NY Exec L § 747 (2021)
2021 New York Laws EXC - Executive Article 26-B - Board of Social Welfare 747 - Functions, Powers and Duties of the Board.

§ 747. Functions,  powers  and  duties  of  the  board.  In  order  to effectuate the  purposes  of  the  board  as  set  forth  in  the  state constitution  and as described in this article, the board shall have and perform the following specific functions, powers and duties:   1. (a) To visit and inspect, or cause members of its  staff  to  visit and  inspect, at such times as the board may consider to be necessary or appropriate to help insure  adequate  supervision,  public  and  private facilities  or  agencies, whether state, county, municipal, incorporated or not incorporated which are in receipt of public funds and  which  are of  a  charitable,  eleemosynary, correctional or reformatory character, including all reformatories for juveniles  and  facilities  or  agencies exercising   custody   of   dependent,  neglected,  abused,  maltreated, abandoned or delinquent children or  persons  in  need  of  supervision, agencies  engaged  in  the  placing  out  or boarding out of children as defined in section three hundred seventy-one of the social services law, or in operating homes for unmarried mothers or special care  homes,  and facilities  providing  residential care for convalescent, invalid, aged, or indigent persons, but excepting state institutions for the  education and support of the blind, the deaf and the dumb, and excepting also such institutions  as  are  subject  to  the visitation and inspection of the state  department  of  mental  hygiene  or  the  state   commission   of correction.   As   to   institutions,   whether   incorporated   or  not incorporated, having incarcerated individuals, but  not  in  receipt  of public  funds,  which are of a charitable, eleemosynary, correctional or reformatory  character,  and  agencies,  whether  incorporated  or   not incorporated,  not in receipt of public funds, which exercise custody of abandoned,  destitute,  dependent,  neglected,  abused,  maltreated   or delinquent  children  or persons in need of supervision, the board shall make inspections, or cause inspections to be  made  by  members  of  its staff,  but  solely as to matters directly affecting the health, safety, treatment and training of their  incarcerated  individuals,  or  of  the children   under  their  custody.  Visiting  and  inspecting  as  herein authorized shall not be exclusive of other visiting and  inspecting  now or hereafter authorized by law.  (b) To have full access to the grounds, buildings, records, documents, books  and  papers  relating  to any facility or agency subject to being visited and inspected by  the  board,  including  all  case  records  of incarcerated  individuals  and  children  under  their  custody  and all financial records.  (c) Upon visiting or inspecting any  facility  or  agency  under  this article,  inquiry  may  be  made to ascertain the quality of supervision exercised by state and local agencies responsible for  supervising  such facilities  and  agencies,  and  the  quality  of  program and operating standards established by such state and local agencies, and to ascertain the adequacy of such state and local agency supervision to determine the following:  (i)  whether  the  objects  of  the  facility  or  agency  are   being accomplished;  (ii)  whether the applicable laws, rules and regulations governing its operation are fully complied with;  (iii) its methods of  and  equipment  for  vocational  and  scholastic education,  and  whether  the  same  are best suited to the needs of its incarcerated individuals or children under their custody;  (iv) its methods of administration; and  of  providing  care,  medical attention,  treatment and discipline of its residents and beneficiaries, and whether the same are best adapted to the needs of the residents  and beneficiaries;  (v)  the  qualifications  and  general  conduct  of  its  officers and employees;  (vi) the condition of its grounds, buildings and other property;  (vii)  the  sources  of  public  moneys received by any institution in receipt of public funds and the management and condition of its finances generally; and  (viii) any other matter connected with or pertaining to its usefulness and  good  management  or  to  the  interest   of   its   residents   or beneficiaries.  (d) To make a report of such visit and inspection and, notwithstanding any  inconsistent provision of law, to transmit copies of such report to the governor, the legislature, all state and local governmental agencies having supervisory jurisdiction, and to such other governmental agencies as the board may consider appropriate, and to make such report available for public inspection in accordance with the requirements of the freedom of information law, and any other law which may be applicable, provided, however, that such disclosure shall be consistent  with  all  applicable laws  and regulations governing the safeguarding of confidential records and information.   2. To conduct studies, analyses and research on specific programs  and policies  of the state in all matters pertaining to adult and child care programs, including care and services provided in a residential setting, services and programs designed to maintain the family  structure  intact and  to  prevent  or  terminate  the  need for such care away from their homes, and any other matter within the scope of  its  functions,  powers and  duties  under  this  article;  and  to  advise,  aid and assist the governor regarding all policies and programs for child and  adult  care. Such  studies,  analyses  and research shall be coordinated with similar activities of  all  other  state  agencies  having  responsibilities  or authority  to conduct studies, analyses and research pertaining to adult and child care programs.   3. To conduct studies, analyses and research to all matters pertaining to human services generally. Such studies, analysis and  research  shall be  coordinated  with  similar  activities  of  all other state agencies having responsibilities or authority to conduct  studies,  analysis  and research pertaining to adult and child care programs.   4.   To   advocate   the   initiation,  development,  improvement  and sponsorship by state and local agencies, both  public  and  private,  of such  programs  and  policies  as it may consider desirable in providing care and services for children and adults away from their own homes,  or which  are  designed  to  prevent  the need for care away from their own homes. The board may recommend legislation. The board is  authorized  to make application and to appear before any court as a friend of the court in  any  action  or  proceeding  pending  before  such  court,  which is concerned with issues relevent to the board and within the scope of  its functions, powers and duties under this article.   5.  To  direct an investigation, and to hold hearings relevant to such investigation, by a committee of one or more of its members or  by  duly authorized employees of the board, of the adequacy of the supervision by any  state  or  local  agency  having  jurisdiction over the affairs and management of any facility or agency subject to visit and inspection  by the  board,  or  over the conduct of its officers and employees. Persons designated to make such investigations are empowered to issue compulsory process for the attendance of witnesses and production of  any  records, documents,  books  or papers relating to any matter under investigation, to administer oaths and to take the testimony of any person under  oath. Upon  the  conclusion  of  such  investigation,  the  board shall make a report,  with  findings  of   fact   and   conclusions   of   law   and,  notwithstanding  any  other  provision  of  law  to  the contrary, shall transmit copies of such report to the  governor,  the  legislature,  all governmental   agencies,   both  state  and  local,  having  supervisory jurisdiction,  and  to such other governmental agencies as the board may consider to be appropriate, and to make such report available for public inspection in  accordance  with  the  requirements  of  the  freedom  of information  law  and  any other applicable law, provided, however, that such disclosure  shall  be  consistent  with  all  applicable  laws  and regulations  governing  the  safeguarding  of  confidential  records and information.   6.  To  review  and  comment  on  proposed  legislation,   rules   and regulations pertaining to child and adult care. Each division within the executive  department  and all other departments of the state shall make available to the board any recommendations for  legislative  changes  at the   time  such  recommendations  are  made;  any  proposed  rules  and regulations, at least thirty days prior to the date  they  are  adopted, except  for  the  promulgation  of  such  rules  and  regulations  on an emergency basis.   7. To conduct public hearings with respect to any  matter  within  the scope of its functions, powers and duties.   8.  To enter into contracts with other state and federal agencies, and with individuals and organizations to undertake  and  conduct  research, studies  and  analysis  of  programs in the exercise of its authority to conduct such research, studies and analysis.   9. To request from any department, division, board, bureau, commission or other agency of the state or of any  political  subdivision  thereof, and  the  same are authorized to provide such facilities and assistance, and shall provide such  data  as  will  enable  the  board  properly  to exercise its powers and perform its duties.   10.  To  accept  as  agency  of  the  state any gift, grant, including federal grant, devise or bequest,  for  any  of  the  purposes  of  this article.  Any  moneys  so  received  may  be  expended  by  the board to effectuate any purpose of this article, subject to the same  limitations as  to  approval  of  expenditures and audit as are prescribed for state moneys appropriated for the purposes of this article.   11. To make an annual report to the governor and the legislature  with respect to the affairs of the board, and of its recommendations.   12. To make, amend and rescind rules:  (a)  governing  the procedure for visits and inspections by the board, including the furnishing of information to the board as it  may  require on such forms as the board may provide by any facility or agency visited and inspected or to be visited and inspected;  (b)  governing  access  to  records  and  meetings  of  the  board, in accordance with the requirements for such rules  under  the  freedom  of information law and the open meetings law;  (c)  otherwise necessary to carry out its functions, powers and duties under this article;  (d) provided, however, that any such rules are adopted by a two-thirds vote of  the  members  of  the  board  and  are  otherwise  adopted  and promulgated   in   accordance   with   the   procedures   of  the  state administrative procedure act and with the applicable provisions of  this chapter.   13.  To  do  all  things  necessary  or  convenient  to  carry out the functions, powers and duties expressly set forth in this article.   14. The  rights  and  powers  of  the  board  to  visit,  inspect  and investigate  may  be  enforced  by  an  order of the supreme court after notice and hearing, or by indictment by the grand jury of the county, or both.    15. Any person who intentionally  refuses  to  comply  with  a  lawful request of the board for access to such persons, premises or information as  may  be  required  for  the board properly to perform its functions, powers and duties under this act shall be guilty of a misdemeanor.