to 18 months, though thatmay be extended for additional time up to the youth’s 21st birthday.

Under the new law, cases involving 16 and 17-year-old defendants would be adjudicated as follows:

Civil violation charges, such as open container violations and possession of small amounts of marijuana, as well as misdemeanors under the Vehicle and Traffic Law, such as DWIs, will continue to be handled in the local court; theseyouth will not be served by voluntary agencies.

All misdemeanor charges under the Penal Law will be handled in Family Court; youth may be placed in out of home placement in OCFS’ or the Local Department of Social Services’ (LDSS) custody on a misdemeanor charge.

All felony charges will begin in a newly established Youth Part of the criminal court, presided over by a Family Court judge.

  • Non-violent felony charges will be transferred to Family Court, unless the district attorney makes a motion and demonstrates extraordinary circumstances that justify retaining the case in the Youth Part of the criminal court; youth may be placed in out of home placement in OCFS or LDSS custody on a non-violent felony charge that has been removed from criminal court and transferred to Family Court.
  • Violent felony charges will remain in the Youth Part of the criminal court and be subject to a three-part test that weighs the seriousness of the offense to determine whether the case will be eligible for presumptive transfer to Family Court; youth may be placed in out of home placement in OCFS or LDSS custody on a violent felony charge that has been transferred to Family Court.

Juvenile cases not eligible for transfer to Family Court will be treated as adults for sentencing purposes, though the court will be directed to consider the defendant's age when imposing a sentence of incarceration.

2.2Target Population

As described above, the courts will decide which youth require placement outside of their homes as part of the RTA initiative. Further, the courts will decide whether the youth will be placed in the custody of DOCCS,OCFS or LDSS.

The purpose of this RFA is to solicit applications from voluntary authorized agencies (“agencies”) to open and operate new residential programs for youth who were 16 or 17 at the time they committed an act for which they are adjudicated delinquent and placed by the Family Courts under Raise the Age. These residential programs will be located throughout the state, excluding New York City.

Applications will also be accepted from voluntary authorized agencies operating Residential Treatment Facilities (RTFs) for children/youth licensed by the New York State Office of Mental Health (OMH). All approved applicants must have the legal authority to operate a foster care program at the time of opening the program.These new residential programs are generally expected to include a maximum eight-month placement with mandatory aftercare supervision and services to be provided by the voluntary agencies or their subcontractors.

Applications are not being solicited through this RFA for specialized secure, secure or non-secure detention facilities or for RTA programs to be operated by the New York State Department of Corrections and Community Supervision (DOCCS) or those to be directly operated by OCFS.

Agencies considering applying to operate a RTA residential foster care program should expect and plan for youth being placed in their program to be 16 years of age and older at the time of admission and likely to have higher intensity needs than youth currently placed in the agency’s residential program. It is anticipated that many RTA-placed youth will have needs related to their mental health, substance use and/or intellectual and development disabilities. Many youth may present with aggressive behaviors. All placed youth will have committed an act that would be a criminal offense if committed by an adult and have risks and needs related to their delinquent behavior (“criminogenic risks and needs”) that must be addressed to prevent future re-offending.

In recognition of the level of risk and needs of this population, OCFS is requiring more intensive staffing ratios for RTA programs, among other requirements that are described below. OCFS is developing a significantly enhanced rate, with a separate rate formandated aftercare supervision and services beginning in the facility and for a period after discharge See Section 5.2

2.3 Program Locations and Size

OCFS is seeking applications from voluntary authorized agencies currently licensed to operate institutional programs for youth in foster care in New York State and in good financial, regulatory and programmatic standing with OCFS. Agencies operating Residential Treatment Facilities (RTFs) licensed by the New York State Office of Mental Health (OMH), whether or not they are voluntary authorized agencies, are also encouraged to apply and must be in good standing with OMH. Upon approval of an agency’s application to this RFA, the agency will be required to submit to OCFS any additional standard documents for corporate authority, licensure/certification of the foster care program(s) consistent with current requirements.

Applications are being accepted for RTA programs that include residential and aftercare components in one or more regions, as defined by the Economic Development Corporation of New York State (excluding the five boroughs of New York City): Capital; Central NY and Mohawk Valley; Long Island; Mid-Hudson; North Country; Southern Tier; and Western NY and Finger Lakes. The link for the description of counties in each region is:

Applicants may apply to operate one or more of the following types of RTA programs:

1) A program to serve males. OCFS anticipates the maximum unit size to serve ten (10) youth, each with individual bedrooms. A RTA program for males must include more than one unit. Please note that exceptions will be made at the discretion of OCFS. Additionally, OCFS will consider single larger units where the geographic region to be served is small and the program demonstrates adequate programmatic responses to safety and behavior management.

2) A program to serve females with gender-responsive programming. The maximum unit size is eight beds with individual bedrooms. A RTA program for females may include more than one unit.

3) A small, specialized program to serve males or females (separately) who might otherwise be placed out-of-state because of their history of fire setting, sexually aggressive behaviors, and/or significant intellectual and developmental disabilities, severe mental health issues.

These programs must be part of an institutional/residential campus and cannot be stand-alone group homesor agency operated homes.

Applicants may apply to begin operating a RTA program(s) that is ready to admit the first RTA-placed youth as early as November 1, 2018 and no later than January 1, 2019

At this time, OCFS is only accepting applications from agencies that can meet this time frame. OCFS will be approving a limited number of applicants initially based on the projected need. OCFS will evaluate the number and rate of RTA placements during the first year of the new program to determine whether additional applications will be approved.

Applicants may apply to operate one or more RTA residential programs in either, or both, of the following locations:

A. On property already owned or leased by the voluntary authorized agency that is part of an institutional/residential campus. These may not be stand-alone group homesor agency operated homes. These can be new beds and/or existing beds being converted to a RTA residential program. RTA residential beds cannot be mixed into existing units with youth placed for reasons other than a RTA placement.