N.Y. EXC Law § 747 — New York Code / Act EXC / Article 26-B / Section 747
Functions, powers and duties of the board
Status: in_force

§ 747. Functions, powers and duties of the board. In order to\neffectuate the purposes of the board as set forth in the state\nconstitution and as described in this article, the board shall have and\nperform the following specific functions, powers and duties:\n  1. (a) To visit and inspect, or cause members of its staff to visit\nand inspect, at such times as the board may consider to be necessary or\nappropriate to help insure adequate supervision, public and private\nfacilities or agencies, whether state, county, municipal, incorporated\nor not incorporated which are in receipt of public funds and which are\nof a charitable, eleemosynary, correctional or reformatory character,\nincluding all reformatories for juveniles and facilities or agencies\nexercising custody of dependent, neglected, abused, maltreated,\nabandoned or delinquent children or persons in need of supervision,\nagencies engaged in the placing out or boarding out of children as\ndefined in section three hundred seventy-one of the social services law,\nor in operating homes for unmarried mothers or special care homes, and\nfacilities providing residential care for convalescent, invalid, aged,\nor indigent persons, but excepting state institutions for the education\nand support of the blind, the deaf and the dumb, and excepting also such\ninstitutions as are subject to the visitation and inspection of the\nstate department of mental hygiene or the state commission of\ncorrection. As to institutions, whether incorporated or not\nincorporated, having incarcerated individuals, but not in receipt of\npublic funds, which are of a charitable, eleemosynary, correctional or\nreformatory character, and agencies, whether incorporated or not\nincorporated, not in receipt of public funds, which exercise custody of\nabandoned, destitute, dependent, neglected, abused, maltreated or\ndelinquent children or persons in need of supervision, the board shall\nmake inspections, or cause inspections to be made by members of its\nstaff, but solely as to matters directly affecting the health, safety,\ntreatment and training of their incarcerated individuals, or of the\nchildren under their custody. Visiting and inspecting as herein\nauthorized shall not be exclusive of other visiting and inspecting now\nor hereafter authorized by law.\n  (b) To have full access to the grounds, buildings, records, documents,\nbooks and papers relating to any facility or agency subject to being\nvisited and inspected by the board, including all case records of\nincarcerated individuals and children under their custody and all\nfinancial records.\n  (c) Upon visiting or inspecting any facility or agency under this\narticle, inquiry may be made to ascertain the quality of supervision\nexercised by state and local agencies responsible for supervising such\nfacilities and agencies, and the quality of program and operating\nstandards established by such state and local agencies, and to ascertain\nthe adequacy of such state and local agency supervision to determine the\nfollowing:\n  (i) whether the objects of the facility or agency are being\naccomplished;\n  (ii) whether the applicable laws, rules and regulations governing its\noperation are fully complied with;\n  (iii) its methods of and equipment for vocational and scholastic\neducation, and whether the same are best suited to the needs of its\nincarcerated individuals or children under their custody;\n  (iv) its methods of administration; and of providing care, medical\nattention, treatment and discipline of its residents and beneficiaries,\nand whether the same are best adapted to the needs of the residents and\nbeneficiaries;\n  (v) the qualifications and general conduct of its officers and\nemployees;\n  (vi) the condition of its grounds, buildings and other property;\n  (vii) the sources of public moneys received by any institution in\nreceipt of public funds and the management and condition of its finances\ngenerally; and\n  (viii) any other matter connected with or pertaining to its usefulness\nand good management or to the interest of its residents or\nbeneficiaries.\n  (d) To make a report of such visit and inspection and, notwithstanding\nany inconsistent provision of law, to transmit copies of such report to\nthe governor, the legislature, all state and local governmental agencies\nhaving supervisory jurisdiction, and to such other governmental agencies\nas the board may consider appropriate, and to make such report available\nfor public inspection in accordance with the requirements of the freedom\nof information law, and any other law which may be applicable, provided,\nhowever, that such disclosure shall be consistent with all applicable\nlaws and regulations governing the safeguarding of confidential records\nand information.\n  2. To conduct studies, analyses and research on specific programs and\npolicies of the state in all matters pertaining to adult and child care\nprograms, including care and services provided in a residential setting,\nservices and programs designed to maintain the family structure intact\nand to prevent or terminate the need for such care away from their\nhomes, and any other matter within the scope of its functions, powers\nand duties under this article; and to advise, aid and assist the\ngovernor regarding all policies and programs for child and adult care.\nSuch studies, analyses and research shall be coordinated with similar\nactivities of all other state agencies having responsibilities or\nauthority to conduct studies, analyses and research pertaining to adult\nand child care programs.\n  3. To conduct studies, analyses and research to all matters pertaining\nto human services generally. Such studies, analysis and research shall\nbe coordinated with similar activities of all other state agencies\nhaving responsibilities or authority to conduct studies, analysis and\nresearch pertaining to adult and child care programs.\n  4. To advocate the initiation, development, improvement and\nsponsorship by state and local agencies, both public and private, of\nsuch programs and policies as it may consider desirable in providing\ncare and services for children and adults away from their own homes, or\nwhich are designed to prevent the need for care away from their own\nhomes. The board may recommend legislation. The board is authorized to\nmake application and to appear before any court as a friend of the court\nin any action or proceeding pending before such court, which is\nconcerned with issues relevent to the board and within the scope of its\nfunctions, powers and duties under this article.\n  5. To direct an investigation, and to hold hearings relevant to such\ninvestigation, by a committee of one or more of its members or by duly\nauthorized employees of the board, of the adequacy of the supervision by\nany state or local agency having jurisdiction over the affairs and\nmanagement of any facility or agency subject to visit and inspection by\nthe board, or over the conduct of its officers and employees. Persons\ndesignated to make such investigations are empowered to issue compulsory\nprocess for the attendance of witnesses and production of any records,\ndocuments, books or papers relating to any matter under investigation,\nto administer oaths and to take the testimony of any person under oath.\nUpon the conclusion of such investigation, the board shall make a\nreport, with findings of fact and conclusions of law and,\nnotwithstanding any other provision of law to the contrary, shall\ntransmit copies of such report to the governor, the legislature, all\ngovernmental agencies, both state and local, having supervisory\njurisdiction, and to such other governmental agencies as the board may\nconsider to be appropriate, and to make such report available for public\ninspection in accordance with the requirements of the freedom of\ninformation law and any other applicable law, provided, however, that\nsuch disclosure shall be consistent with all applicable laws and\nregulations governing the safeguarding of confidential records and\ninformation.\n  6. To review and comment on proposed legislation, rules and\nregulations pertaining to child and adult care. Each division within the\nexecutive department and all other departments of the state shall make\navailable to the board any recommendations for legislative changes at\nthe time such recommendations are made; any proposed rules and\nregulations, at least thirty days prior to the date they are adopted,\nexcept for the promulgation of such rules and regulations on an\nemergency basis.\n  7. To conduct public hearings with respect to any matter within the\nscope of its functions, powers and duties.\n  8. To enter into contracts with other state and federal agencies, and\nwith individuals and organizations to undertake and conduct research,\nstudies and analysis of programs in the exercise of its authority to\nconduct such research, studies and analysis.\n  9. To request from any department, division, board, bureau, commission\nor other agency of the state or of any political subdivision thereof,\nand the same are authorized to provide such facilities and assistance,\nand shall provide such data as will enable the board properly to\nexercise its powers and perform its duties.\n  10. To accept as agency of the state any gift, grant, including\nfederal grant, devise or bequest, for any of the purposes of this\narticle. Any moneys so received may be expended by the board to\neffectuate any purpose of this article, subject to the same limitations\nas to approval of expenditures and audit as are prescribed for state\nmoneys appropriated for the purposes of this article.\n  11. To make an annual report to the governor and the legislature with\nrespect to the affairs of the board, and of its recommendations.\n  12. To make, amend and rescind rules:\n  (a) governing the procedure for visits and inspections by the board,\nincluding the furnishing of information to the board as it may require\non such forms as the board may provide by any facility or agency visited\nand inspected or to be visited and inspected;\n  (b) governing access to records and meetings of the board, in\naccordance with the requirements for such rules under the freedom of\ninformation law and the open meetings law;\n  (c) otherwise necessary to carry out its functions, powers and duties\nunder this article;\n  (d) provided, however, that any such rules are adopted by a two-thirds\nvote of the members of the board and are otherwise adopted and\npromulgated in accordance with the procedures of the state\nadministrative procedure act and with the applicable provisions of this\nchapter.\n  13. To do all things necessary or convenient to carry out the\nfunctions, powers and duties expressly set forth in this article.\n  14. The rights and powers of the board to visit, inspect and\ninvestigate may be enforced by an order of the supreme court after\nnotice and hearing, or by indictment by the grand jury of the county, or\nboth.\n  15. Any person who intentionally refuses to comply with a lawful\nrequest of the board for access to such persons, premises or information\nas may be required for the board properly to perform its functions,\npowers and duties under this act shall be guilty of a misdemeanor.\n