§ 385. Orders; prohibiting placing out or boarding out; removal. 1.\nProhibiting placing out or boarding out. Whenever the commissioner\nshall decide that any disposition of a child under this title has been\nmade for purposes of gain, or without due inquiry as to the character\nand reputation of the person with whom such child is placed, or in such\nmanner that such child is subjected to cruel or improper treatment or\nneglect or immoral surroundings, or in such manner that the religious\nfaith of the child is not preserved and protected as provided by this\ntitle, the commissioner may issue an order prohibiting such an\nauthorized agency, association, corporation, institution, society or\nother organization from thereafter placing out or boarding out any\nchild. No such order shall
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§ 385. Orders; prohibiting placing out or boarding out; removal. 1.\nProhibiting placing out or boarding out. Whenever the commissioner\nshall decide that any disposition of a child under this title has been\nmade for purposes of gain, or without due inquiry as to the character\nand reputation of the person with whom such child is placed, or in such\nmanner that such child is subjected to cruel or improper treatment or\nneglect or immoral surroundings, or in such manner that the religious\nfaith of the child is not preserved and protected as provided by this\ntitle, the commissioner may issue an order prohibiting such an\nauthorized agency, association, corporation, institution, society or\nother organization from thereafter placing out or boarding out any\nchild. No such order shall be issued until after an opportunity to be\nheard before the commissioner or his designee and after reasonable\nnotice has been given, with a copy of the charge. A full record of the\nproceedings and decision on such hearing shall be kept by the\ndepartment. Any such order issued by the commissioner may be revoked by\nthe commissioner.\n 2. Whenever the commissioner shall find a minor\n (a) placed out or boarded out in a home which is unsuitable or has no\nlicense or certificate, or\n (b) cared for under a certificate or license but neglected or without\nsuitable care or protection, he may order its removal within thirty days\nby the agency which placed it and if such order cannot be served upon\nsuch agency, it may be addressed to the public board, commission, or\nofficer of the county charged with the care of such child. If such\nchild is not removed within the specified time, the matter may be\nbrought before the children's court or other court having jurisdiction,\nfor adjudication and disposition.\n 3. Review of orders. Any person, agency, association, corporation,\ninstitution, society or other organization, aggrieved by the decision of\nthe commissioner in making any order pursuant to the provisions of this\ntitle, may institute, in the judicial district in which the applicant\nresides or has its chief office, a proceeding under article\nseventy-eight of the civil practice law and rules in which the\nreasonableness of such decision shall be subject to review.\n