2023 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, 2028
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.