§ 374-b. Authority to operate agency boarding home.
1.An authorized\nagency which is not a court, public board, commission, or official, is\nhereby empowered and permitted to operate agency boarding homes in\ncompliance with regulations of the department; and a social services\nofficial who is authorized to place children in family homes and\ninstitutions, pursuant to section three hundred ninety-eight, may be\nauthorized by the department to operate agency boarding homes, in\ncompliance with such regulations, if such official applies for such\nauthority and demonstrates to the department his need therefor and that\nsuitable care is not otherwise available for children and/or minors\nunder the care of such official through an authorized agency under the\ncontrol of persons of the same r
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§ 374-b. Authority to operate agency boarding home. 1. An authorized\nagency which is not a court, public board, commission, or official, is\nhereby empowered and permitted to operate agency boarding homes in\ncompliance with regulations of the department; and a social services\nofficial who is authorized to place children in family homes and\ninstitutions, pursuant to section three hundred ninety-eight, may be\nauthorized by the department to operate agency boarding homes, in\ncompliance with such regulations, if such official applies for such\nauthority and demonstrates to the department his need therefor and that\nsuitable care is not otherwise available for children and/or minors\nunder the care of such official through an authorized agency under the\ncontrol of persons of the same religious faith as such children. No\nagency boarding home shall care for more than six children or minors\nexcept that such a home may provide care for more than six brothers and\nsisters of the same family. Such homes shall be subject to supervision,\nvisitation and inspection by the department and shall also be subject to\nvisitation and inspection by the board.\n 2. (a) If an authorized agency plans to establish one or more boarding\nhomes within a municipality, it shall notify the chief executive officer\nof the municipality in writing of its intentions and include in such\nnotice a description of the nature, size and the community support\nrequirements of the program.\n (b) For purposes of this subdivision, "municipality" means an\nincorporated village, if a facility is to be located therein; a town, if\nthe facility is to be located therein, and not simultaneously within an\nincorporated village; or a city, except that in the city of New York,\nthe community board with jurisdiction over the area in which such a\nfacility is to be located shall be considered the municipality.\n 3. An authorized agency that has received approval from the office of\nchildren and family services may operate a supervised independent living\nprogram, as defined in section three hundred seventy-one of this title.\nThe office of children and family services shall promulgate regulations\nestablishing the standards for approval and operation of supervised\nindependent living programs.\n