2023 New York Laws › SOS - Social Services › Article 2 - Department and State Board of Social Welfare › 17 - Powers and Duties of the Commissioner.

§ 17. Powers and duties of the commissioner. The commissioner shall
(a)   determine   the   policies  and  principles  upon  which  public
assistance, services and care shall be provided within the state both by
the state itself and by the local governmental units within  the  limits
hereinafter prescribed in this chapter;
(b)  make  known  his policies and principles to local social services
officials and to public and private institutions  and  welfare  agencies
subject to his regulatory and advisory powers;
(c)  in  consultation  with  the  civil  service commission, establish
minimum  qualifications  for  positions   in   local   social   services
departments   and   classify   such  positions  according  to  differing
capabilities, skills, responsibilities and  education  suitable  to  the
various  phases  of  welfare  administration,  not inconsistent with the
standards and guidelines of a duly authorized federal agency, having due
regard for recruitment of personnel and  the  requirements  and  varying
types  of communities within the state. Notwithstanding any inconsistent
provision of law, rule or regulation, when (i) a position is vacant  and
not  filled  for  a continuous period of three months, and (ii) provided
that no person meeting all  the  prescribed  minimum  qualifications  is
available  therefore,  the local social services commissioner may, if in
accordance with federal standards, waive those qualifications  which  he
deems   least  essential  for  such  position  and  make  a  provisional
appointment of a person otherwise qualified therefor;
(d) submit an annual report to the governor and the legislature  prior
to  the fifteenth day of December of each year. Such annual report shall
include the following: the affairs of the department and the  status  of
welfare  programs  in the state with recommendations for the improvement
and development of welfare programs; a report on the  department's  fair
hearing  system,  as  required  by section twenty-two of this article; a
written evaluation report on the delivery of child welfare  services  in
the state, as required by subdivision five of section four hundred seven
of  this  chapter;  a  report  of  the  operations  of the state central
register of child abuse and maltreatment and  the  various  local  child
protective  services,  as required by section four hundred twenty-six of
this chapter; a report on the number and  status  and  the  findings  of
investigations  of  deaths  of  children pursuant to subdivision five of
section twenty of  this  chapter;  a  report  on  the  progress  of  the
development  and  operation of the child care review system, as required
by subdivision nine of section four hundred forty-two of  this  chapter;
commencing  before  December fifteenth, nineteen hundred eighty-four and
terminating on  December  fifteenth,  nineteen  hundred  eighty-nine,  a
progress  report  on  the  planning  and  implementation  of the teenage
services act as required by  the  provisions  of  section  four  hundred
nine-m  of  title four-B of this chapter; an analysis of the information
contained in the  registry  of  community  facilities,  as  required  by
paragraph  (b)  of subdivision two of section four hundred sixty-three-a
of this chapter; and a report on the  operation  of  the  child  support
enforcement  program,  as required by chapter six hundred eighty-five of
the laws of nineteen hundred seventy-five;
* (d-1) in consultation with  the  commissioner  of  the  division  of
criminal  justice,  submit  a report to the governor, the speaker of the
assembly, the temporary president of the senate and the  chairs  of  the
assembly  and  senate  standing  committee  on  social  services, on the
services provided to human trafficking  survivors  for  the  purpose  of
assessing the availability, utilization and necessity for such services.
The  initial  report shall be provided one year after the effective date
of this subdivision and annually thereafter and shall include,  but  not
be limited to, the following:
(i)  the  number  of human trafficking referrals made to the office of
temporary and disability assistance including the  number  of  confirmed
cases;
(ii)  the  number of human trafficking survivors that received housing
and/or services, with specific information about the type of housing  or
service;
(iii)  the  number of human trafficking survivors that did not receive
housing and/or services, and an indication as to what  type  of  housing
and/or  service  was  requested and whether such housing and/or services
were denied due to a lack of availability or because the  case  was  not
confirmed; and
(iv)  information  pertaining  to  the  types  of services provided by
providers such as: (1)  the  number  of  current  contracts  to  provide
housing  and  services  for human trafficking survivors and their annual
funding levels, broken down by contract; (2)  the  number  of  contracts
and/or  services that have ended, been terminated or not renewed and the
reason why; (3) the types of housing and/or services that are  provided,
as  well  as the availability of such services, including the geographic
location of such housing or service; and (4) any other  information  the
office of temporary and disability assistance deems appropriate.
* NB There are 2 sb (d-1)'s
* (d-1)(1)  in consultation with each local health department and each
social services district in  the  county  in  which  a  publicly  funded
shelter  is  located,  the commissioner of the department of health, the
commissioner  of  the  office  of  children  and  family  services,  the
commissioner  of  the New York city department of homeless services, and
the commissioner of the New York city department of  health  and  mental
hygiene, conduct a review of information, to the extent such information
is  known and available after making all diligent efforts, regarding the
homeless population in publicly funded shelters, during a state disaster
emergency, declared pursuant to executive order two hundred two  of  two
thousand twenty or any extension or subsequent executive order issued in
response to the novel coronavirus (COVID-19) pandemic, including but not
limited to, the following information:
(i) the number of confirmed infected individuals;
(ii) the number of hospitalizations;
(iii) the number of deaths;
(iv)  information  regarding  the  individual,  if known: (a) age; (b)
race; (c) family composition; (d) shelter status; (e)  type  of  shelter
including:  family  shelter, a shelter for adults, a hotel, an emergency
apartment, a domestic violence shelter, a  runaway  and  homeless  youth
shelter,  or  a safe house for refugees; (f) any known risk factors; and
(g) any other information the office deems appropriate;
(v) with regard to individuals residing in a residential  program  for
victims  of  domestic  violence  or  for  runaway  and  homeless  youth,
information regarding the average number of individuals reported with  a
confirmed  infection,  the  number and percentage of programs struggling
with an outbreak, and the number and percentage of residents impacted in
those programs compared to the program's maximum capacity.
(2) in consultation with the commissioner  of  health,  utilizing  the
information  reviewed  pursuant to paragraph (1) of this subdivision and
to the extent that confidentiality requirements set  forth  in  law  and
regulation  are  maintained publish a report containing such information
aggregated by county. When confidentiality requirements set forth in law
and regulation prevent the  publication  of  information  aggregated  by
county,  the  report  shall  contain  such  information  aggregated  for
multiple counties and organized by  geographic  region.  Notwithstanding
any  other  provision  of  this  paragraph, for residential programs for

victims of domestic violence and runaway and  homeless  youth,  reported
information shall be aggregated on a statewide basis.
(3)  post  the  report  on  the  office  of  temporary  and disability
assistance's website within sixty days of the  effective  date  of  this
paragraph  and  update the report at least every three months thereafter
during the state disaster emergency declared pursuant to executive order
two hundred two of two thousand twenty or any  extension  or  subsequent
executive  order  issued in response to the novel coronavirus (COVID-19)
pandemic.
* NB There are 2 sb (d-1)'s
(e) work cooperatively with the commissioner of the office  of  mental
health  and the commissioner of the office for people with developmental
disabilities to assist  the  commissioner  of  education  in  furnishing
integrated  employment services to individuals with severe disabilities,
including the development of  an  integrated  employment  implementation
plan pursuant to article twenty-one of the education law;
(f)  in  conjunction  with  the commissioner of education, develop and
annually review a plan to ensure coordination and  access  to  education
for  homeless  children,  in  accordance  with the provisions of section
thirty-two hundred nine of the education law, and monitor compliance  of
local social services districts with such plan;
(g)  require  participation  of  all  employees  of a child protective
service in a training course which has been developed by the office  for
the  prevention  of  domestic violence in conjunction with the office of
children  and  family  services  whose  purpose   is   to   develop   an
understanding of the dynamics of domestic violence and its connection to
child abuse and neglect. Such course shall:
(i) pay special attention to the need to screen for domestic violence;
(ii)  place emphasis on the psychological harm experienced by children
whose environment is  impacted  by  familial  violence  and  accordingly
explore avenues to keep such children with the non-abusive parent rather
than  placing  them  in foster care further traumatizing both the victim
and the children;
(iii) provide instruction regarding the scope of  legal  remedies  for
the abused parent;
(iv)  identify  obstacles  that prevent individuals from leaving their
batterers and examine safety options  and  services  available  for  the
victim;
(v)  provide  information  pertaining  to  the  unique barriers facing
certain immigrant women and the  options  available  under  the  federal
Violence Against Women Act;
(vi)  analyze procedures available to sanction and educate the abusing
partner; and
(vii) emphasize the need for the system to hold  the  abusing  partner
responsible by appropriate referrals to law enforcement.
(h)  make  available  on its website all award allocations for request
for proposals issued by the office of children and family services  upon
release  of  such  awards.  Such  information  shall  also  include  all
organizations requesting funding and  the  amounts  requested  for  each
request  for  proposal.  The  office of children and family services may
also include any other information related to each program that it deems
appropriate;
(i) make available to the council on children and families information
regarding: (1) all recipients of grants awarded or administered  by  the
office  of  children  and  family services for the purposes of providing
afterschool programs; (2) registered school  age  child  care  providers
registered  by  the office of children and family services; and (3) home
visiting programs that meet the criteria as  required  by  section  four

hundred  twenty-nine  of  this chapter regardless of whether they have a
contract with or receive funding from the state. Such information  shall
be provided in accordance with the requirements set forth in subdivision
two  of  section  four  hundred  eighty-three-h  of  this  chapter. Such
information shall be made available no less than once a year; and
* (i) exercise such other powers and perform such other duties as  may
be imposed by law.
* NB Effective March 31, 2025
* (j)  have  the  authority appoint a temporary operator in accordance
with this subdivision:
(1) For the purposes of this subdivision:
(i) "Building" shall mean an entire building or  a  unit  within  that
provides emergency shelter to homeless persons.
(ii)  "Commissioner"  shall mean the commissioner of the office or his
or her designee.
(iii) "Data" shall mean written documentation or knowledge obtained in
the course of an inspection, audits, or other methods authorized by law.
(iv) "Emergency shelter" means any building  with  overnight  sleeping
accommodations,  the  primary  purpose  of which is to provide temporary
shelter for the homeless in general or for specific populations  of  the
homeless,   including  residential  programs  for  victims  of  domestic
violence and runaway and homeless youth programs certified by the office
of children and family services.
(v) "Established operator" shall mean a provider of emergency shelter.
(vi) "Serious financial, health or safety deficiency"  shall  include,
but not be limited to, missed mortgage payments, missed rent payments, a
pattern  of  untimely  payment of debts, failure to pay its employees or
vendors, insufficient funds to meet the general  operating  expenses  of
the  program, or a violation of law, regulation, or code with respect to
a building that provides emergency shelter to homeless persons, in which
there  are  conditions  that  are   dangerous,   hazardous,   imminently
detrimental  to life or health, or otherwise render the building not fit
for human habitation.
(vii) "Temporary  operator"  shall  mean  any  provider  of  emergency
shelter that:
(A)  agrees to provide emergency shelter pursuant to this chapter on a
temporary basis in the best interests of its  homeless  individuals  and
families served by the building;
(B)  has  a  history  of  compliance  with applicable laws, rules, and
regulations and a record of providing emergency shelter of good quality,
as determined by the commissioner; and
(C) prior to  appointment  as  temporary  operator,  develops  a  plan
determined  to  be  satisfactory  by  the  commissioner  to  address the
building's deficiencies.
(2) (i) A temporary operator may only be appointed after the emergency
shelter has been provided notice of alleged violations and  the  ability
to  cure  such violations. The local social services district shall also
be notified of the alleged violations prior  to  the  appointment  of  a
temporary  operator.  If  the  emergency  shelter  fails  to  cure  such
violations in a timely manner, a temporary  operator  may  be  appointed
where:  (A)  data demonstrates that the building is exhibiting a serious
financial, health, or safety deficiency; (B) data demonstrates that  the
established  operator  is  unable  or  unwilling  to  ensure  the proper
operation of the building; or (C) data indicates there exist  conditions
that  seriously  endanger  or jeopardize emergency shelter residents. If
the  commissioner  determines  to  appoint  a  temporary  operator,  the
commissioner  shall notify the established operator and the local social
services district of  his  or  her  intention  to  appoint  a  temporary

operator to assume sole responsibility for the provider of the emergency
shelter's  operations for a limited period of time. The appointment of a
temporary operator shall be effectuated pursuant to  this  section,  and
shall be in addition to any other remedies provided by law.
(ii) The established operator may at any time request the commissioner
to  appoint  a  temporary  operator.  Upon receiving such a request, the
commissioner may, if he  or  she  determines  that  such  an  action  is
necessary, enter into an agreement with the established operator for the
appointment of a temporary operator to restore or maintain the provision
of  quality  emergency  shelter to the emergency shelter residents until
the established operator can resume  operations  within  the  designated
time  period  or  other action is taken to suspend, revoke, or limit the
authority of the established operator.
(3) (i) A temporary operator appointed pursuant to this section  shall
use his or her best efforts to implement the plan deemed satisfactory by
the  commissioner  to  correct  or  eliminate  any  deficiencies  in the
building and to promote the quality and accessibility of  the  emergency
shelter in the community served by the provider of emergency shelter.
(ii) During the term of appointment, the temporary operator shall have
the  authority  to  direct  the  staff  of  the  established operator as
necessary  to  appropriately  provide  emergency  shelter  for  homeless
individuals  and  families.  The  temporary  operator shall, during this
period, provide emergency shelter in such a manner as to promote  safety
and  the quality and accessibility of emergency shelter in the community
served by the established operator until either the established operator
can resume operations or until the office revokes the authority  of  the
emergency shelter to operate under this chapter.
(iii)  The  established  operator  shall grant access to the temporary
operator to the established operator's accounts and records in order  to
address   any  serious  financial,  health  or  safety  deficiency.  The
temporary operator shall approve any decision related to an  established
provider's  day  to day operations or the established provider's ability
to provide emergency shelter.
(iv) The temporary operator shall not be required to file any bond. No
security interest in  any  real  or  personal  property  comprising  the
established  operator or contained within the established operator or in
any fixture of the building, shall be impaired or diminished in priority
by the temporary operator. Neither the temporary operator nor the office
shall  engage  in  any  activity  that  constitutes  a  confiscation  of
property.
(4)   Costs   associated   with   the  temporary  operator,  including
compensation,  shall  follow  the  financing  structure  established  in
accordance  with  section  one  hundred  fifty-three of this chapter, as
modified by the current aid to localities provisions for the  office  of
temporary  and  disability  assistance  within  the department of family
assistance. The temporary operator shall be liable only in its  capacity
as temporary operator for injury to person and property by reason of its
operation  of  such  building; no liability shall incur in the temporary
operator's  personal  capacity,  except   for   gross   negligence   and
intentional acts.
(5)  (i) The initial term of the appointment of the temporary operator
shall not exceed ninety days. After ninety  days,  if  the  commissioner
determines  that  termination  of  the  temporary  operator  would cause
significant deterioration of the quality of,  or  access  to,  emergency
shelter  in  the community or that reappointment is necessary to correct
the  deficiencies  that  required  the  appointment  of  the   temporary
operator,  the commissioner may authorize an additional ninety-day term.
However,   such   authorization   shall   include   the   commissioner's

requirements   for  conclusion  of  the  temporary  operatorship  to  be
satisfied within the additional term.
(ii) Within fourteen days prior to the termination of each term of the
appointment  of  the  temporary  operator,  the temporary operator shall
submit to the commissioner, to the local social services  district,  and
to the established operator a report describing:
(A) the actions taken during the appointment to address the identified
building  deficiencies,  the  resumption  of  building operations by the
established operator, or the  revocation  of  authority  to  operate  an
emergency shelter;
(B)  objectives  for the continuation of the temporary operatorship if
necessary and a schedule for satisfaction of such objectives; and
(C) if applicable, the recommended actions for the  ongoing  provision
of emergency shelter subsequent to the temporary operatorship.
(iii)  The  term  of  the  initial  appointment  and of any subsequent
reappointment  may  be  terminated  prior  to  the  expiration  of   the
designated  term, if the established operator and the commissioner agree
on a plan of correction and the implementation of such plan.
(6) (i) The commissioner shall, upon  making  a  determination  of  an
intention  to  appoint a temporary operator pursuant to subparagraph (i)
of paragraph two of this subdivision, cause the established operator and
the local social services district to be notified of  the  intention  by
registered  or  certified  mail addressed to the principal office of the
established operator  and  the  local  social  services  district.  Such
notification  shall  include  a  detailed  description  of  the findings
underlying the intention to appoint a temporary operator, and  the  date
and time of a required meeting with the commissioner within ten business
days  of  the  receipt  of such notice. At such meeting, the established
operator, and the commissioner shall have the opportunity to review  and
discuss all relevant findings. At such meeting, the commissioner and the
established  operator  shall  attempt to develop a mutually satisfactory
plan of correction  and  schedule  for  implementation.  If  a  mutually
satisfactory  plan  of  correction  and  schedule  for implementation is
developed, the commissioner shall notify the established  operator  that
the  commissioner  will  abstain  from  appointing  a temporary operator
contingent upon the  established  operator  remediating  the  identified
deficiencies within the agreed upon timeframe.
(ii)  The  commissioner  shall,  upon  making  a  determination  of an
intention to appoint a temporary operator pursuant to  subparagraph  (i)
of  paragraph  two of this subdivision, cause the temporary president of
the senate, and the speaker of the assembly to receive  appropriate  and
timely  notification  of  the intention to appoint a temporary operator.
Such notification shall include a description of the findings underlying
the intention to appoint a temporary operator, the identification of the
new operator when practicable, and the  date  of  expected  transfer  of
operations.  Such  notice shall be made as soon as practicable under the
circumstances.
(iii) The commissioner, at any time he or she deems necessary  and  to
the  extent  practicable, shall consult and may involve the local social
services district.
(iv) Should the commissioner and the established operator be unable to
establish a plan of correction pursuant  to  subparagraph  (i)  of  this
paragraph,  or  should  the  established operator fail to respond to the
commissioner's initial notification, there shall  be  an  administrative
hearing  on  the  commissioner's  determination  to  appoint a temporary
operator to begin no later than thirty days from the date of the  notice
to  the established operator. Any such hearing shall be strictly limited
to the issue of whether the determination of the commissioner to appoint

a temporary operator is supported by substantial evidence. A copy of the
decision shall be sent to the established operator and the local  social
services district.
(v)  If  the  decision  to appoint a temporary operator is upheld such
temporary operator shall be appointed as  soon  as  is  practicable  and
shall  provide  emergency  shelter  pursuant  to  the provisions of this
section.
(7) Notwithstanding the  appointment  of  a  temporary  operator,  the
established  operator shall remain obligated for the continued provision
of emergency shelter. No provision contained in this  section  shall  be
deemed  to  relieve  the established operator or any other person of any
civil or criminal liability incurred, or any duty  imposed  by  law,  by
reason  of  acts  or  omissions of the established operator or any other
person prior to  the  appointment  of  any  temporary  operator  of  the
building  hereunder;  nor  shall  anything  contained in this section be
construed to suspend during the term of the appointment of the temporary
operator of the building any obligation of the established  operator  or
any  other  person  for  the  maintenance  and  repair  of the building,
provision of utility services, payment of taxes or other  operating  and
maintenance expenses of the building, nor of the established operator or
any other person for the payment of mortgages or liens.
* NB Repealed March 31, 2025
* (k)  exercise such other powers and perform such other duties as may
be imposed by law.
* NB Repealed March 31, 2025
* (l) make information publicly available  on  its  website  beginning
December   thirty-first,   two  thousand  twenty-three,  and  biannually
thereafter, regarding youth placed  in  foster  care  settings  and  the
recruitment  of  foster  parents.  Such  report  shall  be made publicly
available online and shall provide information, as required pursuant  to
this  subdivision,  aggregated  by  local  social services districts and
foster care settings. For the purposes of this subdivision, foster  care
settings  shall  include,  but not be limited to, foster boarding homes,
approved relative homes, group homes, group residences, agency  operated
boarding  homes,  supervised  independent living arrangements, and child
care institutions. The report shall include, but not be limited to,  the
following information:
(i)  the  total number of youth placed in a foster care setting at the
time of the report, as well as a comparison to the total number of youth
in care since the previous report was submitted;
(ii) to the extent practicable, the reasons why such youth  have  been
placed  in  a  foster  care  setting, with the total number of youth per
category at the time of the report. Such reasons may include, but not be
limited to,  voluntary  placement  pursuant  to  section  three  hundred
fifty-eight-a of this chapter, a termination of parental rights pursuant
to  section  three  hundred  eighty-four-b  of  this chapter, placements
pursuant to articles ten and ten-C of the family court act, or  pursuant
to a contract, grant or other agreement with the federal government;
(iii) to the extent such information is available, the total number of
youth  placed  in a foster care setting that are in need of or receiving
specialized educational services;
(iv) to the extent such information is applicable, how many youth have
been previously placed in a foster care setting in the state;
(v) the total number of foster families that are  currently  certified
in  the  state  at  the  time  of the report and whether that number has
increased or decreased since the previous report was submitted;
(vi) to the extent such information is available,  how  many  children
and/or families have received preventive services through a local social

services district, and of those children and/or families, how many youth
subsequently  entered  foster care within the last calendar year for the
initial report, and then since the previous report was submitted for all
subsequent reports;
(vii)  the  total number of placement options that have been certified
as a qualified residential treatment program, as defined by  subdivision
four of section four hundred nine-h of this chapter; and
(viii)  a  description  of  the  efforts the state has taken to assist
local social services districts and voluntary agencies  to  recruit  and
retain foster parents in the state.
* NB Repealed December 31, 2025