New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.78 - Executive order no. 78: temporary suspension of provisions related to child and family welfare, child day care, juvenile justice, runaway and homeless youth, adult protective services, and residential and non-residential care for victims of domestic violence

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on October 26, 2012, I issued Executive Order
					 Number 47, declaring a disaster emergency in all 62 counties of the State of
					 New York; and
WHEREAS, on October 30, 2012, the President issued a major
					 disaster declaration for the counties of Bronx, Kings, Nassau, New York,
					 Queens, Richmond and Suffolk, and on November 2, 2012, extended such
					 declaration to include Rockland and Westchester Counties, and on November 12,
					 2012, extended such declaration to include Orange, Putnam, Sullivan and Ulster
					 Counties; and
WHEREAS, social services districts, youth bureaus,
					 detention administrators, social services agencies, and the children and
					 families served by such entities in the federally declared counties are
					 addressing multiple issues arising out of the emergency situation; and
WHEREAS, Section 29-a  of the Executive Law authorizes the
					 suspension, alteration or modification of statutes, local laws, ordinances,
					 orders, rules or regulations, or parts thereof, if compliance with such
					 provisions would prevent, hinder or delay action necessary to cope with a State
					 disaster emergency; and
WHEREAS, in the federally declared counties, the
					 enforcement of certain State statutes and regulations, which the Office of
					 Children and Family Services ("OCFS") has no ability to waive, could adversely
					 affect the ability of some affected parties to address issues concerning the
					 disaster emergency or to provide services to those affected by the disaster
					 emergency;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by Section 29-a of Article
					 2-B of the Executive Law to temporarily suspend and otherwise alter or modify
					 specific provisions of any statute, local law, ordinance, order, rule or
					 regulation, or parts thereof, of any agency during a State disaster emergency,
					 if compliance with such provisions would prevent, hinder or delay action
					 necessary to cope with the State disaster emergency, hereby suspend or modify,
					 for social services districts, county detention agencies, municipalities, youth
					 bureaus and social services agencies, as applicable, in the federally-declared
					 counties, for the period the disaster emergency was declared pursuant to
					 Executive Order Number 47, issued on October 26, 2012, until further notice,
					 the following laws and regulations under the following conditions:
1. Subdivision (6) of Section 153 and
				  subdivisions (5) through (7) of Section 153-k  of the Social Services Law,
				  subdivision (1) of Section 420 and subdivisions (2) and (6) of Section 530  of
				  the Executive Law, associated regulations and relevant appropriation language
				  in Chapter 53 of the Laws of 2012, to the extent social services districts,
				  county detention agencies, municipalities and youth bureaus are unable, as a
				  result of the disaster emergency, to submit claims and claiming information
				  within the required timeframes to OCFS or the Department of Family Assistance
				  for programs administered by such Office, with the exception of any federally
				  required timeframes, provided that said claims and claiming information are
				  submitted as soon as practicable; and
2. Parts 441, 442, 443, 446, 447, 448, 449
				  and 451 of Title 18 of the New York Codes, Rules and Regulations ("NYCRR"), to
				  the extent social services districts or agencies are unable, as a result of the
				  disaster emergency, to comply with those provisions of such regulations that
				  establish timeframes relating to:
(a) making
				  casework contacts;
(b) completing
				  specified services or activities;
(c) certifying, approving or renewing
				  certifications or approvals of foster family boarding homes, provided that such
				  activities are completed as soon as practicable; and