NY Soc Serv L § 398 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 2 - Powers and Duties of Public Welfare Officials 398 - Additional Powers and Duties of Commissioners of Public Welfare and Certain City Public Welfare Officers in Relation to Children.

§ 398. Additional powers and duties of commissioners of public welfare and  certain  city  public  welfare  officers  in  relation to children. Commissioners  of  public  welfare  and  city  public  welfare  officers responsible  under  the  provisions  of  a  special or local law for the children hereinafter specified shall have powers and perform  duties  as follows:   1. As to destitute children:  (a)  offer preventive services in accordance with section four hundred nine-a of  this  article  when  necessary  to  avert  an  impairment  or disruption  of a family which could result in the placement of the child in foster care;  (b) report to the local criminal justice agency and to  the  statewide central  register  for  missing  children  as described in section eight hundred thirty-seven-e of the executive law such relevant information as required on a form prescribed by the commissioner  of  the  division  of criminal justice services, in appropriate instances; and  (c) assume charge of and provide care and support for any child who is a  destitute  child  pursuant  to  paragraph (a) of subdivision three of section three hundred seventy-one of this article who cannot be properly cared for in his or her home, and if required, petition the family court to obtain custody of the child in accordance with article ten-C  of  the family court act.   2. As to neglected, abused or abandoned children:  (a)  Investigate the alleged neglect, abuse or abandonment of a child, offer protective social services to prevent  injury  to  the  child,  to safeguard  his  welfare,  and  to  preserve  and  stabilize  family life wherever possible and, if necessary, bring the case  before  the  family court  for  adjudication  and care for the child until the court acts in the matter and, in the  case  of  an  abandoned  child,  shall  promptly petition the family court to obtain custody of such child.  (b)  Receive and care for any child alleged to be neglected, abused or abandoned who is temporarily placed in his  care  by  the  family  court pending  adjudication  by  such  court  of the alleged neglect, abuse or abandonment including the authority to establish, operate, maintain  and approve  facilities  for such purpose in accordance with the regulations of the department; and receive and care for  any  neglected,  abused  or abandoned child placed or discharged to his care by the family court.  (c) Any facility designated as of the effective date of this act shall not  be  disapproved  except  after  consultation  with  the designating appellate division.  (d) The local social services department  shall  list  all  facilities approved  under  this  article  for  the  temporary  custody and care of children remanded by the family court and shall file a copy of that list periodically with the clerk of the family court in each  county  in  the judicial district in which the facility is located.  (e)  Report to the local registrar of vital statistics of the district in which the child was found the sex, color, approximate date of  birth, place  of  finding,  and the name assigned to any child who may be found whose parents are unknown, within ten days whenever possible  after  the child  is found, on a form prescribed therefor by the state commissioner of health, and report the subsequent identification of any such child to the state commissioner of health; provided, however, that in the city of New York such form shall be prescribed by, and such report shall be made to, the department of health.  (f) Report to the local criminal justice agency and to  the  statewide central  register  for  missing  children  as described in section eight hundred thirty-seven-e of the executive law such information as required on a form prescribed by the commissioner of  the  division  of  criminal  justice  services  within  forty-eight hours after an abandoned child is found.   3. As to delinquent children and persons in need of supervision:  (a) Investigate complaints as to alleged delinquency of a child.  (b)  Bring  such case of alleged delinquency when necessary before the family court.  (c) Receive within fifteen days from  the  order  of  placement  as  a public charge any delinquent child committed or placed or person in need of  supervision  placed in his or her care by the family court provided, however, that the commissioner of the social services district with whom the child is placed may apply to the state commissioner or  his  or  her designee  for  approval  of  an  additional  fifteen  days, upon written documentation to the office of children and  family  services  that  the youth  is in need of specialized treatment or placement and the diligent efforts by the commissioner of social services to locate an  appropriate placement.   * 3-a. As to delinquent children:  (a)(1)  Conditionally  release any juvenile delinquent placed with the district to  aftercare  whenever  the  district  determines  conditional release  to  be  consistent  with  the  needs and best interests of such juvenile delinquent, that suitable care and supervision can be provided, and that there is a reasonable probability that such juvenile delinquent can  be  conditionally  released  without  endangering  public   safety; provided,  however,  that  such  conditional  release  shall  be made in accordance with the regulations of the office  of  children  and  family services,  and provided further that no juvenile delinquent while absent from a facility or program without the consent of the director  of  such facility  or  program  shall  be  conditionally released by the district solely by reason of the absence.  (2) It shall be a condition of such release that a juvenile delinquent so released shall continue  to  be  the  responsibility  of  the  social services district for the period provided in the order of placement.  (3)  The  social  services district may provide clothing, services and other necessities for any conditionally released juvenile delinquent, as may be required, including medical care and  services  not  provided  to such  juvenile  delinquent  as  medical  assistance  for  needy  persons pursuant to title eleven of article five of this chapter.  (4) The social services district, pursuant to the regulations  of  the office  of children and family services, may cause a juvenile delinquent to be returned to a facility operated and maintained by the district, or an authorized agency under contract  with  the  district,  at  any  time within  the  period  of  placement,  where  there  is a violation of the conditions of release or a change of circumstances.  (5) Juvenile delinquents conditionally released by a  social  services district may be provided for as follows:  (i)  If,  in  the opinion of the social services district, there is no suitable parent, relative or guardian to whom a juvenile delinquent  can be  conditionally  released,  and  suitable  care  cannot  otherwise  be secured, the district may conditionally release such juvenile delinquent to the care of any other  suitable  person;  provided  that  where  such suitable  person  has  no  legal  relationship  with  the  juvenile, the district shall advise  such  person  of  the  procedures  for  obtaining custody or guardianship of the juvenile.  (ii)  If  a  conditionally  released juvenile delinquent is subject to article sixty-five of the education law or elects to participate  in  an educational program leading to a high school diploma, he or she shall be enrolled  in  a  school  or educational program leading to a high school diploma following release, or, if such release occurs during the  summer  recess,   upon   the   commencement  of  the  next  school  term.  If  a conditionally released juvenile delinquent is  not  subject  to  article sixty-five of the education law, and does not elect to participate in an educational  program  leading  to  a high school diploma, steps shall be taken, to  the  extent  possible,  to  facilitate  his  or  her  gainful employment or enrollment in a vocational program following release.  (b)  When  a  juvenile  delinquent  placed  with  the  social services district is absent from placement without consent,  such  absence  shall interrupt  the  calculation  of  time  for  his  or  her placement. Such interruption shall continue until such juvenile  delinquent  returns  to the  facility  or  authorized  agency  in  which  he  or she was placed. Provided, however, that any time  spent  by  a  juvenile  delinquent  in custody  from the date of absence to the date placement resumes shall be credited against the time of such placement provided that such custody:  (1) was due to an arrest or surrender based upon the absence; or  (2) arose from an arrest or surrender on another charge which did  not culminate in a conviction, adjudication or adjustment.  (c) In addition to the other requirements of this section, no juvenile delinquent  placed with a social services district operating an approved juvenile justice services close to home initiative pursuant  to  section four  hundred  four  of this chapter pursuant to a restrictive placement under the family court act shall be released except pursuant to  section 353.5 of the family court act.   * NB Repealed March 31, 2023   4. As to mentally disabled and physically handicapped children:  (a)  Obtain  admission to state and other suitable schools, hospitals, other institutions, or care in their own homes  or  in  family  free  or boarding  homes  or  in  agency  boarding  homes or group homes for such children in accordance with the provisions of the  mental  hygiene  law, education law and acts relating to the family court.  (b)  Maintain supervision over such disabled or physically handicapped children as are not in institutions, hospitals or schools or  under  the jurisdiction of the family court.   5. As to children born out of wedlock:  (a)  Provide  care  in  a  family  free or boarding home, in an agency boarding home or group home or in an institution for any child born  out of  wedlock and for his mother as for any other person in need of public assistance and care during pregnancy and during and after delivery, when in the judgment of such social services official needed care  cannot  be provided  in  the mother's own home. However, nothing in this section or elsewhere in this chapter contained shall be construed to make any  such child  or his mother ineligible for such care away from home, regardless of ability or liability to pay therefor; provided, however, that  except as  hereinafter  provided, it shall rest in the discretion of the social services official, in view of all the facts and circumstances present in each case, to determine whether or not to require such  mother,  or  any other  person  or  persons  liable  by  law to contribute to the support thereof, to pay all or any part of such cost, pursuant to the provisions of this section or any other section of this chapter.  Any  inconsistent provision of law notwithstanding, the acceptance by a private authorized adoption  agency of an absolute surrender of a child born out of wedlock from the mother of such  child  shall  relieve  her  from  any  and  all liability  for  the  support  of  such  child. When in the judgment of a social services official needed care cannot be provided in the home of a minor pregnant with  an  out  of  wedlock  child,  and  he  has  made  a determination  pursuant  to  subdivision  one  of  section  one  hundred thirty-two  of  this  chapter  not  to  make  an  investigation  of  the circumstances  of  such  minor  and  not to require support from persons  liable therefor, the authorization of such social services  official  of necessary  medical  care  for  such  minor shall have the same force and effect as a consent executed by a parent or guardian of such minor.  (b)  Institute  proceedings  to  establish  paternity  and  secure the support and education of any  child  born  out  of  wedlock  or  make  a compromise  with  the  father  of  such  child,  in  accordance with the provisions of law, relating to children born out of wedlock.  (c) Hold and disburse the money received from such a compromise or pay it to the mother if she gives security for the support of the child.  (d) When practicable, require the mother to contribute to the  support of the child.   6. As to all foregoing classes of children:  (a) Investigate the family circumstances of each child reported to him as  destitute,  neglected,  abused,  delinquent,  disabled or physically handicapped in order to determine what assistance and care,  supervision or treatment, if any, such child requires.  (b)  Provide  for  expert mental and physical examination of any child whom he has reason to  suspect  of  mental  or  physical  disability  or disease and pay for such examination from public funds, if necessary.  (c) Provide necessary medical or surgical care in a suitable hospital, sanatorium, preventorium or other institution or in his own home for any child  needing  such  care  and  pay for such care from public funds, if necessary. However, in the case of a child or minor who is  eligible  to receive  care  as medical assistance for needy persons pursuant to title eleven of article five of this chapter,  such  care  shall  be  provided pursuant to the provisions of that title.  (d)  Ascertain  the  financial  ability of the parents of children who become public charges and collect toward the  expense  of  such  child's care such sum as the parents are able to pay.  (e)  Collect  from  parents whose children have been discharged to his care by the family court such sums as they are ordered to  pay  for  the maintenance  of such children and report any failure to comply with such order to such court.  (f) When in his judgment it is advisable for the welfare of the child, accept the  surrender  of  a  child  by  an  instrument  in  writing  in accordance  with  the  provisions  of  this  chapter.  Any  inconsistent provision of law notwithstanding, the acceptance by the social  services official  of  a surrender of a child born out of wedlock from the mother or father  of  such  child  shall  relieve  the  parent  executing  such surrender from any and all liability for the support of such child.  (g)  (1)  Place  children  in  its care and custody or its custody and guardianship, in suitable  instances,  in  supervised  settings,  family homes,  agency  boarding  homes,  group  homes or institutions under the proper safeguards. Such placements  can  be  made  either  directly,  or through  an  authorized agency, except that, direct placements in agency boarding homes or group  homes  may  be  made  by  the  social  services district  only  if  the  office  of  children  and  family  services has authorized the district to operate such homes  in  accordance  with  the provisions  of  section three hundred seventy-four-b of this article and only if suitable care is not otherwise available through  an  authorized agency  under  the control of persons of the same religious faith as the child. Where such district places  a  child  in  a  supervised  setting, agency  boarding  home,  group  home or institution, either directly, or through an authorized agency, the district shall certify in  writing  to the office of children and family services, that such placement was made because  it  offers  the most appropriate and least restrictive level of care for the child, and, is more appropriate than a family  foster  home placement,  or,  that  such  placement is necessary because there are no  qualified foster families available within the district who can care for the child. If placements  in  agency  boarding  homes,  group  homes  or institutions  are  the  result  of  a  lack  of  foster parents within a particular  district,  the  office of children and family services shall assist such district to recruit and  train  foster  parents.  Placements shall  be made only in institutions visited, inspected and supervised in accordance with title  three  of  article  seven  of  this  chapter  and conducted   in   conformity  with  the  applicable  regulations  of  the supervising state agency in accordance with title three of article seven of this chapter. With the approval of the office of children and  family services,  a  social services district may place a child in its care and custody or its custody and guardianship in a federally funded job  corps program  and  may  receive  reimbursement  for  the  approved  costs  of appropriate program administration and supervision pursuant  to  a  plan developed by the department and approved by the director of the budget.  (2)  A  social  services  district  may  place a child in its care and custody or its custody and guardianship in a home or  facility  operated or  licensed  by any office of the department of mental hygiene, subject to the relevant provisions of the mental hygiene law and  the  admission criteria  of the facility. The director of the budget may authorize such transfers of appropriations under the provisions of section fifty of the state finance law as may be necessary to  secure  federal  reimbursement for such placements.  (3) (i) Effective sixty days after the enactment of this subparagraph, there  is  hereby  established  within a social services district with a population in excess of two million  a  two-year  demonstration  project which  affords authorized agencies with which foster children are placed enhanced administrative  flexibility.  Pursuant  to  such  demonstration project,  an  authorized  agency with which the social services district has placed a child shall have the authority to:  (A) give all necessary consents to the discharge  of  the  child  from foster  care when such authorized agency has submitted a written request for approval of such discharge to the social services official  and  the social  services  official  has  not  disapproved  such discharge within thirty days of receiving such request;  (B) change a goal for  the  child  when  such  authorized  agency  has submitted  a  written request for approval of such change of goal to the social services official  and  the  social  services  official  has  not disapproved such goal within thirty days of receiving such request;  (C)  commence  a  proceeding  to free the child for adoption when such authorized agency has submitted a written request for  approval  of  the commencement  of such proceeding to the social services official, if the social services official has not disapproved  such  commencement  within thirty  days  of  receiving  such  request, in which case such a request shall be deemed approved; and  (D) consent to the adoption of a child whose custody and guardianship, or of a child where such child's parents are both deceased, or where one parent is deceased and the  other  parent  is  not  entitled  to  notice pursuant  to sections one hundred eleven and one hundred eleven-a of the domestic relations law, and whose care and custody, has been transferred to a social services district and who has  been  placed  by  the  social services  official with the authorized agency when the authorized agency has submitted a written request for approval to consent to the adoption, if the social services district  has  not  disapproved  the  request  to consent  to  adoption  within  sixty days after its submission, in which case such request shall be deemed approved and the authorized agency may give all necessary consent to the adoption of the child.  (ii) Nothing herein shall result in the transfer of care  and  custody or custody and guardianship of a child from the social services official to the authorized agency.  (iii)  Within  three  months  of  the  conclusion of the demonstration project, such social services district  shall  issue  a  report  to  the department  regarding  the  effectiveness  of the demonstration project. Such report shall include recommendations  for  possible  statutory  and regulatory amendments in relation to the administration of foster care.  (4)  A  social  services  district  may  place a child in its care and custody or its custody and guardianship in a family  home  certified  by the  division  for  youth,  which  shall  not include a group home. Such placements shall be subject to the relevant provisions of this  chapter, the executive law and the admission criteria of the home.  (h)  Supervise  children  who  have  been  cared  for  away from their families until such children become twenty-one years  of  age  or  until they  are  discharged  to  their own parents, relatives within the third degree or guardians, or adopted, provided, however, that in the case  of a  child  who  is  developmentally  disabled  as such term is defined in section 1.03  of  the  mental  hygiene  law,  emotionally  disturbed  or physically  handicapped,  and  who  is  receiving  care in a group home, agency  boarding  home  or  any  child  care  facility  operated  by  an authorized  agency with a capacity of thirteen or more children, and who is in receipt of educational services and under the care and custody  of a local department of social services, the commissioner of the office of children  and family services shall allow such child who reaches the age of twenty-one during the period commencing on the first day of September and ending on the thirtieth day of June to be entitled  to  continue  in such program until the thirtieth day of June or until the termination of the school year, whichever shall first occur.  (j) Permit children and minors who are being cared for away from their own  homes  as  public  charges  to  retain  the maximum amount of their monthly earned income for future identifiable needs in  accordance  with the  regulations  of  the department and consistent with the federal law applicable to the treatment of income and resources  under  the  aid  to families with dependent children program.  (k) In accordance with regulations of the department, provide suitable vocational  training through any institution licensed or approved by the state education department, for any minor in his care  who  demonstrates to  his  satisfaction  the  possession  of  talent, aptitude and ability necessary to benefit therefrom, provided such minor could not  otherwise obtain  such  training.  Expenditures  may  be  made for tuition, books, supplies, and all other necessary items to enable such minor  to  obtain such training.  (l)   In  accordance  with  regulations  of  the  department,  provide maintenance in a summer camp for children and minors who are being cared for away from their own homes as public charges, when in his judgment it is advisable for the welfare of such children and minors.  (n) When it is in the best interest of the child, place a child who is being returned to foster care, following an interruption in care,  or  a child  who  is  being  returned  to  a  family  boarding  home following placement in a foster care facility with the foster  care  parents  with whom  that  child  was  last  placed,  notwithstanding the provisions of subdivisions three and four of section three  hundred  seventy-eight  of this  chapter.  When it is in the best interests of the minor parent and the minor parent's child or children, place  the  minor  parent  who  is being returned to foster care following an interruption in care, and the minor  parent's  child  or  children  or  the  minor parent who is being returned to a family boarding home following placement in a foster  care  facility  and  the minor parent's child or children with the foster care parents with whom the minor parent was last placed, notwithstanding  the provisions  of  subdivisions  three  and  four  of section three hundred seventy-eight of this chapter.  (o)  Compliance  with  a  court order enforcing visitation rights of a non-custodial parent or grandparent pursuant to part  eight  of  article ten  of  the  family court act, subdivision ten of section three hundred fifty-eight-a or paragraph (d)  of  subdivision  two  of  section  three hundred eighty-four-a of this chapter, and responsibility for the return of such child after visitation so ordered.   * (p)  Provide  respite  care  for  children who have special needs as described in subdivision fifteen of  this  section  including,  but  not limited  to,  those  children  who  are  diagnosed as having AIDS or HIV related disease. For the purposes of this paragraph, respite care  shall mean  the  provision  of  temporary  care and supervision of children on behalf of a foster parent of a child with such special needs. Such  care may  be  provided  by  a foster family boarding home, an agency operated boarding home, a group home, an institution or by  an  authorized  staff member of such programs or other provider approved by the local district based  on the individual circumstances of the caregiver and the needs of the child, for up to three consecutive weeks  but  no  more  than  seven weeks in a calendar year. The department shall, by regulation, establish standards for respite care and training for the providers of such care.   * NB There are 2 par (p)'s   * (p)   Consistent  with  the  provisions  of  this  chapter,  provide necessary care, services and supervision including medical  care,  to  a child  placed  in foster care pursuant to subparagraph (ii) of paragraph (a) of subdivision two of section ten hundred seventeen  of  the  family court  act,  and  reimbursement  therefor  to relatives of such child as approved foster parents with whom such child is residing.   * NB There are 2 par. (p)'s   7. Notwithstanding any inconsistent provisions of law, no city forming part of a county public welfare district may hereafter assume any of the powers, duties and responsibilties mentioned in this  section.  However, this  subdivision  shall not be deemed or construed to prohibit a public welfare officer of a city  forming  part  of  a  county  public  welfare district  from  exercising  and  performing  on  behalf  of  the  county commissioner of public welfare, pursuant  to  the  provisions  of  title three-a of article three, any of the powers and duties mentioned in this section.  A  city forming part of a county public welfare district which heretofore  assumed  or  upon   which   was   heretofore   imposed   the responsibility  for  providing  any  or  all of the assistance, care and service mentioned in this section, shall hereafter continue to have such responsibility,  provided,  however,  that  the  continuance   of   such responsibility   shall   be  consistent  with  the  powers,  duties  and responsibilities of such city under and pursuant to  the  provisions  of title three-a of article three.   8.  A  public  welfare official who is authorized to place children or minors in homes or institutions pursuant to provisions of  this  section shall have the power to place children or minors in a public institution for children.   9. A social services official shall have the same authority as a peace officer  to  remove a child from his home without an order of the family court and without the consent of the parent or  person  responsible  for such  child's care if the child is in such condition that his continuing in the home presents an imminent danger to the child's life  or  health. When a child is removed from his home pursuant to the provisions of this subdivision,  the  social  services  official  shall promptly inform the  parent or person responsible for such child's care and the family  court of his action.   10.  Any  provision  of this chapter or any other law notwithstanding, where a foster child for whom a social services official has been making foster care payments is in attendance at a college  or  university  away from his or her foster family boarding home, group home, agency boarding home  or  institution,  and  residing  in  a supervised setting or other approved location, a social services official may make foster  payments, at a rate to be developed by the office of children and family services, to  such college or university, provider of room and board, or youth, as appropriate, in lieu of payment to  the  foster  parents  or  authorized agency,  for  the  purpose of room and board, if not otherwise provided. Such rate shall be no lower than the rate paid for a child's care  in  a foster family boarding home.   11.  In  the  case  of  a child who is adjudicated a person in need of supervision or a juvenile delinquent and is placed by the  family  court with  the division for youth and who is placed by the division for youth with an authorized agency pursuant to court order, the  social  services official  shall  make expenditures in accordance with the regulations of the department for the care and maintenance of  such  child  during  the term  of  such placement subject to state reimbursement pursuant to this title, or article nineteen-G of the executive law in applicable cases.   12. A social services official shall be  permitted  to  place  persons adjudicated in need of supervision or delinquent, and alleged persons to be  in need of supervision in detention pending transfer to a placement, in the same foster care facilities as are providing care  to  destitute, neglected,  abused  or  abandoned  children. Such foster care facilities shall not provide care to a youth in  the  care  of  a  social  services official as a convicted juvenile offender.   13.  (a)  In  the case of a child with a handicapping condition who is placed, pursuant to this chapter, in a foster care agency or institution located outside the state, and who attains  the  age  of  eighteen,  the social services official shall:  (i)  determine  whether such child will need services after the age of twenty-one, and, if such need exists;  (ii) assess the nature of the services required;  (iii) notify the parent or guardian of such child's need for services; and  (iv)  upon  the  written  consent  of  the  parent  or  guardian,  and notwithstanding  section  three  hundred  seventy-two  of  this article, submit a report on the child's need for services after age twenty-one to the department for planning purposes.  (b) Upon the written consent of the parent or guardian, the department shall submit the report received  pursuant  to  paragraph  (a)  of  this subdivision to the council on children and families.  (c)  When a child's report is submitted to the council on children and families pursuant to this subdivision, the council shall cooperate  with adult  service providers, such as the department of social services, the office for people with and developmental  disabilities,  the  office  of mental  health  and  the  office  of  vocational  rehabilitation  of the education department in planning and coordinating such child's return to New York state for adult services. The council shall  arrange  with  the appropriate  state agency for the development of a recommendation of all appropriate  in-state  programs   operated,   licensed,   certified   or authorized  by  such  agency  and which may be available when such child attains the age of twenty-one. Such recommendation of all programs shall be made available to the parent or guardian of such child at  least  six months  before  such  child  attains the age of twenty-one. All records,  reports and information received, compiled or maintained by the  council pursuant  to  this  subdivision  shall be subject to the confidentiality requirements of the department.   14. (a) In the case of a child who is developmentally disabled as such term  is  defined in section 1.03 of the mental hygiene law, emotionally disturbed or physically handicapped and who is receiving care in a group home, agency boarding home, or any child care facility  operated  by  an authorized  agency  with  a  capacity  of thirteen or more children, who attains the age of eighteen and who will continue in such care after the age of eighteen, or who  is  placed  in  such  care  after  the  age  of eighteen,  the  social  services  official  shall  notify  the parent or guardian of such child that such care will  terminate  when  such  child attains  the age of twenty-one provided, however, that any such child in receipt of educational services and under the  care  and  custody  of  a local  department  of  social services who reaches the age of twenty-one during the period commencing on the first day of September and ending on the thirtieth day of June shall be entitled to continue in such  program until  the  thirtieth day of June or until the termination of the school year, whichever shall first occur. Such notice shall be in  writing  and shall  describe  in  detail  the  parent's  or guardian's opportunity to consent to having such child's name and other information forwarded in a report to the commissioner of mental health, commissioner of the  office for people with developmental disabilities, commissioner of education or commissioner  of  the  office  of  children and family services or their designees for the purpose of determining whether such child will  likely need  services  after  the  age  of  twenty-one and, if so, recommending possible adult services.  (b)  Upon  the  written  consent  of  the  parent  or  guardian,   and notwithstanding  section  three hundred seventy-two of this article, the social services official shall submit a report on such child's  possible need  for  services  after  age twenty-one to the commissioner of mental health,  commissioner  of  the  office  for  people  with  developmental disabilities,   commissioner  of  social  services  or  commissioner  of education or their designees for the  development  of  a  recommendation pursuant  to  section  7.37  or 13.37 of the mental hygiene law, section three hundred ninety-eight-c of this title or subdivision ten of section four thousand four hundred  three  of  the  education  law.  The  social services  official  shall determine which commissioner shall receive the report by considering the child's handicapping condition. If the  social services  official  determines  that  the child will need adult services from  the  department  and  such  social  services   official   is   the commissioner's  designee  pursuant to this subdivision and section three hundred ninety-eight-c of this  title,  such  social  services  official shall   perform   the   services  described  in  section  three  hundred ninety-eight-c of this title.  (c) A copy of such report shall also be submitted to the department at the same time that such report  is  submitted  to  the  commissioner  of mental  health, commissioner of the office for people with developmental disabilities or commissioner of education or their designees.  (d) When the social services official is notified by the  commissioner who  received  the  report that such state agency is not responsible for determining and recommending adult services for the  child,  the  social services  official shall forward the report to another commissioner; or, if the social services official determines that there exists  a  dispute between  state  agencies as to which state agency has the responsibility for determining and recommending adult  services,  the  social  services official  may forward the report to the council on children and families for a resolution of such dispute.  (e) The social services official shall prepare and  submit  an  annual report  to the department on October first, nineteen hundred eighty-four and thereafter on or before October first  of  each  year.  Such  annual report  shall contain the number of cases submitted to each commissioner pursuant  to paragraph (b) of this subdivision, the type and severity of the handicapping condition of each such  case,  the  number  of  notices received  which  deny  responsibility  for  determining and recommending adult services, and other information necessary for the  department  and the  council  on  children  and  families  to monitor the need for adult services, but shall not contain personally identifying information.  The department shall forward copies of such annual reports to the council on children  and  families.  All  information  received  by  the council on children and families pursuant to this paragraph shall be subject to the confidentiality requirements of the department.   15. (a) In the case of a child who has special needs  due  to  a  high level of disturbed behavior, emotional disturbance or physical or health needs  as  determined  by  the district in accordance with the rules and regulations of the department and who has been placed with a therapeutic foster  parent,  the  social  services  official  shall  make  available periodic  respite  care services for such parent, necessary consultation services between the therapeutic foster care  parent  and  professionals familiar  with  the  special  needs  of the child and such other support services as are reasonably necessary to prevent placement of  the  child in a group home, an agency operated boarding home or an institution.  (b)  Prior  to  placement  of  a child who has been determined to have special needs with a therapeutic  foster  parent,  the  social  services official  shall  require  such  foster  parent  to  complete an approved training  program.   The   department   shall   not   provide   enhanced reimbursement  for  such  placement  unless the social services official certifies that the foster parent has successfully completed an  approved training program.  (c)  A social services official shall require that the family services plan developed pursuant to section four hundred nine-e of  this  article for  a child placed with a therapeutic foster parent include a treatment plan prepared in consultation with the  therapeutic  foster  parent  and approved by the social services official.   16.  Notwithstanding any provision of law to the contrary, with regard to the placement of  all  categories  of  foster  children,  the  social services official or the voluntary authorized agency under contract with such  official  must  consider giving preference to placement of a child with an adult relative over a non-related caregiver, provided  that  the relative caregiver meets relevant child welfare standards.