NY Soc Serv L § 483-B (2021)
2021 New York Laws SOS - Social Services Article 10-C - State Council on Children and Families 483-B - Powers and Duties of Council.

§ 483-b. Powers and duties of council. 1. As used in this section, the terms "care", "services", "programs", and "services programs" shall mean and  include  care,  maintenance,  services  and  programs  provided  to children of the state and their families by or under the jurisdiction of a member agency. The term "member agency" shall mean an agency headed by a member of the council.   2. The council shall have the following powers:  (a) to identify problems and  deficiencies  in  residential  care  and community-based services programs and, on a selective basis, to plan and make recommendations to the governor for the remedy of such problems and deficiencies  and  for  the development of programs of care and services for children and their families;  (b) to make recommendations to improve  coordination  of  program  and fiscal  resources  of state-local, public-voluntary care and services to children and their families;  (c) to coordinate program and management research of  member  agencies for  the  purpose of monitoring, evaluating or redirecting existing care and services programs  or  developing  new  programs,  and  to  conduct, sponsor,  or  direct member agencies to undertake such research or other activities;  (d) to review and resolve differences, if any,  concerning  rules  and regulations  of each member agency insofar as such rules and regulations impact on services programs provided by other member agencies;  (e) to promulgate, amend and rescind rules and regulations relating to the administration and performance of  the  powers  and  duties  of  the council pursuant to this article;  (f)  to  review  significant  state and locally operated and supported care and services, plans and proposals for new services for children and families to determine whether such services  are  planned,  created  and delivered in a coordinated, effective and comprehensive manner;  (g)  to perform all other things necessary and convenient to carry out the functions, powers and duties of the council and  to  effectuate  the purposes of this article; and  (h)  to  accept  and  expend  any  grants,  awards,  or other funds or appropriations as may be available to  the  council  to  effectuate  the purposes of this article, subject to the approval of the director of the budget.   3.  The  council  shall  review the budget requests of member agencies insofar as such budgets jointly affect services  programs  for  children and  their  families and shall make comments and recommendations thereon to the relevant member agencies and the governor.   4. (a) The council shall meet on a  regular  basis  to  implement  the purposes  of this article and to discuss and resolve disputes, including but not limited to disputes between member agencies, relating  to  their functions,   powers  and  duties  over  the  provision  of  services  to particular children and their families or to categories of  children  or child   and   family  problems  when  all  the  internal  statutory  and administrative grievance or appeal procedures  applicable  to  a  member agency  have  failed  to finally resolve such dispute. The council shall direct each member agency to establish and maintain  such  grievance  or appeal procedures.  (b) The council shall direct member agencies to provide an evaluation, including  a  diagnostic  study,  of  a  particular child and his or her family when there is a dispute as to the appropriate agency  or  program in  which  the child should be placed or from which the child and his or her family should receive  services,  and,  following  such  study,  the council shall order placement of a child with a member agency, or with a social services official, or order a member agency to provide or require  the provision of services to the child and his or her family in a manner consistent  with  the  legal  authority  of  the member agency or social services official, as applicable.  (c)  The  council  shall  direct  member  agencies to take appropriate direct action  or  to  exercise  their  supervisory  powers  over  local officials and agencies, in the resolution of such disputes.  (d)  The  duty of the council to resolve disputes involving particular children may be performed on a selective basis within the discretion  of the  council. Exercise of jurisdiction over such disputes by the council or appeals to the council therefor shall not be required as a  condition precedent  to  the  initiation  of  a  proceeding  pursuant  to  article seventy-eight of the civil practice law and rules.  (e)  A  dispute  relative  to  which  member  agency  shall  have  the responsibility  for determining and recommending adult services pursuant to sections 7.37 and 13.37 of the  mental  hygiene  law,  section  three hundred ninety-eight-c of the social services law, or subdivision ten of section  forty-four hundred three of the education law shall be resolved in accordance with this subdivision.   5. (a) Notwithstanding  any  other  provision  of  state  law  to  the contrary,  the  council  may  request any member agency to submit to the council and such member agency shall submit, to the extent permitted  by federal law, all information in the form and manner and at such times as the  council  may  require  that  it  is appropriate to the purposes and operation of the council.  (b) The  council  shall  protect  the  confidentiality  of  individual identifying  information  submitted  to  or provided by the council, and prevent access thereto, by, or the distribution thereof to, persons  not authorized by law.