2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 2 - (395 - 404) POWERS AND DUTIES OF PUBLIC WELFARE OFFICIALS
398 - Additional powers and duties of commissioners of public welfare and certain city public welfare officers in relation to children.

 
    § 398. Additional powers and duties of commissioners of public welfare
  and  certain  city  public  welfare  officers  in  relation to children.
  Commissioners  of  public  welfare  and  city  public  welfare  officers
  responsible  under  the  provisions  of  a  special or local law for the
  children hereinafter specified shall have powers and perform  duties  as
  follows:
    1. As to destitute children:
    (a)  offer preventive services in accordance with section four hundred
  nine-a of  this  article  when  necessary  to  avert  an  impairment  or
  disruption  of a family which could result in the placement of the child
  in foster care;
    (b) report to the local criminal justice agency and to  the  statewide
  central  register  for  missing  children  as described in section eight
  hundred thirty-seven-e of the executive law such relevant information as
  required on a form prescribed by the commissioner  of  the  division  of
  criminal justice services, in appropriate instances; and
    (c) assume charge of and provide care and support for any child who is
  a  destitute  child  pursuant  to  paragraph (a) of subdivision three of
  section three hundred seventy-one of this article who cannot be properly
  cared for in his or her home, and if required, petition the family court
  to obtain custody of the child in accordance with article ten-C  of  the
  family court act.
    2. As to neglected, abused or abandoned children:
    (a)  Investigate the alleged neglect, abuse or abandonment of a child,
  offer protective social services to prevent  injury  to  the  child,  to
  safeguard  his  welfare,  and  to  preserve  and  stabilize  family life
  wherever possible and, if necessary, bring the case  before  the  family
  court  for  adjudication  and care for the child until the court acts in
  the matter and, in the  case  of  an  abandoned  child,  shall  promptly
  petition the family court to obtain custody of such child.
    (b)  Receive and care for any child alleged to be neglected, abused or
  abandoned who is temporarily placed in his  care  by  the  family  court
  pending  adjudication  by  such  court  of the alleged neglect, abuse or
  abandonment including the authority to establish, operate, maintain  and
  approve  facilities  for such purpose in accordance with the regulations
  of the department; and receive and care for  any  neglected,  abused  or
  abandoned child placed or discharged to his care by the family court.
    (c) Any facility designated as of the effective date of this act shall
  not  be  disapproved  except  after  consultation  with  the designating
  appellate division.
    (d) The local social services department  shall  list  all  facilities
  approved  under  this  article  for  the  temporary  custody and care of
  children remanded by the family court and shall file a copy of that list
  periodically with the clerk of the family court in each  county  in  the
  judicial district in which the facility is located.
    (e)  Report to the local registrar of vital statistics of the district
  in which the child was found the sex, color, approximate date of  birth,
  place  of  finding,  and the name assigned to any child who may be found
  whose parents are unknown, within ten days whenever possible  after  the
  child  is found, on a form prescribed therefor by the state commissioner
  of health, and report the subsequent identification of any such child to
  the state commissioner of health; provided, however, that in the city of
  New York such form shall be prescribed by, and such report shall be made
  to, the department of health.
    (f) Report to the local criminal justice agency and to  the  statewide
  central  register  for  missing  children  as described in section eight
  hundred thirty-seven-e of the executive law such information as required
  on a form prescribed by the commissioner of  the  division  of  criminal

  justice  services  within  forty-eight hours after an abandoned child is
  found.
    3. As to delinquent children and persons in need of supervision:
    (a) Investigate complaints as to alleged delinquency of a child.
    (b)  Bring  such case of alleged delinquency when necessary before the
  family court.
    (c) Receive within fifteen days from  the  order  of  placement  as  a
  public charge any delinquent child committed or placed or person in need
  of  supervision  placed in his or her care by the family court provided,
  however, that the commissioner of the social services district with whom
  the child is placed may apply to the state commissioner or  his  or  her
  designee  for  approval  of  an  additional  fifteen  days, upon written
  documentation to the office of children and  family  services  that  the
  youth  is in need of specialized treatment or placement and the diligent
  efforts by the commissioner of social services to locate an  appropriate
  placement.
    * 3-a. As to delinquent children:
    (a)(1)  Conditionally  release any juvenile delinquent placed with the
  district to  aftercare  whenever  the  district  determines  conditional
  release  to  be  consistent  with  the  needs and best interests of such
  juvenile delinquent, that suitable care and supervision can be provided,
  and that there is a reasonable probability that such juvenile delinquent
  can  be  conditionally  released  without  endangering  public   safety;
  provided,  however,  that  such  conditional  release  shall  be made in
  accordance with the regulations of the office  of  children  and  family
  services,  and provided further that no juvenile delinquent while absent
  from a facility or program without the consent of the director  of  such
  facility  or  program  shall  be  conditionally released by the district
  solely by reason of the absence.
    (2) It shall be a condition of such release that a juvenile delinquent
  so released shall continue  to  be  the  responsibility  of  the  social
  services district for the period provided in the order of placement.
    (3)  The  social  services district may provide clothing, services and
  other necessities for any conditionally released juvenile delinquent, as
  may be required, including medical care and  services  not  provided  to
  such  juvenile  delinquent  as  medical  assistance  for  needy  persons
  pursuant to title eleven of article five of this chapter.
    (4) The social services district, pursuant to the regulations  of  the
  office  of children and family services, may cause a juvenile delinquent
  to be returned to a facility operated and maintained by the district, or
  an authorized agency under contract  with  the  district,  at  any  time
  within  the  period  of  placement,  where  there  is a violation of the
  conditions of release or a change of circumstances.
    (5) Juvenile delinquents conditionally released by a  social  services
  district may be provided for as follows:
    (i)  If,  in  the opinion of the social services district, there is no
  suitable parent, relative or guardian to whom a juvenile delinquent  can
  be  conditionally  released,  and  suitable  care  cannot  otherwise  be
  secured, the district may conditionally release such juvenile delinquent
  to the care of any other  suitable  person;  provided  that  where  such
  suitable  person  has  no  legal  relationship  with  the  juvenile, the
  district shall advise  such  person  of  the  procedures  for  obtaining
  custody or guardianship of the juvenile.
    (ii)  If  a  conditionally  released juvenile delinquent is subject to
  article sixty-five of the education law or elects to participate  in  an
  educational program leading to a high school diploma, he or she shall be
  enrolled  in  a  school  or educational program leading to a high school
  diploma following release, or, if such release occurs during the  summer

  recess,   upon   the   commencement  of  the  next  school  term.  If  a
  conditionally released juvenile delinquent is  not  subject  to  article
  sixty-five of the education law, and does not elect to participate in an
  educational  program  leading  to  a high school diploma, steps shall be
  taken, to  the  extent  possible,  to  facilitate  his  or  her  gainful
  employment or enrollment in a vocational program following release.
    (b)  When  a  juvenile  delinquent  placed  with  the  social services
  district is absent from placement without consent,  such  absence  shall
  interrupt  the  calculation  of  time  for  his  or  her placement. Such
  interruption shall continue until such juvenile  delinquent  returns  to
  the  facility  or  authorized  agency  in  which  he  or she was placed.
  Provided, however, that any time  spent  by  a  juvenile  delinquent  in
  custody  from the date of absence to the date placement resumes shall be
  credited against the time of such placement provided that such custody:
    (1) was due to an arrest or surrender based upon the absence; or
    (2) arose from an arrest or surrender on another charge which did  not
  culminate in a conviction, adjudication or adjustment.
    (c) In addition to the other requirements of this section, no juvenile
  delinquent  placed with a social services district operating an approved
  juvenile justice services close to home initiative pursuant  to  section
  four  hundred  four  of this chapter pursuant to a restrictive placement
  under the family court act shall be released except pursuant to  section
  353.5 of the family court act.
    * NB Repealed March 31, 2018
    4. As to mentally disabled and physically handicapped children:
    (a)  Obtain  admission to state and other suitable schools, hospitals,
  other institutions, or care in their own homes  or  in  family  free  or
  boarding  homes  or  in  agency  boarding  homes or group homes for such
  children in accordance with the provisions of the  mental  hygiene  law,
  education law and acts relating to the family court.
    (b)  Maintain supervision over such disabled or physically handicapped
  children as are not in institutions, hospitals or schools or  under  the
  jurisdiction of the family court.
    5. As to children born out of wedlock:
    (a)  Provide  care  in  a  family  free or boarding home, in an agency
  boarding home or group home or in an institution for any child born  out
  of  wedlock and for his mother as for any other person in need of public
  assistance and care during pregnancy and during and after delivery, when
  in the judgment of such social services official needed care  cannot  be
  provided  in  the mother's own home. However, nothing in this section or
  elsewhere in this chapter contained shall be construed to make any  such
  child  or his mother ineligible for such care away from home, regardless
  of ability or liability to pay therefor; provided, however, that  except
  as  hereinafter  provided, it shall rest in the discretion of the social
  services official, in view of all the facts and circumstances present in
  each case, to determine whether or not to require such  mother,  or  any
  other  person  or  persons  liable  by  law to contribute to the support
  thereof, to pay all or any part of such cost, pursuant to the provisions
  of this section or any other section of this chapter.  Any  inconsistent
  provision of law notwithstanding, the acceptance by a private authorized
  adoption  agency of an absolute surrender of a child born out of wedlock
  from the mother of such  child  shall  relieve  her  from  any  and  all
  liability  for  the  support  of  such  child. When in the judgment of a
  social services official needed care cannot be provided in the home of a
  minor pregnant with  an  out  of  wedlock  child,  and  he  has  made  a
  determination  pursuant  to  subdivision  one  of  section  one  hundred
  thirty-two  of  this  chapter  not  to  make  an  investigation  of  the
  circumstances  of  such  minor  and  not to require support from persons

  liable therefor, the authorization of such social services  official  of
  necessary  medical  care  for  such  minor shall have the same force and
  effect as a consent executed by a parent or guardian of such minor.
    (b)  Institute  proceedings  to  establish  paternity  and  secure the
  support and education of any  child  born  out  of  wedlock  or  make  a
  compromise  with  the  father  of  such  child,  in  accordance with the
  provisions of law, relating to children born out of wedlock.
    (c) Hold and disburse the money received from such a compromise or pay
  it to the mother if she gives security for the support of the child.
    (d) When practicable, require the mother to contribute to the  support
  of the child.
    6. As to all foregoing classes of children:
    (a) Investigate the family circumstances of each child reported to him
  as  destitute,  neglected,  abused,  delinquent,  disabled or physically
  handicapped in order to determine what assistance and care,  supervision
  or treatment, if any, such child requires.
    (b)  Provide  for  expert mental and physical examination of any child
  whom he has reason to  suspect  of  mental  or  physical  disability  or
  disease and pay for such examination from public funds, if necessary.
    (c) Provide necessary medical or surgical care in a suitable hospital,
  sanatorium, preventorium or other institution or in his own home for any
  child  needing  such  care  and  pay for such care from public funds, if
  necessary. However, in the case of a child or minor who is  eligible  to
  receive  care  as medical assistance for needy persons pursuant to title
  eleven of article five of this chapter,  such  care  shall  be  provided
  pursuant to the provisions of that title.
    (d)  Ascertain  the  financial  ability of the parents of children who
  become public charges and collect toward the  expense  of  such  child's
  care such sum as the parents are able to pay.
    (e)  Collect  from  parents whose children have been discharged to his
  care by the family court such sums as they are ordered to  pay  for  the
  maintenance  of such children and report any failure to comply with such
  order to such court.
    (f) When in his judgment it is advisable for the welfare of the child,
  accept the  surrender  of  a  child  by  an  instrument  in  writing  in
  accordance  with  the  provisions  of  this  chapter.  Any  inconsistent
  provision of law notwithstanding, the acceptance by the social  services
  official  of  a surrender of a child born out of wedlock from the mother
  or father  of  such  child  shall  relieve  the  parent  executing  such
  surrender from any and all liability for the support of such child.
    (g)  (1)  Place  children  in  its care and custody or its custody and
  guardianship, in suitable instances, in family  homes,  agency  boarding
  homes,  group  homes  or  institutions under the proper safeguards. Such
  placements can be made either directly, or through an authorized agency,
  except that, direct placements in agency boarding homes or  group  homes
  may  be  made  by  the  social  services  district only if the office of
  children and family services has authorized the district to operate such
  homes in  accordance  with  the  provisions  of  section  three  hundred
  seventy-four-b  of  this  chapter  and  only  if  suitable  care  is not
  otherwise available through an authorized agency under  the  control  of
  persons  of  the  same religious faith as the child. Where such district
  places a child in an agency boarding home, group  home  or  institution,
  either  directly,  or  through  an authorized agency, the district shall
  certify in writing to the office of children and family  services,  that
  such placement was made because it offers the most appropriate and least
  restrictive level of care for the child, and, is more appropriate than a
  family  foster  home  placement,  or,  that  such placement is necessary
  because there are no qualified  foster  families  available  within  the

  district  who  can  care for the child. If placements in agency boarding
  homes, group homes or institutions are the result of a  lack  of  foster
  parents  within a particular district, the office of children and family
  services shall assist such district to recruit and train foster parents.
  Placements  shall  be  made  only in institutions visited, inspected and
  supervised in accordance with title  three  of  article  seven  of  this
  chapter  and  conducted in conformity with the applicable regulations of
  the supervising state agency in accordance with title three  of  article
  seven  of  this chapter. With the approval of the office of children and
  family services, a social services district may place  a  child  in  its
  care  and  custody or its custody and guardianship in a federally funded
  job corps program and may receive reimbursement for the  approved  costs
  of appropriate program administration and supervision pursuant to a plan
  developed by the department and approved by the director of the budget.
    (2)  A  social  services  district  may  place a child in its care and
  custody or its custody and guardianship in a home or  facility  operated
  or  licensed  by any office of the department of mental hygiene, subject
  to the relevant provisions of the mental hygiene law and  the  admission
  criteria  of the facility. The director of the budget may authorize such
  transfers of appropriations under the provisions of section fifty of the
  state finance law as may be necessary to  secure  federal  reimbursement
  for such placements.
    (3) (i) Effective sixty days after the enactment of this subparagraph,
  there  is  hereby  established  within a social services district with a
  population in excess of two million  a  two-year  demonstration  project
  which  affords authorized agencies with which foster children are placed
  enhanced administrative  flexibility.  Pursuant  to  such  demonstration
  project,  an  authorized  agency with which the social services district
  has placed a child shall have the authority to:
    (A) give all necessary consents to the discharge  of  the  child  from
  foster  care when such authorized agency has submitted a written request
  for approval of such discharge to the social services official  and  the
  social  services  official  has  not  disapproved  such discharge within
  thirty days of receiving such request;
    (B) change a goal for  the  child  when  such  authorized  agency  has
  submitted  a  written request for approval of such change of goal to the
  social services official  and  the  social  services  official  has  not
  disapproved such goal within thirty days of receiving such request;
    (C)  commence  a  proceeding  to free the child for adoption when such
  authorized agency has submitted a written request for  approval  of  the
  commencement  of such proceeding to the social services official, if the
  social services official has not disapproved  such  commencement  within
  thirty  days  of  receiving  such  request, in which case such a request
  shall be deemed approved; and
    (D) consent to the adoption of a child whose custody and guardianship,
  or of a child where such child's parents are both deceased, or where one
  parent is deceased and the  other  parent  is  not  entitled  to  notice
  pursuant  to sections one hundred eleven and one hundred eleven-a of the
  domestic relations law, and whose care and custody, has been transferred
  to a social services district and who has  been  placed  by  the  social
  services  official with the authorized agency when the authorized agency
  has submitted a written request for approval to consent to the adoption,
  if the social services district  has  not  disapproved  the  request  to
  consent  to  adoption  within  sixty days after its submission, in which
  case such request shall be deemed approved and the authorized agency may
  give all necessary consent to the adoption of the child.

    (ii) Nothing herein shall result in the transfer of care  and  custody
  or custody and guardianship of a child from the social services official
  to the authorized agency.
    (iii)  Within  three  months  of  the  conclusion of the demonstration
  project, such social services district  shall  issue  a  report  to  the
  department  regarding  the  effectiveness  of the demonstration project.
  Such report shall include recommendations  for  possible  statutory  and
  regulatory amendments in relation to the administration of foster care.
    (4)  A  social  services  district  may  place a child in its care and
  custody or its custody and guardianship in a family  home  certified  by
  the  division  for  youth,  which  shall  not include a group home. Such
  placements shall be subject to the relevant provisions of this  chapter,
  the executive law and the admission criteria of the home.
    (h)  Supervise  children  who  have  been  cared  for  away from their
  families until such children become twenty-one years  of  age  or  until
  they  are  discharged  to  their own parents, relatives within the third
  degree or guardians, or adopted, provided, however, that in the case  of
  a  child  who  is  developmentally  disabled  as such term is defined in
  section 1.03  of  the  mental  hygiene  law,  emotionally  disturbed  or
  physically  handicapped,  and  who  is  receiving  care in a group home,
  agency  boarding  home  or  any  child  care  facility  operated  by  an
  authorized  agency with a capacity of thirteen or more children, and who
  is in receipt of educational services and under the care and custody  of
  a local department of social services, the commissioner of the office of
  children  and family services shall allow such child who reaches the age
  of twenty-one during the period commencing on the first day of September
  and ending on the thirtieth day of June to be entitled  to  continue  in
  such program until the thirtieth day of June or until the termination of
  the school year, whichever shall first occur.
    (j) Permit children and minors who are being cared for away from their
  own  homes  as  public  charges  to  retain  the maximum amount of their
  monthly earned income for future identifiable needs in  accordance  with
  the  regulations  of  the department and consistent with the federal law
  applicable to the treatment of income and resources  under  the  aid  to
  families with dependent children program.
    (k) In accordance with regulations of the department, provide suitable
  vocational  training through any institution licensed or approved by the
  state education department, for any minor in his care  who  demonstrates
  to  his  satisfaction  the  possession  of  talent, aptitude and ability
  necessary to benefit therefrom, provided such minor could not  otherwise
  obtain  such  training.  Expenditures  may  be  made for tuition, books,
  supplies, and all other necessary items to enable such minor  to  obtain
  such training.
    (l)   In  accordance  with  regulations  of  the  department,  provide
  maintenance in a summer camp for children and minors who are being cared
  for away from their own homes as public charges, when in his judgment it
  is advisable for the welfare of such children and minors.
    (n) When it is in the best interest of the child, place a child who is
  being returned to foster care, following an interruption in care,  or  a
  child  who  is  being  returned  to  a  family  boarding  home following
  placement in a foster care facility with the foster  care  parents  with
  whom  that  child  was  last  placed,  notwithstanding the provisions of
  subdivisions three and four of section three  hundred  seventy-eight  of
  this  chapter.  When it is in the best interests of the minor parent and
  the minor parent's child or children, place  the  minor  parent  who  is
  being returned to foster care following an interruption in care, and the
  minor  parent's  child  or  children  or  the  minor parent who is being
  returned to a family boarding home following placement in a foster  care

  facility  and  the minor parent's child or children with the foster care
  parents with whom the minor parent was last placed, notwithstanding  the
  provisions  of  subdivisions  three  and  four  of section three hundred
  seventy-eight of this chapter.
    (o)  Compliance  with  a  court order enforcing visitation rights of a
  non-custodial parent or grandparent pursuant to part  eight  of  article
  ten  of  the  family court act, subdivision ten of section three hundred
  fifty-eight-a or paragraph (d)  of  subdivision  two  of  section  three
  hundred eighty-four-a of this chapter, and responsibility for the return
  of such child after visitation so ordered.
    * (p)  Provide  respite  care  for  children who have special needs as
  described in subdivision fifteen of  this  section  including,  but  not
  limited  to,  those  children  who  are  diagnosed as having AIDS or HIV
  related disease. For the purposes of this paragraph, respite care  shall
  mean  the  provision  of  temporary  care and supervision of children on
  behalf of a foster parent of a child with such special needs. Such  care
  may  be  provided  by  a foster family boarding home, an agency operated
  boarding home, a group home, an institution or by  an  authorized  staff
  member of such programs or other provider approved by the local district
  based  on the individual circumstances of the caregiver and the needs of
  the child, for up to three consecutive weeks  but  no  more  than  seven
  weeks in a calendar year. The department shall, by regulation, establish
  standards for respite care and training for the providers of such care.
    * NB There are 2 par (p)'s
    * (p)   Consistent  with  the  provisions  of  this  chapter,  provide
  necessary care, services and supervision including medical  care,  to  a
  child  placed  in foster care pursuant to subparagraph (ii) of paragraph
  (a) of subdivision two of section ten hundred seventeen  of  the  family
  court  act,  and  reimbursement  therefor  to relatives of such child as
  approved foster parents with whom such child is residing.
    * NB There are 2 par. (p)'s
    7. Notwithstanding any inconsistent provisions of law, no city forming
  part of a county public welfare district may hereafter assume any of the
  powers, duties and responsibilties mentioned in this  section.  However,
  this  subdivision  shall not be deemed or construed to prohibit a public
  welfare officer of a city  forming  part  of  a  county  public  welfare
  district  from  exercising  and  performing  on  behalf  of  the  county
  commissioner of public welfare, pursuant  to  the  provisions  of  title
  three-a of article three, any of the powers and duties mentioned in this
  section.  A  city forming part of a county public welfare district which
  heretofore  assumed  or  upon   which   was   heretofore   imposed   the
  responsibility  for  providing  any  or  all of the assistance, care and
  service mentioned in this section, shall hereafter continue to have such
  responsibility,  provided,  however,  that  the  continuance   of   such
  responsibility   shall   be  consistent  with  the  powers,  duties  and
  responsibilities of such city under and pursuant to  the  provisions  of
  title three-a of article three.
    8.  A  public  welfare official who is authorized to place children or
  minors in homes or institutions pursuant to provisions of  this  section
  shall have the power to place children or minors in a public institution
  for children.
    9. A social services official shall have the same authority as a peace
  officer  to  remove a child from his home without an order of the family
  court and without the consent of the parent or  person  responsible  for
  such  child's care if the child is in such condition that his continuing
  in the home presents an imminent danger to the child's life  or  health.
  When a child is removed from his home pursuant to the provisions of this
  subdivision,  the  social  services  official  shall promptly inform the

  parent or person responsible for such child's care and the family  court
  of his action.
    10.  Any  provision  of this chapter or any other law notwithstanding,
  where a foster child for whom a social services official has been making
  foster care payments is in attendance at a college  or  university  away
  from  his  foster family boarding home, group home, agency boarding home
  or institution, a social services official may make foster payments, not
  to exceed the amount which would have been paid to a  foster  parent  on
  behalf  of  said  child  had the child been cared for in a foster family
  boarding home, to such college or university in lieu of payment  to  the
  foster  parents or authorized agency, for the purpose of room and board,
  if not otherwise provided.
    11. In the case of a child who is adjudicated  a  person  in  need  of
  supervision  or  a juvenile delinquent and is placed by the family court
  with the division for youth and who is placed by the division for  youth
  with  an  authorized agency pursuant to court order, the social services
  official shall make expenditures in accordance with the  regulations  of
  the  department  for  the  care and maintenance of such child during the
  term of such placement subject to state reimbursement pursuant  to  this
  title, or article nineteen-G of the executive law in applicable cases.
    12.  A  social  services  official shall be permitted to place persons
  adjudicated in need of supervision or delinquent, and alleged persons to
  be in need of supervision in detention pending transfer to a  placement,
  in  the  same foster care facilities as are providing care to destitute,
  neglected, abused or abandoned children.  Such  foster  care  facilities
  shall  not  provide  care  to  a  youth in the care of a social services
  official as a convicted juvenile offender.
    13. (a) In the case of a child with a handicapping  condition  who  is
  placed, pursuant to this chapter, in a foster care agency or institution
  located  outside  the  state,  and  who attains the age of eighteen, the
  social services official shall:
    (i) determine whether such child will need services after the  age  of
  twenty-one, and, if such need exists;
    (ii) assess the nature of the services required;
    (iii) notify the parent or guardian of such child's need for services;
  and
    (iv)  upon  the  written  consent  of  the  parent  or  guardian,  and
  notwithstanding section  three  hundred  seventy-two  of  this  article,
  submit a report on the child's need for services after age twenty-one to
  the department for planning purposes.
    (b) Upon the written consent of the parent or guardian, the department
  shall  submit  the  report  received  pursuant  to paragraph (a) of this
  subdivision to the council on children and families.
    (c) When a child's report is submitted to the council on children  and
  families  pursuant to this subdivision, the council shall cooperate with
  adult service providers, such as the department of social services,  the
  office  of mental retardation and developmental disabilities, the office
  of mental health and the office  of  vocational  rehabilitation  of  the
  education department in planning and coordinating such child's return to
  New  York  state  for adult services. The council shall arrange with the
  appropriate state agency for the development of a recommendation of  all
  appropriate   in-state   programs   operated,   licensed,  certified  or
  authorized by such agency and which may be  available  when  such  child
  attains the age of twenty-one. Such recommendation of all programs shall
  be  made  available to the parent or guardian of such child at least six
  months before such child attains the age  of  twenty-one.  All  records,
  reports  and information received, compiled or maintained by the council

  pursuant to this subdivision shall be  subject  to  the  confidentiality
  requirements of the department.
    14. (a) In the case of a child who is developmentally disabled as such
  term  is  defined in section 1.03 of the mental hygiene law, emotionally
  disturbed or physically handicapped and who is receiving care in a group
  home, agency boarding home, or any child care facility  operated  by  an
  authorized  agency  with  a  capacity  of thirteen or more children, who
  attains the age of eighteen and who will continue in such care after the
  age of eighteen, or who  is  placed  in  such  care  after  the  age  of
  eighteen,  the  social  services  official  shall  notify  the parent or
  guardian of such child that such care will  terminate  when  such  child
  attains  the age of twenty-one provided, however, that any such child in
  receipt of educational services and under the  care  and  custody  of  a
  local  department  of  social services who reaches the age of twenty-one
  during the period commencing on the first day of September and ending on
  the thirtieth day of June shall be entitled to continue in such  program
  until  the  thirtieth day of June or until the termination of the school
  year, whichever shall first occur. Such notice shall be in  writing  and
  shall  describe  in  detail  the  parent's  or guardian's opportunity to
  consent to having such child's name and other information forwarded in a
  report to the commissioner of  mental  health,  commissioner  of  mental
  retardation and developmental disabilities, commissioner of education or
  commissioner  of  the  office  of  children and family services or their
  designees for the purpose of determining whether such child will  likely
  need  services  after  the  age  of  twenty-one and, if so, recommending
  possible adult services.
    (b)  Upon  the  written  consent  of  the  parent  or  guardian,   and
  notwithstanding  section  three hundred seventy-two of this article, the
  social services official shall submit a report on such child's  possible
  need  for  services  after  age twenty-one to the commissioner of mental
  health,   commissioner   of   mental   retardation   and   developmental
  disabilities,   commissioner  of  social  services  or  commissioner  of
  education or their designees for the  development  of  a  recommendation
  pursuant  to  section  7.37  or 13.37 of the mental hygiene law, section
  three hundred ninety-eight-c of  this  article  or  subdivision  ten  of
  section  four  thousand  four  hundred  three  of the education law. The
  social  services  official  shall  determine  which  commissioner  shall
  receive the report by considering the child's handicapping condition. If
  the  social  services official determines that the child will need adult
  services from the department and such social services  official  is  the
  commissioner's  designee  pursuant to this subdivision and section three
  hundred ninety-eight-c of this article, such  social  services  official
  shall   perform   the   services  described  in  section  three  hundred
  ninety-eight-c of this article.
    (c) A copy of such report shall also be submitted to the department at
  the same time that such report  is  submitted  to  the  commissioner  of
  mental  health,  commissioner  of  mental  retardation and developmental
  disabilities or commissioner of education or their designees.
    (d) When the social services official is notified by the  commissioner
  who  received  the  report that such state agency is not responsible for
  determining and recommending adult services for the  child,  the  social
  services  official shall forward the report to another commissioner; or,
  if the social services official determines that there exists  a  dispute
  between  state  agencies as to which state agency has the responsibility
  for determining and recommending adult  services,  the  social  services
  official  may forward the report to the council on children and families
  for a resolution of such dispute.

    (e) The social services official shall prepare and  submit  an  annual
  report  to the department on October first, nineteen hundred eighty-four
  and thereafter on or before October first  of  each  year.  Such  annual
  report  shall contain the number of cases submitted to each commissioner
  pursuant  to paragraph (b) of this subdivision, the type and severity of
  the handicapping condition of each such  case,  the  number  of  notices
  received  which  deny  responsibility  for  determining and recommending
  adult services, and other information necessary for the  department  and
  the  council  on  children  and  families  to monitor the need for adult
  services, but shall not contain personally identifying information.  The
  department shall forward copies of such annual reports to the council on
  children  and  families.  All  information  received  by  the council on
  children and families pursuant to this paragraph shall be subject to the
  confidentiality requirements of the department.
    15. (a) In the case of a child who has special needs  due  to  a  high
  level of disturbed behavior, emotional disturbance or physical or health
  needs  as  determined  by  the district in accordance with the rules and
  regulations of the department and who has been placed with a therapeutic
  foster  parent,  the  social  services  official  shall  make  available
  periodic  respite  care services for such parent, necessary consultation
  services between the therapeutic foster care  parent  and  professionals
  familiar  with  the  special  needs  of the child and such other support
  services as are reasonably necessary to prevent placement of  the  child
  in a group home, an agency operated boarding home or an institution.
    (b)  Prior  to  placement  of  a child who has been determined to have
  special needs with a therapeutic  foster  parent,  the  social  services
  official  shall  require  such  foster  parent  to  complete an approved
  training  program.   The   department   shall   not   provide   enhanced
  reimbursement  for  such  placement  unless the social services official
  certifies that the foster parent has successfully completed an  approved
  training program.
    (c)  A social services official shall require that the family services
  plan developed pursuant to section four hundred nine-e of  this  article
  for  a child placed with a therapeutic foster parent include a treatment
  plan prepared in consultation with the  therapeutic  foster  parent  and
  approved by the social services official.
    16.  Notwithstanding any provision of law to the contrary, with regard
  to the placement of  all  categories  of  foster  children,  the  social
  services official or the voluntary authorized agency under contract with
  such  official  must  consider giving preference to placement of a child
  with an adult relative over a non-related caregiver, provided  that  the
  relative caregiver meets relevant child welfare standards.