reglab/statecodes huggingface dataset:
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 390-G - Pesticide Alternatives.

§  390-g.  Pesticide alternatives. 1. For purposes of this section the
following terms shall have the meanings set forth below:
(a) "Day care" shall apply to all child day care centers or head start
day care centers, as defined in section three  hundred  ninety  of  this
title.
(b)   "Pesticide"  shall  have  the  same  meaning  as  set  forth  in
subdivision  thirty-five  of  section  33-0101  of   the   environmental
conservation law, provided however that it shall not include:
(i)  the  application  of anti-microbial pesticides and anti-microbial
products as defined by FIFRA in 7 U.S.C. Section 136(mm) and 136q(h)(2);
(ii) the  use  of  an  aerosol  product  with  a  directed  spray,  in
containers  of  eighteen  fluid  ounces  or  less,  when used to protect
individuals from an imminent threat from stinging  and  biting  insects,
including venomous spiders, bees, wasps and hornets;
(iii)  the  use  of  non-volatile  insect  or  rodent bait in a tamper
resistant container;
(iv) the application of a pesticide classified by  the  United  States
Environmental  Protection Agency as an exempt material under 40 CFR Part
152.25;
(v) the use of boric acid and disodium octaborate tetrahydrate; or
(vi) the use of horticultural  soap  and  oils  that  do  not  contain
synthetic pesticides or synergists.
2.  No  day  care  shall  apply  pesticide  to  any playgrounds, turf,
athletic or playing fields, except that an emergency  application  of  a
pesticide  may  be made as determined by the county health department or
for a county not having a health department such authority as the county
legislature shall designate, the commissioner of health or  his  or  her
designee,  the  commissioner of environmental conservation or his or her
designee, or, in the case of a public school, the school board.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 390-H - Notice Requirement Before Closing Certain Day Care Centers.

§  390-h.  Notice requirement before closing certain day care centers.
1.  For the purposes of this section, the following terms shall have the
following meanings:
(a) "Child day care center" shall mean a  child  day  care  center  as
defined  in  paragraph  (c)  of subdivision one of section three hundred
ninety of this title.
(b)  "Person  legally  responsible"  shall  mean  a   person   legally
responsible as defined in subdivision (g) of section one thousand twelve
of the family court act.
2.  (a) Notwithstanding any other provision of law to the contrary, in
a city having a population  of  one  million  or  more,  if  the  social
services  district seeks to close a child day care center under contract
with such district, it shall provide at least six months written  notice
to  the  child  day  care  center  and  the  parents  or persons legally
responsible for children enrolled in such centers, prior to the closing.
(b) Paragraph (a) of this subdivision shall not apply in cases where a
local social services district seeks to close a child  day  care  center
for  violating  the  regulations  of  the  office of children and family
services, or for health and safety reasons.
(c) Paragraph (a) of this subdivision shall not apply in cases where a
local social services district seeks to close a child day care center on
an expedited basis for reasons of public safety,  criminal  behavior  by
the  center, breach of contract with the local social services district,
suspension or  revocation  of  the  center's  license  for  non-economic
reasons.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 390-I - Notice of Inspection Report.

§  390-i. Notice of inspection report. In every child day care program
  that is licensed or registered pursuant to section three hundred  ninety
  of  this title, the child day care provider shall post and maintain in a
  prominent place, a notice, to be provided by the office of children  and
  family  services,  that  shall state the date the most recent child care
  inspection occurred and provide information for parents  and  caregivers
  regarding  how  to  obtain  information  from  such office regarding the
  results of the inspection. If possible,  the  child  day  care  provider
  shall  also  post  such  information  on  the  child  day care program's
  website. Such child day care programs shall  post  and  maintain,  in  a
  prominent  place, such program's most recent compliance history as shown
  on the office of children and family services website.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 390-J - Performance Summary Card in a City Having a Population of One Million or More.

§ 390-j. Performance summary card in a city having a population of one
million  or  more. 1. Definitions. For the purposes of this section, the
following terms shall have the following meanings:
(a) "Child care service" shall mean any person who provides child  day
care  in  a  city  having  a  population  of one million or more that is
required to obtain a permit to operate pursuant to the  health  code  of
such city.
(b)  "Performance  summary  card" shall mean an individualized placard
that summarizes the health  and  safety  inspections  of  a  child  care
service  to reflect its compliance with applicable laws. The performance
summary  card  shall  summarize   recent   inspection   violations   and
suspensions  as  required by rules promulgated by the department issuing
such card. A  performance  summary  card  may  also  include  additional
information  such  as the capacity of the child care service, the length
of time for which such child care service has operated, a comparison  of
the  child  care service to other child care services in the same social
services district, and other information required by  such  department's
rules.
2.  Performance  summary  card.  The  department  of health and mental
hygiene of a city having a population of one million or more shall issue
a performance summary card to each child care service that  is  required
to  be  permitted  by the board of health of such city. Such performance
card shall be updated and reissued by  such  department  at  least  once
every twelve months. The child care service shall conspicuously post its
most recently issued performance summary card at or near its entrance in
accordance with rules promulgated by such department.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 390-L - Securing of Furniture.

§  390-l.  Securing  of  furniture. 1. This section shall apply to any
  child day care center as defined in paragraph (c) of subdivision one  of
  section  three hundred ninety of this title, or any authorized agency as
  defined in paragraph (a) of subdivision ten  of  section  three  hundred
  seventy-one  of  this title, including any agency boarding home or group
  home.
2. Any facility to which this section applies shall take  measures  to
  securely  anchor  to  the  floors or walls of such facility all items of
  large furniture and all electronic appliances capable  of  being  tipped
  over  due  to design, height, weight, stability or other features, using
  angle-braces, anchors or other anchoring devices. Any item of  furniture
  or  electronic  device which cannot be so anchored shall be removed from
  the facility.
3. If a violation of the provisions of this section is  discovered  by
  the  office of children and family services or any local social services
  district authorized to inspect  the  facility  at  which  the  violation
  occurs,  the  agency  discovering  the  violation  shall provide written
  notice of the violation to the operator  of  the  facility  and  to  the
  office  of  children  and  family  services  if  such  office is not the
  inspecting agency within ten calendar  days  of  the  discovery  of  the
  violation.  The  operator  of  the  facility shall correct the violation
  immediately, upon notice. If the violation is not corrected, the  office
  of   children  and  family  services  may  take  enforcement  action  in
  accordance with the applicable sections of state law.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 390-M - Window Coverings.

* §  390-m.  Window  coverings.  1.  For  purposes of this section the
following terms shall have the meanings set forth below:
(a) "Beaded chain" means a  cord  with  a  series  of  small  spheres,
typically made of metal or plastic.
(b)  "Cord  loop"  means  a loop formed by an inner cord that does not
diminish in size when the force used to create the loop is removed.
(c) "Cordless window covering" means:
(i) a horizontal blind or cellular shade that has no draw cord and the
internal lift cord runs in the slats of the horizontal blind so that the
cord is incapable of forming a loop greater than 4  inches  in  diameter
resulting in a 12-inch maximum circumference;
(ii)  a  Roman  shade,  roll-up blind, or woven shade that has no draw
cord and the lift  cord  is  completely  enclosed  so  that  it  is  not
accessible;
(iii)  a vertical blind that has a wand as its operating mechanism and
does not contain any beaded chains, corded pulleys, or other  cord  loop
operating mechanisms; and
(iv) a roller shade that does not contain a cord or beaded chain.
(d) "Draw cord" means any form of rope, strap, or string used to raise
or lower a window covering.
(e)  "Internal  lift  cord"  means a cord that is contained inside the
body and rails of the blind or shade.
(f) "Wand" means a rigid material used for manual operation.
2.  Any  child  day  care  center  as  defined  in  paragraph  (c)  of
subdivision one of section three hundred ninety of this title installing
new  or  replacement  window  coverings  shall  install  cordless window
coverings or window coverings with inaccessible  operational  and  inner
cords.
3.  Any  child  day  care  center  as  defined  in  paragraph  (c)  of
subdivision one of section three hundred ninety of this title  that  has
window  coverings  in place on the effective date of this section, shall
ensure that all window and door blind  cords,  ropes,  wires  and  other
strangulation  hazards  are  secured  and  inaccessible  to  children in
accordance with the regulations of the office  of  children  and  family
services.
4. If a child day care center fails to comply with the requirements of
subdivision  three  of  this  section, the office of children and family
services may require  replacement  of  existing  window  coverings  with
cordless   window   coverings  or  window  coverings  with  inaccessible
operational and inner cords.
* NB Effective December 28, 2024
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 391 - Violation; Injunction.

§  391.   Violation; injunction.   Violations of any provision of this
  title may be prohibited by injunction.   Whenever the  commissioner  has
  reason to believe that any provision of this title is being violated, or
  is  about  to be violated, he may maintain and prosecute, in the name of
  the people of this state, an action in the supreme court for the purpose
  of obtaining an injunction restraining such violation.
Notwithstanding any limitation of the civil practice  law  and  rules,
  such  court  may,  on  motion  and  affidavit,  and upon proof that such
  violation is one which reasonably may result in injury  to  any  person,
  whether  or  not  such  person  is  a  party  to  such  action,  grant a
  preliminary injunction or interlocutory injunction upon  such  terms  as
  may  be just.  No security on the part of the people of this state shall
  be required.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 392 - Services for Relative and Non-Relative Kinship Caregivers.

§  392.  Services for relative and non-relative kinship caregivers. 1.
  Notwithstanding any other provision of law to the contrary, when a local
  social services district is in contact with a relative  or  non-relative
  kinship  caregiver  or a suitable person who the district has approached
  about being a kinship caregiver, such  district  shall  provide  written
  information  as  described  in  subdivision  two of this section to such
  caregivers or prospective suitable persons. Such information shall  also
  be  made  available  through  the  website  of  both  the office and the
  district and by other  appropriate  means  in  a  manner  accessible  to
  relatives  and  non-relatives  caring for children outside of the foster
  care system.
2. Such information shall include but not be limited to:
a. information relating  to  child  only  grants,  including  but  not
  limited to, how to apply for child only grants;
b.  information  about how to become a kinship foster parent and other
  options for care; and
c. information on how to contact the department of  family  assistance
  kinship  programs  and  any resources funded through or operating in the
  local social services district for  relative  and  non-relative  kinship
  caregivers,  including  those  that  provide supportive services for all
  relative and non-relative kinship caregivers in the district.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 393*2 - Consideration of Blindness During Guardianship, Custody or Adoption Proceedings.

* §  393.  Consideration  of blindness during guardianship, custody or
  adoption proceedings. 1. The department may not deny, decide or oppose a
  petition or request for guardianship, custody or visitation  under  this
  article  solely  on  the  basis that the petitioner, parent, guardian or
  custodian is blind. The blindness of the petitioner, parent, guardian or
  custodian shall be considered relevant  only  to  the  extent  that  the
  blindness  affects  the  best interests of the child whose guardianship,
  custody or visitation is the subject of the petition.
2. The department shall not seek custody or guardianship  of  a  child
  solely  because  the child's parent, guardian or custodian is blind. The
  blindness of the parent,  guardian  or  custodian  shall  be  considered
  relevant  only  to  the  extent  that  the  blindness  affects  the best
  interests of the child whose guardianship, custody or visitation is  the
  subject of the petition.
3. As used in this section, "blind" or "blindness" means:
a. vision that is 20/200 or less in the best corrected eye; or
b. vision that subtends an angle of not greater than twenty degrees in
  the best corrected eye.
* NB There are 2 § 393's
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1-A - Child Care Creation and Expansion Tax Credit Program › 394-B - Eligibility Criteria.

§  394-b.  Eligibility  criteria.  1.  To be eligible for a tax credit
under the child care  creation  and  expansion  tax  credit  program,  a
business entity must:
(a)  be  a  business  entity  that  is  required  to file a tax return
pursuant to article nine-A, twenty-two or thirty-three of the tax law;
(b) be a child care program, or contract with such child care program,
as defined in this title that is  licensed  or  registered  pursuant  to
section three hundred ninety of this article;
(c)  create  or  expand  child care seats, directly or through a third
party, for the employees of such  business  entity  on  or  after  April
first,  two thousand twenty-three and before January first, two thousand
twenty-five;
(d) operate a business location in New York state;
(e) be in substantial compliance with any child  care  licensing  laws
and  regulations  related  to the entity's business sector or other laws
and regulations as determined by the commissioner; and
(f) not owe past due state taxes or local property  taxes  unless  the
business  entity  is  making  payments  and  complying  with an approved
binding payment agreement entered into with the taxing authority.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1-A - Child Care Creation and Expansion Tax Credit Program › 394-C - Application and Approval Process.

§  394-c.  Application and approval process. 1. A business entity must
submit a complete application as prescribed by the commissioner  by  the
thirty-first of January after the end of the service year.
2.  The  commissioner shall establish procedures for a business entity
to submit applications. As part of the application, each business entity
must:
(a)  provide  evidence  in  a  form  and  manner  prescribed  by   the
commissioner of their business eligibility;
(b) provide the license or registration issued to the business entity,
directly or through a third party, by the office to operate a child care
program  indicating  the  number  of child care seats created or, in the
case of a child care program that has experienced an expansion of  child
care   seats,   the   license  or  registration  issued  by  the  office
demonstrating such expansion;
(c)  provide  evidence  in  a  form  and  manner  prescribed  by   the
commissioner establishing:
(i) the total number of child care seats that were occupied during the
service year;
(ii)  of such total number of child care seats that were occupied, the
number of infant child care seats that were occupied and the  number  of
toddler child care seats that were occupied;
(iii)  that,  to the extent the business entity, directly or through a
third party, has expanded child care, the number of child care seats  in
existence  before such expansion and the number of such child care seats
that were occupied before such expansion; and
(iv) that the costs imposed on the  business  entity's  employees  for
such  child  care  program do not exceed forty percent of the child care
rate;
(d) agree to allow the department of taxation and finance to share the
business entity's tax information relevant to the administration of this
title with the office. However, any information shared as  a  result  of
this title shall not be available for disclosure or inspection under the
state freedom of information law;
(e)  allow  the  office and its agents access to any and all books and
records the office may require to monitor compliance; and
(f) agree to provide any additional information required by the office
relevant to this title.
3. After reviewing a business entity's completed final application and
determining that the business entity meets the eligibility  criteria  as
set  forth in this title, the office may issue to that business entity a
certificate of tax credit, which shall  set  forth  the  amount  of  the
credit that may be claimed and the service year.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1-A - Child Care Creation and Expansion Tax Credit Program › 394-D - Child Care Creation and Expansion Tax Credit.

§  394-d.  Child care creation and expansion tax credit. 1. A business
  entity in the child care creation and expansion tax credit program  that
  meets   the   eligibility   requirements   of   section   three  hundred
  ninety-four-b of this title may be eligible to claim a  credit  for  the
  portion  of  the  service  year  in  which the child care program was in
  operation, equal to the sum of: (a) the product of the number of  infant
  child  care  seats that have been created or expanded and twenty percent
  of the child care rate for such infant child  care  seats  and  (b)  the
  product of the number of toddler child care seats that have been created
  or  expanded  and twenty percent of the child care rate for such toddler
  child care seats; provided that such infant and toddler child care seats
  are child care seats that are occupied.  Notwithstanding  the  preceding
  sentence,  a credit shall not be allowed for more than twenty-five child
  care seats that are occupied, and the  amount  of  such  credit  may  be
  reduced as a result of an allocation of available funds, as described in
  section three hundred ninety-four-e of this title.
2.  The  credit  shall  be allowed as provided in section forty-eight,
  subdivision fifty-nine of section two hundred ten-B, subsection (ooo) of
  section six hundred six and subdivision (ee) of section fifteen  hundred
  eleven of the tax law.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1-A - Child Care Creation and Expansion Tax Credit Program › 394-E - Allocation of Credit.

§  394-e.  Allocation  of  credit. The aggregate amount of tax credits
  allowed under this title, subdivision fifty-nine of section two  hundred
  ten-B,  subsection (ooo) of section six hundred six and subdivision (ee)
  of section fifteen hundred eleven of the tax law  shall  be  twenty-five
  million  dollars  each  year during the period two thousand twenty-three
  and two thousand twenty-four. Such aggregate amount of credits shall  be
  allocated by the office on a pro rata basis to each business entity that
  demonstrates eligibility pursuant to section three hundred ninety-four-b
  of this title.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1-A - Child Care Creation and Expansion Tax Credit Program › 394-F - Powers and Duties of the Commissioner.

§  394-f.  Powers  and duties of the commissioner. 1. The commissioner
  may promulgate  regulations  establishing  an  application  process  and
  eligibility criteria, which will be applied consistent with the purposes
  of  this  title  so  as  not to exceed the annual cap on tax credits set
  forth in  this  title,  that,  notwithstanding  any  provisions  to  the
  contrary in the state administrative procedure act, may be adopted on an
  emergency basis.
2.  The  commissioner  shall,  in  consultation with the department of
  taxation and finance, develop a certificate of tax credit that shall  be
  issued  by  the  commissioner  to  eligible businesses. Such certificate
  shall contain such information as required by the department of taxation
  and finance.
3. The commissioner shall solely  determine  the  eligibility  of  any
  business entity applying for entry into the program and shall remove any
  business  entity  from  the  program  for  failing  to  meet  any of the
  requirements set forth in section three hundred  ninety-four-b  of  this
  title.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 395 - Responsibility of Public Welfare Districts for the Welfare of Children.

§  395.  Responsibility of public welfare districts for the welfare of
  children.   A public welfare  district  shall  be  responsible  for  the
  welfare  of  children  who  are  in  need of public assistance and care,
  support and protection, residing or found in its territory,  insofar  as
  not  inconsistent  with  the  jurisdiction  of  a  family  court.   Such
  assistance and care shall be administered either directly by the  public
  welfare  official  charged  therewith,  or  by  another  public  welfare
  official acting on his behalf by and pursuant to the provisions of  this
  chapter, or through an authorized agency as defined by this chapter.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 396 - Health and Welfare Services to All Children.

§  396.    Health  and  welfare services to all children.   All public
  welfare districts and towns, shall provide children who  attend  schools
  other than public with all or any of the health and welfare services and
  facilities,  including  but  not  limited  to health, surgical, medical,
  dental and therapeutic care  and  treatment,  and  corrective  aids  and
  appliances,  authorized  by  law  and  now  granted  or  hereafter  made
  available by the public welfare district or districts and/or  towns  for
  or  to  children  in  the public schools in so far as these services and
  facilities may be requested by the authorities of the schools other than
  public.    Any  such  services  or  facilities  shall  be  so   provided
  notwithstanding  any  provision of any charter or other provision of law
  inconsistent herewith.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 397 - Powers and Duties of Social Services Officials in Relation to Children.

§  397.  Powers and duties of social services officials in relation to
children.  All   social   services   officials   responsible   for   the
administration  of  safety net assistance to families shall, in relation
to all children in such families other than delinquent children, persons
in  need  of  supervision,  mentally   disabled   children,   physically
handicapped children and children born out of wedlock who shall be cared
for  under  the  provisions  of  the  following section, have powers and
perform duties as follows:
1. As to destitute children:
(a) Investigate the family circumstances of  each  child  reported  as
destitute  in order to determine what care, supervision or treatment, if
any, such child requires.
(b)  Administer  and  supervise  relief  to  families  with  destitute
children  when  such  families  are unable to care for such children and
relief is necessary to prevent the separation  of  children  from  their
parents.
(c)  Furnish children, whose parents or guardians are unable to do so,
with suitable clothing, shoes, books,  food  and  other  necessaries  to
enable them to attend upon instruction as required by law.
2. As to neglected and abused children:
(a)  Investigate complaints of neglect and abuse of children and offer
protective social services to prevent injury to the child, to  safeguard
his  welfare,  and  to  preserve  and  stabilize  family  life  wherever
possible.
(b) Bring such  case  when  necessary  before  the  family  court  for
adjudication.
(c) Institute proceedings in a court of competent jurisdiction against
a parent or adult for neglect or abuse of a child.
3.  Provide  any  necessary medical or hospital care for such children
when  responsible  for  the  provision  of  such  care   under   section
sixty-nine.
4.  The  provisions  of  this section shall not be deemed to confer on
social services officials responsible  only  for  the  authorization  of
safety net assistance or of safety net assistance and hospital care, any
powers and duties in relation to destitute and neglected children except
as follows:
(a) As to destitute children:
(1)  Authorize  relief  to  families with destitute children when such
families are unable to care for such children and relief is necessary to
prevent the separation of children from their parents.
(2) Furnish children, whose parents or guardians are unable to do  so,
with  suitable  clothing,  shoes,  books,  food and other necessaries to
enable them to attend upon instruction as required by law.
(b) As to neglected and abused children:
Report to the county commissioner any complaint they  may  receive  of
neglect and abuse of children.
(c)  Provide  any  necessary  medical  care  or hospital care for such
children when responsible for the provision of such care  under  section
sixty-nine.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 398-B - Transition to Managed Care.

§   398-b.   Transition   to  managed  care.  1.  Notwithstanding  any
  inconsistent provision of  law  to  the  contrary  and  subject  to  the
  availability  of  federal  financial  participation, the commissioner is
  authorized to make grants up to a gross amount of five  million  dollars
  for  state  fiscal year two thousand fourteen--fifteen and up to a gross
  amount of fifteen million dollars for state  fiscal  year  two  thousand
  fifteen--sixteen  to  facilitate  the transition of foster care children
  placed with voluntary foster care agencies to managed care. The  use  of
  such  funds  may  include  providing training and consulting services to
  voluntary agencies to assess readiness and make necessary infrastructure
  and organizational modifications,  collecting  service  utilization  and
  other  data  from  voluntary  agencies  and  other  entities, and making
  investments   in   health   information   technology,   including    the
  infrastructure  necessary  to  establish  and maintain electronic health
  records. Such funds shall be distributed pursuant to  a  formula  to  be
  developed  by  the  commissioner  of  health,  in  consultation with the
  commissioner  of  the  office  of  children  and  family  services.   In
  developing such formula the commissioners may take into account size and
  scope  of  provider  operations  as a factor relevant to eligibility for
  such funds. Each recipient of such funds shall be required  to  document
  and  demonstrate  the  effective  use  of  funds  distributed herein. If
  federal financial participation  is  unavailable,  then  the  nonfederal
  share  of  payments  pursuant  to  this subdivision may be made as state
  grants.
2. Data provided by voluntary foster care agencies shall be  compliant
  with  the health insurance portability and accountability act, and shall
  be transmitted securely using eMEDS or other mechanism to be  determined
  by  the department of health. Such data may be used by the department of
  health to establish rates of payment for managed care organizations  for
  services provided to children in foster care. In establishing such rates
  the   commissioner   of   health  shall  also  take  into  account  care
  coordination services that will continue to be provided by the voluntary
  foster care agencies.
3. The commissioner of health shall issue a report to be  made  public
  on  the department of health's website. Such report shall conform to the
  requirements of subdivision five of section  ninety-two  of  part  H  of
  chapter fifty-nine of the laws of two thousand eleven.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 398-C - Powers and Duties of the Commissioner in Relation to Children.

§  398-c.  Powers  and  duties  of  the  commissioner  in  relation to
  children. 1. The commissioner shall determine  whether  a  child,  whose
  report  is  submitted to the department pursuant to subparagraph five of
  paragraph b of subdivision one of section forty-four hundred two of  the
  education   law   or  subdivision  thirteen  of  section  three  hundred
  ninety-eight of this article, will likely need adult  services  and,  if
  such need will likely exist, develop a recommendation of all appropriate
  programs authorized or operated by the department which may be available
  when  the  child  attains  the  age  of  twenty-one.  If  necessary  and
  appropriate, the commissioner may conduct an evaluation of the child  to
  determine  if  adult  services will be necessary. Such recommendation of
  all programs shall be made available to the parent or guardian  of  such
  child  as  soon  as practicable but no later than six months before such
  child attains the age of twenty-one.
2. If the commissioner determines pursuant to subdivision one of  this
  section,   that   such  child  will  not  require  adult  services,  the
  commissioner shall notify the child's parent or guardian in  writing  of
  such  determination.  Such  notice shall be given as soon as practicable
  but no later than six  months  before  the  child  attains  the  age  of
  twenty-one.
3.  Notwithstanding  subdivisions  one  and  two  of this section, the
  commissioner may determine that the department is  not  responsible  for
  determining  and recommending adult services for such child. When such a
  determination is made it shall be made  as  soon  as  practicable  after
  receiving  the  report  and  the  commissioner  shall promptly notify in
  writing the committee on special education,  multidisciplinary  team  or
  social services official who sent the report that such determination has
  been made. Such notice shall state the reasons for the determination and
  may  recommend  a  state agency which may be responsible for determining
  and recommending adult services.
4. Nothing in this section shall be construed to create an entitlement
  to adult services.
5. A designee of the commissioner may carry out the functions  of  the
  commissioner described in this section.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 398-E - Eligibility for Protective Services, Foster Care Services, and Residential Services for Victims of Domestic Violence.

§  398-e.  Eligibility  for protective services, foster care services,
  and residential services for victims of domestic violence. A noncitizen,
  including a non-qualified alien, as  determined  by  applicable  federal
  statute  and  regulation, is eligible for protective services for adults
  and children, foster care services, and residential services for victims
  of domestic violence, to the extent such person  is  otherwise  eligible
  pursuant  to  this chapter and the regulations of the office of children
  and  family  services  and  the  office  of  temporary  and   disability
  assistance.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 399 - Children Discharged From State Institutions.

§     399.     Children  discharged  from  state  institutions.    The
  commissioner  of  social  services  shall  co-operate  with  the   state
  institutions   for   delinquent,   mentally   disabled   and  physically
  handicapped children to ascertain the conditions of  the  home  and  the
  character and habits of the parents of a child before his discharge from
  a  state institution, and make recommendations as to the advisability of
  returning said child to his home.  In case the  commissioner  of  social
  services  shall  deem  it  unwise to have any such child returned to his
  former home, such  state  institution  may,  with  the  consent  of  the
  commissioner,  place  such  child  into the care of said commissioner of
  social services.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 400 - Removal of Children.

§ 400.  Removal of children. 1.  When any child shall have been placed
  in  an  institution  or in a family home by a  social services official,
  the social services official may remove such child from such institution
  or family home and make such disposition of such child as is provided by
  law, provided however, that in the case of a child who is a patient in a
  hospital licensed or operated by  the  office  of  mental  health,  such
  social  services  official  may  remove such child only upon the written
  authorization of the medical director of the facility in which the child
  is a patient. A medical  director  may  only  refuse  to  authorize  the
  removal  of  a  child  if involuntary care and treatment of the child is
  warranted. In such case the director  shall  institute  necessary  civil
  commitment  proceedings  in  accordance  with article nine of the mental
  hygiene law.
2.   Any person aggrieved  by  such  decision  of  a  social  services
  official  may  appeal  to  the  department pursuant to the provisions of
  section twenty-two of this chapter.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 401 - Births to Inmates of Public Homes.

§  401.  Births to inmates of public homes.  No commissioner of public
  welfare shall provide care in a  public  home  for  any  pregnant  woman
  during  confinement  unless  such  public  home has adequate hospital or
  infirmary facilities, is equipped to  give  the  necessary  medical  and
  nursing  care and has a certificate from the department authorizing such
  public home to care for maternity cases.    Certificates  authorizing  a
  public  home to care for maternity cases may be issued by the department
  for a one-year period, subject to renewal, but may  be  revoked  at  any
  time  by  the  department.    If  the public home is not so certified, a
  commissioner of public welfare  shall,  a  reasonable  time  before  the
  expected  confinement  of  any  pregnant  woman inmate, provide suitable
  maintenance and medical care for her in a hospital or some  other  place
  equipped to give adequate care.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 402 - Children Forbidden in Public Homes.

§  402.    Children  forbidden  in  public  homes.   No public welfare
  official shall send a child to be cared for in a  public  home,  and  no
  commissioner  of  public  welfare and no superintendent of a public home
  shall receive a child in a public home, except that a  child  under  the
  age  of  two  years  may  be cared for with his mother in a public home.
  Such child shall not remain in the public  home  after  he  becomes  two
  years  of  age.    Provided,  however,  that  when  so authorized by the
  department a child may be sent to a general hospital  connected  with  a
  public  home  or  to  a separate institution located in the grounds of a
  public home used  only  for  special  or  temporary  care  of  children.
  Provided,  further,  that  the  provisions  of this section shall not be
  deemed to prohibit the placement  of  a  child  or  minor  in  a  public
  institution   for   children,   as  defined  in  section  three  hundred
  seventy-one of this chapter.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 403 - The Religious Faith of Children and Minors.

§  403.    The  religious faith of children and minors.  The religious
  faith of children and minors between sixteen and eighteen years  of  age
  coming  under  the  jurisdiction  of  public  welfare officials shall be
  preserved  and  protected  in  accordance  with  section  three  hundred
  seventy-three.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 3 - Child Welfare Services › 406 - Department of Social Welfare Designated as State Agency.

§  406.  Department of social welfare designated as state agency.  The
  department is hereby designated as the agency of the state to administer
  and expend any and all grants of moneys allocated or made  available  to
  the  state  under  the provisions of the federal social security act for
  child welfare services as defined in such act, subject to the provisions
  of such act and rules and regulations established thereunder and to  the
  laws  of  the  state  and rules and regulations established by the state
  comptroller.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 3 - Child Welfare Services › 408 - Custodian of Funds.

§ 408.  Custodian of funds.  The department of taxation and finance is
  hereby  authorized  to accept and receive on behalf of the state any and
  all grants or allotments of money made available  to  the  state  by  or
  pursuant  to  the  federal  social  security  act for such child welfare
  services.  All moneys so accepted and received shall be deposited by the
  department of taxation and finance to the credit of a special  fund  for
  use  exclusively  for  the  purposes for which such grants or allotments
  were made.    The  department  shall  certify  to  the  comptroller  all
  expenditures  to  be made from such special fund for payment of the part
  of the cost of district, county or other local  child  welfare  services
  and  for  developing state services for the encouragement and assistance
  of adequate methods of  community  child  welfare  organization.    Such
  expenditures may be made for personal service and for administrative and
  other costs of operation.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 4 - Preventive Services for Children and Their Families › 409 - Preventive Services; Definition.

§  409.    Preventive  services;  definition.   As used in this title,
  "preventive services" shall mean supportive and rehabilitative  services
  provided,   in   accordance  with  the  provisions  of  this  title  and
  regulations of the department, to children and their  families  for  the
  purpose of:  averting an impairment or disruption of a family which will
  or  could  result in the placement of a child in foster care; enabling a
  child who has been placed in foster care to return to his family  at  an
  earlier   time  than  would  otherwise  be  possible;  or  reducing  the
  likelihood that a child who has been discharged from foster  care  would
  return to such care.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 4-A - Child Welfare Services Planning and Administration › 409-G - Training of Child Welfare Personnel.

§  409-g.    Training  of child welfare personnel.  Within the amounts
  appropriated therefor, including all federal reimbursement  received  or
  to  be  received  on  account  thereof, the department shall develop and
  implement a plan for  the training of social services district and other
  authorized agency  personnel,  including  caseworkers  involved  in  the
  provision  or  supervision  of preventive services, foster care services
  and adoption services.   Such training shall include  but  need  not  be
  limited to:
1.  Permanence casework:  casework methodologies focused on activities
  designed to prevent placement in foster care or to shorten the length of
  stay  in  care  for those children who can be returned home or freed for
  adoption;
2.  Development of skills to facilitate rehabilitation or  restoration
  of the family unit;
3.    Development  of knowledge and skills in legally freeing children
  for adoption and providing adoption services;
4.  Development of knowledge and skills to prepare for court processes
  necessary in foster care and adoption; and
5.   Development of case  management  skills  including  planning  for
  permanence for each child.
2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 4-B - Services; Pregnant Adolescents › 409-J - Case Management.

§  409-j. Case management. 1. As used in this title, "case management"
  shall refer to a method of providing necessary  prevention  and  support
  services,  directly  or by purchase of services, to recipients of public
  assistance and shall require the facilitating of such services  for  the
  purpose  of  insuring  family  stability and assistance in achieving the
  greatest degree of economic independence.
2. Appropriate local social services  staff  shall  be  designated  as
  responsible  on  a  case  by  case basis, for the assessment of services
  needed by the adolescent or teenage recipient to achieve defined service
  goals, and for the planning  and  referral  of  services  and  follow-up
  activities,   including   the  monitoring  and  evaluation  of  services
  provided. Designated case management  staff  shall  be  responsible  for
  performing such activities for a specified period prescribed pursuant to
  department  regulations  dependent on such factors as age, education and
  job skills attainment of the individual, household size and stability of
  the family unit.
3. When referrals to services are provided  under  other  state-funded
  programs  or are directly purchased by the social services district, the
  district may request that  the  provider  obtain  and  transmit  to  the
  district  the  information  necessary  to  perform  the  case management
  function.
4. The provisions of this title shall apply to those  cases  involving
  pregnant  adolescents  and teen parents in receipt of public assistance,
  including any males and females under eighteen  years  of  age  who  are
  designated  payees  of their own cases, payees of their children's cases
  or those public  assistance  recipients  under  eighteen  years  of  age
  identified  pursuant  to  rules and regulations as at-risk youth needing
  prevention services, where appropriate. At local option, case management
  services may be provided to those cases headed by persons eighteen years
  of age or older but under twenty-one years of age.
5. In the event that an adolescent or  teenage  recipient  refuses  to
  accept  services  identified by social services district staff as needed
  by the adolescent or teenager, such refusal shall not carry  any  threat
  of fiscal sanctions.
6.  Case  records  developed  by  social  services districts and other
  agencies for persons eligible for or receiving services pursuant to  the
  provisions  of  this  section  shall  be  confidential and maintained in
  accordance with the provisions of section one hundred thirty-six of this
  chapter and the regulations of the department.