§ 4006 — Notification procedures for determination of residence

§ 4006. Notification procedures for determination of residence. 1.\nWithin thirty days of the placement of a child, determined to be\nhandicapped pursuant to subdivision one of section forty hundred five of\nthis article, in a child care institution, the local social services\ncommissioner, the division for youth or the operator of a residential\ntreatment facility for children and youth which is not operated by an\nauthorized agency shall notify the board of education of the school\ndistrict of origin and the state commissioner of social services. Such\nnotification shall include the name of the child and the residence of\nthe child at the time of entrance to care. The commissioner shall\npromulgate regulations, in consultation with the commissioner of social\nservices, the commissioner of mental health and the director of the\ndivision for youth, to implement this subdivision.\n 2. A board of education of a school district which receives\nnotification that a child has been placed in a child care institution\nfor the purposes of this section may deny financial responsibility for\nsuch child by written notice, within twenty days of notification\npursuant to subdivision one of this section, to the commissioner and the\npublic agency placing the child.\n 3. The division for youth or the social services district placing such\nchild may appeal such denial of responsibility to the commissioner. If\nthe commissioner finds that the child was not a resident of the school\ndistrict that was notified that the child was a resident, the\ncommissioner shall request the division for youth or social services\ncommissioner to ascertain the correct school district and notify such\nschool district pursuant to subdivision one of this section. If the\ncommissioner finds that a child has no residence in this state, he shall\ndetermine that there is no school district contribution for such child.\n 4. Any final determination or order of the commissioner concerning\nresidence or placement of any child under this section may only be\nreviewed in a proceeding brought in the supreme court pursuant to\narticle seventy-eight of the civil practice law and rules. In any such\nproceeding under such article seventy-eight, the court may grant any\nrelief authorized by the provisions of section seventy-eight hundred six\nof such law and rules and may also, in its discretion, remand the\nproceedings to the commissioner. A local social services commissioner or\nthe division for youth is a proper party in any such appeal or\nproceeding.\n