reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 463 - Family-planning Services › Section 463.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local
			 social services department shall offer and provide promptly upon request, in
			 accordance with this Part, social, educational and medical family-planning
			 services to persons of child-bearing age, including minors who can be
			 considered sexually active, who are applicants for or recipients of
			 public-assistance, recipients of medical assistance only, or recipients of
			 supplemental security income.
(b)
			 Family-planning services means social, educational, and medical services to
			 enable individuals, in accordance with their wishes, to limit family size,
			 space children or prevent or reduce the incidence of births out of wedlock. Not
			 included under this definition are abortions performed either for therapeutic
			 or nontherapeutic purposes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 463 - Family-planning Services › Section 463.2 - The offer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 public-assistance and medical-assistance-only family shall be apprised
			 personally and in writing of the social, educational, and medical
			 family-planning services available to eligible members of the family in
			 accordance with the following schedule:
(1)
			 Personally at time of face-to-face interviews for intake, redetermination, and
			 recertification.
(2) By means of a
			 department flyer for the program mailed with the first assistance check, or the
			 notification of MA-only acceptance, and once a year thereafter.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 463 - Family-planning Services › Section 463.3 - Educational services

Current through Register Vol. 46, No. 28, July 10, 2024
Upon oral or written request, educational services shall
			   be given promptly, within 30 days of request, individually or in groups, to
			   eligible persons by services staff members or other qualified individuals
			   employed or otherwise available for this purpose. They may be provided directly
			   or by referral to a licensed family-planning center or clinic.
(a) Educational services means educational
			 information about and discussion of the family-planning services program. Such
			 services do not include medically related counseling.
(b) Educational services may be purchased by
			 a social services district from a licensed family-planning center or
			 clinic.
(c) Educational services
			 shall be supplemented by the distribution and display of leaflets, pamphlets,
			 notices, form letters, poster-type announcements, placards or other effective
			 means of disseminating information generally about family-planning services to
			 eligible persons. These must comply with the requirements of the
			 program.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 463 - Family-planning Services › Section 463.4 - Social services

Current through Register Vol. 46, No. 28, July 10, 2024
Upon oral or written request, such services shall be
			   provided promptly, within 30 days of the request, to eligible persons to enable
			   them to utilize family-planning medical and education resources. They are to be
			   provided directly by services staff or by referral to a licensed
			   family-planning center or clinic.
(a)
			 Social services means helping and enabling eligible persons to utilize the
			 educational and medical resources available, including help as needed and
			 requested with related personal problems, with selecting the appropriate
			 resource and with facilitating arrangements such as transportation.
(b) Social services may be purchased by a
			 social services department from a licensed family-planning center or
			 clinic.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 463 - Family-planning Services › Section 463.5 - Medical services

Current through Register Vol. 46, No. 28, July 10, 2024
Upon oral or written request, medical services shall be
			   provided promptly, within 30 days of the request, to eligible persons.
(a) Medical services means advice and
			 services given to eligible persons desiring medical family-planning services
			 under the medical assistance program from resources of their choice, including
			 licensed family-planning centers, clinics or private physicians.
(b) Medical family-planning services shall
			 include diagnosis, treatment, drugs, supplies, and related counseling which are
			 furnished or prescribed by or under the supervision of a physician.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 463 - Family-planning Services › Section 463.6 - Conditions for providing services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Family-planning services and information
			 relating thereto shall be made available without regard to the recipient's
			 marital status, age or parenthood.
(b) Recipients shall not be subjected, either
			 directly or indirectly, to coercion or pressure of mind or conscience to avail
			 themselves of family-planning services, and the refusal or failure of any
			 recipient to avail himself of such services shall in no way affect his rights
			 to receive public assistance or care or other services if otherwise eligible to
			 receive such care or services.
(c)
			 Recipients shall be assured of freedom of choice of family-planning method and
			 there shall be arrangements with varied medical resources so that recipients
			 may choose in accordance with the dictates of their consciences.
(d) A staff member of a local social services
			 department whose cultural values, conscience or religious conviction prevents
			 him from participating in the provision of family-planning services shall so
			 report to the social services official or his designee who in turn shall assign
			 another appropriate staff member to this function in his place.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 463 - Family-planning Services › Section 463.7 - Documentation

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of establishing compliance in accordance
			   with this Part, the local department, by using case records, special logs,
			   annotation of inclusions with assistance checks, and other such written
			   statements, shall provide documentation for the following:
(a) the personal offer with date of offer.
			 This shall be so noted in writing by the welfare examiner:
(1) on the public-assistance application and
			 redetermination forms in the case of all income-maintenance applicants and
			 recipients;
(2) on the medical
			 assistance application and recertification forms in the case of
			 medically-needy-only recipients;
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 463 - Family-planning Services › Section 463.8 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provision
			 of social, educational, or medical services shall be reported to the Social
			 Services Information System (SSIS) under Item 30, Services: Code 16,
			 Family-Planning Services.
(b) The
			 social services official shall report to the department periodically, as
			 required, data from the documentation required to be maintained in agency
			 records.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 463 - Family-planning Services › Section 463.9 - Reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
Expenditures for the costs of offering, arranging and
			   furnishing social and educational family-planning services by social services
			   staff or by arrangement with an outside resource shall be subject to State
			   reimbursement as social service in accordance with provision of section 153  of the Social Services Law. Federal
			   financial participation shall be claimed for all such expenditures effective
			   January 1, 1973, at the rate of 90 percent on behalf of recipients of ADC, and
			   at the rate of 75 percent on behalf of recipients of SSI benefits, including
			   salaries, fringe benefits, and travel costs of service workers and their
			   supervisors giving full-time to services and of other staff entirely engaged in
			   developing, planning and evaluation services; salary costs of service-related
			   staff, such as supervisors, clerks, secretaries and stenographers, which
			   represent that portion of the time spent in supporting full-time service staff;
			   and all indirect costs which have been allocated in accordance with an approved
			   cost allocation plan and with the requirements of OMB Circular
			   A-87.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 464 - Volunteer Services Program › Section 464.1 - Volunteer services program

Current through Register Vol. 46, No. 28, July 10, 2024
All social services districts shall have functioning
			   volunteer programs. Group I and group II districts (as defined in section
			   679.2) may consider the feasibility of sharing volunteer services programs with
			   contiguous group I or group II districts.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 464 - Volunteer Services Program › Section 464.2 - Procedure for initiating volunteer program

Current through Register Vol. 46, No. 28, July 10, 2024
Proposals for use of volunteers shall be submitted to the
			   department for review and approval. Proposals shall include plans for
			   supervision of the volunteer program; description of specific areas in which
			   volunteers may serve; methods of recruitment, training, supervision; plans for
			   payment of volunteers (i.e., reimbursement of out-of-pocket expenses incurred
			   by the volunteer and for public recognition of services rendered by
			   volunteers); and the district's plan for gradual expansion of the volunteer
			   program.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 464 - Volunteer Services Program › Section 464.3 - Organizational responsibility for implementation of volunteer services program

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of supervising and coordinating the
			   volunteer services program, each group IV and group III district shall employ a
			   full-time or part-time coordinator of volunteer services; and each group I and
			   group II district shall either employ a full-time or a part-time coordinator of
			   volunteer services or assign a staff person, of supervisory status, to the
			   volunteer program. If a group I or group II district shares a volunteer
			   services program with such a contiguous district, they may jointly appoint a
			   full-time coordinator of volunteer services.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 464 - Volunteer Services Program › Section 464.4 - Recruitment, utilization, training and assignment of volunteers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Recruitment.
			 Volunteers, both male and female, shall be recruited from all income levels and
			 from all segments of the population, including senior citizens and students, to
			 fill volunteer program needs. Resources for recruitment shall include but need
			 not be limited to local volunteer bureaus, speakers' bureaus, churches, news
			 media, service clubs, publicity literature.
(b) Utilization of volunteers. Utilization of
			 volunteers shall include but need not be limited to assisting any advisory
			 committees, and performing services to supplement or complement the work of
			 employed staff, such as:
(1) friendly
			 visiting of recipients of services for the aged, blind and disabled;
(2) escorting and transporting recipients to
			 clinics and other destinations;
(3)
			 aiding in location of improved housing;
(4) teaching homemaking skills;
(5) providing tutoring and other educational
			 aid; and
(6) giving information,
			 screening requests and performing other services in waiting rooms of welfare
			 centers.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 464 - Volunteer Services Program › Section 464.5 - Reimbursement for out-of-pocket expenses

Current through Register Vol. 46, No. 28, July 10, 2024
In order to implement the requirement that no one shall
			   be denied an opportunity to volunteer because of resultant personal expenses,
			   social services districts shall provide, upon request of the volunteer,
			   reimbursement of his out-of-pocket expenses.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 464 - Volunteer Services Program › Section 464.6 - Coordination with casework and administrative services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Responsibilities of caseworker or
			 casework supervisor. When volunteers are used to supplement the services of
			 caseworkers, the social service plan for each recipient assigned a volunteer
			 shall reflect at least the following responsibilities of the caseworker or
			 casework supervisor:
(1) appraisal of the
			 need for volunteer service;
(2)
			 consulting the individual or family as to their willingness to accept volunteer
			 services;
(3) introducing the
			 volunteer to the individual or family;
(4) continuing evaluation of the need for and
			 effectiveness of the service and recommendations as to continuation;
(5) securing needed resources or
			 consultation;
(6) evaluating and
			 recording case progress; and
(7)
			 preparing records as required by the coordinator of volunteer
			 activities.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 464 - Volunteer Services Program › Section 464.7 - Workmen's compensation for volunteer workers

Current through Register Vol. 46, No. 28, July 10, 2024
Each volunteer worker performing authorized services for
			   a social services district shall be insured in accordance with the provisions
			   of the Workmen's Compensation Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 465 - Confidentiality Of Information Collected By The Child Care Review Service › Section 465.1 - Confidentiality and access of information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The use and disclosure of all information
			 received for applicants for and recipients of foster care, preventive services
			 and child protective services as a result of an indicated report of child abuse
			 and maltreatment through the child care review service shall be subject to
			 Parts 357, 423 and 432 of this Title. Any person, firm, corporation or
			 association contracted by the department for the child care review service
			 shall safeguard the confidentiality of information received or maintained by
			 the service in the same manner, and will remain subject to the same
			 confidentiality requirements of Parts 357, 423 and 432 of this Title.
(1) Disclosure of information to authorized
			 agencies and individuals.
(i) The child care
			 review service will issue individual identifiable information only to
			 representatives of the State Department of Social Services, the local social
			 services district responsible for the child, and any authorized agency as
			 defined in subdivision 10 of section 371  of the Social Services Law providing
			 services and care to the child and, in accordance with provisions below, the
			 child or his representative.
(ii)
			 Information identifiable by caseload or by social worker will only be made
			 available by the child care review service to the authorized agency employing
			 the worker, the local social services district purchasing care and service, and
			 the State Department of Social Services.
(iii) Information not identifying children,
			 families or caseworkers including aggregate information which may identify
			 local social services districts and voluntary agencies will be public
			 information.
(iv) Except for
			 recurring aggregate reports the child care review service will notify public
			 and voluntary agencies of the public release of information specifically
			 identifying their agency.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 465 - Confidentiality Of Information Collected By The Child Care Review Service › Section 465.2 - Notification to the child or representative

Current through Register Vol. 46, No. 28, July 10, 2024
Local social services districts and voluntary child
			   caring agencies shall provide information on the nature and use of the child
			   care review service to the child or his representative at the time of
			   application for foster care.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 465 - Confidentiality Of Information Collected By The Child Care Review Service › Section 465.3 - Failure to comply with confidentiality and access provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Any person willfully violating or failing to comply with
			   any provisions contained in this Part shall be guilty of a
			   misdemeanor.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 466 - Implementation And Administration Of The Connections System › Section 466.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part apply to the implementation
			   and administration of the CONNECTIONS system. This Part establishes standards
			   for the internal and external recording of information in the CONNECTIONS
			   system, the protection of confidential individual identifiable information, the
			   sealing and expungement of information and the security of the
			   system.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 466 - Implementation And Administration Of The Connections System › Section 466.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following definitions
			   apply:
(a) The CONNECTIONS system
			 means the statewide automated child welfare information system implemented and
			 administered by OCFS pursuant to section 446  of the Social Services Law. The
			 CONNECTIONS system contains, but is not limited to, those data elements
			 required by applicable State and Federal statutes and regulations, relating to
			 the provision of child welfare services including foster care, adoption
			 assistance, adoption services, preventive services, child protective services,
			 and other family preservation and family support services.
(b) OCFS means the New York State Office of
			 Children and Family Services, successor agency to the Department of Social
			 Services and the Division for Youth, pursuant to chapter 436 of the Laws of
			 1997.
(c) A public or private
			 agency means an authorized agency, as defined in paragraph (a) or (b) of
			 subdivision 10 of section 371  of the Social Services Law; a not-
			 for-profit corporation, as defined in paragraph 5 of subdivision (a) of section 102  of the Not-for-Profit Corporation Law;
			 or a public agency that receives prior approval from OCFS to provide foster
			 care and/or child welfare services.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 466 - Implementation And Administration Of The Connections System › Section 466.3 - Mandatory use

Current through Register Vol. 46, No. 28, July 10, 2024
Upon issuance of an administrative directive by OCFS
			   indicating that information regarding a child welfare service or services must
			   be entered into the CONNECTIONS system, each social services district or public
			   or private agency providing such service that has access to the CONNECTIONS
			   system must use the CONNECTIONS system for recording the information in the
			   form and manner prescribed by OCFS to satisfy the data requirements for the
			   particular service. Any such administrative directive may require use of the
			   CONNECTIONS system for all or part of the services or information to be
			   documented, and may apply initially to a limited number of social services
			   districts and/or public and private agencies.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 466 - Implementation And Administration Of The Connections System › Section 466.4 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Individual
			 identifiable information contained in the CONNECTIONS system is confidential
			 and may be disclosed only in a manner consistent with applicable statutory and
			 regulatory standards.
(1) Individual
			 identifiable information regarding children in foster care and their families
			 is confidential and access to such information is allowable only pursuant to
			 the standards set forth in sections 372, 373-a, 409-e and
			 409-f  of the Social Services Law and
			 applicable OCFS regulations including sections
			 357.3,
			 428.8,
			 430.12
			 and 431.12  of this Title.
(2)
			 Individual identifiable information regarding children and families receiving
			 preventive services is confidential and access to such information is allowable
			 only pursuant to the standards set forth in sections 409-e and
			 409-f  of the Social Services Law and
			 applicable OCFS regulations including section
			 423.7 
			 of this Title.
(3) Individual
			 identifiable information regarding adoption assistance and adoption services is
			 confidential and access to such information is allowable only pursuant to the
			 standards set forth in section 114  of the Domestic Relations Law, sections 4138-c, 4138-d and 4138-e  of the Public Health Law, sections 136, 373-a and
			 409-f  of the Social Services Law and applicable OCFS regulations including
			 section
			 357.3 
			 of this Title.
(4) Individual
			 identifiable information regarding child protective services is confidential
			 and access to such information is allowable only pursuant to the standards set
			 forth in sections 422 (4), 422 (5), 422 (6), 422 (7), 422-a, 424 (4) and
			 424 (5)  of the Social
			 Services Law and applicable OCFS regulations including section
			 432.7  of this
			 Title.
(5) In addition to the
			 standards set forth in paragraphs (1)-(4) of this subdivision, information
			 contained in the CONNECTIONS system is subject to all other applicable Federal
			 and State confidentiality standards, including but not limited to, those set
			 forth in article 27-F of the Public Health Law regarding confidential
			 HIV-related information and section 459-g  of the Social Services Law regarding
			 the street address of residential programs for victims of domestic
			 violence.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 466 - Implementation And Administration Of The Connections System › Section 466.5 - Sealing and expungement of information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All individual identifiable information
			 regarding a child and/or family receiving preventive services that are not
			 provided in conjunction with or in addition to child protective, foster care or
			 adoption services must be expunged from the CONNECTIONS system six years after
			 the 18th birthday of the youngest child in the family.
(b) All individual identifiable information
			 regarding a child and/or family receiving child protective services is subject
			 to the sealing and expungement standards set forth in sections 422 (5), 422 (6) and
			 422 (8)  of the Social
			 Services Law and section
			 432.9 
			 of this Title.
(c) The expungement
			 of individual identifiable information from the CONNECTIONS system includes the
			 elimination of the electronic data and information from the electronic system
			 or the elimination of the electronic data required to access such
			 information.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 466 - Implementation And Administration Of The Connections System › Section 466.6 - Security

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS, local
			 social service districts, and public or private agencies providing child
			 welfare services that have access to the CONNECTIONS system must establish and
			 maintain a CONNECTIONS security plan addressing the following areas:
(1) physical security of CONNECTIONS
			 resources;
(2) equipment security
			 to protect equipment from theft and unauthorized use;
(3) software and data security;
(4) telecommunications security;
(5) personnel access control;
(6) contingency plans for meeting critical
			 processing needs in the event of short- or long-term interruption of
			 services;
(7) emergency and/or
			 disaster preparedness;
(8)
			 designation of a security manager for OCFS and a security coordinator for the
			 local district or public or private agency; and
(9) a program for conducting periodic
			 security reviews at least once every two years to evaluate physical and data
			 security operating procedures and personnel practices and to determine whether
			 appropriate, cost effective safeguards exist to comply with the areas set forth
			 in this subdivision. A report of each security review and all relevant
			 supporting documentation must be maintained and made available to OCFS upon
			 request.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 6 - Operating Certificates-children's Facilities › Part 476 - General › Section 476.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
			 as otherwise specified in subdivision (b) of this section, the provisions of
			 this Article shall be applicable to all children's facilities subject to
			 visitation, inspection and supervision by the department, including but not
			 limited to the following:
(1) voluntary
			 child-caring institutions operated by not-for-profit or membership corporations
			 or by a charitable organization otherwise established pursuant to
			 statute;
(2) public child-caring
			 institutions;
(3) group
			 residences;
(4) group homes;
			 and
(5) agency boarding
			 homes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 6 - Operating Certificates-children's Facilities › Part 476 - General › Section 476.2 - Terms and conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 operating certificate shall state the name of the facility, its location, the
			 name and address of the authorized agency, corporation, association,
			 organization, proprietary operator or public agency, who or which operates such
			 facility, the type of facility, and the maximum resident capacity.
(b) Except for a facility operated by an
			 authorized agency, as such term is defined in section 371.10(a) of the Social
			 Services Law, every operating certificate must specify the duration of its
			 period of validity, as may be determined by the department. Such duration may
			 be for a limited or a perpetual period of time.
(c) No facility subject to the requirements
			 of this Article shall be operated otherwise than in accordance with the terms
			 and conditions of its operating certificate. The operating certificate of any
			 facility may be revoked, suspended, or limited upon a determination by the
			 Office of Children and Family Services, after a hearing and in accordance with
			 procedures set forth in Part 434 of this Title, that the operator has failed to
			 comply with the requirements of Federal, State, local laws or regulations
			 applicable to the operation of such facility or provider agency.
(d) A facility shall not discontinue
			 operations in accordance with the terms and conditions of its operating
			 certificate except upon notice to OCFS at least 90 days in advance of the
			 proposed discontinuance. Such notice shall include the submission of a plan, to
			 be approved by OCFS, for the transfer of all residents therein to other
			 facilities or, where appropriate, to arrange for the return of such residents
			 to their families or to another planned living arrangement with a permanency
			 resource in the community.
(e) In
			 accordance with written instructions from the department, an operating
			 certificate shall be surrendered by the facility to the department upon the
			 discontinuance of operations, upon a change in the nature of the facility, its
			 operations or ownership, and upon the revocation or suspension of such
			 certificate.
(f) An operating
			 certificate shall be posted conspicuously in the facility at its stated
			 location.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 6 - Operating Certificates-children's Facilities › Part 476 - General › Section 476.3 to 476.5 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 6 - Operating Certificates-children's Facilities › Part 477 - Issuance of Operating Certificates › Section 477.1 - Initial issuance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
			 facilities which have been approved by the department prior to September 1,
			 1974, whether by issuance of a certificate of approval or by issuance of any
			 other instrument which indicates compliance with the regulations of the
			 department, shall be issued an operating certificate without application
			 therefor.
(b) All other facilities
			 shall file a written application for an operating certificate, on a form
			 provided by the department and in accordance with any written instructions of
			 the department pertaining to the procedures for such filing.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 6 - Operating Certificates-children's Facilities › Part 477 - Issuance of Operating Certificates › Section 477.2 - Renewals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At
			 least 60 days prior to the termination of the period of validity of an
			 operating certificate, the facility shall refile an application for the renewed
			 issuance of such operating certificate.
(b) This section shall not be applicable to
			 any facility operated by an authorized agency, as such term is defined in
			 section 371.10(a) of the Social Services Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 6 - Operating Certificates-children's Facilities › Part 477 - Issuance of Operating Certificates › Section 477.3 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
An application for an operating certificate shall
			   contain:
(a) the name of the facility
			 and its location;
(b) the name and
			 address of the authorized agency, corporation, association, organization,
			 proprietary operator or public agency, who or which operates such
			 facility;
(c) the type of
			 facility;
(d) the kind or kinds of
			 care and services to be provided;
(e) a physical description of the facility,
			 including land, buildings and equipment, and a diagram of the floor plan
			 detailing the location of all fire and smoke detection and alarm devices or
			 systems and sprinkler systems;
(f)
			 resident capacity;
(g) a plan for
			 the implementation of the review and evaluation of the background information
			 and references supplied by applicants for employee or volunteer positions as
			 required in the relevant provisions of this Title, and the facility's
			 compliance with the provisions if applicable of section 495  of the Social Services Law, section 424-a  of the Social Services Law and the
			 relevant provisions of this Title regarding inquiries to Vulnerable Persons'
			 Central Register and the Statewide Central Register of Child Abuse and
			 Maltreatment concerning employees, volunteers, consultants and individuals in
			 the employment of individuals, corporations, partnerships or associations
			 supplying goods or services to the facility.
(h) a plan and description of staff
			 positions, including duties and qualifications;
(i) if applicant is a corporation, the names,
			 addresses and occupations of the members of the board of directors;
(j) the ownership or control of the land and
			 premises if other than the operator;
(k) the financial resources and sources of
			 future revenue of the facility; and
(l) such other information as may be
			 required.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 6 - Operating Certificates-children's Facilities › Part 477 - Issuance of Operating Certificates › Section 477.4 - Approval of application

Current through Register Vol. 46, No. 28, July 10, 2024
The application shall be approved and an operating
			   certificate shall be issued when it is established that the facility meets, and
			   will be operated in accordance with, the requirements of article 26-B of the
			   Executive Law, the regulations of the department and all other applicable
			   provisions of law, including requirements as to the premises, equipment,
			   personnel, care and services, rules, bylaws and administrative
			   practices.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 6 - Operating Certificates-children's Facilities › Part 477 - Issuance of Operating Certificates › Section 477.5 - Denial of application

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that an application for an operating
			   certificate is denied, the applicant shall be notified in writing of the denial
			   and of the reasons for such denial.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 6 - Operating Certificates-children's Facilities › Part 477 - Issuance of Operating Certificates › Section 477.6 - Coordination with other application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
When an application for approval by the department of a
			   certificate of incorporation is filed in accordance with other requirements of
			   law, which certificate of incorporation includes among its corporate purposes
			   the establishment and operation of a specific facility, such application may
			   constitute, and be considered in lieu of, the application for an operating
			   certificate under section
			   477.3  of
			   this Part, with such additional or modified information as may be
			   required.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 6 - Operating Certificates-children's Facilities › Part 477 - Issuance of Operating Certificates › Section 477.7 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 6 - Operating Certificates-children's Facilities › Part 477 - Issuance of Operating Certificates › Section 477.8 to 477.9

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 7 - Certificates of Incorporation; Miscellaneous Corporate Matters › Part 481 - General › Section 481.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Subchapter
			 applies to all certificates of incorporation of not-for-profit or business
			 corporations and amendments thereof that require department approval for filing
			 in accordance with the provisions of the Social Services Law, the Executive
			 Law, the Not-for-Profit Corporation Law or the Business Corporation Law, when
			 such certificates include among their corporate purposes:
(1) the care of destitute, delinquent,
			 abandoned, neglected or dependent children;
(2) the placing-out or boarding-out of
			 children, as defined in the Social Services Law;
(3) the establishment or operation of a home
			 or shelter for unmarried mothers, excepting the establishment or operation of a
			 hospital or facility providing health-related services, as those terms are
			 defined in article 28 of the Public Health Law;
(4) the establishment or operation of a
			 day-care center for children;
(5)
			 the establishment or operation of any psychiatric clinic;
(6) the study, prevention or combating of
			 juvenile delinquency;
(7) the study
			 or prevention of poverty;
(8) the
			 relieving or reducing of unemployment among youth;
(9) the promoting or providing employment of
			 youth;
(10) the establishment or
			 operation of a residential program for victims of domestic violence as defined
			 in section
			 452.2(e) 
			 of this Title;
(11) the
			 solicitation of contributions for any of the above purposes.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 7 - Certificates of Incorporation; Miscellaneous Corporate Matters › Part 482 - Approval Of Certificates Of Incorporation › Section 482.1 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application
			 for department approval of a certificate of incorporation, or any amendments
			 thereof, shall be on forms provided by the department, shall be executed and
			 submitted in accordance with department instructions, and shall state:
(1) the names and addresses of the persons
			 submitting the application;
(2) the
			 name and address of the proposed corporation;
(3) the territory in which its activities are
			 principally to be conducted;
(4)
			 with reference to a not-for-profit corporation, the names and addresses of the
			 proposed members of the board of directors, and such personal information as
			 may be required in order to determine their character, experience, competency
			 and standing in the community, with reasonable assurance of their ability to
			 conduct the affairs of the corporation in its best interests and in the public
			 interest;
(5) with reference to a
			 business corporation, the names and addresses of the board of directors,
			 officers and stockholders, together with such personal information as may be
			 required in order to determine that they are persons of good moral character
			 who are competent to operate the business;
(6) information and data with reference to
			 the public need for the proposed facilities or programs at the time and place
			 and under the circumstances proposed, in order to determine that there is a
			 public need for the facility or program;
(7) information and data with reference to
			 the financial resources and sources of future revenue of facilities or programs
			 to be operated by the proposed corporation, in order to determine that there
			 are adequate finances to properly establish and conduct them;
(8) such data and information as may be
			 required in order to establish the fitness and adequacy of any proposed
			 facility or program to be operated or conducted by the proposed
			 corporation;
(9) such data and
			 information as may be required in order to determine the fitness and adequacy
			 of the personnel to be engaged in the facilities or programs;
(10) the policies to be followed by the
			 proposed corporation in its facilities or programs;
(11) such other pertinent information as may
			 be required by the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 7 - Certificates of Incorporation; Miscellaneous Corporate Matters › Part 482 - Approval Of Certificates Of Incorporation › Section 482.2 - Special terms and conditions

Current through Register Vol. 46, No. 28, July 10, 2024
No member of the board of directors of a not-for-profit
			   corporation may be, either at the time of application or thereafter, the chief
			   administrative officer, executive director, administrator, or any employee of
			   the corporation.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 7 - Certificates of Incorporation; Miscellaneous Corporate Matters › Part 482 - Approval Of Certificates Of Incorporation › Section 482.3 - Approval of application

Current through Register Vol. 46, No. 28, July 10, 2024
The application shall be approved when it is established
			   that the applicant has complied with the regulations of the department and all
			   statutory and other regulatory requirements pertaining thereto, including but
			   not limited to requirements as to public need for the facility or program,
			   adequate financing and qualifications of the board of directors, officers and
			   stockholders. Upon approval, the department shall issue to the applicant a
			   certificate of approval under the seal of the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 7 - Certificates of Incorporation; Miscellaneous Corporate Matters › Part 482 - Approval Of Certificates Of Incorporation › Section 482.4 - Not-for-profit day care corporation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant seeking office approval of
			 the Office of Children and Family Services for the filing of a certificate of
			 incorporation, amendment, merger or consolidation that would include the
			 authority to establish or operate a child day care center or centers shall
			 submit an application for office approval of such certificate of incorporation,
			 amendment, merger or consolidation. If the authority to establish or operate a
			 day care center or centers is the only purpose in the certificate that requires
			 office approval, the applicant shall not be subject to the provisions of
			 section
			 482.1,
			 482.2
			 or
			 482.3  of
			 this Part.
(b) The following
			 documents and information must be submitted in support of the application for
			 approval:
(1) the name(s) and address(es) of
			 the person(s) submitting the application;
(2) the name and address of the proposed
			 corporation;
(3) the address of the
			 proposed facility or facilities, if known;
(4) a description of the community, including
			 the county or counties, to be served;
(5) the approximate number and ages of the
			 children each facility plans to serve;
(6) the planned hours of operation of each
			 facility; and
(7) a statement:
(i) setting forth the names and addresses of
			 the proposed members of the board of directors, and the occupation, employer
			 and civic and philanthropic activities of each such member; and
(ii) that service on the board of directors
			 by any person who is employed by the State of New York or any of its political
			 subdivisions does not violate the Public Officers Law or the General Municipal
			 Law of the State of New York or any locally adopted code of ethics.