2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 1 - (371 - 392) CARE AND PROTECTION OF CHILDREN
374-B - Authority to operate agency boarding home.

 
    §  374-b.  Authority to operate agency boarding home. 1. An authorized
  agency which is not a court, public board, commission, or  official,  is
  hereby  empowered  and  permitted  to  operate  agency boarding homes in
  compliance with regulations of the department;  and  a  social  services
  official  who  is  authorized  to  place  children  in  family homes and
  institutions, pursuant to section three  hundred  ninety-eight,  may  be
  authorized  by  the  department  to  operate  agency  boarding homes, in
  compliance with such regulations, if  such  official  applies  for  such
  authority  and demonstrates to the department his need therefor and that
  suitable care is not otherwise  available  for  children  and/or  minors
  under  the  care of such official through an authorized agency under the
  control of persons of the same religious  faith  as  such  children.  No
  agency  boarding  home  shall  care for more than six children or minors
  except that such a home may provide care for more than six brothers  and
  sisters  of the same family. Such homes shall be subject to supervision,
  visitation and inspection by the department and shall also be subject to
  visitation and inspection by the board.
    2. (a) If an authorized agency plans to establish one or more boarding
  homes within a municipality, it shall notify the chief executive officer
  of the municipality in writing of its intentions  and  include  in  such
  notice  a  description  of  the  nature,  size and the community support
  requirements of the program.
    (b)  For  purposes  of  this  subdivision,  "municipality"  means   an
  incorporated village, if a facility is to be located therein; a town, if
  the  facility is to be located therein, and not simultaneously within an
  incorporated village; or a city, except that in the city  of  New  York,
  the  community  board  with  jurisdiction  over the area in which such a
  facility is to be located shall be considered the municipality.
    3. An authorized agency that has received approval from the office  of
  children and family services may operate a supervised independent living
  program,  as defined in section three hundred seventy-one of this title.
  The office of children and family services shall promulgate  regulations
  establishing  the  standards  for  approval  and operation of supervised
  independent living programs.