2023 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.