N.Y. EDN Law § 695-B — New York Code / Act EDN / Title 1 / Article 14-A / Section 695-B
Definitions
Status: in_force

§ 695-b. Definitions. As used in this article, the following terms\nshall have the following meanings:\n  1. "Account" or "family tuition account" shall mean an individual\nsavings account established in accordance with the provisions of this\narticle.\n  2. "Account owner" shall mean a person who enters into a tuition\nsavings agreement pursuant to the provisions of this article, including\na person who enters into such an agreement as a fiduciary or agent on\nbehalf of a trust, estate, partnership, association, company or\ncorporation. The account owner may also be the designated beneficiary of\nthe account.\n  3. "Designated beneficiary" shall mean, with respect to an account or\naccounts, the individual designated as the individual whose higher\neducation expenses are expected to be paid from the account or accounts.\n  4. "Financial organization" shall mean an organization authorized to\ndo business in the state of New York and (a) which is an authorized\nfiduciary to act as a trustee pursuant to the provisions of an act of\ncongress entitled "Employee Retirement Income Security Act of 1974" as\nsuch provisions may be amended from time to time, or an insurance\ncompany; and (b)(i) is licensed or chartered by the department of\nfinancial services, (ii) is chartered by an agency of the federal\ngovernment, (iii) is subject to the jurisdiction and regulation of the\nsecurities and exchange commission of the federal government, or (iv) is\nany other entity otherwise authorized to act in this state as a trustee\npursuant to the provisions of an act of congress entitled "Employee\nRetirement Income Security Act of 1974" as such provisions may be\namended from time to time.\n  5. "Eligible educational institution" shall mean (a) any institution\nof higher education defined as an eligible educational institution in\nsection 529(e)(5) of the Internal Revenue Code of 1986, as amended, or\n(b) any apprenticeship program described in section 529(c)(8) of the\nInternal Revenue Code of 1986, as amended.\n  6. "Member of family" shall mean a family member as defined in section\n529 of the Internal Revenue Code of 1986, as amended.\n  7. "Program" shall mean the New York state college choice tuition\nsavings program established pursuant to this article.\n  8. "Qualified higher education expenses" shall mean any qualified\nhigher education expense included in section 529 of the Internal Revenue\nCode of 1986, as amended.\n  9. "Qualified withdrawal" shall mean a withdrawal from an account:\n  a. to pay the qualified higher education expenses of the designated\nbeneficiary of the account at an eligible educational institution;\n  b. to pay principal and interest on any qualified education loan as\nprovided for in section 529(c)(9) of the Internal Revenue Code of 1986,\nas amended; and\n  c. to make a rollover to a Roth Individual Retirement Account as\nprovided for in section 529(c)(3)(E) of the Internal Revenue Code of\n1986, as amended.\n  10. "Nonqualified withdrawal" shall mean a withdrawal from an account\nbut shall not mean:\n  a. a qualified withdrawal;\n  b. a withdrawal made as the result of the death or disability of the\ndesignated beneficiary of an account; or\n  c. a withdrawal made on the account of a scholarship.\n  11. "Corporation" shall mean the New York state higher education\nservices corporation.\n  12. "Comptroller" shall mean the comptroller of the state of New York.\n  13. "Management contract" shall mean the contract executed by the\ncomptroller and a financial organization selected to act as a depository\nand manager of the program.\n  14. "Tuition savings agreement" shall mean an agreement between the\ncomptroller or a financial organization and the account owner.\n  15. "Program manager" shall mean a financial organization selected by\nthe comptroller to act as a depository and manager of the program.\n
N.Y. SOS Law § 460-H — New York Code / Act SOS / Article 7 / Title 1 / Section 460-H
Review of criminal history information concerning prospective employees, consultants, assistants and volunteers of publicly-funded emerge...
Status: in_force

§ 460-h. Review of criminal history information concerning prospective\nemployees, consultants, assistants and volunteers of publicly-funded\nemergency shelters for families with children. 1. Every provider of\nservices to publicly-funded emergency shelters for families with\nchildren, as such phrase is defined in subdivision nine of section four\nhundred twelve of this chapter, shall request from the division of\ncriminal justice services criminal history information, as such phrase\nis defined in paragraph (c) of subdivision one of section eight hundred\nforty-five-b of the executive law, concerning each prospective employee,\nconsultant, assistant or volunteer of such provider who will have the\npotential for regular and substantial contact with children who are\nserved by the publicly-funded emergency shelter for families with\nchildren.\n  (a) Prior to requesting criminal history information concerning any\nprospective employee, consultant, assistant or volunteer, a provider\nshall:\n  (1) inform the prospective employee, consultant, assistant or\nvolunteer in writing that the provider is required to request his or her\ncriminal history information from the division of criminal justice\nservices and review such information pursuant to this section; and\n  (2) obtain the signed informed consent of the prospective employee,\nconsultant, assistant or volunteer on a form supplied by the division of\ncriminal justice services which indicates that such person has:\n  (i) been informed of the right and procedures necessary to obtain,\nreview and seek correction of his or her criminal history information;\n  (ii) been informed of the reason for the request for his or her\ncriminal history information;\n  (iii) consented to such request; and\n  (iv) supplied on the form a current mailing or home address.\n  (b) Upon receiving such written consent, the provider shall obtain a\nset of fingerprints of such prospective employee, consultant, assistant,\nor volunteer and provide such fingerprints to the division of criminal\njustice services pursuant to regulations established by the division of\ncriminal justice services.\n  2. A provider shall designate one or two persons in its employ who\nshall be authorized to request, receive and review the criminal history\ninformation, and only such persons and the prospective employee,\nconsultant, assistant or volunteer to which the criminal history\ninformation relates shall have access to such information; provided,\nhowever, the criminal history information may be disclosed to other\npersonnel authorized by the provider who are empowered to make decisions\nconcerning prospective employees, consultants, assistants or volunteers\nand provided further that such other personnel shall also be subject to\nthe confidentiality requirements and all other provisions of this\nsection. A provider shall notify each person authorized to have access\nto criminal history information pursuant to this section.\n  3. A provider requesting criminal history information pursuant to this\nsection shall also complete a form developed for such purpose by the\ndivision of criminal justice services. Such form shall include a sworn\nstatement of the person designated by such provider to request, receive\nand review criminal history information pursuant to subdivision two of\nthis section certifying that:\n  (a) such criminal history information will be used by the provider\nsolely for purposes authorized by this section;\n  (b) the provider and its staff are aware of and will abide by the\nconfidentiality requirements and all other provisions of this section;\nand\n  (c) the persons designated by the provider to receive criminal history\ninformation pursuant to subdivision two of this section shall upon\nreceipt immediately mark such criminal history information\n"confidential," and shall at all times maintain such criminal history\ninformation in a secure place.\n  4. Upon receipt of the fingerprints and sworn statement required by\nthis section, the provider shall promptly submit the fingerprints to the\ndivision of criminal justice services.\n  5. The division of criminal justice services shall promptly provide\nthe requested criminal history information, if any, to the provider that\ntransmitted the fingerprints to it. Criminal history information\nprovided by the division of criminal justice services pursuant to this\nsection shall be furnished only by mail or other method of secure and\nconfidential delivery, addressed to the requesting provider. Such\ninformation and the envelope in which it is enclosed shall be\nprominently marked "confidential," and shall at all times be maintained\nby the provider in a secure place.\n  6. Upon receipt of criminal history information from the division of\ncriminal justice services, the provider may request, and is entitled to\nreceive, information pertaining to any crime identified on such criminal\nhistory information from any state or local law enforcement agency,\ndistrict attorney, parole officer, probation officer or court for the\npurposes of determining whether any grounds relating to such crime exist\nfor denying an application, renewal, or employment.\n  7. After receiving criminal history information pursuant to\nsubdivisions five and six of this section and before making a\ndetermination, the provider shall provide the prospective employee,\nconsultant, assistant or volunteer with a copy of such criminal history\ninformation and a copy of article twenty-three-A of the correction law\nand inform such prospective employee, consultant, assistant and\nvolunteer of his or her right to seek correction of any incorrect\ninformation contained in such criminal history information provided by\nthe division of criminal justice services pursuant to the regulations\nand procedures established by the division of criminal justice services\nand the right of the prospective employee, consultant, assistant or\nvolunteer to provide information relevant to such analysis.\n  8. Criminal history information obtained pursuant to subdivisions five\nand six of this section shall be considered by the provider in\naccordance with the provisions of article twenty-three-A of the\ncorrection law and subdivisions fifteen and sixteen of section two\nhundred ninety-six of the executive law.\n  9. A prospective employee, consultant, assistant or volunteer may\nwithdraw from the application process, without prejudice, at any time\nregardless of whether he or she, or the provider, has reviewed his or\nher criminal history information. Where a prospective employee,\nconsultant, assistant or volunteer withdraws from the application\nprocess, any fingerprints and criminal history information concerning\nsuch prospective employee, consultant, assistant or volunteer received\nby the provider shall, within ninety days, be returned to such\nprospective employee, consultant, assistant or volunteer by the person\ndesignated for receipt of criminal history information pursuant to\nsubdivision two of this section.\n  10. Any person who willfully permits the release of any confidential\ncriminal history information contained in the report to persons not\npermitted by this section to receive such information shall be guilty of\na misdemeanor.\n  11. The commissioner of the division of criminal justice services, in\nconsultation with the office of temporary and disability assistance,\nshall promulgate all rules and regulations necessary to implement the\nprovisions of this section, which shall include convenient procedures\nfor the provider to promptly verify the accuracy of the reviewed\ncriminal history information and, to the extent authorized by law, to\nhave access to relevant documents related thereto.\n
N.Y. EXC Law § 611 — New York Code / Act EXC / Article 21-B / Title 1 / Section 611
Manufactured housing advisory council
Status: in_force

§ 611. Manufactured housing advisory council. 1. There is hereby\nestablished within the department a manufactured housing advisory\ncouncil. The advisory council shall consist of fifteen members to be\nappointed as follows:\n  a. Four members shall be appointed by the governor; one of whom shall\nbe a member, officer, or employee of an installer, one of whom shall be\na member, officer, or employee of a park residence advocacy association,\none of whom shall be a member, officer, or employee of a retailer, and\none of whom shall be a member, officer, or employee of a trade\nassociation representing the manufactured home industry.\n  b. Four members shall be appointed by the temporary president of the\nsenate; one of whom shall be a member, officer, or employee of a\nmanufacturer, one of whom shall be a member, officer, or employee of the\nengineering industry involved in manufactured housing issues, one of\nwhom shall be a member, officer, or employee of a consumer advocacy\nassociation involved in manufactured housing issues, and one of whom\nshall be a manufactured housing resident owner.\n  c. Four members shall be appointed by the speaker of the assembly; one\nof whom shall be a member, officer, or employee of a manufacturer, one\nof whom shall be a member, officer, or employee of the banking industry\ninvolved in manufactured housing issues, one of whom shall be a member,\nofficer, or employee of a consumer advocacy association involved in\nmanufactured housing issues, and one of whom shall be a manufactured\nhousing resident owner.\n  d. One member shall be appointed by the minority leader of the senate;\nwho shall be a manufactured home resident owner.\n  e. One member shall be appointed by the minority leader of the\nassembly; who shall be a manufactured home resident owner.\n  2. The secretary shall be a member of the advisory council and shall\nserve as chair to the council.\n
N.Y. SOS Law § 131-X — New York Code / Act SOS / Article 5 / Title 1 / Section 131-X
Reverse mortgage loans
Status: in_force

§  131-x.  Reverse  mortgage  loans.  Notwithstanding any other\ninconsistent provisions of law and to the extent permissible under\nfederal law, regulation or waiver, the proceeds of a reverse mortgage\nloan made in conformity with the requirements of section two hundred\neighty or two hundred eighty-a of the real property law or exempted\ntherefrom pursuant to subdivision four of section two hundred eighty or\nsubdivision four of section two hundred eighty-a of the real property\nlaw shall not be considered as income or resources of the mortgagor for\nany purpose under any law relating to food stamps, public assistance,\nveteran assistance, safety net assistance, low-income home energy\nassistance, federal supplemental security income benefits and/or\nadditional state payments, medical assistance, any prescription drug\nplan or other payments, allowances, benefits or services available\npursuant to this chapter; provided, however, that for applicants or for\nrecipients of safety net assistance, any such reverse mortgage loan\nproceeds shall be disregarded  as income and/or resources only in the\nevent that, and for so long as, federal laws and regulations exempt loan\nproceeds in the determination of eligibility for both the aid to\nfamilies with dependent children and supplemental security income\nprograms.\n
N.Y. PBH Law § 2997-K — New York Code / Act PBH / Article 29-D / Title 1-A / Section 2997-K
Safe patient handling committees; programs
Status: in_force

§ 2997-k. Safe patient handling committees; programs. 1. On or before\nJanuary first, two thousand sixteen, each health care facility shall\nestablish a safe patient handling committee (referred to in this section\nas a "committee" except where the context clearly requires otherwise)\neither by creating a new committee or assigning the functions of a safe\npatient handling committee to an existing committee, including but not\nlimited to a safety committee or quality assurance committee, or\nsubcommittee thereof. The purpose of a committee is to design and\nrecommend the process for implementing a safe patient handling program\nfor the health care facility. The committee shall include individuals\nwith expertise or experience that is relevant to safe patient handling,\nincluding risk management, nursing, purchasing, or occupational safety\nand health, and in facilities where there are employee representatives,\nat least one shall be appointed on behalf of nurses and at least one\nshall be appointed on behalf of direct care workers. One half of the\nmembers of the committee shall be frontline non-managerial employees who\nprovide direct care to patients. At least one non-managerial nurse and\none non-managerial direct care worker shall be on the safe patient\nhandling committee. In health care facilities where a resident council\nis established, and where feasible, at least one member of the safe\npatient handling committee shall be a representative from the resident\ncouncil. The committee shall have two co-chairs with one from management\nand one frontline non-managerial nurse or direct care worker.\n  2. On or before January first, two thousand seventeen, each health\ncare facility, in consultation with the committee, shall establish a\nsafe patient handling program. As part of this program, a health care\nfacility shall:\n  (a) implement a safe patient handling policy, considering the elements\nof the sample safe patient handling policies and best practices\ndisseminated by the commissioner, as well as the type of facility and\nits services, patient populations and care plans, types of caregivers,\nand physical environment, for all shifts and units of the health care\nfacility. Implementation of the safe patient handling policy may be\nphased-in;\n  (b) conduct a patient handling hazard assessment. This assessment\nshould consider such variables as patient-handling tasks, types of\nnursing units, patient populations and the physical environment of\npatient care areas;\n  (c) develop a process to identify the appropriate use of the safe\npatient handling policy based on the patient's physical and medical\ncondition and the availability of safe patient handling equipment. The\npolicy shall include a means to address circumstances under which it\nwould be contraindicated based on a patient's physical, medical,\nweight-bearing, cognitive and/or rehabilitative status to use lifting or\ntransfer aids or assistive devices for particular patients;\n  (d) provide initial and on-going yearly training and education on safe\npatient handling for current employees and new hires, and establish\nprocedures to ensure that retraining for those found to be deficient is\nprovided as needed;\n  (e) set up and utilize a process for incident investigation and\npost-investigation review which may include a plan of correction and\nimplementation of controls;\n  (f) conduct an annual performance evaluation of the program to\ndetermine its effectiveness, with the results of the evaluation reported\nto the committee. The evaluation shall determine the extent to which\nimplementation of the program has resulted in a reduction in the risk of\ninjury to patients, musculoskeletal disorder claims and days of lost\nwork attributable to musculoskeletal disorders by employees caused by\npatient handling, and include recommendations to increase the program's\neffectiveness;\n  (g) when developing architectural plans for constructing or remodeling\na health care facility or a unit of a health care facility in which\npatient handling and movement occurs, consider the feasibility of\nincorporating patient handling equipment or the physical space and\nconstruction design needed to incorporate that equipment at a later\ndate; and\n  (h) develop a process by which employees may refuse to perform or be\ninvolved in patient handling or movement that the employee reasonably\nbelieves in good faith will expose a patient or health care facility\nemployee to an unacceptable risk of injury. Such process shall require\nthat the nurse or direct care worker make a good faith effort to ensure\npatient safety and bring the matter to the attention of the facility in\na timely manner. A health care facility employee who reasonably and in\ngood faith follows the process developed by the health care facility in\naccordance with this subdivision shall not be the subject of\ndisciplinary action by the health care facility for the refusal to\nperform or be involved in the patient handling or movement.\n
N.Y. EDN Law § 233-AA — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 233-AA
Property of other museums
Status: in_force

§ 233-aa. Property of other museums. 1. As used in this section:\n  (a) The term "museum" means any institution, including but not limited\nto museums, historical societies, zoological gardens, aquariums,\nbotanical gardens, and arboreta, having collecting as a stated purpose\nin its charter, or owning or holding collections, or intending to own or\nhold collections, that is a governmental entity or not-for-profit\ncorporation. The term museum does not include the state museum.\n  (b) The term "deaccession" means the permanent removal or disposal of\nproperty from the collection of a museum by virtue of its sale,\nexchange, donation, or transfer by any means to any person.\n  (c) The term "person" means any natural person, partnership,\ncorporation, company, trust association, or other entity, however\norganized.\n  (d) The term "property" means any inanimate object, document,\norganism, or tangible object under a museum's care which has intrinsic\nhistoric, artistic, scientific, or cultural value.\n  (e) The term "loan" means a deposit of property with a museum not\naccompanied by a transfer to such museum of title to the property.\n  (f) The term "lender" means a person legally entitled to, or claiming\nto be legally entitled to, property held by the museum or, if such\nperson is deceased, the legal heirs of such person.\n  (g) The term "unclaimed property" means property which is on loan to a\nmuseum and in regard to which the lender, or anyone acting legitimately\non the lender's behalf, has not contacted the museum for at least ten\nyears from the date of the beginning of the loan, if the loan was for an\nindefinite or undetermined period, or for at least five years after the\ndate upon which the loan for a definite period expired.\n  (h) The term "undocumented property" means property that has been in\nthe possession of a museum for at least ten years and for which the\nmuseum cannot determine the lender, donor, or owner by making a good\nfaith and reasonable search for the identity and last known address of\nthe lender, donor or owner from the museum records and other records\nreasonably available to museum staff.\n  (i) The term "conservation measures" means any actions taken to\npreserve or stabilize a property, including, but not limited to, proper\nstorage, support, cleaning, and restoration.\n  2. The acquisition of property by a museum pursuant to this section\nmust be consistent with the mission of the museum.\n  3. Prior to the acquisition of property by gift, a museum shall inform\na donor or prospective donor of the provisions of this section and shall\nprovide a donor or prospective donor with a written copy of its mission\nstatement and collections policy, which shall include policies and\nprocedures of the museum related to deaccessioning.\n  4. If the museum has knowledge of a planned bequest of any property\nprior to the death of the testator, the museum shall provide the\ntestator with a written copy of its mission statement and collections\npolicy, which shall include policies and procedures of the museum\nrelating to deaccessioning, provided, however, that any museum that\nroutinely makes its mission statement and collections policy available\non its website shall be deemed to have complied with this subdivision.\n  5. Proceeds derived from the sale of any property title to which was\nacquired by a museum pursuant to this section shall be used only for the\nacquisition of property for the museum's collection or for the\npreservation, protection, and care of the collection and shall not be\nused to defray ongoing operating expenses of the museum.\n  6. (a) Notice by mail required by this section shall be mailed to a\nlender's last known address by certified mail, return receipt requested;\nprovided, however, that notice shall be given by publication pursuant to\nparagraph (b) of this subdivision if the museum does not:\n  (i) know the identity of the lender; or\n  (ii) know the address of the lender; or\n  (iii) receive proof that the notice mailed under this section was\nreceived within thirty days of mailing.\n  (b) Notice by publication must be given at least once a week for three\nconsecutive weeks in a newspaper of general circulation in:\n  (i) the county in which the property is held by the museum; and\n  (ii) the county of the lender's last address, if known.\n  The date of notice under this paragraph shall be the date of the third\npublished notice.\n  (c) In addition to any other information required by this section, any\nnotice given under this section must contain the following:\n  (i) The name of the lender, if known.\n  (ii) The last address of the lender, if known.\n  (iii) A brief description of the property on loan to the museum\nreferenced in the notice.\n  (iv) The date of the loan, if known, or the approximate date of\nacquisition of the property.\n  (v) The name and address of the museum.\n  (vi) The name, address, and telephone number of the person to be\ncontacted regarding the property.\n  (d) A copy of all notices required by this section pertaining to\nproperty in the form of identifiable works of art known to have been\ncreated before nineteen hundred forty-five and to have changed hands in\nEurope during the Nazi era (1933-1945) shall be sent to The Art Loss\nRegister or any successor organization having similar purposes on or\nbefore the date on which such notices are mailed or first published\npursuant to the requirements of this section.\n  7. Unless there is a written loan agreement to the contrary, and\nnotwithstanding any other provision of law regarding abandoned or lost\nproperty, a museum that has made a good faith and reasonable search for\nthe identity and last known address of the lender from the museum\nrecords and other records reasonably available to museum staff may\nterminate a loan for unclaimed property in its possession in accordance\nwith the provisions of this subdivision.\n  (a) If the museum has identified the lender and the lender's last\nknown address, the museum shall give notice by mail, in accordance with\nsubdivision six of this section, of its intent to terminate the loan.\n  (b) Such notice shall be entitled "Notice of Termination" and must\ninclude a statement containing substantially the following information:\n"The records of the (name of museum) indicate that you have or may have\nproperty on loan at (name of facility). The museum is seeking to\ndetermine whether you wish:\n  (i) that the museum return the property to you,\n  (ii) that the property remain on loan to the museum subject to annual\nrenewal (if the museum also wishes that the property remain on loan), or\n  (iii) that the museum obtain all of the lender's rights to the\nproperty, either to take the property into its collection or to dispose\nof the property, in its sole discretion. Please contact (name of\ncontact) in writing within one hundred twenty days to advise the museum\nas to which of the above alternatives you wish to follow."\n  (c) If the lender does not respond to the notice of termination,\nwithin one hundred twenty days following receipt thereof, the museum\nshall send a second notice to the lender containing the following\ninformation: "On (date of first notice), the (name of museum) sent you a\nnotice concerning property that, according to our records, has been lent\nto the (name of museum). You have not responded to that notice, a copy\nof which is enclosed, and the museum will commence proceedings to\nacquire title to the property if you do not contact (name of contact) in\nwriting within one hundred twenty days of receiving this second notice."\n  (d) If the lender fails to respond to the second notice within one\nhundred twenty days of receipt thereof, the museum shall acquire all of\nthe lender's rights to the property.\n  (e) If the museum does not receive proof that the notices mailed\npursuant to this subdivision were received within thirty days of\nmailing, or if the museum has undertaken a good faith and reasonable\nsearch of museum records and other records reasonably available to\nmuseum staff but has been unable to determine the identity and last\nknown address of the lender, the museum may terminate the loan by\ncomplying with the procedures established in subdivision eight of this\nsection for acquisition of title to undocumented property.\n  8. (a) Notwithstanding any other provision of law regarding abandoned\nor lost property, a museum may acquire the rights of the lender, donor,\nor owner to undocumented property by giving notice by publication, in\naccordance with subdivision six of this section, that it is asserting\ntitle to the undocumented property.\n  (b) Such notice shall be entitled "Notice of Intent to Acquire\nProperty" and must include a statement containing substantially the\nfollowing information: "The (name of museum) hereby asserts its intent\nto acquire title to the following property: (brief description of\nproperty). If you claim ownership of this property, you must contact the\nmuseum in writing and make arrangements to collect the property. If you\nfail to do so within one hundred eighty days, the museum will commence\nproceedings to acquire title to the property. If you wish to commence\nlegal proceedings to claim the property, you should consult an\nattorney."\n  (c) If the museum does not receive contact from any person who can\nprovide documentation or other evidence establishing an ownership\ninterest in the property within one hundred eighty days of the date of\nnotice by publication, the museum shall cause a brief description of the\nproperty to be submitted to the comptroller, who shall post such\ndescription on the unclaimed funds registry for not less than one\nhundred eighty days.\n  (d) If the museum does not receive contact from any person who can\nprovide documentation or other evidence establishing an ownership\ninterest in the property prior to or within thirty days following the\nconclusion of the unclaimed funds registry posting, the museum shall\nacquire title to the property.\n  9. The provisions of subdivisions seven and eight of this section\nshall not apply to:\n  (a) any property that was created before nineteen hundred forty-five\nand changed hands due to theft, seizure, confiscation, forced sale, or\nother involuntary means in Europe during the Nazi era (1933-1945); or\n  (b) notwithstanding any copy of a notice sent pursuant to subdivision\nsix of this section, any property reported as stolen to a law\nenforcement agency or insurer or The Art Loss Register or any successor\norganization having similar purposes no later than three years following\nthe theft or discovery of the theft.\n  10. A museum shall acquire all rights to undocumented property that is\nnot solicited by the museum and that is delivered to the museum or left\non museum premises after January first, two thousand nine if no person\nprovides documentation or other evidence establishing an ownership\ninterest in the property within ninety days of delivery of such property\nto the museum.\n  11.(a) The museum shall give a lender prompt written notice by mail,\nin accordance with subdivision six of this section, of any known injury\nto, or loss of, property on loan or of the need to apply conservation\nmeasures. Such notice shall advise the lender of his or her right, in\nlieu of the application of such conservation measures, to terminate the\nloan and, no later than thirty days after having received such notice,\neither retrieve the property or arrange for its isolation and retrieval.\nThe museum shall not be required to publish notice of injury or loss to\nany undocumented property.\n  (b) Unless there is a written loan agreement to the contrary, the\nmuseum may apply conservation measures to property on loan to the museum\nwithout giving formal notice or first obtaining the lender's permission\nif immediate action is required to protect the property on loan or other\nproperty in the custody of the museum or if the property on loan is a\nhazard to the health and safety of the public or the museum staff;\nprovided that:\n  (i) the museum is unable to reach the lender at the lender's address\nor telephone number before the time by which the museum determines\naction is necessary; or\n  (ii) the lender either (1) does not respond to a request for\npermission to apply conservation measures within three days of receiving\nthe request or will not agree to the conservation measures the museum\nrecommends; or (2) fails to terminate the loan and either retrieve the\nproperty or arrange for its isolation and retrieval within thirty days\nof receiving the request.\n  If immediate conservation measures are necessary to protect the\nproperty or to protect the health or safety of the public or museum\nstaff, the conditions set forth in subparagraphs (i) and (ii) of this\nparagraph shall not apply.\n  (c) Unless provided otherwise in an agreement with the lender, if a\nmuseum applies conservation measures to property under paragraph (a) of\nthis subdivision, and provided that the measures were not required as a\nresult of such museum's own action or inaction, such museum shall\nacquire a lien on the property in the amount of the costs incurred by\nsuch museum, including, but not limited to, the cost of labor and\nmaterials, and shall not be liable for injury to or loss of the\nproperty, provided that such museum:\n  (i) had a reasonable belief at the time when the action was taken that\nthe action was necessary to protect the property on loan or otherwise in\nthe custody of the museum or that such property on loan was a hazard to\nthe health and safety on the public or the museum staff; and\n  (ii) exercised reasonable care in the choice and application of\nconservation measures.\n  12. A lender shall promptly notify a museum, in writing, of any change\nof address or change in the ownership of property on loan to such\nmuseum.\n  13. The museum shall maintain or continue to maintain, as the case may\nbe and to the extent such information is reasonably available, a record\nof acquisition, whether by purchase, bequest, gift, loan or otherwise,\nof property for display or collection and of deaccessioning or loan of\nproperty currently held or thereafter acquired for display or\ncollection. Any such record shall:\n  (a) state the name, address, and telephone number of the person from\nwhom such property was acquired, or to whom such property was\ntransferred by deaccessioning or loan, and a description of such\nproperty, its location, if known, and the terms of the acquisition or\ndeaccessioning or loan, including any restrictions as to its use or\nfurther disposition, and any other material facts about the terms and\nconditions of the transaction, which records shall be updated if a\nlender informs the museum of a change in address, ownership of the\nproperty or other relevant information, or if the lender and museum\nnegotiate a change in the terms of the transaction;\n  (b) include a copy of any document of conveyance relating to the\nacquisition or deaccessioning or loan of such property and all notices\nand other documents prepared or received by the museum; and\n  (c) in the case of property acquired pursuant to this section, include\nrecords documenting the search for the identity and last known address\nof the lender, and copies of all notices and other documents prepared or\nreceived by the museum in connection with the acquisition of title to\nsuch property.\n  14. Nothing in this section shall limit the ability of a lender and\nmuseum to bind themselves to different loan provisions by written\nagreement, nor shall this section abrogate rights and obligations of a\nlender or museum pursuant to a written agreement.\n  15. Every museum which has on display any identifiable works of art\nknown to have been created before nineteen hundred forty-five and which\nchanged hands due to theft, seizure, confiscation, forced sale or other\ninvoluntary means in Europe during the Nazi era (nineteen hundred\nthirty-three--nineteen hundred forty-five) shall, to the extent\npracticable, prominently place a placard or other signage acknowledging\nsuch information along with such display.\n
N.Y. PBG Law § 402-D — New York Code / Act PBG / Article 13 / Title 1 / Section 402-D
The governor may issue an executive order, pursuant to article two-B of the executive law and subject to the availability of a state appr...
Status: in_force

§ 402-d. The governor may issue an executive order, pursuant to\narticle two-B of the executive law and subject to the availability of a\nstate appropriation, which shall govern the examination and remediation\nof conditions, including the construction or reconstruction as may be\nrequired, of residential properties owned by the authority and the\ndevelopment and execution of a plan to remediate such conditions.\n
N.Y. EDN Law § 475 — New York Code / Act EDN / Title 1 / Article 10-B / Section 475
Short title
Status: in_force

§ 475. Short title.  This article may be cited as the "City of Yonkers\nEducational Construction Fund Act".\n
N.Y. ELD Law § 213 — New York Code / Act ELD / Article 2 / Title 1 / Section 213
Reports
Status: in_force

§ 213. Reports. 1. The office shall from time to time report to the\ngovernor, and shall make an annual report to the governor and\nlegislature.\n  2. Such annual report shall:\n  (a) Describe the progress, problems and other matters related to the\nprovision of services to older persons by programs administered by the\noffice including, but not limited to the federal older Americans act of\n1965, the community services for the aging program and the recreation\nprogram for the elderly;\n  (b) Assess the effectiveness of the community services for aging\nprogram pursuant to section two hundred fourteen of this title in\ncoordinating and improving the local delivery of services to the\nelderly; and\n  (c) Include recommendations for expanding or replicating service\nprograms that have been determined effective in helping needy elderly\nremain in the community and to avoid institutional care, including\nrecommendations for traditionally underserved aged populations,\nincluding, but not limited to, populations based on race, creed, color,\nnational origin, sexual orientation, gender identity or expression,\nmilitary status, sex, marital status, disability, familial status, and\nlanguage; and\n  (d) Assess the progress, problems, and effectiveness of the provisions\nof services to older persons by programs administered by the office\ndelivered to traditionally underserved populations, including but not\nlimited to, aged populations based on actual or perceived race, creed,\ncolor, national origin, sexual orientation, gender identity or\nexpression, military status, sex, marital status, disability, familial\nstatus, language, or people who are associated with an individual who is\nor is perceived to be a member of any of these traditionally underserved\npopulations.\n  3. Such annual report shall also present in quantitative, as well as\nin qualitative, terms, a report on the quality of life of the aged in\nour state, including:\n  (a) A report on the impact of inflation on the aged.\n  (b) A report on mortality trends in the upper age brackets, including\nchronic disease trends among older persons.\n  (c) A report on crime trends impacting on the aged.\n  (d) A report on the numbers of elderly living in substandard housing,\nnumbers of new housing facilities for the aged in public, non-profit or\nlimited profit housing.\n  (e) A report on coverage of the aged in the state by various public\nsocial security programs, pension plans, private retirement plans, and\nassistance programs.\n  (f) A report on unemployment and employment of older persons,\nincluding prevalence of age discrimination in the labor market and\nefforts to provide education, information, and recommendations for\nlegislation, trends toward early or later retirement, duration of\nunemployment by age groupings, self-employment and partial employment of\nolder persons.\n  (g) A report on the hot meal program within the state, including costs\nper meal, number of aged served, as well as a report on the\nmeals-on-wheels program.\n  (h) A report on the recreational services for the aged, including\nnumbers of senior centers and clubs, membership and programming\nprovided.\n  (i) A report on the extent to which the aged are provided adult\neducation courses in public schools or are attending college courses.\n  (j) A report on institutionalization of aged, including trends in\nmental hospitals, skilled nursing homes, health related facilities,\nadult homes, including length of stay, costs, occupancy rates, extent to\nwhich local communities are providing care for institutionally released\naged.\n  (k) A report on the specific needs of traditionally underserved aged\npopulations, including, but not limited to, populations based on actual\nor perceived race, creed, color, national origin, sexual orientation,\ngender identity or expression, military status, sex, marital status,\ndisability, familial status, and language.\n  (l) A report on the number of older adults who are primary caregivers\nor guardians of minors including prevalence by age range, circumstances\nthat lead to older adults becoming primary caregivers or guardians to\nminors, an analysis of what services are available through the office\nand other state agencies to assist these older adult primary caregivers\nand guardians, and recommendations regarding support for older adults\nwho are primary caregivers or guardians for minor children.\n  (m) A report on substance use disorders among older adults including\nprevalence of substance use disorders, what programs and services are\navailable from or in conjunction with the office, an analysis of what\nservices are needed to assist older adults dealing with substance use\ndisorders, and recommendations regarding how the office can assist and\nparticipate in efforts to assist older adults dealing with substance use\ndisorders.\n  4. The legislature hereby declares that, as a matter of state policy,\ncaring services and programs for seniors should be shaped by the\nprinciples of strengthening independence, affirming dignity, and\nmaximizing choice, and a recognition that seniors and their families and\nintimates provide a vast potential source of social, cultural, historic,\nand spiritual enrichment and leadership.\n  The office shall enunciate these principles in the form of a bill of\nrights for seniors, and shall, in addition to any other report required\nby this section, report annually, not later than June first of each\nyear, on the progress being made in their advancement by state agencies\nand local governments in the development and operation of programs for\nseniors. Such report shall discuss progress in the following principles\nwith respect to programs for seniors:\n  (a) Seniors needing long term care in an institution or in an\nappropriate community-based alternative should be able to obtain such\ncare at an affordable cost in a timely manner from reliable and\nresponsible providers who can provide choices that meet the preferences\nof these seniors, and who have the capacity to provide a smooth\ntransition to other forms of long term care when appropriate. Such\nprograms should, whenever possible, provide a continuum of quality\nhealth care, either within a single institution, or through a consortium\nof providers.\n  (b) Public policy should affirm seniors' desire to maintain a high\nquality of life by living with dignity in their own communities, by\nsupporting the efforts of informal caregivers such as family, friends\nand neighbors who provide eighty percent of all personal care and\nassistance to seniors.\n  (c) A goal of policy and programs in New York should be to help\nseniors obtain or maintain affordable and secure housing that allows\nthem to age in place in their own communities with supportive assistance\nand access to health related services in a manner that ameliorates\nproblems of income, changes in family structure, health, threats to\npersonal safety, and architectural and structural inadequacies.\n  (d) Programs intended to offset excessive health care and prescription\ndrug costs for seniors, and to make health care, particularly wellness\nand prevention programs, more affordable, should be designed to expand\nchoice and promote ease of access for seniors rather than to simply\nprovide ease of management and control for bureaucrats and program\nmanagers.\n  (e) State and local policies and program guidelines should support the\nmost creative and flexible approaches to providing care for seniors, so\nas to promote and sustain the autonomy and mobility of seniors, and to\ntap their potential to enrich their communities.\n  (f) Seniors should be able to continue their productive lives in the\ncommunity of New York without fear of discrimination based on age, and\npublic policy should seek means of increasing opportunities for\ncontribution from these respected members of our community by supporting\nand encouraging a healthy social environment that enables seniors to\ncontinue their productive lives if they wish, that affirms and\nencourages their ability to achieve financial security, and that works\nto preserve their dignity, safety, and independence.\n  (g) Public programs should promote personal security for seniors,\nencourage personal responsibility of their families and intimates, and\nrecognize and build on the interdependence of all generations and the\ndiversity of our population.\n  (h) Public investment in programs providing health care and other\nsocial help for seniors should be provided at a level which supports\npublic mandates with respect to these programs.\n  (i) No declaratory relief, injunctive remedy or monetary liability\nagainst the state of New York or any political subdivision thereof, or\nany public or private entity, domiciled or doing business in the state\nof New York, or any employee or officer thereof, shall be created or\ngranted based upon the principles set forth in this subdivision, or upon\nthe enunciation of said principles to be made by the office pursuant\nthereto. No claim for contribution or indemnification shall be created\nbased upon this subdivision. No assignment of claim shall be prosecuted\nbased upon this subdivision.\n  (j) Existing powers of the office for the aging shall not be changed\nby this subdivision.\n  * 5. Every state department, bureau, or agency or office shall\ncooperate to the fullest extent possible in providing such data as the\noffice may need to assemble such reports, including recommendations by\nthe director to the governor and legislature.\n  * NB Amended Ch. 640/2004 §1, language juxtaposed per Ch. 642/2004 §12\n
N.Y. EDN Law § 239-A — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 239-A
Collection and distribution of student's residual consumer goods
Status: in_force

§ 239-a. Collection and distribution of student's residual consumer\ngoods. 1. For purposes of this section, the following terms shall have\nthe following meanings:\n  a. "consumer goods" shall mean goods that are used or bought for use\nprimarily for personal, family or household purposes including, but not\nlimited to, home furnishings, canned and non-perishable foods,\nfactory-sealed and/or originally-packaged toiletries, clothing,\ncookware, and electronics.\n  b. "university" and "college" shall have the same meaning as set forth\nin section two of this title.\n  c. "city university" shall have the same meaning as set forth in\nsection sixty-two hundred two of this chapter.\n  2. The administration of the individual state and city universities\nand colleges and every public or private college, community college or\nuniversity within the state, are hereby authorized to facilitate a\ncampus-wide charitable donation program for local area not-for-profit\norganizations utilizing students' residual consumer goods. The\nadministration:\n  a. shall designate a collection area for students to drop-off their\nunused or surplus goods two weeks before the end of the school year;\n  b. shall either develop a direct donation program of the residual\nconsumer goods or organize a charitable event to collect residual\nconsumer goods and donate such goods to local not-for-profit\norganizations; and\n  c. may involve student organizations for the implementation of the\nprogram.\n  3. The consumer goods collected:\n  a. shall be from those college students residing in campus-related\nresidential facilities;\n  b. shall be consumer goods that would be discarded at the end of the\nschool year by college students;\n  c. shall be in useable and good working condition.\n  4. In the event that there is no viable local not-for-profit\norganization able to accept the residential consumer goods collected,\nthe administration of the individual state or city university or college\nor public or private college, community college or university within the\nstate may organize a campus-wide sale of such goods. The profits of such\nsale may be dedicated by the student organizations or by the individual\nstate or city university or college or public or private college,\ncommunity college or university facilitating the program to a local\nnot-for-profit organization.\n  5. The administration of any individual state or city university or\ncollege or public or private college, community college or university\nmay grant credit to student members of organizations involved with the\nprogram, pursuant to subdivision two of this section, in the amount and\nform that such administration deems appropriate.\n
N.Y. ENV Law § 13-0105 — New York Code / Act ENV / Article 13 / Title 1 / Section 13-0105
Marine fisheries conservation and management
Status: in_force

§ 13-0105. Marine fisheries conservation and management.\n  1. (a) It is the policy of the state that the primary principle in\nmanaging the state's marine fishery resource is to maintain the\nlong-term health and abundance of marine fisheries resources and their\nhabitats, and to ensure that the resources are sustained in usable\nabundance and diversity for future generations. Utilization and\nallocation of available resources will be administered consistent with\nthe restoration and maintenance of healthy stocks and habitats. The\nstate shall actively manage its marine fisheries and shall endeavor to:\nprotect and conserve habitats; restore habitats in areas where they have\nbeen degraded; and maintain water quality at a level that will foster\noccurrence and abundance of marine resources. The state shall optimize\nthe benefits of resource use so as to provide valuable recreational\nexperiences and viable business opportunities for commercial and\nrecreational fisheries.\n  (b) The marine fisheries conservation and management policy shall be\ncarried out through achievement of the following objectives:\n  (1) the state shall strive to obtain the best possible scientific\ninformation through research and monitoring of the resources;\n  (2) the state shall use the best available scientific information in\nmanaging the resources;\n  (3) the state recognizes that an informed public is integral to the\nmanagement system and shall inform and involve constituents in\nmanagement decisions;\n  (4) the management of the state's transboundary and migratory species\nshall be consistent with any interjurisdictional management plans,\ninterstate or state-federal;\n  (5) in the event that fishery conservation and management require\nactions that result in resource allocation impacts, the state shall\nendeavor to assure such allocation impacts are distributed equitably\namong user groups, giving priority to existing fisheries within the\nstate;\n  (6) the state shall minimize waste and reduce discard mortality of\nmarine fishery resources;\n  (7) the state shall investigate and encourage the development of\naquaculture of economically important species, both to relieve pressure\non and enhance wild stocks and to provide economic opportunity;\n  (8) the state shall encourage and, when feasible, provide access to\nthe state's marine fishery resources consistent with marine fisheries\nconservation and management policy; and\n  (9) the state recognizes that adequate law enforcement services are\nintegral to the success of any marine resource management program and\nshall endeavor to provide the necessary law enforcement services to\nensure the protection of the resources and compliance of users with laws\nand regulations designed to manage and allocate those resources.\n  2. Prior to proposing regulations for the management of marine fish,\nmollusks (Phylum mollusca) or crustaceans (Class crustacea) found in the\nmarine and coastal district, the department shall identify recreational\nand commercial fisheries interests which may be affected by the proposed\nregulations and directly consult with such interests.  Such consultation\nmay include, as appropriate, the conduct of meetings with invited\nrepresentatives of fisheries interests, public information meetings,\npublic hearings, direct mailings of information and public comment\nsolicitations, and publication of proposals and comment solicitations in\ntrade publications, and other measures. Such consultation shall include\na meeting with the marine resources advisory council. No consultation\nshall be required prior to proposing emergency regulations.\n  3. (a) In reviewing proposed regulations, the council may request\ncomments from harvesters of marine fisheries and the commercial and\nrecreational fishing industries.\n  (b) The council shall express its advice to the department as the\nresult of a vote of the membership on a recommendation that the proposed\nregulations be adopted, not adopted, or adopted with specified\nrevisions.\n  (c) In making its final decision on such regulations, the department\nshall be guided by the recommendations of the marine resources advisory\ncouncil and, consistent with the marine fisheries conservation and\nmanagement policy set forth in subdivision one of this section and the\nrequirements of subparagraph three of paragraph (b) of subdivision one\nof this section, shall endeavor to incorporate such recommendations in\nthe final rulemaking. The department's assessment of public comment\npublished in the state register shall set forth the council's\nrecommendations and an explanation of the department's final decision in\nregard to such recommendations and the requirements of this section.\n
N.Y. VAT Law § 121-D — New York Code / Act VAT / Title 1 / Article 1 / Section 121-D
Leased vehicle
Status: in_force

§ 121-d. Leased vehicle. A vehicle owned by a person engaged in the\nbusiness of renting or leasing vehicles which is rented or leased\nwithout a driver to a person other than the owner and is registered\neither in the name of the lessee or renter, or in the name of the owner,\nin a format prescribed by the commissioner.\n
N.Y. SOS Law § 390 — New York Code / Act SOS / Article 6 / Title 1 / Section 390
Child day care; license or registration required
Status: in_force

§ 390. Child day care; license or registration required. 1.\nDefinitions.  (a) (i) "Child day care" shall mean child care where a\nlicense or registration pursuant to this section is required and shall\ninclude care for a child on a regular basis provided away from the\nchild's residence for less than twenty-four hours per day by someone\nother than: (1) the parent, step-parent, guardian, or relative within\nthe third degree of consanguinity of the parents or step-parents of such\nchild; or (2) an enrolled legally-exempt provider as such term is\ndefined in paragraph (g) of this subdivision.\n  (ii) Child day care shall not refer to care provided in:\n  (A) a day camp, as defined in the state sanitary code;\n  (B) an after-school program operated for the purpose of religious\neducation, sports, or recreation;\n  (C) a facility:\n  (1) providing day services under an operating certificate issued by\nthe department;\n  (2) providing day treatment under an operating certificate issued by\nthe office of mental health or the office for people with developmental\ndisabilities; or\n  (D) a kindergarten, pre-kindergarten, or nursery school for children\nthree years of age or older, or after-school program for children\noperated by a public school district or by a private school or academy\nwhich is providing elementary or secondary education or both, in\naccordance with the compulsory education requirements of the education\nlaw, provided that the kindergarten, pre-kindergarten, nursery school,\nor after school program is located on the premises or campus where the\nelementary or secondary education is provided. Provided however, a\nkindergarten or a pre-kindergarten operated by a public school district\nshall not be considered a child day care if the kindergarten or\npre-kindergarten is not located on the premises or campus where the\nelementary or secondary education is provided.\n  (b) "Child day care provider" shall mean any individual, association,\ncorporation, partnership, institution or agency whose activities include\nproviding child day care or operating a home or facility where child day\ncare is provided.\n  (c) "Child day care center" shall mean any program or facility caring\nfor children for more than three hours per day per child in which child\nday care is provided by a child day care provider except those programs\noperating as a group family day care home as such term is defined in\nparagraph (d) of this subdivision, a family day care home, as such term\nis defined in paragraph (e) of this subdivision, and a school-age child\ncare program, as such term is defined in paragraph (f) of this\nsubdivision.\n  (d) "Group family day care home" shall mean a program caring for\nchildren for more than three hours per day per child in which child day\ncare is provided in a family home for seven to twelve children of all\nages, except for those programs operating as a family day care home, as\nsuch term is defined in paragraph (e) of this subdivision, which care\nfor seven or eight children. A group family day care provider may\nprovide child day care services to four additional children if such\nadditional children are of school age and such children receive services\nonly before or after the period such children are ordinarily in school\nor during school lunch periods, or school holidays, or during those\nperiods of the year in which school is not in session. There shall be\none caregiver for every two children under two years of age in the group\nfamily home. A group family day care home must have at least one\nassistant to the operator present when child day care is being provided\nto seven or more children when none of the children are school age, or\nnine or more children when at least two of the children are school age\nand such children receive services only before or after the period such\nchildren are ordinarily in school or during school lunch periods, or\nschool holidays, or during those periods of the year in which school is\nnot in session. This assistant shall be selected by the group family day\ncare operator and shall meet the qualifications established for such\nposition by the regulations of the office of children and family\nservices.\n  (e) "Family day care home" shall mean a program caring for children\nfor more than three hours per day per child in which child day care is\nprovided in a family home for three to six children. There shall be one\ncaregiver for every two children under two years of age in the family\nday care home. A family day care provider may, however, care for seven\nor eight children at any one time if no more than six of the children\nare less than school age and the school-aged children receive care\nprimarily before or after the period such children are ordinarily in\nschool, during school lunch periods, on school holidays, or during those\nperiods of the year in which school is not in session in accordance with\nthe regulations of the office of children and family services and the\noffice inspects such home to determine whether the provider can care\nadequately for seven or eight children.\n  (f) "School age child care" shall mean a program caring for more than\nsix school-aged children who are under thirteen years of age or who are\nincapable of caring for themselves. Such programs shall be in operation\nconsistent with the local school calendar. School age child care\nprograms shall offer care during the school year to an enrolled group of\nchildren at a permanent site before or after the period children\nenrolled in such program are ordinarily in school or during school lunch\nperiods and may also provide such care on school holidays and those\nperiods of the year in which school is not in session.\n  (g) "Enrolled legally exempt provider" shall mean a person who is a\ncaregiver or entity that is not required to be licensed or registered\npursuant to this section and that is enrolled to be a caregiver and\nprovide subsidized child care services to eligible families in\naccordance with title five-C of this article and the regulations of the\noffice of children and family services.\n  2. * (a) Child day care centers caring for seven or more children and\ngroup family day care programs, as defined in subdivision one of this\nsection, shall obtain a license from the office of children and family\nservices and shall operate in accordance with the terms of such license\nand the regulations of such office. Initial licenses and subsequent\nlicenses shall be valid for a period of up to four years so long as the\nprovider remains substantially in compliance with applicable law and\nregulations during such period.\n  * NB Effective until June 5, 2027\n  * (a) Child day care centers caring for seven or more children and\ngroup family day care programs, as defined in subdivision one of this\nsection, shall obtain a license from the office of children and family\nservices and shall operate in accordance with the terms of such license\nand the regulations of such office. Initial licenses and subsequent\nlicenses shall be valid for a period of up to six years so long as the\nprovider remains substantially in compliance with applicable law and\nregulations during such period.\n  * NB Effective June 5, 2027\n  (b) Family day care homes, child day care centers caring for at least\nthree but fewer than seven children, and school-age child care programs\nshall register with the department and shall operate in compliance with\nthe regulations of the department.\n  (c) Any child day care provider not required to obtain a license\npursuant to paragraph (a) of this subdivision or to register with the\ndepartment pursuant to paragraph (b) of this subdivision may register\nwith the department.\n  (d) (i) The office of children and family services shall promulgate\nregulations for licensure and for registration of child day care\npursuant to this section. Procedures for obtaining a license or\nregistration or renewing a license shall include a satisfactory\ninspection of the facility by the office of children and family services\nprior to issuance of the license or registration or renewal of the\nlicense.\n  (ii) * (A) Initial registrations and subsequent registrations shall be\nvalid for a period of up to four years so long as the provider remains\nsubstantially in compliance with applicable law and regulations during\nsuch period.\n  * NB Effective until June 5, 2027\n  * (A) Initial registrations and subsequent registrations shall be\nvalid for a period of up to six years so long as the provider remains\nsubstantially in compliance with applicable law and regulations during\nsuch period.\n  * NB Effective June 5, 2027\n  (B) After initial registration by the child day care provider, the\noffice of children and family services shall not accept any subsequent\nregistration by such provider, unless:\n  (1) such provider has met the training requirements set forth in\nsection three hundred ninety-a of this title;\n  (2) such provider has met the requirements of section three hundred\nninety-b of this title relating to criminal history screening;\n  (3) such provider has complied with the requirements of section four\nhundred twenty-four-a of this article; and\n  (4) the office of children and family services has received no\ncomplaints about the home, center, or program alleging statutory or\nregulatory violations, or, having received such complaints, the office\nof children and family services has determined, after inspection\npursuant to paragraph (a) of subdivision three of this section, that the\nhome, center, or program is operated in compliance with applicable\nstatutory and regulatory requirements.\n  (C) Where the office of children and family services has determined\nthat a registration should not be continued because the requirements of\nclause (B) of this subparagraph have not been satisfied, the office of\nchildren and family services may terminate the registration. If the\noffice of children and family services does not terminate the\nregistration, the office of children and family services shall inspect\nthe home or program before acknowledging any subsequent registration.\nWhere the home or program has failed to meet the requirements of this\nsection, the office of children and family services may reject any\nsubsequent registration of a provider. Nothing herein shall prohibit the\noffice of children and family services from terminating or suspending\nregistration pursuant to subdivision ten of this section where the\noffice of children and family services determines that termination or\nsuspension is necessary.\n  (iv) Child day care providers who have been issued a license shall\nopenly display such license in the facility or home for which the\nlicense is issued. Child day care providers who have registered with the\ndepartment shall provide proof of registration upon request.\n  (d-1) (i) The office of children and family services shall promulgate\nregulations for inspections of enrolled legally exempt providers, which\nshall include the completion of a satisfactory inspection of the\npremises where care is to be provided, by the office of children and\nfamily services.\n  (ii) Provided however, unless a complaint is made in or as otherwise\nauthorized such inspections shall not be required when the enrolled\nlegally exempt provider is an individual, age eighteen or older, and\nwho, by virtue of blood, marriage or court decree, is, to all of the\nchildren that such person is enrolled to provide subsidized child care\nservices to in accordance with title five-C of this article:\n  (A) a grandparent;\n  (B) a great-grandparent;\n  (C) a sibling, provided that such sibling resides in a separate\nhousehold from the child;\n  (D) an aunt; or\n  (E) an uncle.\n  (e) Notwithstanding any other provision of this section, where a child\nis cared for by a parent, guardian or relative within the third degree\nof consanguinity of the parent of such child and such person\nsimultaneously provides child day care for other children, only the\nother children shall be considered in determining whether such person\nmust be registered or licensed, provided that such person is not caring,\nin total, for more than eight children.\n  2-a. (a) The office of children and family services shall promulgate\nregulations which establish minimum quality program requirements for\nlicensed and registered child day care homes, programs and facilities.\nSuch requirements shall include but not be limited to (i) the need for\nage appropriate activities, materials and equipment to promote\ncognitive, educational, social, cultural, physical, emotional, language\nand recreational development of children in care in a safe, healthy and\ncaring environment (ii) principles of childhood development (iii)\nappropriate staff/child ratios for family day care homes, group family\nday care homes, school age day care programs and day care centers (iv)\nappropriate levels of supervision of children in care (v) minimum\nstandards for sanitation, health, infection control, nutrition,\nbuildings and equipment, safety, security procedures, first aid, fire\nprevention, fire safety, evacuation plans and drills, prevention of\nchild abuse and maltreatment, staff qualifications and training, record\nkeeping, and child behavior management.\n  (b) The use of electronic monitors as a sole means of supervision of\nchildren in day care shall be prohibited, except that electronic\nmonitors may be used in family day care homes and group family day care\nhomes as an indirect means of supervision where the parents of any child\nto be supervised have agreed in advance to the use of such monitors as\nan indirect means of supervision and the use of such monitors is\nrestricted to situations where the children so supervised are sleeping.\n  (c) No child less than six weeks of age may be cared for by a licensed\nor registered day care provider, except in extenuating circumstances\nwhere prior approval for care of such children has been given by the\noffice of children and family services. Extenuating circumstances for\nthe purposes of this section shall include but not be limited to the\nmedical or health needs of the parent or child, or the economic hardship\nof the parent.\n  3. (a) The office of children and family services may make announced\nor unannounced inspections of the records and premises of any child care\nprovider, whether or not such provider has a license from, or is\nregistered with, the office of children and family services. The office\nof children and family services shall make unannounced inspections of\nthe records and premises of any child day care provider within fifteen\ndays after the office of children and family services receives a\ncomplaint that, if true, would indicate such provider does not comply\nwith the applicable regulations of the office of children and family\nservices or with statutory requirements. If the complaint indicates that\nthere may be imminent danger to the children, the office of children and\nfamily services shall investigate the complaint no later than the next\nday of operation of the provider. The office of children and family\nservices may provide for inspections through the purchase of services.\n  (b) (i) Where inspections have been made and violations of applicable\nstatutes or regulations have been found, the office of children and\nfamily services shall within ten days advise the child day care provider\nin writing of the violations and require the provider to correct such\nviolations. The office of children and family services may also act\npursuant to subdivisions ten and eleven of this section.\n  (ii) Where inspections have been made and violations of applicable\nstatutes or regulations have been found, the office of children and\nfamily services or its designee shall, within ten days, advise the\nenrolled legally-exempt provider in writing of the violations and\nrequire the provider to correct such violations.\n  (c) (i) The office of children and family services shall establish a\ntoll-free statewide telephone number to receive inquiries about child\nday care homes, programs and facilities and complaints of violations of\nthe requirements of this section or regulations promulgated under this\nsection. The office of children and family services shall develop a\nsystem for investigation, which shall include inspection, of such\ncomplaints. The office of children and family services may provide for\nsuch investigations through purchase of services. The office of children\nand family services shall develop a process for publicizing such\ntoll-free telephone number to the public for making inquiries or\ncomplaints about child day care homes, programs or facilities.\n  (ii) Information to be maintained and available to the public through\nsuch toll-free telephone number shall include, but not be limited to:\n  (A) current license and registration status of child day care homes,\nprograms and facilities including whether a license or registration is\nin effect or has been revoked or suspended; and\n  (B) child care resource and referral programs providing services\npursuant to title five-B of this article and other resources known to\nthe office of children and family services which relate to child day\ncare homes, programs and facilities in the state.\n  (iii) Upon written request identifying a particular child day care\nhome, program or facility, the office of children and family services\nshall provide the information set forth below. The office of children\nand family services may charge reasonable fees for copies of documents\nprovided, consistent with the provisions of article six of the public\nofficers law. The information available pursuant to this clause shall\nbe:\n  (A) the results of the most recent inspection for licensure or\nregistration and any subsequent inspections by the office of children\nand family services;\n  (B) complaints filed against child day care homes, programs or\nfacilities which describes the nature of the complaint and states how\nthe complaint was resolved, including the status of the office of\nchildren and family services investigation, the steps taken to rectify\nthe complaint, and the penalty, if any, imposed; and\n  (C) child day care homes, programs or facilities which have requested\nor received a waiver from any applicable rule or regulation, and the\nregulatory requirement which was waived.\n  (iv) Nothing in this paragraph shall be construed to require or permit\nthe disclosure either orally or in writing of any information that is\nconfidential pursuant to law.\n  (d) Where investigation or inspection reveals that a child day care\nprovider which must be licensed or registered is not, the office of\nchildren and family services shall advise the child day care provider in\nwriting that the provider is in violation of the licensing or\nregistration requirements and shall take such further action as is\nnecessary to cause the provider to comply with the law, including\ndirecting an unlicensed or unregistered provider to cease operation. In\naddition, the office of children and family services shall require the\nprovider to notify the parents or guardians of children receiving care\nfrom the provider that the provider is in violation of the licensing or\nregistration requirements and shall require the provider to notify the\noffice of children and family services that the provider has done so.\nAny provider who is directed to cease operations pursuant to this\nparagraph shall be entitled to a hearing before the office of children\nand family services. If the provider requests a hearing to contest the\ndirective to cease operations, such hearing must be scheduled to\ncommence as soon as possible but in no event later than thirty days\nafter the receipt of the request by the office of children and family\nservices. The provider may not operate the center, home or program after\nbeing directed to cease operations, regardless of whether a hearing is\nrequested. If the provider does not cease operations, the office of\nchildren and family services may impose a civil penalty pursuant to\nsubdivision eleven of this section, seek an injunction pursuant to\nsection three hundred ninety-one of this title, or both.\n  (e) (i) Where an authorized agency is subsidizing child day care\npursuant to any provision of this chapter, the authorized agency may\nsubmit to the department justification for a need to impose additional\nrequirements upon child day care providers and a plan to monitor\ncompliance with such additional requirements. No such additional\nrequirements or monitoring may be imposed without the written approval\nof the department.\n  (ii) An authorized agency may refuse to allow a child day care\nprovider who is not in compliance with this section and regulations\nissued hereunder or any approved additional requirements of the\nauthorized agency to provide child day care to the child. In accordance\nwith the plan approved by the department, an authorized agency shall\nhave the right to make announced or unannounced inspections of the\nrecords and premises of any provider who provides care for such\nchildren, including the right to make inspections prior to subsidized\nchildren receiving care in a home where the inspection is for the\npurpose of determining whether the child day care provider is in\ncompliance with applicable law and regulations and any additional\nrequirements imposed upon such provider by the authorized agency. Where\nan authorized agency makes such inspections, the authorized agency shall\nnotify the department immediately of any violations of this section or\nregulations promulgated hereunder, and shall provide the department with\nan inspection report whether or not violations were found, documenting\nthe results of such inspection.\n  (iii) Nothing contained in this paragraph shall diminish the authority\nof the department to conduct inspections or provide for inspections\nthrough purchase of services as otherwise provided for in this section.\nNothing contained in this paragraph shall obligate the department to\ntake any action to enforce any additional requirements imposed on child\nday care providers by an authorized agency.\n  (f) Individual local social services districts may alter their\nparticipation in activities related to arranging for, subsidizing,\ndelivering and monitoring the provision of subsidized child day care\nprovided, however, that the total participation of an individual\ndistrict in all activities related to the provision of subsidized child\nday care shall be no less than the participation level engaged in by\nsuch individual district on the effective date of this section.\n  4. (a) The office of children and family services on an annual basis\nshall inspect all child day care programs and all enrolled\nlegally-exempt providers except when such provider is determined to be\nexempt in accordance with subparagraph (ii) of paragraph (d-one) of\nsubdivision two of this section. The office of children and family\nservices may provide for such inspections through purchase of services.\n  (b) Any family day care home or school-age child care program\nlicensed, registered, or certified by the department or by any\nauthorized agency on the effective date of this section shall be deemed\nregistered until the expiration of its then-current license or\ncertificate unless such license or certificate is suspended or revoked\npursuant to subdivision ten of this section. Family day care homes and\nschool-age child care programs not licensed, registered, or certified on\nthe effective date of this section shall register pursuant to\nsubdivision two of this section.\n  5. Child day care providers required to have a license from the\ndepartment or to be registered with the department pursuant to this\nsection shall not be exempt from such requirement through registration\nwith another state agency, or certification, registration, or licensure\nby any local governmental agency or any authorized agency.\n  5-a. The office of children and family services shall provide, upon\nrequest, all applications and forms necessary to become a licensed or\nregistered child day care provider in English, French, Polish, or any of\nthe ten most common non-English languages spoken by individuals with\nlimited-English proficiency in the state of New York, based on United\nStates census data.\n  6. Unless otherwise limited by law, a parent with legal custody or a\nlegal guardian of any child in a child day care program shall have\nunlimited and on demand access to such child or ward. Such parent or\nguardian unless otherwise limited by law, also shall have the right to\ninspect on demand during its hours of operation any area of a child day\ncare center, group family day care home, school-age child care program,\nor family day care home to which the child or ward of such parent or\nguardian has access or which could present a hazard to the health and\nsafety of the child or ward.\n  7. (a) The department shall implement on a statewide basis programs to\neducate parents and other potential consumers of child day care programs\nabout their selection and use. The department may provide for such\nimplementation through the purchase of services. Such education shall\ninclude, but not be limited to, the following topics:\n  (i) types of child day care programs;\n  (ii) factors to be considered in selecting and evaluating child day\ncare programs;\n  (iii) regulations of the department governing the operation of\ndifferent types of programs;\n  (iv) rights of parents or guardians in relation to access to children\nand inspection of child day care programs;\n  (v) information concerning the availability of child day care\nsubsidies;\n  (vi) information about licensing and registration requirements;\n  (vii) prevention of child abuse and maltreatment in child day care\nprograms, including screening of child day care providers and employees;\n  (viii) tax information; and\n  (ix) factors to be considered in selecting and evaluating child day\ncare programs when a child needs administration of medications during\nthe time enrolled.\n  (b) The department shall implement a statewide campaign to educate the\npublic as to the legal requirements for registration of family day care\nand school-age child care, and the benefits of such registration. The\ndepartment may provide for such implementation through the purchase of\nservices. The campaign shall:\n  (i) use various types of media;\n  (ii) include the development of public educational materials for\nfamilies, family day care providers, employers and community agencies;\n  (iii) explain the role and functions of child care resource and\nreferral programs, as such term is used in title five-B of this article;\n  (iv) explain the role and functions of the department in regard to\nregistered programs; and\n  (v) publicize the department's toll-free telephone number for making\ncomplaints of violations of child day care requirements related to\nprograms which are required to be licensed or registered.\n  (c) The office of children and family services shall implement a\nstatewide campaign to educate parents and other consumers of child day\ncare programs about adverse childhood experiences, the importance of\nprotective factors, and the availability of services for children at\nrisk for or experiencing adverse childhood experiences as defined in\nparagraph (c) of subdivision one of section twenty-d of this chapter.\nSuch statewide campaign, shall include but is not limited to, providing\nall licensed, registered and enrolled child care providers with\neducational materials developed pursuant to subdivision two of section\nthree hundred seventy-c of this chapter. The educational materials may\nbe made available electronically and shall be offered to parents and\nother consumers at the time of enrollment.\n  8. The department shall establish and maintain a list of all current\nregistered and licensed child day care programs and a list of all\nprograms whose license or registration has been revoked, rejected,\nterminated, or suspended. Such information shall be available to the\npublic, pursuant to procedures developed by the department.\n  8-a. The office of children and family services shall not make\navailable to the public online any group family day care home provider's\nor family day care provider's home street address or map showing the\nlocation of such provider's home where such provider has requested to\nopt out of the online availability of this information. The office shall\nprovide a written form informing a provider of their right to opt out of\nproviding information online, and shall also permit a provider to\nrequest to opt out through the office's website.\n  9. The department shall make available, directly or through purchase\nof services, to registered child day care providers information\nconcerning:\n  (a) liability insurance;\n  (b) start-up grants;\n  (c) United States department of agriculture food programs;\n  (d) subsidies available for child day care;\n  (e) tax information; and\n  (f) support services required to be provided by child care resource\nand referral programs as set forth in subdivision three of section four\nhundred ten-r of this article.\n  10. Any home or facility providing child day care shall be operated in\naccordance with applicable statutes and regulations. Any violation of\napplicable statutes or regulations shall be a basis to deny, limit,\nsuspend, revoke, or terminate a license or registration. Consistent with\narticles twenty-three and twenty-three-A of the correction law, and\nguidelines referenced in subdivision two of section four hundred\ntwenty-five of this article, if the office of children and family\nservices is made aware of the existence of a criminal conviction or\npending criminal charge concerning an operator of a family day care\nhome, group family day care home, school-age child care program, or\nchild day care center or concerning any assistant, employee or volunteer\nin such homes, programs or centers, or any persons age eighteen or over\nwho reside in such homes, such conviction or charge may be a basis to\ndeny, limit, suspend, revoke, reject, or terminate a license or\nregistration. Before any license issued pursuant to the provisions of\nthis section is suspended or revoked, before registration pursuant to\nthis section is suspended or terminated, or when an application for such\nlicense is denied or registration rejected, the applicant for or holder\nof such registration or license is entitled, pursuant to section\ntwenty-two of this chapter and the regulations of the office of children\nand family services, to a hearing before the office of children and\nfamily services. However, a license or registration shall be temporarily\nsuspended or limited without a hearing upon written notice to the\noperator of the facility following a finding that the public health, or\nan individual's safety or welfare, are in imminent danger. The holder of\na license or registrant is entitled to a hearing before the office of\nchildren and family services to contest the temporary suspension or\nlimitation. If the holder of a license or registrant requests a hearing\nto contest the temporary suspension or limitation, such hearing must be\nscheduled to commence as soon as possible but in no event later than\nthirty days after the receipt of the request by the office of children\nand family services. Suspension shall continue until the condition\nrequiring suspension or limitation is corrected or until a hearing\ndecision has been issued. If the office of children and family services\ndetermines after a hearing that the temporary suspension or limitation\nwas proper, such suspension or limitation shall be extended until the\ncondition requiring suspension or limitation has been corrected or until\nthe license or registration has been revoked.\n  11. (a) (i) The office of children and family services shall adopt\nregulations establishing civil penalties of no more than five hundred\ndollars per day to be assessed against child day care centers, school\nage child care programs, group family day care homes or family day care\nhomes for violations of this section, sections three hundred ninety-a\nand three hundred ninety-b of this title and any regulations promulgated\nthereunder. The regulations establishing civil penalties shall specify\nthe violations subject to penalty.\n  (ii) The office of children and family services shall adopt\nregulations establishing civil penalties of no more than five hundred\ndollars per day to be assessed against child day care providers who\noperate child day care centers or group family day care homes without a\nlicense or who operate family day care homes, school-age child care\nprograms, or child day care centers required to be registered without\nobtaining such registration.\n  (iii) In addition to any other civil or criminal penalty provided by\nlaw, the office of children and family services shall have the power to\nassess civil penalties in accordance with its regulations adopted\npursuant to this subdivision after a hearing conducted in accordance\nwith procedures established by regulations of the office of children and\nfamily services. Such procedures shall require that notice of the time\nand place of the hearing, together with a statement of charges of\nviolations, shall be served in person or by certified mail addressed to\nthe school age child care program, group family day care home, family\nday care home, or child day care center at least thirty days prior to\nthe date of the hearing. The statement of charges shall set forth the\nexistence of the violation or violations, the amount of penalty for\nwhich the program may become liable, the steps which must be taken to\nrectify the violation, and where applicable, a statement that a penalty\nmay be imposed regardless of rectification. A written answer to the\ncharges of violations shall be filed with the office of children and\nfamily services not less than ten days prior to the date of hearing with\nrespect to each of the charges and shall include all material and\nrelevant matters which, if not disclosed in the answer, would not likely\nbe known to the office of children and family services.\n  (iv) The hearing shall be held by the commissioner of the office of\nchildren and family services or the commissioner's designee. The burden\nof proof at such hearing shall be on the office of children and family\nservices to show that the charges are supported by a preponderance of\nthe evidence. The commissioner of the office of children and family\nservices or the commissioner's designee, in his or her discretion, may\nallow the child day care center operator or provider to attempt to prove\nby a preponderance of the evidence any matter not included in the\nanswer. Where the child day care provider satisfactorily demonstrates\nthat it has rectified the violations in accordance with the requirements\nof paragraph (c) of this subdivision, no penalty shall be imposed except\nas provided in paragraph (c) of this subdivision.\n  (b)(i) In assessing penalties pursuant to this subdivision, the office\nof children and family services may consider the completeness of any\nrectification made and the specific circumstances of such violations as\nmitigating factors.\n  (ii) Upon the request of the office of children and family services,\nthe attorney general shall commence an action in any court of competent\njurisdiction against any child day care program subject to the\nprovisions of this subdivision and against any person, entity or\ncorporation operating such center or school age child care program,\ngroup family day care home or family day care home for the recovery of\nany penalty assessed by the office of children and family services in\naccordance with the provisions of this subdivision.\n  (iii) Any such penalty assessed by the office of children and family\nservices may be released or compromised by the office of children and\nfamily services before the matter has been referred to the attorney\ngeneral; when such matter has been referred to the attorney general,\nsuch penalty may be released or compromised and any action commenced to\nrecover the same may be settled and discontinued by the attorney general\nwith the consent of the office of children and family services.\n  (c)(i) Except as provided for in this paragraph, a child day care\nprovider shall avoid payment of a penalty imposed pursuant to this\nsubdivision where the provider has rectified the condition which\nresulted in the imposition of the penalty within thirty days of\nnotification of the existence of the violation of statute or regulation.\n  (ii) Clause (i) of this paragraph notwithstanding, rectification shall\nnot preclude the imposition of a penalty pursuant to this subdivision\nwhere:\n  (A) the child day care provider has operated a child day care center\nor group family day care home without a license, has refused to seek a\nlicense for the operation of such a center or home, or has continued to\noperate such a center or home after denial of a license application,\nrevocation of an existing license or suspension of an existing license;\n  (B) the child day care provider has operated a family day care home,\nschool-age child care program or child day care center required to be\nregistered without being registered, has refused to seek registration\nfor the operation of such home, program or center or has continued to\noperate such a home, program or center after denial of a registration\napplication, revocation of an existing registration or suspension of an\nexisting registration;\n  (C) there has been a total or substantial failure of the facility's\nfire detection or prevention systems or emergency evacuation procedures;\n  (D) the child day care provider or an assistant, employee or volunteer\nhas failed to provide adequate and competent supervision;\n  (E) the child day care provider or an assistant, employee or volunteer\nhas failed to provide adequate sanitation;\n  (F) the child day care provider or an assistant, employee, volunteer\nor, for a family day care home or group family day care home, a member\nof the provider's household, has injured a child in care, unreasonably\nfailed to obtain medical attention for a child in care requiring such\nattention, used corporal punishment against a child in care or abused or\nmaltreated a child in care;\n  (G) the child day care provider has violated the same statutory or\nregulatory standard more than once within a six month period;\n  (H) the child day care provider or an assistant, employee or volunteer\nhas failed to make a report of suspected child abuse or maltreatment\nwhen required to do so pursuant to section four hundred thirteen of this\narticle; or\n  (I) the child day care provider or an assistant, employee or volunteer\nhas submitted to the office of children and family services a forged\ndocument as defined in section 170.00 of the penal law.\n  (d) Any civil penalty received by the office of children and family\nservices pursuant to this subdivision shall be deposited to the credit\nof the "quality child care and protection fund" established pursuant to\nsection ninety-seven-www of the state finance law.\n  (e)(i) The office of children and family services shall deny a new\napplication for licensure or registration made by a day care provider\nwhose license or registration was previously revoked or terminated based\non a violation of statute or regulation for a period of two years from\nthe date that the revocation or termination of the license or\nregistration became finally effective, unless such office determines, in\nits discretion, that approval of the application will not in any way\njeopardize the health, safety or welfare of children in the center,\nprogram or home. For the purposes of this paragraph, the date that the\nrevocation or termination became finally effective shall be, as\napplicable:\n  (A) the date that the revocation or termination became effective based\non the notice of revocation or termination;\n  (B) the date that the hearing decision was issued upholding the\nrevocation or termination;\n  (C) the date of issuance of a final court order affirming the\nrevocation or termination or affirming a hearing decision that upheld\nthe revocation or termination; or\n  (D) another date mutually agreed upon by the office of children and\nfamily services and the provider.\n  (ii)(A) Such office shall deny a new application for licensure or\nregistration made by a day care provider who is enjoined or otherwise\nprohibited by a court order from operation of a day care center, group\nfamily day care home, family day care home or school-age child care\nprogram without a license or registration for a period of two years from\nthe date of the court order unless the court order specifically enjoins\nthe provider from providing day care for a period longer than two years,\nin which case the office shall deny any new application made by the\nprovider while the provider is so enjoined.\n  (B) Such office shall deny a new application for licensure or\nregistration made by a day care provider who is assessed a second civil\npenalty by such office for having operated a day care center, group\nfamily day care home, family day care home or school-age child care\nprogram without a license or registration for a period of two years from\nthe date of the second fine. For the purposes of this paragraph, the\ndate of the second fine shall be either the date upon which the day care\nprovider signs a stipulation agreement to pay the second fine or the\ndate upon which a hearing decision is issued affirming the determination\nof such office to impose the second fine, as applicable.\n  (iii) A day care provider who surrenders the provider's license or\nregistration while such office is engaged in enforcement seeking\nsuspension, revocation or termination of such provider's license or\nregistration pursuant to the regulations of such office, shall be deemed\nto have had their license or registration revoked or terminated and\nshall be subject to the prohibitions against licensing or registration\npursuant to subparagraph (i) of this paragraph for a period of two years\nfrom the date of surrender of the license or registration.\n  12.  (a) Notwithstanding any other provision of law, except as may be\nrequired as a condition of licensure or registration by regulations\npromulgated pursuant to this section, no village, town (outside the area\nof any incorporated village), city or county shall adopt or enact any\nlaw, ordinance, rule or regulation which would impose, mandate or\notherwise enforce standards for sanitation, health, fire safety or\nbuilding construction on a one or two family dwelling or multiple\ndwelling used to provide group family day care or family day care than\nwould be applicable were such child day care not provided on the\npremises. No village, town (outside the area of any incorporated\nvillage), city or county shall prohibit or restrict use of a one or two\nfamily dwelling, or multiple dwelling for family or group family day\ncare where a license or registration for such use has been issued in\naccordance with regulations issued pursuant to this section. Nothing in\nthis paragraph shall preclude local authorities with enforcement\njurisdiction of the applicable sanitation, health, fire safety or\nbuilding construction code from making appropriate inspections to assure\ncompliance with such standards.\n  (b) Notwithstanding any other provision of law, but pursuant to\nsection five hundred eighty-one-b of the real property tax law, no\nassessing unit, as defined in subdivision one of section one hundred two\nof the real property tax law, in the assessment of the value of any\nparcel used for residential purposes and registered as a family day care\nhome pursuant to this section, shall consider the use or registration of\nsuch parcel as a family day care home.\n  13. Notwithstanding any other provision of law, this section, except\nfor subdivision fifteen of this section, shall not apply to child day\ncare centers in the city of New York.\n  14. The office of children and family services, in conjunction with\nthe department of health, shall be required to annually distribute\ninformational materials related to the occurrence, transmission, birth\ndefects, methods of diagnosis and preventive measures of Cytomegalovirus\nestablished pursuant to subdivision six of section two hundred sixty-six\nof the public health law to every licensed, registered or enrolled child\ncare provider and their staff.\n  15. (a) Each child day care provider, enrolled legally-exempt\nprovider, enrolled legally-exempt group provider, and child care program\npermitted under the New York City health code shall establish written\nprocedures that identify the actions the provider or program shall take\nif the provider or program becomes aware that the parent or guardian\nshall be unavailable to retrieve the child at the conclusion of the\nchild care program hours or the child is not picked up as scheduled, and\nsuch child is in need of an alternate plan for pickup for any reason,\nincluding that the parent or guardian has been detained by federal\nimmigration authorities.\n  (b) Such procedures shall be established and implemented no later than\nninety days after the effective date of this subdivision, and shall be\nprovided to families upon implementation, admission, and revision.\n  (c) Such procedures shall include, at a minimum, that the provider\nshall not contact the statewide central register for child abuse and\nmaltreatment unless the provider has made reasonable efforts to contact\nall known individuals authorized by the parent or guardian to retrieve\nthe child, and that the provider shall retain the child on the premises\nuntil such child is picked up by an individual authorized by the parent\nor guardian or by law.\n
N.Y. ISC Law § 4905 — New York Code / Act ISC / Article 49 / Title 1 / Section 4905
Required and prohibited practices
Status: in_force

§ 4905. Required and prohibited practices. (a) Each utilization review\nagent shall have written procedures for assuring that patient-specific\ninformation obtained during the process of utilization review will be:\n  (1) kept confidential in accordance with applicable state and federal\nlaws; and\n  (2) shared only with the insured, the insured's designee, the\ninsured's health care provider and those who are authorized by law to\nreceive such information.\n  (b) Summary data shall not be considered confidential if it does not\nprovide information to allow identification of individual patients.\n  (c) Any health care professional who makes determinations regarding\nthe medical necessity of health care services during the course of\nutilization review shall be appropriately licensed, registered or\ncertified.\n  (d) A utilization review agent shall not, with respect to utilization\nreview activities, permit or provide compensation or anything of value\nto its employees, agents, or contractors based on:\n  (1) either a percentage of the amount by which a claim is reduced for\npayment or the number of claims or the cost of services for which the\nperson has denied authorization or payment; or\n  (2) any other method that encourages the rendering of an adverse\ndetermination.\n  (e) If a health care service has been specifically preauthorized or\napproved for an insured by a utilization review agent, a utilization\nreview agent shall not pursuant to retrospective review revise or modify\nthe specific standards, criteria or procedures used for the utilization\nreview for procedures, treatment and services delivered to the insured,\nduring the same course of treatment.\n  * (f) Utilization review shall not be conducted more frequently than\nis reasonably required to assess whether the health care services under\nreview are medically necessary.\n  * NB Effective until January 1, 2027\n  * (f) Utilization review shall not be conducted more frequently than\nis reasonably required to assess whether the health care services under\nreview are medically necessary provided, however, that utilization\nreview shall not be conducted more than once per year for an outpatient\ncourse of treatment for a chronic health condition starting from the\ndate of a pre-authorization approval for the course of treatment unless\nthe insured's attending provider recommends a change to the course of\ntreatment, then utilization review may be conducted for the new course\nof treatment. Any new treatment, testing or procedures related to the\nspecific medical problem, condition, or illness being managed but not\nalready included in the approved course of treatment may be subject to a\nseparate pre-authorization.\n  * NB Effective January 1, 2027\n  (g) When making prospective, concurrent and retrospective\ndeterminations, utilization review agents shall collect only such\ninformation as is necessary to make such determination and shall not\nroutinely require health care providers to numerically code diagnoses or\nprocedures to be considered for certification or routinely request\ncopies of medical records of all patients reviewed. During prospective\nor concurrent review, copies of medical records shall only be required\nwhen necessary to verify that the health care services subject to such\nreview are medically necessary. In such cases, only the necessary or\nrelevant sections of the medical record shall be required. A utilization\nreview agent may request copies of partial or complete medical records\nretrospectively.\n  (h) In no event shall information be obtained from the health care\nproviders for the use of the utilization review agent by persons other\nthan health care professionals, medical record technologists or\nadministrative personnel who have received appropriate training.\n  (i) The utilization review agent shall not undertake utilization\nreview at the site of the provision of health care services unless the\nutilization review agent:\n  (1) Identifies himself or herself by name and the name of his or her\norganization, including displaying photographic identification which\nincludes the name of the utilization review agent and clearly identifies\nthe individual as representative of the utilization review agent;\n  (2) Whenever possible, schedules review at least one business day in\nadvance with the appropriate health care provider;\n  (3) If requested by a health care provider, assures that the on-site\nreview staff register with the appropriate contact person, if available,\nprior to requesting any clinical information or assistance from the\nhealth care provider; and\n  (4) Obtains consent from the insured or the insured's designee before\ninterviewing the patient's family, or observing any health care service\nbeing provided to the insured.\n  (5) This subsection shall not apply to health care professionals\nengaged in providing care or case management or making on-site discharge\ndecisions.\n  (j) A utilization review agent shall not base an adverse determination\non a refusal to consent to observing any health care service.\n  (k) A utilization review agent shall not base an adverse determination\non lack of reasonable access to a health care provider's medical or\ntreatment records unless the utilization review agent has provided\nreasonable notice to the insured, the insured's designee or the\ninsured's health care provider, in which case the insured must be\nnotified, and has complied with all provisions of subsection (i) of this\nsection.\n  (l) Neither the utilization review agent nor the entity for which the\nagent provides utilization review shall take any action with respect to\na patient or a health care provider that is intended to penalize such\ninsured, the insured's designee, or the insured's health care provider\nfor, or to discourage such insured, the insured's designee, or the\ninsured's health care provider from undertaking an appeal, dispute\nresolution or judicial review of an adverse determination.\n  (m) In no event shall an insured, an insured's designee, an insured's\nhealth care provider, any other health care provider, or any other\nperson or entity be required to inform or contact the utilization review\nagent prior to the provision of emergency care, including emergency\ntreatment or emergency admission.\n  (n) No contract or agreement between a utilization review agent and a\nhealth care provider shall contain any clause purporting to transfer to\nthe health care provider by indemnification or otherwise any liability\nrelating to activities, actions or omissions of the utilization review\nagent as opposed to the health care provider.\n  (o) A health care professional providing health care services to an\ninsured shall be prohibited from serving as the clinical peer reviewer\nfor such insured in connection with the health care services being\nprovided to the insured.\n
N.Y. ENV Law § 21-0101 — New York Code / Act ENV / Article 21 / Title 1 / Section 21-0101
New England Interstate Water Pollution Control Compact
Status: in_force

§ 21-0101. New England Interstate Water Pollution Control Compact.\n  The New England Interstate Water Pollution Control Compact as first\nentered into pursuant to chapter 764 of the laws of 1949, and as\nreenacted by chapter 475 of the laws of 1961, is hereby continued. The\ncompact is as follows:\n         NEW ENGLAND INTERSTATE WATER POLLUTION CONTROL COMPACT\n  Whereas, the growth of population and the development of the territory\nof the New England states has resulted in serious pollution of certain\ninterstate streams, ponds and lakes, and of tidal waters ebbing and\nflowing past the boundaries of two or more states; and\n  Whereas, such pollution constitutes a menace to the health, welfare\nand economic prosperity of the people living in such areas; and\n  Whereas, the abatement of existing pollution and the control of future\npollution in the interstate waters of the New England area are of prime\nimportance to the people and can best be accomplished through the\nco-operation of the New England states in the establishment of an\ninterstate agency to work with the states in the field of pollution\nabatement;\n  Now, therefore, the states of Connecticut, Maine, Massachusetts, New\nHampshire, Rhode Island and Vermont do agree and are bound as follows:\n                                ARTICLE I\n  It is agreed between the signatory states that the provisions of this\ncompact shall apply to streams, ponds and lakes which are contiguous to\ntwo or more signatory states or which flow through two or more signatory\nstates or which have a tributary contiguous to two or more signatory\nstates or flowing through two or more signatory states, and also shall\napply to tidal waters ebbing and flowing past the boundaries of two\nstates.\n                               ARTICLE II\n  There is hereby created the New England Interstate Water Pollution\nControl Commission (hereinafter referred to as the commission) which\nshall be a body corporate and politic, having the powers, duties and\njurisdiction herein enumerated and such other and additional powers as\nshall be conferred upon it by the act or acts of a signatory state\nconcurred in by the others.\n                               ARTICLE III\n  The commision shall consist of five commissioners, from each signatory\nstate, each of whom shall be a resident voter of the state from which he\nis appointed. The commissioners shall be chosen in the manner and for\nthe terms provided by law of the state from which they shall be\nappointed. For each state there shall be on the commission a member\nrepresenting the state health department, a member representing the\nstate water pollution control board (if such exists), and except where a\nstate in its enabling legislation decides that the best interests of the\nstate will be otherwise served, a member representing municipal\ninterests, a member representing industrial interests, and a member\nrepresenting an agency acting for fisheries or conservation.\n                               ARTICLE IV\n  The commission shall annually elect from its members a chairman and\nvice chairman and shall appoint and at its pleasure remove or discharge\nsuch officers. It may appoint and employ a secretary who shall be a\nprofessional engineer versed in water pollution and may employ such\nstenographic or clerical employees as shall be necessary, and at its\npleasure remove or discharge such employees. It shall adopt a seal and\nsuitable by-laws and shall promulgate rules and regulations for its\nmanagement and control. It may maintain an office for the transaction of\nits business and may meet at any time or place within the signatory\nstates. Meetings shall be held at least twice each year. A majority of\nthe members shall constitute a quorum for the transaction of business\nbut no action of the commission imposing any obligation on any signatory\nstate or on any municipal agency or subdivision thereof or on any\nperson, firm or corporation therein shall be binding unless a majority\nof the members from such signatory state shall have voted in favor\nthereof. Where meetings are planned to discuss matters relevant to\nproblems of water pollution control affecting only certain of the\nsignatory states, the commission may vote to authorize special meetings\nof the commissioners of the states especially concerned. The commission\nshall keep accurate accounts of all receipts and disbursements and shall\nmake an annual report to the governor, the temporary president of the\nsenate, the speaker of the assembly, the chairpersons of the senate\nfinance and assembly ways and means committees, and the chairpersons of\nthe senate and assembly environmental conservation committees setting\nforth in detail the operations and transactions conducted by it pursuant\nto this compact, and shall make recommendations for any legislative\naction deemed by it advisable, including amendments to the statutes of\nthe signatory states which may be necessary to carry out the intent and\npurpose of this compact. The commission shall not incur any obligations\nfor salaries, office, administrative, traveling or other expenses prior\nto the allotment of funds by the signatory state adequate to meet the\nsame; nor shall the commission pledge the credit of any signatory\nstates. Each signatory state reserves the right to provide hereafter by\nlaw for the examination and audit of the accounts of the commission. The\ncommission shall appoint a treasurer who may be a member of the\ncommission, and disbursements by the commission shall be valid only when\nauthorized by the commission and when vouchers therefor have been signed\nby the secretary and countersigned by the treasurer. The secretary shall\nbe custodian of the records of the commission with authority to attest\nto and certify such records or copies thereof.\n                                ARTICLE V\n  It is recognized, owing to such variable factors as location, size,\ncharacter and flow and the many varied uses of the waters subject to the\nterms of this compact, that no single standard of sewage and waste\ntreatment and no single standard of quality of receiving waters is\npractical and that the degree of treatment of sewage and industrial\nwastes should take into account the classification of the receiving\nwaters according to present and proposed highest use, such as for\ndrinking water supply, industrial and agricultural uses, bathing and\nother recreational purposes, maintenance and propagation of fish life,\nshellfish culture, navigation and disposal of wastes.\n  The commission shall establish reasonable physical, chemical and\nbacteriological standards of water quality satisfactory for various\nclassifications of use. It is agreed that each of the signatory states\nthrough appropriate agencies will prepare a classification of its\ninterstate waters in entirety or by portions according to present and\nproposed highest use and for this purpose technical experts employed by\nstate departments of health and state water pollution control agencies\nare authorized to confer on questions relating to classification of\ninterstate waters affecting two or more states. Each signatory state\nagrees to submit its classification of its interstate waters to the\ncommission for approval. It is agreed that after such approval all\nsignatory states through their appropriate state health departments and\nwater pollution control agencies will work to establish programs of\ntreatment of sewage and industrial wastes which will meet standards\nestaablished by the commission for classified waters. The commission may\nfrom time to time make such changes in definitions of classifications\nand in standards as may be required by changed conditions or as may be\nnecessary for uniformity.\n                               ARTICLE VI\n  Each of the signatory states pledges to provide for the abatement of\nexisting pollution and for the control of future pollution of interstate\ninland and tidal waters as described in Article I, and to put and\nmaintain the waters thereof in a satisfactory condition consistent with\nthe highest classified use of each body of water.\n                               ARTICLE VII\n  Nothing in this compact shall be construed to repeal or prevent the\nenactment of any legislation or prevent the enforcement of any\nrequirement by any signatory state imposing any additional condition or\nrestriction to further lessen the pollution of waters within its\njurisdiction. Nothing herein contained shall affect or abate any action\nnow pending brought by any governmental board or body created by or\nexisting under any of the signatory states.\n                              ARTICLE VIII\n  The signatory states agree to appropriate for the salaries, office,\nadministrative, travel and other expenses such sum or sums as shall be\nrecommended by the commission. The commonwealth of Massachusetts\nobligates itself only to the extent of sixty-five hundred dollars in any\none year, the state of Connecticut only to the extent of three thousand\ndollars in any one year, the state of Rhode Island only to the extent of\nfifteen hundred dollars in any one year, and the states of New\nHampshire, Maine, and Vermont each only to the extent of one thousand\ndollars in any one year.\n                               ARTICLE IX\n  Should any part of this compact be held to be contrary to the\nconstitution of any signatory state or of the United States, all other\nparts thereof shall continue to be in full force and effect.\n                                ARTICLE X\n  The commission is authorized to discuss with appropriate state\nagencies in New York state questions of pollution of waters which flow\ninto the New England area from New York state or vice versa and to\nfurther the establishment of agreements on pollution abatement to\npromote the interests of the New York and New England areas.\n  Whenever the commission by majority vote of the members of each\nsignatory state shall have given its approval and the state of New York\nshall have taken the necessary action to do so, the state of New York\nshall be a party to this compact for the purpose of controlling and\nabating the pollution of waterways common to New York and the New\nEngland states signatory to this compact but excluding the waters under\nthe jurisdiction of the Interstate Sanitation Commission (New York, New\nJersey, and Connecticut).\n                               ARTICLE XI\n  This compact shall become effective immediately upon the adoption of\nthe compact by any two contiguous states of New England but only insofar\nas applies to those states upon approval by Federal law. Thereafter upon\nratification by other contiguous states, it shall also become effective\nas to those states.\n
N.Y. PBH Law § 4365 — New York Code / Act PBH / Article 43-B / Title 1 / Section 4365
Powers and duties of the commissioner
Status: in_force

§ 4365. Powers and duties of the commissioner. 1. The commissioner, in\nconsultation with the transplant council, may promulgate regulations to\nestablish standards for banks and storage facilities other than those\nowned or operated by the office of mental health. Such standards may\nprovide for the following: the organizational structure of banks and\nstorage facilities; the geographic scope of licensed banks and storage\nfacilities; donor selection and solicitation practices; tissue and\nnon-transplant organ retrieval practices; transportation practices;\nrequired clinical laboratory tests for suitable donors, recipients and\ntissue; histocompatibility standards; allocation criteria; reporting\nrequirements; record keeping requirements; accounting procedures; staff\nrequirements; the content of agreements with hospitals from which\ntissues and non-transplant organs will be procured; and the content of\nagreements with organ procurement organizations, educational\ninstitutions, other banks and storage facilities, and other entities\nproviding services to banks or storage facilities in connection with the\nprocurement, storage, and distribution of tissue and non-transplant\norgans. The commissioner and the commissioner of mental health shall\nenter into a cooperative agreement to establish standards for banks and\nstorage facilities owned or operated by the office of mental health\nwhich may include standards for donor selection and solicitation\npractices; tissue and non-transplant organ retrieval practices;\ntransportation practices; reporting requirements; record keeping\nrequirements; the content of agreements with hospitals from which\ntissues and non-transplant organs will be procured, and the content of\nagreements with other banks and storage facilities.\n  2. Notwithstanding any inconsistent provision of article five of this\nchapter, the commissioner, in consultation with the transplant council,\nmay promulgate regulations to establish quality control standards\ngoverning tissue typing conducted by or at the request of organ\nprocurement organizations and facilities performing transplant services.\nSuch regulations may eliminate duplicative testing by laboratories by\nlimiting within a service area the performance of histocompatibility\nmatching and tissue typing services for cadaveric organ donations for\ntransplantation in New York state.\n  3. At least sixty days prior to the commissioner's final approval of\nrules and regulations proposed pursuant to this article, other than\nemergency rules and regulations, the commissioner shall submit such\nproposed rules and regulations to the council for its review. The\ncouncil shall review such rules and regulations and submit its\nrecommendations to the commissioner within sixty days. The commissioner\nshall not act in a manner inconsistent with the recommendations of the\ncouncil without first providing to the council a written explanation of\nthe reasons therefor.\n  4. The commissioner, in consultation with the transplant council,\nshall promulgate regulations on the donation of ova. Such regulations\nshall include, but not be limited to:\n  (a) guidelines and procedures for obtaining fully informed consent\nfrom potential donors, including but not limited to a full disclosure of\nany known or potential health risks of the ova donation process;\n  (b) the development and distribution, in printed form and on the\ndepartment's website, of informational material relating to the donation\nof ova;\n  (c) the establishment of a voluntary central tracking registry of ova\ndonor information, as reported by banks and storage facilities licensed\npursuant to this article upon the affirmative consent of an ova donor.\nSuch registry shall provide a means for gathering and maintaining\naccurate information on the:\n  (i) number of ova and the number of times ova have been donated from a\nsingle donor;\n  (ii) health information of the donor at the time of the donation; and\n  (iii) other information deemed appropriate by the commissioner.\n  In addition, all such regulations shall maintain the anonymity of the\ndonor and any resulting offspring and govern access to information\nmaintained by the registry. Such registry shall comply with all state\nand federal laws and regulations related to maintaining the privacy and\nconfidentiality of records contained within the registry; and\n  (d) the development of best practices and procedures, in consultation\nwith the American college of obstetricians and gynecologists, American\nsociety for reproductive medicine and other medical organizations, for\nova donation, ova retrieval, and in vitro fertilization for the\nprotection of the health and safety of the donor.\n  5. The commissioner may inquire into the operation of banks and\nstorage facilities and may conduct periodic inspections of banks and\nstorage facilities including methods, procedures, materials, staff and\nequipment.\n  6. Organ procurement organizations, banks, storage facilities, and\nother persons engaged in procurement activities shall submit, in a form\nprescribed by the department, periodic reports of procurement, storage\nand distribution activities and such other information as the\ncommissioner may require to carry out the provisions of this article.\nWhere available, the commissioner shall utilize information reported by\norgan procurement organizations to the organ procurement and\ntransplantation network established pursuant to section three hundred\nseventy-two of the federal public health services act.\n  7. In consultation with the transplant council, the commissioner is\nauthorized to establish subcategories of licenses based upon the tissue\nand non-transplant organs to be procured or stored by banks and storage\nfacilities and the activities to be conducted and may include different\nstandards for each subcategory of license.\n  8. Nothing contained within this article shall limit the authority of\nthe council on human blood and transfusion services to adopt rules and\nregulations concerning blood and bone marrow in accordance with article\nthirty-one of this chapter.\n  9. The commissioner, in cooperation and consultation with the\ntransplant council and other interested parties, shall develop and\ndistribute, in printed form and on the department's internet website,\ninformational materials relating to the live donation of organs and\ntissue, including, but not limited to:\n  (a) the benefits of live organ and tissue donation;\n  (b) the impact of the donation of organs or tissue on the donors'\naccess to insurance and assistance;\n  (c) the reduction in federal adjusted gross income, for state personal\nincome tax purposes, granted to living organ and tissue donors; and\n  (d) the protections and benefits granted pursuant to the living donor\nprotection act of two thousand eighteen.\n
N.Y. EDN Law § 350 — New York Code / Act EDN / Title 1 / Article 8 / Section 350
Definitions
Status: in_force

§ 350. Definitions. As used in this article, unless the context shall\notherwise require, the following terms shall mean:\n  1. "State university." The state university created by this article.\n  2. "Community colleges." Colleges established and operated pursuant to\nthe provisions of article one hundred twenty-six, and providing two-year\npost secondary programs in general and technical educational subjects\nand receiving financial assistance from the state.\n  3. "Statutory or contract colleges." Colleges furnishing higher\neducation, operated by independent institutions on behalf of the state\npursuant to statute or contractual agreements; provided, that an\ninstitution not otherwise a statutory or contract college shall not\nbecome a statutory or contract college because of its receipt of state\nfunds or financial assistance pursuant to section three hundred\nfifty-eight hereof, or by entering into any contract pursuant to that\nsection.\n  4. "State-operated institutions." Institutions comprising the state\nuniversity as provided for in subdivision three of section three hundred\nfifty-two hereof, but not including statutory or contract colleges.\n  5. "State university health care facility" shall mean a hospital, as\ndefined in section twenty-eight hundred one of the public health law,\noperated by the state university, or a clinic, as defined in subdivision\nsix of this section, of a state university health sciences center at\nBrooklyn, Buffalo, Stony Brook and Syracuse, or the College of\nOptometry.\n  6. "Clinic" shall mean a facility located either within or outside of\na state university health care facility providing services related to\nthe medical education mission of the university, but shall not include\nstate university student health services.\n  * 7. "University centers" shall mean the university centers at Albany,\nBinghamton, Buffalo and Stony Brook.\n  * NB Repealed July 1, 2027\n  * 8. "NY-SUNY 2020 challenge grant program" ("NY-SUNY 2020") shall\nmean a long-term economic and academic plan, which shall include a\nfinancial aid program, submitted by each state university of New York\nuniversity center, subject to the approval by the governor and the\nchancellor of the state university of New York.\n  * NB Repealed July 1, 2027\n  9. "SUNY Challenge Grant Program" shall mean a long-term economic and\nacademic plan submitted by a college, university or community college as\ndefined by this section, excluding university centers as defined by this\nsection, subject to the approval by the Governor and the Chancellor of\nthe State University of New York.\n  10. "Dormitory facilities revenue fund" means the fund established\npursuant to section sixteen hundred eighty-q of the public authorities\nlaw.\n  11. "Dormitory facilities revenues" means all moneys, including rents,\nfees and charges, derived from the use or occupancy of dormitory\nfacilities.\n  12. "Dormitory facility" means a dormitory, as such term is defined in\nparagraph (a) of subdivision two of section sixteen hundred seventy-six\nof the public authorities law.\n  13. "Dormitory facility revenue bond" means any note or bond of the\ndormitory authority (i) issued on or after the first day of April, two\nthousand thirteen for the purposes of financing dormitory facilities or\nrefinancing notes or bonds previously issued in connection with\ndormitory facilities, including notes or bonds issued to pay costs\nincurred in connection with the issuance of such notes or bonds, to fund\nany reserve for the payment of debt service on such bonds or notes, to\nfund any reserve established for the improvement, repair, maintenance or\noperations of dormitory facilities, or to pay or provide for the payment\nof any note or bond previously issued for any such purpose, and (ii) is\npayable from moneys on deposit in the dormitory facilities revenue fund\nand is not payable from any revenue of the state.\n
N.Y. SOS Law § 383-C — New York Code / Act SOS / Article 6 / Title 1 / Section 383-C
Guardianship and custody of children in foster care
Status: in_force

§ 383-c. Guardianship and custody of children in foster care. 1.\nMethod.  For the purposes of this section, a child in foster care shall\nmean a child in the care and custody of an authorized agency pursuant to\nsection three hundred eighty-four-a of this title or article three,\nseven or ten of the family court act. The guardianship of the person and\nthe custody of a child in foster care under the age of eighteen years\nmay be committed to an authorized agency by a written instrument which\nshall be known as a surrender, and signed:\n  (a) if both parents shall then be living, by the parents of such\nchild, or by the surviving parent, if either parent of such child be\ndead;\n  (b) if either one of such parents shall have for a period of six\nmonths then next preceding abandoned such child as set forth in section\nthree hundred eighty-four-b of this title, by the other of such parents;\n  (c) if such child is born out of wedlock, by the mother of such child,\nand by the father of such child, if such father's consent would be\nrequired for the child's adoption, pursuant to section one hundred\neleven of the domestic relations law;\n  (d) if both parents of such child are dead, or if such child is born\nout of wedlock and the mother of such child is dead, by the guardian of\nthe person of such child lawfully appointed, with the approval of the\ncourt or officer which appointed such guardian to be entered of record.\n  2. Terms. (a) Such guardianship shall be in accordance with the\nprovisions of this article and the instrument shall be upon such terms\nand subject to such conditions as may be agreed upon by the parties\nthereto and shall comply with subdivision five of this section;\nprovided, however, that an authorized agency shall not accept a\nsurrender instrument conditioned upon adoption by a particular person,\nunless such person is a certified or approved foster parent, where the\npermanency plan for the child is for the child to be adopted by that\nperson or the agency has fully investigated and approved such person as\nan adoptive parent in accordance with applicable statute and\nregulations. No such agency shall draw or receive money from public\nfunds for the support of any such child except upon the written order or\npermit of the social services official of the county or city sought to\nbe charged with the support of such child.\n  (b) If a surrender instrument designates a particular person or\npersons who will adopt a child, such person or persons, the child's\nbirth parent or parents, the authorized agency having care and custody\nof the child and the child's attorney, may enter into a written\nagreement providing for communication or contact between the child and\nthe child's parent or parents on such terms and conditions as may be\nagreed to by the parties.  If a surrender instrument does not designate\na particular person or persons who will adopt the child, then the\nchild's birth parent or parents, the authorized agency having care and\ncustody of the child and the child's attorney may enter into a written\nagreement providing for communication or contact, on such terms and\nconditions as may be agreed to by the parties. Such agreement also may\nprovide terms and conditions for communication with or contact between\nthe child and the child's biological siblings or half-siblings, if any.\nIf any such sibling or half-sibling is fourteen years of age or older,\nsuch terms and conditions shall not be enforceable unless such sibling\nor half-sibling consents to the agreement in writing. If the court\nbefore which the surrender instrument is presented for approval\ndetermines that the agreement concerning communication and contact is in\nthe child's best interests, the court shall approve the agreement. If\nthe court does not approve the agreement, the court may nonetheless\napprove the surrender; provided, however, that the birth parent or\nparents executing the surrender instrument shall be given the\nopportunity at that time to withdraw such instrument. Enforcement of any\nagreement prior to the adoption of the child shall be in accordance with\nsubdivision (b) of section one thousand fifty-five-a of the family court\nact. Subsequent to the adoption of the child, enforcement of any\nagreement shall be in accordance with section one hundred twelve-b of\nthe domestic relations law.\n  3. Judicial surrenders. (a) A surrender of a child to an authorized\nagency for the purpose of adoption may be executed and acknowledged\nbefore a judge of the family court or a surrogate in this state. If the\nchild being surrendered is in foster care as a result of a proceeding\nbefore the family court pursuant to article ten or ten-A of the family\ncourt act or section three hundred fifty-eight-a of this chapter, the\nsurrender shall be executed and acknowledged before the family court\nthat exercised jurisdiction over such proceeding and, shall be assigned,\nwherever practicable, to the judge who last presided over such\nproceeding. A surrender executed and acknowledged before a court in\nanother state shall satisfy the requirements of this section if it is\nexecuted by a resident of the other state before a court of record which\nhas jurisdiction over adoption proceedings in that state, and a\ncertified copy of the transcript of that proceeding, showing compliance\nwith paragraph (b) of this subdivision, is filed as part of the adoption\nproceeding in this state.\n  (b) Before a judge or surrogate approves a judicial surrender, the\njudge or surrogate may order that notice of the surrender proceeding be\ngiven to such persons as the judge or surrogate may, in his or her\ndiscretion, prescribe. At the time that a parent appears before a judge\nor surrogate to execute and acknowledge a surrender, the judge or\nsurrogate shall inform such parent of the right to be represented by\nlegal counsel of the parent's own choosing and of the right to obtain\nsupportive counseling and of any right to have counsel assigned pursuant\nto section two hundred sixty-two of the family court act, section four\nhundred seven of the surrogate's court procedure act, or section\nthirty-five of the judiciary law. The judge or surrogate also shall\ninform the parent of the consequences of such surrender, including\ninforming such parent that the parent is giving up all rights to have\ncustody, visit with, speak with, write to or learn about the child,\nforever, unless the parties have agreed to different terms pursuant to\nsubdivision two of this section, or, if the parent registers with the\nadoption information register, as specified in section forty-one hundred\nthirty-eight-d of the public health law, that the parent may be\ncontacted at any time after the child reaches the age of eighteen years,\nbut only if both the parent and the adult child so choose. The court\nshall determine whether the terms and conditions agreed to by the\nparties pursuant to subdivision two of this section are in the child's\nbest interests before approving the surrender. The judge or surrogate\nshall inform the parent that where a surrender containing conditions has\nbeen executed, the parent is obligated to provide the authorized agency\nwith a designated mailing address, as well as any subsequent changes in\nsuch address, at which the parent may receive notices regarding any\nsubstantial failure of a material condition, unless such notification is\nexpressly waived by a statement written by the parent and appended to or\nincluded in such instrument. The judge or surrogate also shall inform\nthe parent that the surrender shall become final and irrevocable\nimmediately upon its execution and acknowledgment. The judge or\nsurrogate shall give the parent a copy of such surrender upon the\nexecution thereof.\n  4. Extra-judicial surrenders. (a) In any case where a surrender is not\nexecuted and acknowledged before a judge or surrogate pursuant to\nsubdivision three of this section, such surrender shall be executed and\nacknowledged by the parent, in the presence of at least two witnesses,\nbefore a notary public or other officer authorized to take proof of\ndeeds. At least one witness shall be an employee of an authorized agency\ntrained, in accordance with the regulations of the department of\nchildren and family services, to receive surrenders. At least one\nwitness shall be a person who is either a licensed master social worker,\nlicensed clinical social worker or an attorney and who is not an\nemployee, volunteer, consultant or agent of or attorney for the\nauthorized agency to which the child is being surrendered. The\ncommissioner of the office of children and family services, after\nconsultation with the chief administrator of the courts, shall\npromulgate standards to help ensure the impartial selection and\nindependence of such witnesses. Any witness may, if so commissioned,\nserve as notary under this subdivision.\n  (b) The authorized agency to which the child was surrendered shall\nfile an application for approval of the extra-judicial surrender with\nthe court in which the adoption proceeding is expected to be filed or,\nif not known, the family or surrogate's court in the county in which the\nagency has its principal office. If the child being surrendered is in\nfoster care as a result of a proceeding before the family court pursuant\nto article ten or ten-A of the family court act or section three hundred\nfifty-eight-a of this chapter, the application shall be filed in the\nfamily court that exercised jurisdiction over such proceeding and, shall\nbe assigned, wherever practicable, to the judge who last presided over\nsuch proceeding. The application shall be filed no later than fifteen\ndays after execution of such surrender. The application shall be\naccompanied by affidavits from all the witnesses before whom the\nsurrender was executed and acknowledged as provided for in paragraph (a)\nof this subdivision, stating:\n  (i) the date, time and place where the surrender was executed and\nacknowledged;\n  (ii) that the parent was provided with a copy of the surrender;\n  (iii) that the surrender was read in full to the parent in his or her\nprincipal language and the parent was given an opportunity to ask\nquestions and obtain answers regarding the nature and consequences of\nthe surrender, including the consequences of, and procedures to be\nfollowed in, cases of a substantial failure of a material condition, if\nany, contained in the surrender instrument and the obligation to provide\nthe authorized agency with a designated mailing address, as well as any\nsubsequent changes in such address, at which the parent may receive\nnotices regarding any substantial failure of a material condition,\nunless such notification is expressly waived by a statement written by\nthe parent and appended to or included in such instrument; and\n  (iv) that the parent executed and acknowledged the surrender.\n  (c) The authorized agency to which a child is surrendered pursuant to\nthis subdivision must affix an affidavit to the application, by an\nemployee responsible for providing or arranging supportive counseling,\nwhich specifies:\n  (i) when supportive counseling was offered to the parent by the\nauthorized agency;\n  (ii) whether the parent accepted the offer of supportive counseling;\nand\n  (iii) if accepted, when supportive counseling was provided and the\nnature of such supportive counseling.\n  (d) Before a judge or surrogate approves an extra-judicial surrender,\nthe judge or surrogate shall order notice to be given to the person who\nexecuted the surrender and to such other persons as the judge or\nsurrogate may, in his or her discretion, prescribe. No person who has\nreceived such notice and been afforded an opportunity to be heard may\nchallenge the validity of a surrender approved pursuant to this\nsubdivision in any other proceeding. Nothing in this section shall be\ndeemed to dispense with the consent to adopt if otherwise required of\nany person who has not executed the surrender.\n  (e) The agency to which the child is surrendered promptly shall notify\nsuch court of any correspondence or communication received from the\nparent or a person on the parent's behalf subsequent to the execution of\nthe surrender and prior to a final order of adoption of the child, if\nsuch correspondence or communication could reasonably indicate the\nparent's wish to revoke the surrender.\n  (f) The court shall enter an order either approving or disapproving\nthe surrender. If the court disapproves the surrender, the surrender\nshall be deemed a nullity and without force or effect, and the court may\ndirect that any subsequent surrender shall be executed only before the\ncourt in accordance with subdivision three of this section.\n  5. Instrument. (a) There shall be a form of instrument for a judicial\nsurrender and a form of instrument for an extra-judicial surrender.\n  (b) The instrument for a judicial surrender and the instrument for an\nextra-judicial surrender shall be in a form prescribed by the\ncommissioner after consultation with the chief administrator of the\ncourts and shall state in plain language in conspicuous bold print on\nthe first page:\n  (i) that the parent has the right, before signing the surrender, to\nspeak to a lawyer of her or his own choosing and any other person she or\nhe wishes; to have that lawyer and any other person present with her or\nhim at the time of the signing of the surrender; and has the right to\nask the court to appoint a lawyer free of charge if the parent cannot\nafford to hire one; and has the right to have supportive counseling;\n  (ii) that the parent is giving up all rights to have custody, visit\nwith, speak with, write to or learn about the child, forever, unless the\nparties have agreed to different terms pursuant to subdivision two of\nthis section, and unless such terms are written in the surrender, or, if\nthe parent registers with the adoption information register, as\nspecified in section forty-one hundred thirty-eight-d of the public\nhealth law, that the parent may be contacted at anytime after the child\nreaches the age of eighteen years, but only if both the parent and the\nadult child so choose;\n  (iii) that the child will be adopted without the parent's consent and\nwithout further notice to the parent, and will be adopted by any person\nthat the agency chooses, unless the surrender paper contains the name of\nthe person or persons who will be adopting the child; and\n  (iv) that the parent cannot be forced to sign the surrender paper, and\ncannot be punished if he or she does not sign the paper; and would not\nbe subject to any penalty for refusing to sign the surrender.\n  (c) A surrender instrument for a judicial surrender also shall state\nin plain language in conspicuous bold print at the beginning thereof\nthat the surrender becomes final and irrevocable immediately upon\nexecution and acknowledgement, and that the parent cannot bring a case\nin court to revoke the surrender or to regain custody of the child.\nWhere the parties have agreed that the surrender shall be subject to\nconditions pursuant to subdivision two of this section, the instrument\nshall further state in plain language that:\n  (i) the authorized agency shall notify the parent, unless such notice\nis expressly waived by a statement written by the parent and appended to\nor included in such instrument, the attorney for the child and the court\nthat approved the surrender within twenty days of any substantial\nfailure of a material condition of the surrender prior to the\nfinalization of the adoption of the child; and\n  (ii) except for good cause shown, the authorized agency shall file a\npetition on notice to the parent unless notice is expressly waived by a\nstatement written by the parent and appended to or included in such\ninstrument and the child's attorney in accordance with section one\nthousand fifty-five-a of the family court act within thirty days of such\nfailure, in order for the court to review such failure and, where\nnecessary, to hold a hearing; provided, however, that, in the absence of\nsuch filing, the parent and/or attorney for the child may file such a\npetition at any time up to sixty days after notification of the failure.\nSuch petition filed by a parent or attorney for the child must be filed\nprior to the child's adoption; and\n  (iii) the parent is obligated to provide the authorized agency with a\ndesignated mailing address, as well as any subsequent changes in such\naddress, at which the parent may receive notices regarding any\nsubstantial failure of a material condition, unless such notification is\nexpressly waived by a statement written by the parent and appended to or\nincluded in such instrument.\n  Nothing in this paragraph shall limit the notice on the instrument\nwith respect to a failure to comply with a material condition of a\nsurrender subsequent to the finalization of the adoption of the child.\n  (d) An extra-judicial surrender instrument also shall state in plain\nlanguage in conspicuous bold print at the beginning thereof that:\n  (i) the name and address of the court in which the application for\napproval of the extra-judicial surrender will be filed;\n  (ii) that a revocation of the surrender will be effective if it is in\nwriting and postmarked or received by the court named in the surrender\nwithin forty-five days of the signing of the surrender; and\n  (iii) that a revocation of the surrender more than forty-five days\nafter its signing will not be effective if the child has been placed in\nan adoptive home, and the surrender shall be final and irrevocable and\nthe parent cannot revoke the surrender or bring a case in court to\nrevoke the surrender or regain custody of the child, and that the agency\nwill not notify the parent when the child is placed in an adoptive home,\nand the parent may lose all rights at the end of the forty-five day\nperiod without further notice. Where the parties have agreed that the\nsurrender shall be subject to conditions pursuant to subdivision two of\nthis section, the instrument shall further state in plain language that:\n  (A) the authorized agency shall notify the parent, unless such notice\nis expressly waived by a statement written by the parent and appended to\nor included in such instrument, the law guardian for the child and the\ncourt that approved the surrender within twenty days of any substantial\nfailure of a material condition of the surrender prior to the\nfinalization of the adoption of the child; and\n  (B) except for good cause shown, the authorized agency shall file a\npetition on notice to the parent unless notice is expressly waived by a\nstatement written by the parent and appended to or included in such\ninstrument and law guardian in accordance with section one thousand\nfifty-five-a of the family court act within thirty days of such failure\nin order for the court to review such failure and, where necessary, to\nhold a hearing; provided, however, that, in the absence of such filing,\nthe parent and/or law guardian for the child may file such a petition at\nany time up to sixty days after notification of the failure. Such\npetition filed by a parent or law guardian must be filed prior to the\nadoption of the child; and\n  (C) the parent is obligated to provide the authorized agency with a\ndesignated mailing address, as well as any subsequent changes in such\naddress, at which the parent may receive notices regarding any\nsubstantial failure of a material condition, unless such notice is\nexpressly waived by a statement written by the parent and appended to or\nincluded in such instrument.\n  Nothing in this subparagraph shall limit the notice on the instrument\nwith respect to a failure to comply with a material condition of a\nsurrender subsequent to the finalization of the adoption of the child.\n  (e) Any surrender instrument subject to the provisions of this section\nshall include an adoption information registry birth parent registration\nconsent form, stating whether or not such biological parent or parents\nwhose consent is subject to the provisions of this section, consents to\nthe receipt of identifying information by the child to be adopted upon\nregistration with the adoption information registry established by\nsection forty-one hundred thirty-eight-c of the public health law and\nupon the adoptee reaching the age of eighteen. If such consent is made,\nit shall be revocable by either of the biological parents at any time.\nThe revocation of the consent by one of the parents shall revoke the\nconsent of both parents. The failure of a biological parent to complete\nthe consent form shall have no effect on the finality of the consent to\nadoption. A copy of the form required by this subdivision, shall be\nforwarded to the state adoption information registry for inclusion in\nthe records maintained by such registry. Any fees authorized to be\ncharged by the state adoption registry for filing documentation with\nsuch registry shall be waived for the form required by this subdivision.\n  (f) A surrender shall be recorded in the office of the county clerk in\nthe county where the surrender is executed, or where the principal\noffice of such authorized agency is located, in a book which such county\nclerk shall provide and shall keep under seal. Such record shall be\nsubject to inspection and examination only as provided in subdivisions\nthree and four of section three hundred seventy-two of this title.\n  (g) Whenever the term surrender, surrender paper or surrender\ninstrument is used in any law relating to the adoption of children in\nfoster care, it shall mean and refer exclusively to the instrument\ndescribed herein for the commitment of the guardianship of the person\nand the custody of a child to an authorized agency by the child's\nparent, parents or guardian, and in no case shall it be deemed to apply\nto any instrument purporting to commit the guardianship of the person\nand the custody of a child to any person other than an authorized\nagency, nor shall such term or the provisions of this section be deemed\nto apply to any instrument transferring the care and custody of a child\nto an authorized agency pursuant to section three hundred eighty-four-a\nof this title.\n  (h) Upon execution of a surrender instrument, the parent executing the\nsurrender shall provide information to the extent known regarding the\nother parent, any person to whom the surrendering parent had been\nmarried at the time of the conception or birth of the child and any\nother person who would be entitled to consent to the adoption of the\nchild pursuant to subdivision one of section one hundred eleven of the\ndomestic relations law. Such information shall include, but not be\nlimited to, such parent's or person's name, last-known address, social\nsecurity number, employer's address and any other identifying\ninformation. Any information provided pursuant to this paragraph shall\nbe recorded in the uniform case record maintained pursuant to section\nfour hundred nine-f of this article; provided, however, that the failure\nto provide such information shall not invalidate the surrender.\n  6. Effect of surrender and revocation. (a) If the court disapproves\nthe surrender pursuant to subdivision four of this section, or if a\nrevocation of an extra-judicial surrender is mailed and postmarked or\notherwise delivered to the court named in the surrender within\nforty-five days of the execution of the surrender, such surrender shall\nbe deemed a nullity, and the child shall be returned to the care and\ncustody of the authorized agency.\n  (b) If a revocation of an extra-judicial surrender is mailed and\npostmarked or otherwise delivered to the court named in the surrender\nmore than forty-five days after its execution and the child has not been\nplaced in an adoptive home, such surrender shall be deemed a nullity,\nand the child shall be returned to the care and custody of the\nauthorized agency. For the purposes of this subdivision, no child shall\nbe deemed to have been placed in the home of adoptive parents unless the\nfact of such placement, the date thereof, the date of the agreement\npertaining thereto and the names and addresses of the adoptive parents\nshall have been recorded in a bound volume maintained by the agency for\nthe purpose of recording such information in chronological order. The\nabsence of judicial approval of an extra-judicial surrender shall not\nrevive, extend or toll the period for revocation of such surrender.\n  (c) In any case in which the authorized agency determines that the\npersons specified in the surrender will not adopt the child or in any\nother case of a substantial failure of a material condition prior to the\nfinalization of the adoption of the child, the agency promptly shall\nnotify the parent thereof, unless such notice is expressly waived by a\nstatement written by the parent and appended to or included in such\ninstrument, and shall notify the court and the law guardian for the\nchild within twenty days. In any such case, the authorized agency shall\nfile a petition on notice to the parent unless notice is expressly\nwaived by a statement written by the parent and appended to or included\nin such instrument and law guardian in accordance with section one\nthousand fifty-five-a of the family court act, as applicable, within\nthirty days, except for good cause shown, in order for the court to\nreview such failure and, where necessary, to hold a hearing; provided,\nhowever, that, in the absence of such a filing, the parent and/or law\nguardian for the child may file such a petition at any time up to sixty\ndays after the notification of the failure. Such petition filed by a\nparent or law guardian must be filed prior to the adoption. Nothing in\nthis paragraph shall limit the rights and remedies, if any, available to\nthe parties and the law guardian with respect to a failure to comply\nwith a material condition of a surrender subsequent to the finalization\nof the adoption of the child.\n  (d) Nothing contained in this section shall bar actions or proceedings\nbrought on the ground of fraud, duress or coercion in the execution or\ninducement of a surrender. No action or proceeding may be maintained by\nthe surrendering parent or guardian for the custody of the surrendered\nchild or to revoke or annul such surrender except as provided herein.\n  7. Surrenders by persons in foster care. Notwithstanding any other\nprovision of law, a surrender for adoption executed by a parent, parents\nor guardian who is in foster care shall be executed only before a judge\nof the family court.\n  8. Adoption proceeding. (a) Upon the court's order approving the\nsurrender, the attorney for the petitioning authorized agency shall\npromptly serve upon persons who have been approved by such agency as the\nchild's adoptive parents, notice of entry of the order approving the\nsurrender and advising such persons that they may commence an adoption\nproceeding. In accordance with the regulations of the department, the\nauthorized agency shall advise such persons of the procedures necessary\nfor adoption of the child. The authorized agency shall cooperate with\nsuch persons in the provision of necessary documentation.\n  (b) The adoptive parent may commence the adoption proceeding in a\ncourt of competent jurisdiction in accordance with subdivision three of\nsection one hundred thirteen or subdivision two of section one hundred\nfifteen of the domestic relations law, as applicable; provided, however,\nthat in the case of an extra-judicial surrender, such proceeding shall\nbe initiated more than forty-five days after the surrender is executed.\nCommencement of such a proceeding shall not revive, extend or toll the\nperiod for revocation of an extra-judicial surrender pursuant to this\nsection.\n  9. Intervention. (a) Any person or persons having custody of a child\nfor the purpose of adoption through an authorized agency shall be\npermitted as a matter of right, as an interested party, to intervene in\nany proceeding commenced to set aside a surrender purporting to commit a\nguardianship of the person or custody of a child executed under the\nprovisions of this section. Such intervention may be made anonymously or\nin the true name of such person.\n  (b) Any person or persons having custody for more than twelve months\nthrough an authorized agency for the purpose of foster care shall be\npermitted as a matter of right, as an interested party, to intervene in\nany proceeding commenced to set aside a surrender purporting to commit\nthe guardianship of the person and custody of a child executed under the\nprovisions of this section. Such intervention may be made anonymously or\nin the true name of such person or persons having custody of the child\nfor the purpose of foster care.\n  10. Adoption and permanency hearing.\n  a. Upon acceptance of a judicial surrender or approval of an\nextra-judicial surrender pursuant to subdivision three or four of this\nsection, the court shall inquire whether any foster parent or parents\nwith whom the child resides, or any relative of the child, or other\nperson, seeks to adopt such child. If such person or persons do seek to\nadopt such child, such person or persons may submit, and the court shall\naccept, all such petitions for the adoption of the child, together with\nan adoption home study, if any, completed by an authorized agency, or\ndisinterested person as such term is defined in subdivision three of\nsection one hundred sixteen of the domestic relations law. The court\nshall thereafter establish a schedule for completion of other inquiries\nand investigations necessary to complete review of the adoption of the\nchild and shall immediately set a schedule for completion of the\nadoption.\n  b. Upon acceptance of a judicial surrender or approval of an\nextra-judicial surrender pursuant to subdivision three or four of this\nsection, the court shall schedule an initial freed child permanency\nhearing pursuant to section one thousand eighty-nine of the family court\nact. Subsequent permanency hearings shall be held pursuant to section\none thousand eighty-nine of the family court act.\n  11. Acceptance of surrender. Acceptance of a judicial surrender or\napproval of an extra-judicial surrender pursuant to this section shall\nnot be construed to terminate any rights of the child to contact his or\nher siblings. For purposes of this section, "siblings" shall include\nhalf-siblings and those who would be deemed siblings or half-siblings\nbut for the surrender, termination of parental rights or death of a\nparent.\n
N.Y. RPT Law § 1106 — New York Code / Act RPT / Article 11 / Title 1 / Section 1106
Adoption by certain tax districts
Status: in_force

§ 1106. Adoption by certain tax districts. 1. Procedure. A local law\nadopted by an eligible county, city or town pursuant to subdivision two\nof section eleven hundred four of this article may be repealed without\nreferendum. Upon such a repeal, the provisions of this article shall be\napplicable to the enforcement by such county, city or town of all taxes\nwhich shall have become liens on or after the date on which such repeal\nshall have become effective. A copy of the local law effectuating such a\nrepeal shall be filed with the commissioner no later than thirty days\nafter the adoption thereof.\n  2. Pre-existing liens held by the tax district. (a) For purposes of\nthe enforcement of taxes which shall have become liens prior to the\neffective date of such repeal, and which are held by the tax district,\nthe provisions that shall have been in effect on the last day preceding\nthe effective date of such repeal shall continue in effect, for a\ntransition period of a duration to be specified in the local law\neffectuating such repeal. Such transition period shall conclude no later\nthan four years from the effective date of such repeal.\n  (b) During such transition period, if a parcel is subject both to a\nlien or liens arising prior to the effective date of the repeal and to a\nlien or liens arising on or after such effective date, the procedures\napplicable to the enforcement of delinquent taxes shall depend upon the\nlien or liens upon which the enforcement proceeding is based; provided,\nthat if an installment agreement is executed pursuant to section eleven\nhundred eighty-four of this article, the agreement shall apply to all\noutstanding liens held by the tax district, no matter when arising.\n  (c) After the conclusion of such transition period, if the enforcement\nof such prior lien or liens shall not have been concluded, as evidenced\nby the issuance of a tax deed, the amount due shall be relevied and\nenforced in accordance with the procedures then applicable to the\nenforcement of taxes.\n  3. Pre-existing liens held by other parties. For purposes of the\nenforcement of taxes which shall have become liens prior to the\neffective date of such repeal, and which are held by a party other than\nthe tax district, the provisions of the applicable general, special or\nlocal laws that shall have been in effect on the last day preceding such\ndate, shall continue in effect, as fully and to the same extent as if\nsuch laws had not been repealed or superseded by this article.\n  4. Transitional option. With regard to taxes becoming liens during the\nfirst year beginning on the effective date of such repeal, the tax\ndistrict may adopt a local law without referendum increasing the\nredemption period for all property to three or four years after lien\ndate. With regard to taxes becoming liens during the following year, the\ntax district may adopt a local law without referendum increasing the\nredemption period to three years after lien date.\n
N.Y. MRE Law § 31 — New York Code / Act MRE / Article 3 / Title 1 / Section 31
Inside cellar stairs
Status: in_force

§ 31. Inside cellar stairs. Every stair leading from a cellar to the\nfloor above in all old multiple dwellings shall be enclosed with\nfire-retarded partitions and shall be equipped with a fire-retarded\nself-closing door located as the department may approve.\n
N.Y. PBH Law § 2401-B — New York Code / Act PBH / Article 24 / Title 1 / Section 2401-B
Cancer incidence and environmental facility maps
Status: in_force

* § 2401-b. Cancer incidence and environmental facility maps. 1. For\npurposes of this section, "environmental facility" shall have the same\nmeaning as provided in section 3-0317 of the environmental conservation\nlaw.\n  2. For purposes of this section, "cancer incidence and environmental\nfacility maps technical advisory group" or "technical advisory group"\nshall mean the environmental public health tracking program technical\nadvisory group required by a cooperative agreement between the\ndepartment and the federal centers for disease control and prevention.\n  3. The technical advisory group shall make recommendations to the\ndepartment on the appropriate use and communication of the cancer\nincidence and environmental facility maps. Such recommendations shall\nconsider the scientific strengths and limitations of such mapping and\noverlay methodologies for cancer tracking and geospatial linking to\nsignificant disease risk factors, and the appropriate means for\ncommunicating such strengths and limitation to the public in an easily\ndiscernible manner. The department shall consider the recommendations of\nthe technical advisory group when making the maps required by this\nsection available to the public.\n  4. The department, in consultation with the department of\nenvironmental conservation and the technical advisory group, shall\nestablish and maintain a computer mapping system for plotting cancer\nincidence and environmental facilities throughout the state, including\nbut not limited to cancer clusters. Such maps shall overlay locations of\nenvironmental facilities with cancer incidences.\n  5. Cancer incidence and environmental facility maps shall include data\non the incidence of the following cancer types:\n  (a) lung and bronchus;\n  (b) female breast;\n  (c) urinary bladder (including in situ);\n  (d) brain and other nervous system;\n  (e) colon and rectum;\n  (f) non-Hodgkin lymphomas;\n  (g) leukemias;\n  (h) thyroid;\n  (i) liver/intrahepatic bile duct;\n  (j) kidney and renal pelvis;\n  (k) prostate;\n  (l) oral cavity and pharynx;\n  (m) stomach;\n  (n) esophagus;\n  (o) larynx;\n  (p) pancreas;\n  (q) corpus uterus;\n  (r) ovary;\n  (s) testis;\n  (t) mesothelioma;\n  (u) bone;\n  (v) nasal and nasopharynx; and\n  (w) soft tissue sarcomas.\n  6. Plotting of data for cancer incidence and environmental facility\nmaps shall be by census block, except in cases where such plotting could\ndisclose the identity of any person to whom the data relate, in which\ncase census blocks shall be aggregated for plotting to protect the\nidentity of such person. When such aggregation is required, the\ndepartment shall utilize the minimum number of census blocks practicable\nto protect the identity of such person.\n  7. By March first, two thousand eleven the department shall make\navailable to the public information on cancer as designated by the\nenvironmental public health tracking program of the centers for disease\ncontrol and prevention, and, in consultation with the department of\nenvironmental conservation, current data on locations and type of\nenvironmental facilities.\n  8. By June thirtieth, two thousand eleven the department shall make\navailable to the public cancer incidence and environmental facility maps\nwhich show available information on the location of environmental\nfacilities and the total number of reported cancers by census block and\nassociated data for each reported cancer type listed in subdivision five\nof this section.\n  9. The department shall make available to the public cancer incidence\nand environmental facility maps in the manner described in subdivision\nfour of this section showing cancer clusters by cancer types. Prior to\nplotting such data, the department shall use an appropriate statistical\nmethod to detect statistical anomalies for the purpose of identifying\ncancer clusters.\n  The department shall make such maps available on its public website,\nand shall, in consultation with the department of environmental\nconservation, update the maps not less than once every five years.\n  * NB Repealed May 1, 2028\n
N.Y. ENV Law § 13-0101 — New York Code / Act ENV / Article 13 / Title 1 / Section 13-0101
Short title
Status: in_force

§ 13-0101. Short title.\n  Article 13 together with article 11 of the Environmental Conservation\nLaw shall be known as the Fish and Wildlife Law. Sections of article 13\nor of article 11 may be cited either as sections of the Environmental\nConservation Law or as sections of the Fish and Wildlife Law.\n
N.Y. PBH Law § 3403 — New York Code / Act PBH / Article 34 / Title 1 / Section 3403
Funeral directing; fees; fines; penalties; dispositions
Status: in_force

§ 3403. Funeral directing; fees; fines; penalties; dispositions. 1.\nAll fees, fines, penalties and other moneys derived from the operation\nof this article or rules promulgated pursuant thereto shall be paid to\nthe department and on the fifth day of each month shall be paid by the\ndepartment to the state treasury.\n  2. Moneys received pursuant to this article may be refunded to the\napplicant on proof satisfactory to the commissioner that:\n  (a) such moneys were in excess of the amounts required by law;\n  (b) examination for which application has been made and for which fee\nhas been paid was denied;\n  (c) the individual, corporation, or association which applied for\nregistration or license has ceased business prior to commencement of the\nperiod of such registration or license because of death, dissolution, or\nremoval from the state.\n  3. (a) All licensing and registration fees collected pursuant to this\narticle shall be deposited into the miscellaneous special revenue fund -\n339, the funeral directing program account, which is hereby established.\n  (b) Monies available in the funeral directing program account shall be\nused to support the department's activities relating to ensuring\ncompliance with the provisions of this chapter as they relate to the\npractice of funeral directing.\n
N.Y. ISC Law § 4903 — New York Code / Act ISC / Article 49 / Title 1 / Section 4903
Utilization review determinations
Status: in_force

§ 4903. Utilization review determinations. (a) Utilization review\nshall be conducted by:\n  (1) Administrative personnel trained in the principles and procedures\nof intake screening and data collection, provided however, that\nadministrative personnel shall only perform intake screening, data\ncollection and non-clinical review functions and shall be supervised by\na licensed health care professional;\n  (2) A health care professional who is appropriately trained in the\nprinciples, procedures and standards of such utilization review agent;\nprovided, however, that a health care professional who is not a clinical\npeer reviewer may not render an adverse determination; and\n  (3) A clinical peer reviewer where the review involves an adverse\ndetermination.\n  (b) (1) A utilization review agent shall make a utilization review\ndetermination involving health care services which require\npre-authorization and provide notice of a determination to the insured\nor insured's designee and the insured's health care provider by\ntelephone and in writing within three business days of receipt of the\nnecessary information, or for inpatient rehabilitation services\nfollowing an inpatient hospital admission provided by a hospital or\nskilled nursing facility, within one business day of receipt of the\nnecessary information.  The notification shall identify: (i) whether the\nservices are considered in-network or out-of-network; (ii) whether the\ninsured will be held harmless for the services and not be responsible\nfor any payment, other than any applicable co-payment, co-insurance or\ndeductible; (iii) as applicable, the dollar amount the health care plan\nwill pay if the service is out-of-network; and (iv) as applicable,\ninformation explaining how an insured may determine the anticipated\nout-of-pocket cost for out-of-network health care services in a\ngeographical area or zip code based upon the difference between what the\nhealth care plan will reimburse for out-of-network health care services\nand the usual and customary cost for out-of-network health care\nservices.\n  * (2) With regard to individual or group contracts authorized pursuant\nto article thirty-two, forty-three or forty-seven of this chapter or\narticle forty-four of the public health law, for utilization and review\ndeterminations involving proposed mental health and/or substance use\ndisorder services where the insured or the insured's designee has, in a\nformat prescribed by the superintendent, certified in the request that\nthe proposed services are for an individual who will be appearing, or\nhas appeared, before a court of competent jurisdiction and may be\nsubject to a court order requiring such services, the utilization review\nagent shall make a determination and provide notice of such\ndetermination to the insured or the insured's designee by telephone\nwithin seventy-two hours of receipt of the request. Written notice of\nthe determination to the insured or insured's designee shall follow\nwithin three business days. Where feasible, such telephonic and written\nnotice shall also be provided to the court.\n  * NB Effective until January 1, 2027\n  * (2) With regard to individual or group contracts authorized pursuant\nto article thirty-two, forty-three or forty-seven of this chapter or\narticle forty-four of the public health law, for utilization and review\ndeterminations involving proposed mental health and/or substance-related\nand addictive disorder services where the insured or the insured's\ndesignee has, in a format prescribed by the superintendent, certified in\nthe request that the proposed services are for an individual who will be\nappearing, or has appeared, before a court of competent jurisdiction and\nmay be subject to a court order requiring such services, the utilization\nreview agent shall make a determination and provide notice of such\ndetermination to the insured or the insured's designee by telephone\nwithin seventy-two hours of receipt of the request. Written notice of\nthe determination to the insured or insured's designee shall follow\nwithin three business days. Where feasible, such telephonic and written\nnotice shall also be provided to the court.\n  * NB Effective January 1, 2027\n  * (c) (1) A utilization review agent shall make a determination\ninvolving continued or extended health care services, additional\nservices for an insured undergoing a course of continued treatment\nprescribed by a health care provider, or requests for inpatient\nsubstance use disorder treatment, or home health care services following\nan inpatient hospital admission, and shall provide notice of such\ndetermination to the insured or the insured's designee, which may be\nsatisfied by notice to the insured's health care provider, by telephone\nand in writing within one business day of receipt of the necessary\ninformation except, with respect to home health care services following\nan inpatient hospital admission, within seventy-two hours of receipt of\nthe necessary information when the day subsequent to the request falls\non a weekend or holiday and except, with respect to inpatient substance\nuse disorder treatment, within twenty-four hours of receipt of the\nrequest for services when the request is submitted at least twenty-four\nhours prior to discharge from an inpatient admission. Notification of\ncontinued or extended services shall include the number of extended\nservices approved, the new total of approved services, the date of onset\nof services and the next review date.\n  (2) Provided that a request for home health care services and all\nnecessary information is submitted to the utilization review agent prior\nto discharge from an inpatient hospital admission pursuant to this\nsubsection, a utilization review agent shall not deny, on the basis of\nmedical necessity or lack of prior authorization, coverage for home\nhealth care services while a determination by the utilization review\nagent is pending.\n  (3) Provided that a request for inpatient treatment for substance use\ndisorder is submitted to the utilization review agent at least\ntwenty-four hours prior to discharge from an inpatient admission\npursuant to this subsection, a utilization review agent shall not deny,\non the basis of medical necessity or lack of prior authorization,\ncoverage for the inpatient substance use disorder treatment while a\ndetermination by the utilization review agent is pending.\n  * NB Effective until January 1, 2027\n  * (c) (1) A utilization review agent shall make a determination\ninvolving continued or extended health care services, additional\nservices for an insured undergoing a course of continued treatment\nprescribed by a health care provider, or requests for inpatient\nsubstance-related and addictive disorder treatment, or home health care\nservices following an inpatient hospital admission, and shall provide\nnotice of such determination to the insured or the insured's designee,\nwhich may be satisfied by notice to the insured's health care provider,\nby telephone and in writing within one business day of receipt of the\nnecessary information except, with respect to home health care services\nfollowing an inpatient hospital admission, within seventy-two hours of\nreceipt of the necessary information when the day subsequent to the\nrequest falls on a weekend or holiday and except, with respect to\ninpatient substance-related and addictive disorder treatment, within\ntwenty-four hours of receipt of the request for services when the\nrequest is submitted at least twenty-four hours prior to discharge from\nan inpatient admission. Notification of continued or extended services\nshall include the number of extended services approved, the new total of\napproved services, the date of onset of services and the next review\ndate.\n  (2) Provided that a request for home health care services and all\nnecessary information is submitted to the utilization review agent prior\nto discharge from an inpatient hospital admission pursuant to this\nsubsection, a utilization review agent shall not deny, on the basis of\nmedical necessity or lack of prior authorization, coverage for home\nhealth care services while a determination by the utilization review\nagent is pending.\n  (3) Provided that a request for inpatient treatment for\nsubstance-related and addictive disorder is submitted to the utilization\nreview agent at least twenty-four hours prior to discharge from an\ninpatient admission pursuant to this subsection, a utilization review\nagent shall not deny, on the basis of medical necessity or lack of prior\nauthorization, coverage for the inpatient substance-related and\naddictive disorder treatment while a determination by the utilization\nreview agent is pending.\n  * NB Effective January 1, 2027\n  (c-1) A utilization review agent shall grant a step therapy protocol\noverride determination within seventy-two hours of the receipt of\ninformation that includes supporting rationale and documentation from a\nhealth care professional which demonstrates that:\n  (1) The required prescription drug or drugs is contraindicated or will\nlikely cause an adverse reaction by or physical or mental harm to the\ninsured;\n  (2) The required prescription drug or drugs is expected to be\nineffective based on the known clinical history and conditions of the\ninsured and the insured's prescription drug regimen;\n  (3) The insured has tried the required prescription drug or drugs\nwhile under their current or a previous health insurance or health\nbenefit plan, or another prescription drug or drugs in the same\npharmacologic class or with the same mechanism of action and such\nprescription drug or drugs was discontinued due to lack of efficacy or\neffectiveness, diminished effect, or an adverse event;\n  (4) The insured is stable on a prescription drug or drugs selected by\ntheir health care professional for the medical condition under\nconsideration, provided that this shall not prevent a utilization review\nagent from requiring an insured to try an AB-rated generic equivalent\nprior to providing coverage for the equivalent brand name prescription\ndrug or drugs; or\n  (5) The required prescription drug or drugs is not in the best\ninterest of the insured because it will likely cause a significant\nbarrier to the insured's adherence to or compliance with the insured's\nplan of care, will likely worsen a comorbid condition of the insured, or\nwill likely decrease the covered individual's ability to achieve or\nmaintain reasonable functional ability in performing daily activities.\n  (c-2) For an insured with a medical condition that places the health\nof the insured in serious jeopardy without the prescription drug or\ndrugs prescribed by the insured's health care professional, the step\ntherapy protocol override determination shall be granted within\ntwenty-four hours of the receipt of information that includes supporting\nrationale and documentation from a health care professional\ndemonstrating one or more of the standards provided for in subsection\n(c-1) of this section.\n  (c-3) Upon a determination that the step therapy protocol should be\noverridden, the health care plan shall authorize immediate coverage for\nthe prescription drug prescribed by the insured's treating health care\nprofessional. Any approval of a step therapy protocol override\ndetermination request shall be honored until the lesser of either\ntreatment duration based on current evidence-based treatment guidelines\nor twelve months following the date of the approval of the request or\nrenewal of the insured's coverage.\n  (d) A utilization review agent shall make a utilization review\ndetermination involving health care services which have been delivered\nwithin thirty days of receipt of the necessary information.\n  (e) (1) Notice of an adverse determination made by a utilization\nreview agent shall be in writing and must include:\n  (i) the reasons for the determination including the clinical\nrationale, if any;\n  (ii) instructions on how to initiate standard appeals and expedited\nappeals pursuant to section four thousand nine hundred four and an\nexternal appeal pursuant to section four thousand nine hundred fourteen\nof this article;\n  (iii) notice of the availability, upon request of the insured, or the\ninsured's designee, of the clinical review criteria relied upon to make\nsuch determination. Such notice shall also specify what, if any,\nadditional necessary information must be provided to, or obtained by,\nthe utilization review agent in order to render a decision on the\nappeal; and\n  (iv) for an adverse determination related to a step therapy protocol\noverride request, information that includes the clinical review criteria\nrelied upon to make such determination and any applicable alternative\nprescription drugs subject to the step therapy protocol of the\nutilization review agent.\n  (2) A utilization review agent may provide notice of an adverse\ndetermination related to a step therapy protocol override determination\nelectronically pursuant to subsection (i) of this section, including by\nelectronic mail or through the health care plan's member portal and\nprovider portal. An electronic notice of such an adverse determination\nmay meet the requirements of subparagraph (iv) of paragraph one of this\nsubsection by linking to information posted on the website of the health\ncare plan.\n  (f) In the event that a utilization review agent renders an adverse\ndetermination without attempting to discuss such matter with the\ninsured's health care provider who specifically recommended the health\ncare service, procedure or treatment under review, such health care\nprovider shall have the opportunity to request a reconsideration of the\nadverse determination. Except in cases of retrospective reviews, such\nreconsideration shall occur within one business day of receipt of the\nrequest and shall be conducted by the insured's health care provider and\nthe clinical peer reviewer making the initial determination or a\ndesignated clinical peer reviewer if the original clinical peer reviewer\ncannot be available. In the event that the adverse determination is\nupheld after reconsideration, the utilization review agent shall provide\nnotice as required pursuant to subsection (e) of this section. Nothing\nin this section shall preclude the insured from initiating an appeal\nfrom an adverse determination.\n  (g) Failure by the utilization review agent to make a determination\nwithin the time periods prescribed in this section shall be deemed to be\nan adverse determination subject to appeal pursuant to section four\nthousand nine hundred four of this title, provided, however, that\nfailure to meet such time periods for a step therapy protocol as defined\nin subsection (g-9) of section forty-nine hundred of this title or a\nstep therapy protocol override determination pursuant to subsections\n(c-1), (c-2) and (c-3) of this section shall be deemed to be an override\nof the step therapy protocol. A utilization review agent's failure to\ncomply with any of the step therapy protocol requirements required in\nparagraphs fifteen and sixteen of subsection (a) of section four\nthousand nine hundred two of this title shall be considered a basis for\ngranting an override of the step therapy protocol, absent fraud.\n  (h) The superintendent, in conjunction with the commissioner of\nhealth, shall develop standards for prior authorization requests to be\nutilized by all health care plans for the purposes of submitting a\nrequest for a utilization review determination for coverage of\nprescription drug benefits under this article. The department and the\ndepartment of health, in development of the standards, shall take into\nconsideration existing electronic prior authorization standards\nincluding National Council for Prescription Drug Programs (NCPDP)\nelectronic prior authorization standard transactions.\n  (i) A utilization review agent shall have procedures for obtaining an\ninsured's, or insured's designee's, preference for receiving\nnotifications, which shall be in accordance with applicable federal law\nand with guidance developed by the superintendent. Written and telephone\nnotification to an insured or the insured's designee under this section\nmay be provided by electronic means where the insured or the insured's\ndesignee has informed the utilization review agent in advance of a\npreference to receive such notifications by electronic means. A\nutilization review agent shall permit the insured and the insured's\ndesignee to change the preference at any time. To the extent\npracticable, such written and telephone notification to the insured's\nhealth care provider shall be transmitted electronically, in a manner\nand in a form agreed upon by the parties. The utilization review agent\nshall retain documentation of preferred notification methods and present\nsuch records to the superintendent upon request.\n
N.Y. PBH Law § 2404 — New York Code / Act PBH / Article 24 / Title 1 / Section 2404
Breast cancer; duty to inform
Status: in_force

§ 2404. Breast cancer; duty to inform.  1. The commissioner shall\ndevelop a standardized written summary, in plain non-technical language,\nwhich shall explain the alternative medically viable methods of treating\nbreast cancer, including but not limited to hormonal, radiological,\nchemotherapeutic or surgical treatments, or combinations thereof. The\nsummary shall contain information on breast or chest wall reconstructive\nsurgery, including but not limited to, the use of breast implants, their\nside effects, risks and other pertinent information to aid a person in\ndeciding on a course of treatment. Chest wall reconstructive information\nshall include information on aesthetic flat closure as such term is\ndefined by the National Cancer Institute.\n  1-a. The informational summary shall also include an explanation of\nthe special provisions relating to mastectomy, lymph node dissection, or\nlumpectomy, and breast or chest wall reconstructive surgery coverage,\nand second opinion coverage (including out-of-network options) under the\ninsurance law and section twenty-eight hundred three-o of this chapter,\nand suggest that patients undergoing such procedures check their health\nplans and/or insurance policies for the details of their coverage.\n  2. The standardized written summary for alternative breast cancer\ntreatments shall be provided by a physician to each person under his\ncare who has been diagnosed to be afflicted with breast cancer upon said\ndiagnosis, or as soon thereafter as practicable.\n  3. The summary shall be updated as is necessary.\n  4. Nothing in this section shall be construed to create a cause of\naction for lack of informed consent in any instance in which such cause\nof action would be limited by section twenty-eight hundred five-d of\nthis chapter.\n
N.Y. EDN Law § 280 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 280
Penalty for disobedience to library law, rules or orders
Status: in_force

§ 280. Penalty for disobedience to library law, rules or orders.  The\ncommissioner of education is hereby authorized to withhold its share of\npublic school moneys from any city or district which uses school library\nmoneys for any other purpose than that for which they are provided, or\nfor any wilful neglect or disobedience of the law or the rules or orders\nof said commissioner in the premises.\n