2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 382 - Responsibility for Children Without State Residence; License and Board.

§  382.   Responsibility for children without state residence; license
and board.  1.   Any person, institution, corporation  or  agency  which
shall  bring,  or  cause  to  be brought, into the state of New York any
child not having a state residence, or which shall receive or accept any
child from outside of the state of New York, not having state residence,
shall be responsible for the care and maintenance of such child  whether
placed  out, boarded out or otherwise cared for unless adopted by foster
parents.  Such responsibility shall continue during the minority of such
child and thereafter until he is self-supporting.
2. (a) It shall be  unlawful  for  any  person,  agency,  association,
corporation,  society,  institution  or  other  organization,  except an
authorized agency, to bring, send or cause to be brought  or  sent  into
the  state  of New York any child for the purpose of placing or boarding
such child  or  procuring  the  placing  of  such  child,  by  adoption,
guardianship,  or  otherwise, in a family, a home or institution, except
with an authorized agency, in this  state,  without  first  obtaining  a
license from the department.
(b)  This  subdivision shall not apply to a sending agency, as defined
in article two of section three hundred seventy-four-a  of  this  title,
which  is  located in a state which is a party to the interstate compact
on the placement of children, provided, however, that  all  persons  who
reside  in  such a state, except officers or employees of the state or a
subdivision thereof who are acting in  their  official  capacity,  shall
comply with the provisions of this section.
(c)  This  section  shall not apply to and shall not restrict or limit
the right of a parent, legal guardian, or  relative  within  the  second
degree  of  a  child  from  bringing or sending the child or causing the
child to be brought or sent, into the state of New York for the  purpose
of placing out or boarding out the child.
3.    Application  for a license shall be submitted on a form approved
and provided by the department and be  accompanied  by  proof  that  the
applicant  holds  a license, or is approved by the department or similar
body in the state where the applicant resides, or where its chief office
is located, or where it has its place of business.
4.  Before bringing, sending, or causing to be brought  or  sent  into
this  state  any  child,  the  person, agency, association, corporation,
society, institution or other organization, duly licensed as provided in
this section must furnish the department a blanket indemnity bond  of  a
reputable  surety  company in favor of the state in the penal sum of not
less than ten thousand dollars.  Such bond must be approved as  to  form
and sufficiency by the department and conditioned as follows:
That  such  licensee (a) will report to the department immediately the
name of each such child, its age, the name of the state, and city, town,
borough or village, or the name of the country  from  which  such  child
came, the religious faith of the parents of the child, the full name and
last  residence of its parent or parents, the name of the custodian from
whom it is taken, and the name and residence of the person or authorized
agency with whom it is placed or boarded, released or surrendered, or to
whom adoption or guardianship is granted, and the death of such child or
any reboarding, replacement or other disposition;
(b)   will remove from the state  within  thirty  days  after  written
notice  is  given  any  such  child  becoming a public charge during his
minority;
(c)  will remove from the state immediately upon its release any  such
child  who  within  three  years from the time of its arrival within the
state is committed to an institution or prison as a result of conviction
for juvenile delinquency or crime;
(d)  will place or cause to be placed or board or cause to be  boarded
such  child  under  agreement  which  will secure to such child a proper
home, and will make the person so receiving such child  responsible  for
its proper care, education and training;
(e)  will comply with section three hundred seventy-three;
(f)    will supervise the care and training of such child and cause it
to be visited at least annually by a responsible agent of the  licensee;
and
(g)   will make to the department such reports as it from time to time
may require.
5.  In the event of the failure of such licensee to  comply  with  the
second  and  third conditions of the bond hereinbefore mentioned, and to
remove, after thirty days' notice so to do, a child  becoming  a  public
charge,  such portion of the bond shall be forfeited to the state or the
county or municipality thereof as shall equal the sum which  shall  have
been  expended  by  the state or such county or municipality thereof for
the care or maintenance or in the prosecution of such child or  for  its
return to the licensee.