§ 17 — Powers and duties of the commissioner

New York § 17

• Jurisdiction: New York
• Law SOS: Social Services
• Art. 2: Department and State Board of Social Welfare

Text

§ 17. Powers and duties of the commissioner. The commissioner shall\n (a) determine the policies and principles upon which public\nassistance, services and care shall be provided within the state both by\nthe state itself and by the local governmental units within the limits\nhereinafter prescribed in this chapter;\n (b) make known his policies and principles to local social services\nofficials and to public and private institutions and welfare agencies\nsubject to his regulatory and advisory powers;\n (c) in consultation with the civil service commission, establish\nminimum qualifications for positions in local social services\ndepartments and classify such positions according to differing\ncapabilities, skills, responsibilities and education suitable to the\nvarious phases of welfare administration, not inconsistent with the\nstandards and guidelines of a duly authorized federal agency, having due\nregard for recruitment of personnel and the requirements and varying\ntypes of communities within the state. Notwithstanding any inconsistent\nprovision of law, rule or regulation, when (i) a position is vacant and\nnot filled for a continuous period of three months, and (ii) provided\nthat no person meeting all the prescribed minimum qualifications is\navailable therefore, the local social services commissioner may, if in\naccordance with federal standards, waive those qualifications which he\ndeems least essential for such position and make a provisional\nappointment of a person otherwise qualified therefor;\n (d) submit an annual report to the governor and the legislature prior\nto the fifteenth day of December of each year. Such annual report shall\ninclude the following: the affairs of the department and the status of\nwelfare programs in the state with recommendations for the improvement\nand development of welfare programs; a report on the department's fair\nhearing system, as required by section twenty-two of this article; a\nwritten evaluation report on the delivery of child welfare services in\nthe state, as required by subdivision five of section four hundred seven\nof this chapter; a report of the operations of the state central\nregister of child abuse and maltreatment and the various local child\nprotective services, as required by section four hundred twenty-six of\nthis chapter; a report on the number and status and the findings of\ninvestigations of deaths of children pursuant to subdivision five of\nsection twenty of this chapter; a report on the progress of the\ndevelopment and operation of the child care review system, as required\nby subdivision nine of section four hundred forty-two of this chapter;\ncommencing before December fifteenth, nineteen hundred eighty-four and\nterminating on December fifteenth, nineteen hundred eighty-nine, a\nprogress report on the planning and implementation of the teenage\nservices act as required by the provisions of section four hundred\nnine-m of title four-B of this chapter; an analysis of the information\ncontained in the registry of community facilities, as required by\nparagraph (b) of subdivision two of section four hundred sixty-three-a\nof this chapter; and a report on the operation of the child support\nenforcement program, as required by chapter six hundred eighty-five of\nthe laws of nineteen hundred seventy-five;\n * (d-1) in consultation with the commissioner of the division of\ncriminal justice, submit a report to the governor, the speaker of the\nassembly, the temporary president of the senate and the chairs of the\nassembly and senate standing committee on social services, on the\nservices provided to human trafficking survivors for the purpose of\nassessing the availability, utilization and necessity for such services.\nThe initial report shall be provided one year after the effective date\nof this subdivision and annually thereafter and shall include, but not\nbe limited to, the following:\n (i) the number of human trafficking referrals made to the office of\ntemporary and disability assistance including the number of confirmed\ncases;\n (ii) the number of human trafficking survivors that received housing\nand/or services, with specific information about the type of housing or\nservice;\n (iii) the number of human trafficking survivors that did not receive\nhousing and/or services, and an indication as to what type of housing\nand/or service was requested and whether such housing and/or services\nwere denied due to a lack of availability or because the case was not\nconfirmed; and\n (iv) information pertaining to the types of services provided by\nproviders such as: (1) the number of current contracts to provide\nhousing and services for human trafficking survivors and their annual\nfunding levels, broken down by contract; (2) the number of contracts\nand/or services that have ended, been terminated or not renewed and the\nreason why; (3) the types of housing and/or services that are provided,\nas well as the availability of such services, including the geographic\nlocation of such housing or service; and (4) any other information the\noffice of temporary and disability assistance deems appropriate.\n * NB There are 2 sb (d-1)'s\n * (d-1)(1) in consultation with each local health department and each\nsocial services district in the county in which a publicly funded\nshelter is located, the commissioner of the department of health, the\ncommissioner of the office of children and family services, the\ncommissioner of the New York city department of homeless services, and\nthe commissioner of the New York city department of health and mental\nhygiene, conduct a review of information, to the extent such information\nis known and available after making all diligent efforts, regarding the\nhomeless population in publicly funded shelters, during a state disaster\nemergency, declared pursuant to executive order two hundred two of two\nthousand twenty or any extension or subsequent executive order issued in\nresponse to the novel coronavirus (COVID-19) pandemic, including but not\nlimited to, the following information:\n (i) the number of confirmed infected individuals;\n (ii) the number of hospitalizations;\n (iii) the number of deaths;\n (iv) information regarding the individual, if known: (a) age; (b)\nrace; (c) family composition; (d) shelter status; (e) type of shelter\nincluding: family shelter, a shelter for adults, a hotel, an emergency\napartment, a domestic violence shelter, a runaway and homeless youth\nshelter, or a safe house for refugees; (f) any known risk factors; and\n(g) any other information the office deems appropriate;\n (v) with regard to individuals residing in a residential program for\nvictims of domestic violence or for runaway and homeless youth,\ninformation regarding the average number of individuals reported with a\nconfirmed infection, the number and percentage of programs struggling\nwith an outbreak, and the number and percentage of residents impacted in\nthose programs compared to the program's maximum capacity.\n (2) in consultation with the commissioner of health, utilizing the\ninformation reviewed pursuant to paragraph (1) of this subdivision and\nto the extent that confidentiality requirements set forth in law and\nregulation are maintained publish a report containing such information\naggregated by county. When confidentiality requirements set forth in law\nand regulation prevent the publication of information aggregated by\ncounty, the report shall contain such information aggregated for\nmultiple counties and organized by geographic region. Notwithstanding\nany other provision of this paragraph, for residential programs for\nvictims of domestic violence and runaway and homeless youth, reported\ninformation shall be aggregated on a statewide basis.\n (3) post the report on the office of temporary and disability\nassistance's website within sixty days of the effective date of this\nparagraph and update the report at least every three months thereafter\nduring the state disaster emergency declared pursuant to executive order\ntwo hundred two of two thousand twenty or any extension or subsequent\nexecutive order issued in response to the novel coronavirus (COVID-19)\npandemic.\n * NB There are 2 sb (d-1)'s\n (e) work cooperatively with the commissioner of the office of mental\nhealth and the commissioner of the office for people with developmental\ndisabilities to assist the commissioner of education in furnishing\nintegrated employment services to individuals with severe disabilities,\nincluding the development of an integrated employment implementation\nplan pursuant to article twenty-one of the education law;\n (f) in conjunction with the commissioner of education, develop and\nannually review a plan to ensure coordination and access to education\nfor homeless children, in accordance with the provisions of section\nthirty-two hundred nine of the education law, and monitor compliance of\nlocal social services districts with such plan;\n (g) require participation of all employees of a child protective\nservice in a training course which has been developed by the office for\nthe prevention of domestic violence in conjunction with the office of\nchildren and family services whose purpose is to develop an\nunderstanding of the dynamics of domestic violence and its connection to\nchild abuse and neglect. Such course shall:\n (i) pay special attention to the need to screen for domestic violence;\n (ii) place emphasis on the psychological harm experienced by children\nwhose environment is impacted by familial violence and accordingly\nexplore avenues to keep such children with the non-abusive parent rather\nthan placing them in foster care further traumatizing both the victim\nand the children;\n (iii) provide instruction regarding the scope of legal remedies for\nthe abused parent;\n (iv) identify obstacles that prevent individuals from leaving their\nbatterers and examine safety options and services available for the\nvictim;\n (v) provide information pertaining to the unique barriers facing\ncertain immigrant women and the options available under the federal\nViolence Against Women Act;\n (vi) analyze procedures available to sanction and educate the abusing\npartner; and\n (vii) emphasize the need for the system to hold the abusing partner\nresponsible by appropriate referrals to law enforcement.\n (h) make available on its website all award allocations for request\nfor proposals issued by the office of children and family services upon\nrelease of such awards. Such information shall also include all\norganizations requesting funding and the amounts requested for each\nrequest for proposal. The office of children and family services may\nalso include any other information related to each program that it deems\nappropriate;\n (i) make available to the council on children and families information\nregarding: (1) all recipients of grants awarded or administered by the\noffice of children and family services for the purposes of providing\nafterschool programs; (2) registered school age child care providers\nregistered by the office of children and family services; and (3) home\nvisiting programs that meet the criteria as required by section four\nhundred twenty-nine of this chapter regardless of whether they have a\ncontract with or receive funding from the state. Such information shall\nbe provided in accordance with the requirements set forth in subdivision\ntwo of section four hundred eighty-three-h of this chapter. Such\ninformation shall be made available no less than once a year; and\n * (i) exercise such other powers and perform such other duties as may\nbe imposed by law.\n * NB Effective March 31, 2028\n * (j) have the authority appoint a temporary operator in accordance\nwith this subdivision:\n (1) For the purposes of this subdivision:\n (i) "Building" shall mean an entire building or a unit within that\nprovides emergency shelter to homeless persons.\n (ii) "Commissioner" shall mean the commissioner of the office or his\nor her designee.\n (iii) "Data" shall mean written documentation or knowledge obtained in\nthe course of an inspection, audits, or other methods authorized by law.\n (iv) "Emergency shelter" means any building with overnight sleeping\naccommodations, the primary purpose of which is to provide temporary\nshelter for the homeless in general or for specific populations of the\nhomeless, including residential programs for victims of domestic\nviolence and runaway and homeless youth programs certified by the office\nof children and family services.\n (v) "Established operator" shall mean a provider of emergency shelter.\n (vi) "Serious financial, health or safety deficiency" shall include,\nbut not be limited to, missed mortgage payments, missed rent payments, a\npattern of untimely payment of debts, failure to pay its employees or\nvendors, insufficient funds to meet the general operating expenses of\nthe program, or a violation of law, regulation, or code with respect to\na building that provides emergency shelter to homeless persons, in which\nthere are conditions that are dangerous, hazardous, imminently\ndetrimental to life or health, or otherwise render the building not fit\nfor human habitation.\n (vii) "Temporary operator" shall mean any provider of emergency\nshelter that:\n (A) agrees to provide emergency shelter pursuant to this chapter on a\ntemporary basis in the best interests of its homeless individuals and\nfamilies served by the building;\n (B) has a history of compliance with applicable laws, rules, and\nregulations and a record of providing emergency shelter of good quality,\nas determined by the commissioner; and\n (C) prior to appointment as temporary operator, develops a plan\ndetermined to be satisfactory by the commissioner to address the\nbuilding's deficiencies.\n (2) (i) A temporary operator may only be appointed after the emergency\nshelter has been provided notice of alleged violations and the ability\nto cure such violations. The local social services district shall also\nbe notified of the alleged violations prior to the appointment of a\ntemporary operator. If the emergency shelter fails to cure such\nviolations in a timely manner, a temporary operator may be appointed\nwhere: (A) data demonstrates that the building is exhibiting a serious\nfinancial, health, or safety deficiency; (B) data demonstrates that the\nestablished operator is unable or unwilling to ensure the proper\noperation of the building; or (C) data indicates there exist conditions\nthat seriously endanger or jeopardize emergency shelter residents. If\nthe commissioner determines to appoint a temporary operator, the\ncommissioner shall notify the established operator and the local social\nservices district of his or her intention to appoint a temporary\noperator to assume sole responsibility for the provider of the emergency\nshelter's operations for a limited period of time. The appointment of a\ntemporary operator shall be effectuated pursuant to this section, and\nshall be in addition to any other remedies provided by law.\n (ii) The established operator may at any time request the commissioner\nto appoint a temporary operator. Upon receiving such a request, the\ncommissioner may, if he or she determines that such an action is\nnecessary, enter into an agreement with the established operator for the\nappointment of a temporary operator to restore or maintain the provision\nof quality emergency shelter to the emergency shelter residents until\nthe established operator can resume operations within the designated\ntime period or other action is taken to suspend, revoke, or limit the\nauthority of the established operator.\n (3) (i) A temporary operator appointed pursuant to this section shall\nuse his or her best efforts to implement the plan deemed satisfactory by\nthe commissioner to correct or eliminate any deficiencies in the\nbuilding and to promote the quality and accessibility of the emergency\nshelter in the community served by the provider of emergency shelter.\n (ii) During the term of appointment, the temporary operator shall have\nthe authority to direct the staff of the established operator as\nnecessary to appropriately provide emergency shelter for homeless\nindividuals and families. The temporary operator shall, during this\nperiod, provide emergency shelter in such a manner as to promote safety\nand the quality and accessibility of emergency shelter in the community\nserved by the established operator until either the established operator\ncan resume operations or until the office revokes the authority of the\nemergency shelter to operate under this chapter.\n (iii) The established operator shall grant access to the temporary\noperator to the established operator's accounts and records in order to\naddress any serious financial, health or safety deficiency. The\ntemporary operator shall approve any decision related to an established\nprovider's day to day operations or the established provider's ability\nto provide emergency shelter.\n (iv) The temporary operator shall not be required to file any bond. No\nsecurity interest in any real or personal property comprising the\nestablished operator or contained within the established operator or in\nany fixture of the building, shall be impaired or diminished in priority\nby the temporary operator. Neither the temporary operator nor the office\nshall engage in any activity that constitutes a confiscation of\nproperty.\n (4) Costs associated with the temporary operator, including\ncompensation, shall follow the financing structure established in\naccordance with section one hundred fifty-three of this chapter, as\nmodified by the current aid to localities provisions for the office of\ntemporary and disability assistance within the department of family\nassistance. The temporary operator shall be liable only in its capacity\nas temporary operator for injury to person and property by reason of its\noperation of such building; no liability shall incur in the temporary\noperator's personal capacity, except for gross negligence and\nintentional acts.\n (5) (i) The initial term of the appointment of the temporary operator\nshall not exceed ninety days. After ninety days, if the commissioner\ndetermines that termination of the temporary operator would cause\nsignificant deterioration of the quality of, or access to, emergency\nshelter in the community or that reappointment is necessary to correct\nthe deficiencies that required the appointment of the temporary\noperator, the commissioner may authorize an additional ninety-day term.\nHowever, such authorization shall include the commissioner's\nrequirements for conclusion of the temporary operatorship to be\nsatisfied within the additional term.\n (ii) Within fourteen days prior to the termination of each term of the\nappointment of the temporary operator, the temporary operator shall\nsubmit to the commissioner, to the local social services district, and\nto the established operator a report describing:\n (A) the actions taken during the appointment to address the identified\nbuilding deficiencies, the resumption of building operations by the\nestablished operator, or the revocation of authority to operate an\nemergency shelter;\n (B) objectives for the continuation of the temporary operatorship if\nnecessary and a schedule for satisfaction of such objectives; and\n (C) if applicable, the recommended actions for the ongoing provision\nof emergency shelter subsequent to the temporary operatorship.\n (iii) The term of the initial appointment and of any subsequent\nreappointment may be terminated prior to the expiration of the\ndesignated term, if the established operator and the commissioner agree\non a plan of correction and the implementation of such plan.\n (6) (i) The commissioner shall, upon making a determination of an\nintention to appoint a temporary operator pursuant to subparagraph (i)\nof paragraph two of this subdivision, cause the established operator and\nthe local social services district to be notified of the intention by\nregistered or certified mail addressed to the principal office of the\nestablished operator and the local social services district. Such\nnotification shall include a detailed description of the findings\nunderlying the intention to appoint a temporary operator, and the date\nand time of a required meeting with the commissioner within ten business\ndays of the receipt of such notice. At such meeting, the established\noperator, and the commissioner shall have the opportunity to review and\ndiscuss all relevant findings. At such meeting, the commissioner and the\nestablished operator shall attempt to develop a mutually satisfactory\nplan of correction and schedule for implementation. If a mutually\nsatisfactory plan of correction and schedule for implementation is\ndeveloped, the commissioner shall notify the established operator that\nthe commissioner will abstain from appointing a temporary operator\ncontingent upon the established operator remediating the identified\ndeficiencies within the agreed upon timeframe.\n (ii) The commissioner shall, upon making a determination of an\nintention to appoint a temporary operator pursuant to subparagraph (i)\nof paragraph two of this subdivision, cause the temporary president of\nthe senate, and the speaker of the assembly to receive appropriate and\ntimely notification of the intention to appoint a temporary operator.\nSuch notification shall include a description of the findings underlying\nthe intention to appoint a temporary operator, the identification of the\nnew operator when practicable, and the date of expected transfer of\noperations. Such notice shall be made as soon as practicable under the\ncircumstances.\n (iii) The commissioner, at any time he or she deems necessary and to\nthe extent practicable, shall consult and may involve the local social\nservices district.\n (iv) Should the commissioner and the established operator be unable to\nestablish a plan of correction pursuant to subparagraph (i) of this\nparagraph, or should the established operator fail to respond to the\ncommissioner's initial notification, there shall be an administrative\nhearing on the commissioner's determination to appoint a temporary\noperator to begin no later than thirty days from the date of the notice\nto the established operator. Any such hearing shall be strictly limited\nto the issue of whether the determination of the commissioner to appoint\na temporary operator is supported by substantial evidence. A copy of the\ndecision shall be sent to the established operator and the local social\nservices district.\n (v) If the decision to appoint a temporary operator is upheld such\ntemporary operator shall be appointed as soon as is practicable and\nshall provide emergency shelter pursuant to the provisions of this\nsection.\n (7) Notwithstanding the appointment of a temporary operator, the\nestablished operator shall remain obligated for the continued provision\nof emergency shelter. No provision contained in this section shall be\ndeemed to relieve the established operator or any other person of any\ncivil or criminal liability incurred, or any duty imposed by law, by\nreason of acts or omissions of the established operator or any other\nperson prior to the appointment of any temporary operator of the\nbuilding hereunder; nor shall anything contained in this section be\nconstrued to suspend during the term of the appointment of the temporary\noperator of the building any obligation of the established operator or\nany other person for the maintenance and repair of the building,\nprovision of utility services, payment of taxes or other operating and\nmaintenance expenses of the building, nor of the established operator or\nany other person for the payment of mortgages or liens.\n * NB Repealed March 31, 2028\n * (k) exercise such other powers and perform such other duties as may\nbe imposed by law.\n * NB Repealed March 31, 2028\n