§ 398 — Additional powers and duties of commissioners of public welfare and certain city public welfare officers in relation to children

New York § 398

• Jurisdiction: New York
• Law SOS: Social Services
• Title 2: Powers and Duties of Public Welfare Officials
• Art. 6: Children

Text

§ 398. Additional powers and duties of commissioners of public welfare\nand certain city public welfare officers in relation to children.\nCommissioners of public welfare and city public welfare officers\nresponsible under the provisions of a special or local law for the\nchildren hereinafter specified shall have powers and perform duties as\nfollows:\n 1. As to destitute children:\n (a) offer preventive services in accordance with section four hundred\nnine-a of this article when necessary to avert an impairment or\ndisruption of a family which could result in the placement of the child\nin foster care;\n (b) report to the local criminal justice agency and to the statewide\ncentral register for missing children as described in section eight\nhundred thirty-seven-e of the executive law such relevant information as\nrequired on a form prescribed by the commissioner of the division of\ncriminal justice services, in appropriate instances; and\n (c) assume charge of and provide care and support for any child who is\na destitute child pursuant to paragraph (a) of subdivision three of\nsection three hundred seventy-one of this article who cannot be properly\ncared for in his or her home, and if required, petition the family court\nto obtain custody of the child in accordance with article ten-C of the\nfamily court act.\n 2. As to neglected, abused or abandoned children:\n (a) Investigate the alleged neglect, abuse or abandonment of a child,\noffer protective social services to prevent injury to the child, to\nsafeguard his welfare, and to preserve and stabilize family life\nwherever possible and, if necessary, bring the case before the family\ncourt for adjudication and care for the child until the court acts in\nthe matter and, in the case of an abandoned child, shall promptly\npetition the family court to obtain custody of such child.\n (b) Receive and care for any child alleged to be neglected, abused or\nabandoned who is temporarily placed in his care by the family court\npending adjudication by such court of the alleged neglect, abuse or\nabandonment including the authority to establish, operate, maintain and\napprove facilities for such purpose in accordance with the regulations\nof the department; and receive and care for any neglected, abused or\nabandoned child placed or discharged to his care by the family court.\n (c) Any facility designated as of the effective date of this act shall\nnot be disapproved except after consultation with the designating\nappellate division.\n (d) The local social services department shall list all facilities\napproved under this article for the temporary custody and care of\nchildren remanded by the family court and shall file a copy of that list\nperiodically with the clerk of the family court in each county in the\njudicial district in which the facility is located.\n (e) Report to the local registrar of vital statistics of the district\nin which the child was found the sex, color, approximate date of birth,\nplace of finding, and the name assigned to any child who may be found\nwhose parents are unknown, within ten days whenever possible after the\nchild is found, on a form prescribed therefor by the state commissioner\nof health, and report the subsequent identification of any such child to\nthe state commissioner of health; provided, however, that in the city of\nNew York such form shall be prescribed by, and such report shall be made\nto, the department of health.\n (f) Report to the local criminal justice agency and to the statewide\ncentral register for missing children as described in section eight\nhundred thirty-seven-e of the executive law such information as required\non a form prescribed by the commissioner of the division of criminal\njustice services within forty-eight hours after an abandoned child is\nfound.\n 3. As to delinquent children and persons in need of supervision:\n (a) Investigate complaints as to alleged delinquency of a child.\n (b) Bring such case of alleged delinquency when necessary before the\nfamily court.\n (c) Receive within fifteen days from the order of placement as a\npublic charge any delinquent child committed or placed or person in need\nof supervision placed in his or her care by the family court provided,\nhowever, that the commissioner of the social services district with whom\nthe child is placed may apply to the state commissioner or his or her\ndesignee for approval of an additional fifteen days, upon written\ndocumentation to the office of children and family services that the\nyouth is in need of specialized treatment or placement and the diligent\nefforts by the commissioner of social services to locate an appropriate\nplacement.\n * 3-a. As to delinquent children:\n (a)(1) Conditionally release any juvenile delinquent placed with the\ndistrict to aftercare whenever the district determines conditional\nrelease to be consistent with the needs and best interests of such\njuvenile delinquent, that suitable care and supervision can be provided,\nand that there is a reasonable probability that such juvenile delinquent\ncan be conditionally released without endangering public safety;\nprovided, however, that such conditional release shall be made in\naccordance with the regulations of the office of children and family\nservices, and provided further that no juvenile delinquent while absent\nfrom a facility or program without the consent of the director of such\nfacility or program shall be conditionally released by the district\nsolely by reason of the absence.\n (2) It shall be a condition of such release that a juvenile delinquent\nso released shall continue to be the responsibility of the social\nservices district for the period provided in the order of placement.\n (3) The social services district may provide clothing, services and\nother necessities for any conditionally released juvenile delinquent, as\nmay be required, including medical care and services not provided to\nsuch juvenile delinquent as medical assistance for needy persons\npursuant to title eleven of article five of this chapter.\n (4) The social services district, pursuant to the regulations of the\noffice of children and family services, may cause a juvenile delinquent\nto be returned to a facility operated and maintained by the district, or\nan authorized agency under contract with the district, at any time\nwithin the period of placement, where there is a violation of the\nconditions of release or a change of circumstances.\n (5) Juvenile delinquents conditionally released by a social services\ndistrict may be provided for as follows:\n (i) If, in the opinion of the social services district, there is no\nsuitable parent, relative or guardian to whom a juvenile delinquent can\nbe conditionally released, and suitable care cannot otherwise be\nsecured, the district may conditionally release such juvenile delinquent\nto the care of any other suitable person; provided that where such\nsuitable person has no legal relationship with the juvenile, the\ndistrict shall advise such person of the procedures for obtaining\ncustody or guardianship of the juvenile.\n (ii) If a conditionally released juvenile delinquent is subject to\narticle sixty-five of the education law or elects to participate in an\neducational program leading to a high school diploma, he or she shall be\nenrolled in a school or educational program leading to a high school\ndiploma following release, or, if such release occurs during the summer\nrecess, upon the commencement of the next school term. If a\nconditionally released juvenile delinquent is not subject to article\nsixty-five of the education law, and does not elect to participate in an\neducational program leading to a high school diploma, steps shall be\ntaken, to the extent possible, to facilitate his or her gainful\nemployment or enrollment in a vocational program following release.\n (b) When a juvenile delinquent placed with the social services\ndistrict is absent from placement without consent, such absence shall\ninterrupt the calculation of time for his or her placement. Such\ninterruption shall continue until such juvenile delinquent returns to\nthe facility or authorized agency in which he or she was placed.\nProvided, however, that any time spent by a juvenile delinquent in\ncustody from the date of absence to the date placement resumes shall be\ncredited against the time of such placement provided that such custody:\n (1) was due to an arrest or surrender based upon the absence; or\n (2) arose from an arrest or surrender on another charge which did not\nculminate in a conviction, adjudication or adjustment.\n (c) In addition to the other requirements of this section, no juvenile\ndelinquent placed with a social services district operating an approved\njuvenile justice services close to home initiative pursuant to section\nfour hundred four of this chapter pursuant to a restrictive placement\nunder the family court act shall be released except pursuant to section\n353.5 of the family court act.\n * NB Repealed March 31, 2028\n 4. As to mentally disabled and physically handicapped children:\n (a) Obtain admission to state and other suitable schools, hospitals,\nother institutions, or care in their own homes or in family free or\nboarding homes or in agency boarding homes or group homes for such\nchildren in accordance with the provisions of the mental hygiene law,\neducation law and acts relating to the family court.\n (b) Maintain supervision over such disabled or physically handicapped\nchildren as are not in institutions, hospitals or schools or under the\njurisdiction of the family court.\n 5. As to children born out of wedlock:\n (a) Provide care in a family free or boarding home, in an agency\nboarding home or group home or in an institution for any child born out\nof wedlock and for his mother as for any other person in need of public\nassistance and care during pregnancy and during and after delivery, when\nin the judgment of such social services official needed care cannot be\nprovided in the mother's own home. However, nothing in this section or\nelsewhere in this chapter contained shall be construed to make any such\nchild or his mother ineligible for such care away from home, regardless\nof ability or liability to pay therefor; provided, however, that except\nas hereinafter provided, it shall rest in the discretion of the social\nservices official, in view of all the facts and circumstances present in\neach case, to determine whether or not to require such mother, or any\nother person or persons liable by law to contribute to the support\nthereof, to pay all or any part of such cost, pursuant to the provisions\nof this section or any other section of this chapter. Any inconsistent\nprovision of law notwithstanding, the acceptance by a private authorized\nadoption agency of an absolute surrender of a child born out of wedlock\nfrom the mother of such child shall relieve her from any and all\nliability for the support of such child. When in the judgment of a\nsocial services official needed care cannot be provided in the home of a\nminor pregnant with an out of wedlock child, and he has made a\ndetermination pursuant to subdivision one of section one hundred\nthirty-two of this chapter not to make an investigation of the\ncircumstances of such minor and not to require support from persons\nliable therefor, the authorization of such social services official of\nnecessary medical care for such minor shall have the same force and\neffect as a consent executed by a parent or guardian of such minor.\n (b) Institute proceedings to establish paternity and secure the\nsupport and education of any child born out of wedlock or make a\ncompromise with the father of such child, in accordance with the\nprovisions of law, relating to children born out of wedlock.\n (c) Hold and disburse the money received from such a compromise or pay\nit to the mother if she gives security for the support of the child.\n (d) When practicable, require the mother to contribute to the support\nof the child.\n 6. As to all foregoing classes of children:\n (a) Investigate the family circumstances of each child reported to him\nas destitute, neglected, abused, delinquent, disabled or physically\nhandicapped in order to determine what assistance and care, supervision\nor treatment, if any, such child requires.\n (b) Provide for expert mental and physical examination of any child\nwhom he has reason to suspect of mental or physical disability or\ndisease and pay for such examination from public funds, if necessary.\n (c) Provide necessary medical or surgical care in a suitable hospital,\nsanatorium, preventorium or other institution or in his own home for any\nchild needing such care and pay for such care from public funds, if\nnecessary. However, in the case of a child or minor who is eligible to\nreceive care as medical assistance for needy persons pursuant to title\neleven of article five of this chapter, such care shall be provided\npursuant to the provisions of that title.\n (d) Ascertain the financial ability of the parents of children who\nbecome public charges and collect toward the expense of such child's\ncare such sum as the parents are able to pay.\n (e) Collect from parents whose children have been discharged to his\ncare by the family court such sums as they are ordered to pay for the\nmaintenance of such children and report any failure to comply with such\norder to such court.\n (f) When in his judgment it is advisable for the welfare of the child,\naccept the surrender of a child by an instrument in writing in\naccordance with the provisions of this chapter. Any inconsistent\nprovision of law notwithstanding, the acceptance by the social services\nofficial of a surrender of a child born out of wedlock from the mother\nor father of such child shall relieve the parent executing such\nsurrender from any and all liability for the support of such child.\n (g) (1) Place children in its care and custody or its custody and\nguardianship, in suitable instances, in supervised settings, family\nhomes, agency boarding homes, group homes or institutions under the\nproper safeguards. Such placements can be made either directly, or\nthrough an authorized agency, except that, direct placements in agency\nboarding homes or group homes may be made by the social services\ndistrict only if the office of children and family services has\nauthorized the district to operate such homes in accordance with the\nprovisions of section three hundred seventy-four-b of this article and\nonly if suitable care is not otherwise available through an authorized\nagency under the control of persons of the same religious faith as the\nchild. Where such district places a child in a supervised setting,\nagency boarding home, group home or institution, either directly, or\nthrough an authorized agency, the district shall certify in writing to\nthe office of children and family services, that such placement was made\nbecause it offers the most appropriate and least restrictive level of\ncare for the child, and, is more appropriate than a family foster home\nplacement, or, that such placement is necessary because there are no\nqualified foster families available within the district who can care for\nthe child. If placements in agency boarding homes, group homes or\ninstitutions are the result of a lack of foster parents within a\nparticular district, the office of children and family services shall\nassist such district to recruit and train foster parents. Placements\nshall be made only in institutions visited, inspected and supervised in\naccordance with title three of article seven of this chapter and\nconducted in conformity with the applicable regulations of the\nsupervising state agency in accordance with title three of article seven\nof this chapter. With the approval of the office of children and family\nservices, a social services district may place a child in its care and\ncustody or its custody and guardianship in a federally funded job corps\nprogram and may receive reimbursement for the approved costs of\nappropriate program administration and supervision pursuant to a plan\ndeveloped by the department and approved by the director of the budget.\n (2) A social services district may place a child in its care and\ncustody or its custody and guardianship in a home or facility operated\nor licensed by any office of the department of mental hygiene, subject\nto the relevant provisions of the mental hygiene law and the admission\ncriteria of the facility. The director of the budget may authorize such\ntransfers of appropriations under the provisions of section fifty of the\nstate finance law as may be necessary to secure federal reimbursement\nfor such placements.\n (3) (i) Effective sixty days after the enactment of this subparagraph,\nthere is hereby established within a social services district with a\npopulation in excess of two million a two-year demonstration project\nwhich affords authorized agencies with which foster children are placed\nenhanced administrative flexibility. Pursuant to such demonstration\nproject, an authorized agency with which the social services district\nhas placed a child shall have the authority to:\n (A) give all necessary consents to the discharge of the child from\nfoster care when such authorized agency has submitted a written request\nfor approval of such discharge to the social services official and the\nsocial services official has not disapproved such discharge within\nthirty days of receiving such request;\n (B) change a goal for the child when such authorized agency has\nsubmitted a written request for approval of such change of goal to the\nsocial services official and the social services official has not\ndisapproved such goal within thirty days of receiving such request;\n (C) commence a proceeding to free the child for adoption when such\nauthorized agency has submitted a written request for approval of the\ncommencement of such proceeding to the social services official, if the\nsocial services official has not disapproved such commencement within\nthirty days of receiving such request, in which case such a request\nshall be deemed approved; and\n (D) consent to the adoption of a child whose custody and guardianship,\nor of a child where such child's parents are both deceased, or where one\nparent is deceased and the other parent is not entitled to notice\npursuant to sections one hundred eleven and one hundred eleven-a of the\ndomestic relations law, and whose care and custody, has been transferred\nto a social services district and who has been placed by the social\nservices official with the authorized agency when the authorized agency\nhas submitted a written request for approval to consent to the adoption,\nif the social services district has not disapproved the request to\nconsent to adoption within sixty days after its submission, in which\ncase such request shall be deemed approved and the authorized agency may\ngive all necessary consent to the adoption of the child.\n (ii) Nothing herein shall result in the transfer of care and custody\nor custody and guardianship of a child from the social services official\nto the authorized agency.\n (iii) Within three months of the conclusion of the demonstration\nproject, such social services district shall issue a report to the\ndepartment regarding the effectiveness of the demonstration project.\nSuch report shall include recommendations for possible statutory and\nregulatory amendments in relation to the administration of foster care.\n (4) A social services district may place a child in its care and\ncustody or its custody and guardianship in a family home certified by\nthe division for youth, which shall not include a group home. Such\nplacements shall be subject to the relevant provisions of this chapter,\nthe executive law and the admission criteria of the home.\n (h) Supervise children who have been cared for away from their\nfamilies until such children become twenty-one years of age or until\nthey are discharged to their own parents, relatives within the third\ndegree or guardians, or adopted, provided, however, that in the case of\na child who is developmentally disabled as such term is defined in\nsection 1.03 of the mental hygiene law, emotionally disturbed or\nphysically handicapped, and who is receiving care in a group home,\nagency boarding home or any child care facility operated by an\nauthorized agency with a capacity of thirteen or more children, and who\nis in receipt of educational services and under the care and custody of\na local department of social services, the commissioner of the office of\nchildren and family services shall allow such child who reaches the age\nof twenty-one during the period commencing on the first day of September\nand ending on the thirtieth day of June to be entitled to continue in\nsuch program until the thirtieth day of June or until the termination of\nthe school year, whichever shall first occur.\n (j) Permit children and minors who are being cared for away from their\nown homes as public charges to retain the maximum amount of their\nmonthly earned income for future identifiable needs in accordance with\nthe regulations of the department and consistent with the federal law\napplicable to the treatment of income and resources under the aid to\nfamilies with dependent children program.\n (k) In accordance with regulations of the department, provide suitable\nvocational training through any institution licensed or approved by the\nstate education department, for any minor in his care who demonstrates\nto his satisfaction the possession of talent, aptitude and ability\nnecessary to benefit therefrom, provided such minor could not otherwise\nobtain such training. Expenditures may be made for tuition, books,\nsupplies, and all other necessary items to enable such minor to obtain\nsuch training.\n (l) In accordance with regulations of the department, provide\nmaintenance in a summer camp for children and minors who are being cared\nfor away from their own homes as public charges, when in his judgment it\nis advisable for the welfare of such children and minors.\n (n) When it is in the best interest of the child, place a child who is\nbeing returned to foster care, following an interruption in care, or a\nchild who is being returned to a family boarding home following\nplacement in a foster care facility with the foster care parents with\nwhom that child was last placed, notwithstanding the provisions of\nsubdivisions three and four of section three hundred seventy-eight of\nthis chapter. When it is in the best interests of the minor parent and\nthe minor parent's child or children, place the minor parent who is\nbeing returned to foster care following an interruption in care, and the\nminor parent's child or children or the minor parent who is being\nreturned to a family boarding home following placement in a foster care\nfacility and the minor parent's child or children with the foster care\nparents with whom the minor parent was last placed, notwithstanding the\nprovisions of subdivisions three and four of section three hundred\nseventy-eight of this chapter.\n (o) Compliance with a court order enforcing visitation rights of a\nnon-custodial parent or grandparent pursuant to part eight of article\nten of the family court act, subdivision ten of section three hundred\nfifty-eight-a or paragraph (d) of subdivision two of section three\nhundred eighty-four-a of this chapter, and responsibility for the return\nof such child after visitation so ordered.\n * (p) Provide respite care for children who have special needs as\ndescribed in subdivision fifteen of this section including, but not\nlimited to, those children who are diagnosed as having AIDS or HIV\nrelated disease. For the purposes of this paragraph, respite care shall\nmean the provision of temporary care and supervision of children on\nbehalf of a foster parent of a child with such special needs. Such care\nmay be provided by a foster family boarding home, an agency operated\nboarding home, a group home, an institution or by an authorized staff\nmember of such programs or other provider approved by the local district\nbased on the individual circumstances of the caregiver and the needs of\nthe child, for up to three consecutive weeks but no more than seven\nweeks in a calendar year. The department shall, by regulation, establish\nstandards for respite care and training for the providers of such care.\n * NB There are 2 par (p)'s\n * (p) Consistent with the provisions of this chapter, provide\nnecessary care, services and supervision including medical care, to a\nchild placed in foster care pursuant to subparagraph (ii) of paragraph\n(a) of subdivision two of section ten hundred seventeen of the family\ncourt act, and reimbursement therefor to relatives of such child as\napproved foster parents with whom such child is residing.\n * NB There are 2 par. (p)'s\n 7. Notwithstanding any inconsistent provisions of law, no city forming\npart of a county public welfare district may hereafter assume any of the\npowers, duties and responsibilties mentioned in this section. However,\nthis subdivision shall not be deemed or construed to prohibit a public\nwelfare officer of a city forming part of a county public welfare\ndistrict from exercising and performing on behalf of the county\ncommissioner of public welfare, pursuant to the provisions of title\nthree-a of article three, any of the powers and duties mentioned in this\nsection. A city forming part of a county public welfare district which\nheretofore assumed or upon which was heretofore imposed the\nresponsibility for providing any or all of the assistance, care and\nservice mentioned in this section, shall hereafter continue to have such\nresponsibility, provided, however, that the continuance of such\nresponsibility shall be consistent with the powers, duties and\nresponsibilities of such city under and pursuant to the provisions of\ntitle three-a of article three.\n 8. A public welfare official who is authorized to place children or\nminors in homes or institutions pursuant to provisions of this section\nshall have the power to place children or minors in a public institution\nfor children.\n 9. A social services official shall have the same authority as a peace\nofficer to remove a child from his home without an order of the family\ncourt and without the consent of the parent or person responsible for\nsuch child's care if the child is in such condition that his continuing\nin the home presents an imminent danger to the child's life or health.\nWhen a child is removed from his home pursuant to the provisions of this\nsubdivision, the social services official shall promptly inform the\nparent or person responsible for such child's care and the family court\nof his action.\n 10. Any provision of this chapter or any other law notwithstanding,\nwhere a foster child for whom a social services official has been making\nfoster care payments is in attendance at a college or university away\nfrom his or her foster family boarding home, group home, agency boarding\nhome or institution, and residing in a supervised setting or other\napproved location, a social services official may make foster payments,\nat a rate to be developed by the office of children and family services,\nto such college or university, provider of room and board, or youth, as\nappropriate, in lieu of payment to the foster parents or authorized\nagency, for the purpose of room and board, if not otherwise provided.\nSuch rate shall be no lower than the rate paid for a child's care in a\nfoster family boarding home.\n 11. In the case of a child who is adjudicated a person in need of\nsupervision or a juvenile delinquent and is placed by the family court\nwith the division for youth and who is placed by the division for youth\nwith an authorized agency pursuant to court order, the social services\nofficial shall make expenditures in accordance with the regulations of\nthe department for the care and maintenance of such child during the\nterm of such placement subject to state reimbursement pursuant to this\ntitle, or article nineteen-G of the executive law in applicable cases.\n 12. A social services official shall be permitted to place persons\nadjudicated in need of supervision or delinquent, and alleged persons to\nbe in need of supervision in detention pending transfer to a placement,\nin the same foster care facilities as are providing care to destitute,\nneglected, abused or abandoned children. Such foster care facilities\nshall not provide care to a youth in the care of a social services\nofficial as a convicted juvenile offender.\n 13. (a) In the case of a child with a handicapping condition who is\nplaced, pursuant to this chapter, in a foster care agency or institution\nlocated outside the state, and who attains the age of eighteen, the\nsocial services official shall:\n (i) determine whether such child will need services after the age of\ntwenty-one, and, if such need exists;\n (ii) assess the nature of the services required;\n (iii) notify the parent or guardian of such child's need for services;\nand\n (iv) upon the written consent of the parent or guardian, and\nnotwithstanding section three hundred seventy-two of this article,\nsubmit a report on the child's need for services after age twenty-one to\nthe department for planning purposes.\n (b) Upon the written consent of the parent or guardian, the department\nshall submit the report received pursuant to paragraph (a) of this\nsubdivision to the council on children and families.\n (c) When a child's report is submitted to the council on children and\nfamilies pursuant to this subdivision, the council shall cooperate with\nadult service providers, such as the department of social services, the\noffice for people with and developmental disabilities, the office of\nmental health and the office of vocational rehabilitation of the\neducation department in planning and coordinating such child's return to\nNew York state for adult services. The council shall arrange with the\nappropriate state agency for the development of a recommendation of all\nappropriate in-state programs operated, licensed, certified or\nauthorized by such agency and which may be available when such child\nattains the age of twenty-one. Such recommendation of all programs shall\nbe made available to the parent or guardian of such child at least six\nmonths before such child attains the age of twenty-one. All records,\nreports and information received, compiled or maintained by the council\npursuant to this subdivision shall be subject to the confidentiality\nrequirements of the department.\n 14. (a) In the case of a child who is developmentally disabled as such\nterm is defined in section 1.03 of the mental hygiene law, emotionally\ndisturbed or physically handicapped and who is receiving care in a group\nhome, agency boarding home, or any child care facility operated by an\nauthorized agency with a capacity of thirteen or more children, who\nattains the age of eighteen and who will continue in such care after the\nage of eighteen, or who is placed in such care after the age of\neighteen, the social services official shall notify the parent or\nguardian of such child that such care will terminate when such child\nattains the age of twenty-one provided, however, that any such child in\nreceipt of educational services and under the care and custody of a\nlocal department of social services who reaches the age of twenty-one\nduring the period commencing on the first day of September and ending on\nthe thirtieth day of June shall be entitled to continue in such program\nuntil the thirtieth day of June or until the termination of the school\nyear, whichever shall first occur. Such notice shall be in writing and\nshall describe in detail the parent's or guardian's opportunity to\nconsent to having such child's name and other information forwarded in a\nreport to the commissioner of mental health, commissioner of the office\nfor people with developmental disabilities, commissioner of education or\ncommissioner of the office of children and family services or their\ndesignees for the purpose of determining whether such child will likely\nneed services after the age of twenty-one and, if so, recommending\npossible adult services.\n (b) Upon the written consent of the parent or guardian, and\nnotwithstanding section three hundred seventy-two of this article, the\nsocial services official shall submit a report on such child's possible\nneed for services after age twenty-one to the commissioner of mental\nhealth, commissioner of the office for people with developmental\ndisabilities, commissioner of social services or commissioner of\neducation or their designees for the development of a recommendation\npursuant to section 7.37 or 13.37 of the mental hygiene law, section\nthree hundred ninety-eight-c of this title or subdivision ten of section\nfour thousand four hundred three of the education law. The social\nservices official shall determine which commissioner shall receive the\nreport by considering the child's handicapping condition. If the social\nservices official determines that the child will need adult services\nfrom the department and such social services official is the\ncommissioner's designee pursuant to this subdivision and section three\nhundred ninety-eight-c of this title, such social services official\nshall perform the services described in section three hundred\nninety-eight-c of this title.\n (c) A copy of such report shall also be submitted to the department at\nthe same time that such report is submitted to the commissioner of\nmental health, commissioner of the office for people with developmental\ndisabilities or commissioner of education or their designees.\n (d) When the social services official is notified by the commissioner\nwho received the report that such state agency is not responsible for\ndetermining and recommending adult services for the child, the social\nservices official shall forward the report to another commissioner; or,\nif the social services official determines that there exists a dispute\nbetween state agencies as to which state agency has the responsibility\nfor determining and recommending adult services, the social services\nofficial may forward the report to the council on children and families\nfor a resolution of such dispute.\n (e) The social services official shall prepare and submit an annual\nreport to the department on October first, nineteen hundred eighty-four\nand thereafter on or before October first of each year. Such annual\nreport shall contain the number of cases submitted to each commissioner\npursuant to paragraph (b) of this subdivision, the type and severity of\nthe handicapping condition of each such case, the number of notices\nreceived which deny responsibility for determining and recommending\nadult services, and other information necessary for the department and\nthe council on children and families to monitor the need for adult\nservices, but shall not contain personally identifying information. The\ndepartment shall forward copies of such annual reports to the council on\nchildren and families. All information received by the council on\nchildren and families pursuant to this paragraph shall be subject to the\nconfidentiality requirements of the department.\n 15. (a) In the case of a child who has special needs due to a high\nlevel of disturbed behavior, emotional disturbance or physical or health\nneeds as determined by the district in accordance with the rules and\nregulations of the department and who has been placed with a therapeutic\nfoster parent, the social services official shall make available\nperiodic respite care services for such parent, necessary consultation\nservices between the therapeutic foster care parent and professionals\nfamiliar with the special needs of the child and such other support\nservices as are reasonably necessary to prevent placement of the child\nin a group home, an agency operated boarding home or an institution.\n (b) Prior to placement of a child who has been determined to have\nspecial needs with a therapeutic foster parent, the social services\nofficial shall require such foster parent to complete an approved\ntraining program. The department shall not provide enhanced\nreimbursement for such placement unless the social services official\ncertifies that the foster parent has successfully completed an approved\ntraining program.\n (c) A social services official shall require that the family services\nplan developed pursuant to section four hundred nine-e of this article\nfor a child placed with a therapeutic foster parent include a treatment\nplan prepared in consultation with the therapeutic foster parent and\napproved by the social services official.\n 16. Notwithstanding any provision of law to the contrary, with regard\nto the placement of all categories of foster children, the social\nservices official or the voluntary authorized agency under contract with\nsuch official must consider giving preference to placement of a child\nwith an adult relative over a non-related caregiver, provided that the\nrelative caregiver meets relevant child welfare standards.\n