§ 382 — Responsibility for children without state residence; license and board

§ 382. Responsibility for children without state residence; license\nand board. 1. Any person, institution, corporation or agency which\nshall bring, or cause to be brought, into the state of New York any\nchild not having a state residence, or which shall receive or accept any\nchild from outside of the state of New York, not having state residence,\nshall be responsible for the care and maintenance of such child whether\nplaced out, boarded out or otherwise cared for unless adopted by foster\nparents. Such responsibility shall continue during the minority of such\nchild and thereafter until he is self-supporting.\n 2. (a) It shall be unlawful for any person, agency, association,\ncorporation, society, institution or other organization, except an\nauthorized agency, to bring, send or cause to be brought or sent into\nthe state of New York any child for the purpose of placing or boarding\nsuch child or procuring the placing of such child, by adoption,\nguardianship, or otherwise, in a family, a home or institution, except\nwith an authorized agency, in this state, without first obtaining a\nlicense from the department.\n (b) This subdivision shall not apply to a sending agency, as defined\nin article two of section three hundred seventy-four-a of this title,\nwhich is located in a state which is a party to the interstate compact\non the placement of children, provided, however, that all persons who\nreside in such a state, except officers or employees of the state or a\nsubdivision thereof who are acting in their official capacity, shall\ncomply with the provisions of this section.\n (c) This section shall not apply to and shall not restrict or limit\nthe right of a parent, legal guardian, or relative within the second\ndegree of a child from bringing or sending the child or causing the\nchild to be brought or sent, into the state of New York for the purpose\nof placing out or boarding out the child.\n 3. Application for a license shall be submitted on a form approved\nand provided by the department and be accompanied by proof that the\napplicant holds a license, or is approved by the department or similar\nbody in the state where the applicant resides, or where its chief office\nis located, or where it has its place of business.\n 4. Before bringing, sending, or causing to be brought or sent into\nthis state any child, the person, agency, association, corporation,\nsociety, institution or other organization, duly licensed as provided in\nthis section must furnish the department a blanket indemnity bond of a\nreputable surety company in favor of the state in the penal sum of not\nless than ten thousand dollars. Such bond must be approved as to form\nand sufficiency by the department and conditioned as follows:\n That such licensee (a) will report to the department immediately the\nname of each such child, its age, the name of the state, and city, town,\nborough or village, or the name of the country from which such child\ncame, the religious faith of the parents of the child, the full name and\nlast residence of its parent or parents, the name of the custodian from\nwhom it is taken, and the name and residence of the person or authorized\nagency with whom it is placed or boarded, released or surrendered, or to\nwhom adoption or guardianship is granted, and the death of such child or\nany reboarding, replacement or other disposition;\n (b) will remove from the state within thirty days after written\nnotice is given any such child becoming a public charge during his\nminority;\n (c) will remove from the state immediately upon its release any such\nchild who within three years from the time of its arrival within the\nstate is committed to an institution or prison as a result of conviction\nfor juvenile delinquency or crime;\n (d) will place or cause to be placed or board or cause to be boarded\nsuch child under agreement which will secure to such child a proper\nhome, and will make the person so receiving such child responsible for\nits proper care, education and training;\n (e) will comply with section three hundred seventy-three;\n (f) will supervise the care and training of such child and cause it\nto be visited at least annually by a responsible agent of the licensee;\nand\n (g) will make to the department such reports as it from time to time\nmay require.\n 5. In the event of the failure of such licensee to comply with the\nsecond and third conditions of the bond hereinbefore mentioned, and to\nremove, after thirty days' notice so to do, a child becoming a public\ncharge, such portion of the bond shall be forfeited to the state or the\ncounty or municipality thereof as shall equal the sum which shall have\nbeen expended by the state or such county or municipality thereof for\nthe care or maintenance or in the prosecution of such child or for its\nreturn to the licensee.\n