NY Soc Serv L § 20 (2021)
2021 New York Laws SOS - Social Services Article 2 - Department and State Board of Social Welfare 20 - Powers and Duties of the Department.

§ 20. Powers and duties of the department.   2. The department shall, as provided in this chapter:  (a)  administer  all  the  forms  of public welfare work for which the state is responsible;  (b)  supervise  all  social  services  work,  as  the  same   may   be administered  by  any  local  unit of government and the social services officials thereof within the state, advise them in  the  performance  of their  official  duties and regulate the financial assistance granted by the state in connection with said work;  (c) distribute, reimburse and  grant  as  herein  provided  the  funds appropriated  by  the  legislature  for such participation and also such funds as may be received from the federal government for such purpose or purposes.   3. The department is authorized:  (a) to supervise local social services departments and  in  exercising such  supervision  the  department  shall  approve  or disapprove rules, regulations and procedures  made  by  local  social  services  officials within  thirty  days  after  filing  of same with the commissioner; such rules, regulations and procedures  shall  become  operative  immediately upon  approval  or  on  the  thirtieth  day after such submission to the commissioner unless the commissioner shall specifically disapprove  said rule,  regulation  or  procedure  as  being  inconsistent  with  law  or regulations of the department;  (b) in  accordance  with  the  provisions  of  this  chapter  to  make reimbursements   of   local  welfare  costs  on  a  participating  basis established by law,  to  advance  grants  of  money  for  local  welfare purposes and to administer a discretionary fund for such purposes within the limit of available appropriations;  (c)  to pay such per centum as the legislature shall determine, of the salaries of local administrative personnel as it shall determine  to  be qualified to perform the duties assigned;  (d)  to  establish  rules,  regulations  and policies to carry out its powers and duties under this chapter;  (e) to withhold or deny state reimbursement, in whole or in part, from or to any social services district or any city or town thereof,  in  the event  of  the  failure  of  either of them to comply with law, rules or regulations of the department relating to public assistance and care  or the administration thereof;  (f)  to  promulgate  any  regulations  the commissioner determines are necessary, in accordance with the  provisions  of  section  one  hundred eleven-b  of  this chapter, and to withhold or deny state reimbursement, in whole or in part, from or to any social  services  district,  in  the event  of  the  failure  of  any  such  district  to  comply  with  such regulations relating to such  district's  organization,  administration, management  or program. Upon withholding or denying state reimbursement, the commissioner shall notify the temporary president of the senate, the speaker of the assembly and the chairmen of the senate finance committee and assembly ways and means committee;  (g) to formulate plans for the recruitment, utilization  and  training of  volunteers  to  assist  in  performing  services and other duties in social services districts for the purpose of improving participation  in public welfare programs;  (h) for the purpose of the proper administration of programs of public assistance  and  care,  to  enter  into agreements not inconsistent with federal law, with public agencies responsible for the administration  of public  assistance  and  care in any geographically contiguous state, to receive information from such public  agencies  which  is  substantially similar  to  information  obtained  by  the  department  from  the  wage  reporting system operated  by  the  state  department  of  taxation  and finance  pursuant  to  section  one hundred seventy-one-a of the tax law and, subject to the approval of the state  department  of  taxation  and finance,  to provide such public agencies with information obtained from such wage reporting system; provided, however, that  no  such  agreement shall  be  entered  into  with  a  public  agency  of any geographically contiguous state unless such state has by law established  standards  of confidentiality  which  are  substantially similar to those contained in this chapter  prohibiting  the  disclosure  of  such  information.  Upon receipt  of  wage  information from such public agencies, the department shall furnish such information to the local social services districts;  (i)  to  assure  conformance  with  federal  law,  by  entering   into agreements  with  the  federal social security administration and public agencies in other states responsible for administering  the  food  stamp program  or  programs under title I, II, IV-A, IV-D, X, XIV, XVI, or XIX of the social security act under which the department will provide  such agencies,  when  required  by  federal  law  and  only  to the extent so required, with data which may be of use  in  establishing  or  verifying eligibility  for  or  benefit amounts in such programs or ability to pay support for a person receiving  support  collection  services  including data  obtained  from  the  wage  reporting  system operated by the state department of taxation and  finance  pursuant  to  section  one  hundred seventy-one-a of the tax law.  (j)  to  ensure the provision, on any form required to be completed at application or recertification for the purpose  of  obtaining  financial assistance  pursuant to this chapter, the form shall contain a check-off question asking whether the applicant or recipient or a member of his or her family served in the United States military, and an option to answer in the affirmative. Where the applicant  or  recipient  answers  in  the affirmative  to  such  question,  the office of temporary and disability assistance shall ensure that contact information for the state  division of  veterans'  services  is  provided to such applicant or recipient, in addition to any other materials provided.   4. The Department shall not withhold state reimbursement from or  deny state  reimbursement to a social services district, until written notice is given to the commissioner of the social services  district  affected, except  when  the reason for the proposed withholding or denying is that such commissioner does not meet the minimum qualifications required  for such  position,  to  the  body or officer that appointed or purported to appoint such commissioner:  (a) entirely for any period; or  (b) in whole or in part, on ten per centum or more of all the cases in receipt of public assistance in such district in any period; or  (c) in whole or in part, on ten per centum or more  of  the  cases  in receipt  of  a  specific  category of assistance in such district in any period; or  (d) for any period, in an amount equal to  or  greater  than  ten  per centum  of  the  state reimbursement otherwise due the district for such period.   5. (a) In the case of the death of a child whose care and  custody  or custody  and  guardianship has been transferred to an authorized agency, other than a vulnerable person as defined  in  article  eleven  of  this chapter, or the death of a child for whom any local department of social services  has  an  open child protective services or preventive services case, or in the case of a report made to the statewide central  register of  child  abuse  and  maltreatment  involving the death of a child, the office of children and family services shall (i) investigate or  provide for  an investigation of the cause of and circumstances surrounding such  death, (ii) review such investigation, and (iii)  prepare  and  issue  a report  on  such  death,  except where a report is issued by an approved local or regional fatality review team in accordance with  section  four hundred twenty-two-b of this chapter.  (b)  Such  report  shall  include (i) the cause of death, whether from natural or other causes, (ii)  identification  of  child  protective  or other services provided or actions taken regarding such child and his or her  family, (iii) any extraordinary or pertinent information concerning the circumstances of the child's death, (iv) whether the  child  or  the child's family had received assistance, care or services from the social services district prior to such child's death, (v) any action or further investigation  undertaken  by  the  department  or  by  the local social services district since the death of the  child,  (vi)  as  appropriate, recommendations for local or state administrative or policy changes, and (vii)  written  comments as may be provided by any local social services district referenced in such report, to the extent  that  such  comments: (A)  protect  the confidentiality and privacy of the deceased child, his or her siblings, the parent or other person legally responsible for such child, any other members of such child's household and the source of any report of suspected child abuse or maltreatment, and (B) are relevant to the  fatality  reported  and  pertain  to  any  of  the  provisions   of subparagraph  (i),  (ii),  (iii),  (iv),  (v) or (vi) of this paragraph, provided that any comments that  pertain  to  subparagraphs  (i),  (ii), (iii), (iv) or (v) of this paragraph must be factually accurate.   Such  report shall contain no information that would identify the name of the deceased child, his or her siblings, the parent or  other  person legally  responsible  for  the child or any other members of the child's household, but shall refer instead to the case, which may be denoted  in any  fashion  determined appropriate by the department or a local social services district. In making a fatality report available to  the  public pursuant  to  paragraph  (c)  of  this  subdivision,  the department may respond to a child specific request for such report if the  commissioner determines that such disclosure is not contrary to the best interests of the  deceased  child's  siblings  or  other  children  in the household, pursuant to subdivision five of section  four  hundred  twenty-two-a  of this  chapter. Except as it may apply directly to the cause of the death of the child, nothing herein shall be deemed to authorize the release or disclosure  to  the  public  of  the  substance  or   content   of   any psychological,  psychiatric,  therapeutic,  clinical or medical reports, evaluations or like materials or information pertaining to such child or the child's family.  (c) Twenty days prior to the release  of  the  report  the  department shall forward the proposed report to each local social services district referenced  in the report. Within ten days thereafter, each local social services district  may  provide  written  comments  in  accordance  with subparagraph   (vii)  of  paragraph  (b)  of  this  subdivision  to  the department in the form and manner  required  by  the  department  to  be included  by  the department within the report. No later than six months from the date of the death of such child, the department  shall  forward its  report  to  the  social  services  district, chief county executive officer, chairperson of the local legislative body of the  county  where the  child's  death  occurred and the social services district which had care and custody or custody and guardianship of the child, if different. The department shall notify the temporary president of  the  senate  and the  speaker  of the assembly as to the issuance of such reports and, in addition to the requirements of section seventeen of this chapter, shall submit an annual cumulative report to the governor and  the  legislature incorporating  the  data  in the above reports and including appropriate  findings and recommendations. Such reports concerning  the  death  of  a child  and  such cumulative reports shall immediately thereafter be made available to the public after such forwarding or submittal.  (d) To enable the office of children and family services or a local or regional  fatality  review  team  to  prepare such report, the office of children and family services or a local or regional fatality review team may request and shall timely receive from departments,  boards,  bureaus or other agencies of the state, or any of its political subdivisions, or any   duly  authorized  agency,  or  any  other  agency  which  provided assistance, care or services to the deceased child such  information  as they are authorized to provide.   6.  The  department  is  directed  to  seek appropriate approvals from federal officials to permit commissioners of jurors and  clerks  of  the court  or jury administrators of any United States district court in New York state appointed pursuant to title twenty-eight of the United States Code, section 1836(b)(2) in each social services district to obtain  the names  and  addresses  of  persons  applying  for  or  receiving  aid to dependent children, medicaid, or home relief authorized by this  chapter for  purposes  of  identifying  prospective  jurors. Upon receiving such approval  or  upon  determining   that   no   approval   is   necessary, notwithstanding  sections  one  hundred  thirty-six  and  three  hundred sixty-nine of this chapter, the department shall provide lists  of  such persons  to the chief administrator of the courts, appointed pursuant to section two hundred ten of the judiciary law, or the chief judge of  any United  States  district  court  in New York State appointed pursuant to title twenty-eight of  the  United  States  Code.  The  lists  shall  be provided  for  the sole purpose of integration into lists of prospective jurors as provided by section five hundred six of the judiciary  law  or title twenty-eight of the United States Code. The chief administrator of the  courts shall upon request provide information from the lists to the commissioner of jurors in each county or, in  a  county  within  a  city having  a  population  of  one million or more, the county clerk of said county, solely for the purpose of compiling lists of prospective  jurors for  the  appropriate  county.  The  chief  judge  of such United States district court shall make lists available to such clerk of the court  or jury  administrator  of  a  United  States district court solely for the purpose of compiling lists of prospective jurors for the  United  States district  court.  The  lists  shall  be  provided  only  pursuant  to  a cooperative agreement between the chief administrator of the courts  or, in  the  case of a United States district court, the chief judge of such United States district court and the commissioner that  guarantees  that all  necessary  steps  shall  be taken by the chief administrator of the courts, the chief judge  of  such  United  States  district  court,  the commissioners  of jurors and the county clerks or the clerk of the court or jury administrator or court clerk of the United States district court to ensure that the lists are kept confidential  and  that  there  is  no unauthorized  use  or  disclosure  of such lists. Furthermore, the lists will be provided only if the chief administrator of the  courts  or  the chief  judge  of  the  United  States district court determines that the lists are needed for integration into lists of prospective jurors in one or more counties or the district of such United States  district  court. Commissioners  of  jurors  and county clerks, and clerks of the court or jury administrators  or  clerk  of  any  United  States  district  court receiving  such  lists  shall  not use any information derived from such lists for any purpose other than for the selection of jurors  and  shall take   appropriate  steps  to  see  that  the  confidentiality  of  such information is maintained.    7. To the extent appropriations are available, the office of  children and  family  services  shall  conduct  a  public education campaign that emphasizes  zero  tolerance  for  child  abuse  and  maltreatment.  Such campaign shall include information about the signs and symptoms of child abuse  and maltreatment, the hotline available to report child abuse and maltreatment, and services that are available to  assist  families  with underlying  issues  that  may  lead  to  child  abuse  and  maltreatment including, but  not  limited  to,  substance  abuse  services,  domestic violence  services,  mental  health  services for adults and services to assist families with children in need of mental health  treatment.  Such campaign   may   include,   but  not  be  limited  to,  educational  and informational materials in print, audio,  video,  electronic  and  other media and public service announcements and advertisements.   8. (a)  The  office  of  temporary  and  disability  assistance  shall promulgate  rules  and  regulations  for  the  administration  of   this subdivision.  The rules and regulations shall provide for the conditions under which local social services officials determine the  placement  of applicants  for  and  recipients  of public assistance for whom a notice pursuant to section two hundred three of the correction  law,  has  been received and who are:  (i) determined to be in immediate need of shelter; and  (ii)  designated  a  level two or level three sex offender pursuant to article six-C of the correction law.  (b) When making determinations in regard  to  the  placement  of  such individuals  in  shelter, local social services officials shall consider the following factors:  (i) the location of other sex offenders required to register  pursuant to  the  sex  offender registration act, specifically whether there is a concentration of registered sex offenders in a certain residential  area or municipality;  (ii)  the  number of registered sex offenders residing at a particular property;  (iii) proximity of the entities with vulnerable populations;  (iv) accessibility to family  members,  friends  or  other  supportive services,  including  but  not limited to locally available sex offender treatment programs with preference for  placement  of  such  individuals into  programs  that  have  demonstrated  effectiveness  in reducing sex offender recidivism and increasing public safety; and  (v) investigation and approval of such placement by the department  of corrections and community supervision.