NY Soc Serv L § 17 (2021)
2021 New York Laws SOS - Social Services Article 2 - Department and State Board of Social Welfare 17 - Powers and Duties of the Commissioner.

§ 17. Powers and duties of the commissioner. The commissioner shall  (a)   determine   the   policies  and  principles  upon  which  public assistance, services and care shall be provided within the state both by the state itself and by the local governmental units within  the  limits hereinafter prescribed in this chapter;  (b)  make  known  his policies and principles to local social services officials and to public and private institutions  and  welfare  agencies subject to his regulatory and advisory powers;  (c)  in  consultation  with  the  civil  service commission, establish minimum  qualifications  for  positions   in   local   social   services departments   and   classify   such  positions  according  to  differing capabilities, skills, responsibilities and  education  suitable  to  the various  phases  of  welfare  administration,  not inconsistent with the standards and guidelines of a duly authorized federal agency, having due regard for recruitment of personnel and  the  requirements  and  varying types  of communities within the state. Notwithstanding any inconsistent provision of law, rule or regulation, when (i) a position is vacant  and not  filled  for  a continuous period of three months, and (ii) provided that no person meeting all  the  prescribed  minimum  qualifications  is available  therefore,  the local social services commissioner may, if in accordance with federal standards, waive those qualifications  which  he deems   least  essential  for  such  position  and  make  a  provisional appointment of a person otherwise qualified therefor;  (d) submit an annual report to the governor and the legislature  prior to  the fifteenth day of December of each year. Such annual report shall include the following: the affairs of the department and the  status  of welfare  programs  in the state with recommendations for the improvement and development of welfare programs; a report on the  department's  fair hearing  system,  as  required  by section twenty-two of this article; a written evaluation report on the delivery of child welfare  services  in the state, as required by subdivision five of section four hundred seven of  this  chapter;  a  report  of  the  operations  of the state central register of child abuse and maltreatment and  the  various  local  child protective  services,  as required by section four hundred twenty-six of this chapter; a report on the number and  status  and  the  findings  of investigations  of  deaths  of  children pursuant to subdivision five of section twenty of  this  chapter;  a  report  on  the  progress  of  the development  and  operation of the child care review system, as required by subdivision nine of section four hundred forty-two of  this  chapter; commencing  before  December fifteenth, nineteen hundred eighty-four and terminating on  December  fifteenth,  nineteen  hundred  eighty-nine,  a progress  report  on  the  planning  and  implementation  of the teenage services act as required by  the  provisions  of  section  four  hundred nine-m  of  title four-B of this chapter; an analysis of the information contained in the  registry  of  community  facilities,  as  required  by paragraph  (b)  of subdivision two of section four hundred sixty-three-a of this chapter; and a report on the  operation  of  the  child  support enforcement  program,  as required by chapter six hundred eighty-five of the laws of nineteen hundred seventy-five;   * (d-1) in consultation with  the  commissioner  of  the  division  of criminal  justice,  submit  a report to the governor, the speaker of the assembly, the temporary president of the senate and the  chairs  of  the assembly  and  senate  standing  committee  on  social  services, on the services provided to human trafficking  survivors  for  the  purpose  of assessing the availability, utilization and necessity for such services. The  initial  report shall be provided one year after the effective date of this subdivision and annually thereafter and shall include,  but  not be limited to, the following:  (i)  the  number  of human trafficking referrals made to the office of temporary and disability assistance including the  number  of  confirmed cases;  (ii)  the  number of human trafficking survivors that received housing and/or services, with specific information about the type of housing  or service;  (iii)  the  number of human trafficking survivors that did not receive housing and/or services, and an indication as to what  type  of  housing and/or  service  was  requested and whether such housing and/or services were denied due to a lack of availability or because the  case  was  not confirmed; and  (iv)  information  pertaining  to  the  types  of services provided by providers such as: (1)  the  number  of  current  contracts  to  provide housing  and  services  for human trafficking survivors and their annual funding levels, broken down by contract; (2)  the  number  of  contracts and/or  services that have ended, been terminated or not renewed and the reason why; (3) the types of housing and/or services that are  provided, as  well  as the availability of such services, including the geographic location of such housing or service; and (4) any other  information  the office of temporary and disability assistance deems appropriate.   * NB There are 2 sb (d-1)'s   * (d-1)(1)  in consultation with each local health department and each social services district in  the  county  in  which  a  publicly  funded shelter  is  located,  the commissioner of the department of health, the commissioner  of  the  office  of  children  and  family  services,  the commissioner  of  the New York city department of homeless services, and the commissioner of the New York city department of  health  and  mental hygiene, conduct a review of information, to the extent such information is  known and available after making all diligent efforts, regarding the homeless population in publicly funded shelters, during a state disaster emergency, declared pursuant to executive order two hundred two  of  two thousand twenty or any extension or subsequent executive order issued in response to the novel coronavirus (COVID-19) pandemic, including but not limited to, the following information:  (i) the number of confirmed infected individuals;  (ii) the number of hospitalizations;  (iii) the number of deaths;  (iv)  information  regarding  the  individual,  if known: (a) age; (b) race; (c) family composition; (d) shelter status; (e)  type  of  shelter including:  family  shelter, a shelter for adults, a hotel, an emergency apartment, a domestic violence shelter, a  runaway  and  homeless  youth shelter,  or  a safe house for refugees; (f) any known risk factors; and (g) any other information the office deems appropriate;  (v) with regard to individuals residing in a residential  program  for victims  of  domestic  violence  or  for  runaway  and  homeless  youth, information regarding the average number of individuals reported with  a confirmed  infection,  the  number and percentage of programs struggling with an outbreak, and the number and percentage of residents impacted in those programs compared to the program's maximum capacity.  (2) in consultation with the commissioner  of  health,  utilizing  the information  reviewed  pursuant to paragraph (1) of this subdivision and to the extent that confidentiality requirements set  forth  in  law  and regulation  are  maintained publish a report containing such information aggregated by county. When confidentiality requirements set forth in law and regulation prevent the  publication  of  information  aggregated  by county,  the  report  shall  contain  such  information  aggregated  for multiple counties and organized by  geographic  region.  Notwithstanding any  other  provision  of  this  paragraph, for residential programs for  victims of domestic violence and runaway and  homeless  youth,  reported information shall be aggregated on a statewide basis.  (3)  post  the  report  on  the  office  of  temporary  and disability assistance's website within sixty days of the  effective  date  of  this paragraph  and  update the report at least every three months thereafter during the state disaster emergency declared pursuant to executive order two hundred two of two thousand twenty or any  extension  or  subsequent executive  order  issued in response to the novel coronavirus (COVID-19) pandemic.   * NB There are 2 sb (d-1)'s  (e) work cooperatively with the commissioner of the office  of  mental health  and the commissioner of the office for people with developmental disabilities to assist  the  commissioner  of  education  in  furnishing integrated  employment services to individuals with severe disabilities, including the development of  an  integrated  employment  implementation plan pursuant to article twenty-one of the education law;  (f)  in  conjunction  with  the commissioner of education, develop and annually review a plan to ensure coordination and  access  to  education for  homeless  children,  in  accordance  with the provisions of section thirty-two hundred nine of the education law, and monitor compliance  of local social services districts with such plan;  (g)  require  participation  of  all  employees  of a child protective service in a training course which has been developed by the office  for the  prevention  of  domestic violence in conjunction with the office of children  and  family  services  whose  purpose   is   to   develop   an understanding of the dynamics of domestic violence and its connection to child abuse and neglect. Such course shall:  (i) pay special attention to the need to screen for domestic violence;  (ii)  place emphasis on the psychological harm experienced by children whose environment is  impacted  by  familial  violence  and  accordingly explore avenues to keep such children with the non-abusive parent rather than  placing  them  in foster care further traumatizing both the victim and the children;  (iii) provide instruction regarding the scope of  legal  remedies  for the abused parent;  (iv)  identify  obstacles  that prevent individuals from leaving their batterers and examine safety options  and  services  available  for  the victim;  (v)  provide  information  pertaining  to  the  unique barriers facing certain immigrant women and the  options  available  under  the  federal Violence Against Women Act;  (vi)  analyze procedures available to sanction and educate the abusing partner; and  (vii) emphasize the need for the system to hold  the  abusing  partner responsible by appropriate referrals to law enforcement.  (h)  make  available  on its website all award allocations for request for proposals issued by the office of children and family services  upon release  of  such  awards.  Such  information  shall  also  include  all organizations requesting funding and  the  amounts  requested  for  each request  for  proposal.  The  office of children and family services may also include any other information related to each program that it deems appropriate;  (i) make available to the council on children and families information regarding: (1) all recipients of grants awarded or administered  by  the office  of  children  and  family services for the purposes of providing afterschool programs; (2) registered school  age  child  care  providers registered  by  the office of children and family services; and (3) home visiting programs that meet the criteria as  required  by  section  four  hundred  twenty-nine  of  this chapter regardless of whether they have a contract with or receive funding from the state. Such information  shall be provided in accordance with the requirements set forth in subdivision two  of  section  four  hundred  eighty-three-h  of  this  chapter. Such information shall be made available no less than once a year; and   * (i) exercise such other powers and perform such other duties as  may be imposed by law.   * NB Effective March 31, 2022   * (j)  have  the  authority appoint a temporary operator in accordance with this subdivision:  (1) For the purposes of this subdivision:  (i) "Building" shall mean an entire building or  a  unit  within  that provides emergency shelter to homeless persons.  (ii)  "Commissioner"  shall mean the commissioner of the office or his or her designee.  (iii) "Data" shall mean written documentation or knowledge obtained in the course of an inspection, audits, or other methods authorized by law.  (iv) "Emergency shelter" means any building  with  overnight  sleeping accommodations,  the  primary  purpose  of which is to provide temporary shelter for the homeless in general or for specific populations  of  the homeless,   including  residential  programs  for  victims  of  domestic violence and runaway and homeless youth programs certified by the office of children and family services.  (v) "Established operator" shall mean a provider of emergency shelter.  (vi) "Serious financial, health or safety deficiency"  shall  include, but not be limited to, missed mortgage payments, missed rent payments, a pattern  of  untimely  payment of debts, failure to pay its employees or vendors, insufficient funds to meet the general  operating  expenses  of the  program, or a violation of law, regulation, or code with respect to a building that provides emergency shelter to homeless persons, in which there  are  conditions  that  are   dangerous,   hazardous,   imminently detrimental  to life or health, or otherwise render the building not fit for human habitation.  (vii) "Temporary  operator"  shall  mean  any  provider  of  emergency shelter that:  (A)  agrees to provide emergency shelter pursuant to this chapter on a temporary basis in the best interests of its  homeless  individuals  and families served by the building;  (B)  has  a  history  of  compliance  with applicable laws, rules, and regulations and a record of providing emergency shelter of good quality, as determined by the commissioner; and  (C) prior to  appointment  as  temporary  operator,  develops  a  plan determined  to  be  satisfactory  by  the  commissioner  to  address the building's deficiencies.  (2) (i) A temporary operator may only be appointed after the emergency shelter has been provided notice of alleged violations and  the  ability to  cure  such violations. The local social services district shall also be notified of the alleged violations prior  to  the  appointment  of  a temporary  operator.  If  the  emergency  shelter  fails  to  cure  such violations in a timely manner, a temporary  operator  may  be  appointed where:  (A)  data demonstrates that the building is exhibiting a serious financial, health, or safety deficiency; (B) data demonstrates that  the established  operator  is  unable  or  unwilling  to  ensure  the proper operation of the building; or (C) data indicates there exist  conditions that  seriously  endanger  or jeopardize emergency shelter residents. If the  commissioner  determines  to  appoint  a  temporary  operator,  the commissioner  shall notify the established operator and the local social services district of  his  or  her  intention  to  appoint  a  temporary  operator to assume sole responsibility for the provider of the emergency shelter's  operations for a limited period of time. The appointment of a temporary operator shall be effectuated pursuant to  this  section,  and shall be in addition to any other remedies provided by law.  (ii) The established operator may at any time request the commissioner to  appoint  a  temporary  operator.  Upon receiving such a request, the commissioner may, if he  or  she  determines  that  such  an  action  is necessary, enter into an agreement with the established operator for the appointment of a temporary operator to restore or maintain the provision of  quality  emergency  shelter to the emergency shelter residents until the established operator can resume  operations  within  the  designated time  period  or  other action is taken to suspend, revoke, or limit the authority of the established operator.  (3) (i) A temporary operator appointed pursuant to this section  shall use his or her best efforts to implement the plan deemed satisfactory by the  commissioner  to  correct  or  eliminate  any  deficiencies  in the building and to promote the quality and accessibility of  the  emergency shelter in the community served by the provider of emergency shelter.  (ii) During the term of appointment, the temporary operator shall have the  authority  to  direct  the  staff  of  the  established operator as necessary  to  appropriately  provide  emergency  shelter  for  homeless individuals  and  families.  The  temporary  operator shall, during this period, provide emergency shelter in such a manner as to promote  safety and  the quality and accessibility of emergency shelter in the community served by the established operator until either the established operator can resume operations or until the office revokes the authority  of  the emergency shelter to operate under this chapter.  (iii)  The  established  operator  shall grant access to the temporary operator to the established operator's accounts and records in order  to address   any  serious  financial,  health  or  safety  deficiency.  The temporary operator shall approve any decision related to an  established provider's  day  to day operations or the established provider's ability to provide emergency shelter.  (iv) The temporary operator shall not be required to file any bond. No security interest in  any  real  or  personal  property  comprising  the established  operator or contained within the established operator or in any fixture of the building, shall be impaired or diminished in priority by the temporary operator. Neither the temporary operator nor the office shall  engage  in  any  activity  that  constitutes  a  confiscation  of property.  (4)   Costs   associated   with   the  temporary  operator,  including compensation,  shall  follow  the  financing  structure  established  in accordance  with  section  one  hundred  fifty-three of this chapter, as modified by the current aid to localities provisions for the  office  of temporary  and  disability  assistance  within  the department of family assistance. The temporary operator shall be liable only in its  capacity as temporary operator for injury to person and property by reason of its operation  of  such  building; no liability shall incur in the temporary operator's  personal  capacity,  except   for   gross   negligence   and intentional acts.  (5)  (i) The initial term of the appointment of the temporary operator shall not exceed ninety days. After ninety  days,  if  the  commissioner determines  that  termination  of  the  temporary  operator  would cause significant deterioration of the quality of,  or  access  to,  emergency shelter  in  the community or that reappointment is necessary to correct the  deficiencies  that  required  the  appointment  of  the   temporary operator,  the commissioner may authorize an additional ninety-day term. However,   such   authorization   shall   include   the   commissioner's  requirements   for  conclusion  of  the  temporary  operatorship  to  be satisfied within the additional term.  (ii) Within fourteen days prior to the termination of each term of the appointment  of  the  temporary  operator,  the temporary operator shall submit to the commissioner, to the local social services  district,  and to the established operator a report describing:  (A) the actions taken during the appointment to address the identified building  deficiencies,  the  resumption  of  building operations by the established operator, or the  revocation  of  authority  to  operate  an emergency shelter;  (B)  objectives  for the continuation of the temporary operatorship if necessary and a schedule for satisfaction of such objectives; and  (C) if applicable, the recommended actions for the  ongoing  provision of emergency shelter subsequent to the temporary operatorship.  (iii)  The  term  of  the  initial  appointment  and of any subsequent reappointment  may  be  terminated  prior  to  the  expiration  of   the designated  term, if the established operator and the commissioner agree on a plan of correction and the implementation of such plan.  (6) (i) The commissioner shall, upon  making  a  determination  of  an intention  to  appoint a temporary operator pursuant to subparagraph (i) of paragraph two of this subdivision, cause the established operator and the local social services district to be notified of  the  intention  by registered  or  certified  mail addressed to the principal office of the established operator  and  the  local  social  services  district.  Such notification  shall  include  a  detailed  description  of  the findings underlying the intention to appoint a temporary operator, and  the  date and time of a required meeting with the commissioner within ten business days  of  the  receipt  of such notice. At such meeting, the established operator, and the commissioner shall have the opportunity to review  and discuss all relevant findings. At such meeting, the commissioner and the established  operator  shall  attempt to develop a mutually satisfactory plan of correction  and  schedule  for  implementation.  If  a  mutually satisfactory  plan  of  correction  and  schedule  for implementation is developed, the commissioner shall notify the established  operator  that the  commissioner  will  abstain  from  appointing  a temporary operator contingent upon the  established  operator  remediating  the  identified deficiencies within the agreed upon timeframe.  (ii)  The  commissioner  shall,  upon  making  a  determination  of an intention to appoint a temporary operator pursuant to  subparagraph  (i) of  paragraph  two of this subdivision, cause the temporary president of the senate, and the speaker of the assembly to receive  appropriate  and timely  notification  of  the intention to appoint a temporary operator. Such notification shall include a description of the findings underlying the intention to appoint a temporary operator, the identification of the new operator when practicable, and the  date  of  expected  transfer  of operations.  Such  notice shall be made as soon as practicable under the circumstances.  (iii) The commissioner, at any time he or she deems necessary  and  to the  extent  practicable, shall consult and may involve the local social services district.  (iv) Should the commissioner and the established operator be unable to establish a plan of correction pursuant  to  subparagraph  (i)  of  this paragraph,  or  should  the  established operator fail to respond to the commissioner's initial notification, there shall  be  an  administrative hearing  on  the  commissioner's  determination  to  appoint a temporary operator to begin no later than thirty days from the date of the  notice to  the established operator. Any such hearing shall be strictly limited to the issue of whether the determination of the commissioner to appoint  a temporary operator is supported by substantial evidence. A copy of the decision shall be sent to the established operator and the local  social services district.  (v)  If  the  decision  to appoint a temporary operator is upheld such temporary operator shall be appointed as  soon  as  is  practicable  and shall  provide  emergency  shelter  pursuant  to  the provisions of this section.  (7) Notwithstanding the  appointment  of  a  temporary  operator,  the established  operator shall remain obligated for the continued provision of emergency shelter. No provision contained in this  section  shall  be deemed  to  relieve  the established operator or any other person of any civil or criminal liability incurred, or any duty  imposed  by  law,  by reason  of  acts  or  omissions of the established operator or any other person prior to  the  appointment  of  any  temporary  operator  of  the building  hereunder;  nor  shall  anything  contained in this section be construed to suspend during the term of the appointment of the temporary operator of the building any obligation of the established  operator  or any  other  person  for  the  maintenance  and  repair  of the building, provision of utility services, payment of taxes or other  operating  and maintenance expenses of the building, nor of the established operator or any other person for the payment of mortgages or liens.   * NB Repealed March 31, 2022   * (k)  exercise such other powers and perform such other duties as may be imposed by law.   * NB Repealed March 31, 2022