§ 483-B — Powers and duties of council

New York § 483-B

• Jurisdiction: New York
• Law SOS: Social Services
• Art. 10-C: State Council On Children and Families

Text

§ 483-b. Powers and duties of council. 1. Definitions. As used in this\nsection, the terms "care", "services", "programs", and "services\nprograms" shall mean and include care, maintenance, services and\nprograms provided to children of the state and their families by or\nunder the jurisdiction of a member agency.\n 2. General powers. The council shall have the following powers:\n (a) to identify problems and deficiencies in residential care and\ncommunity-based services programs and, on a selective basis, to plan and\nmake recommendations to the governor for the remedy of such problems and\ndeficiencies and for the development of programs of care and services\nfor children and their families;\n (b) to make recommendations to improve coordination of program and\nfiscal resources of state-local, public-voluntary care and services to\nchildren and their families;\n (c) to coordinate program and management research of member agencies\nfor the purpose of monitoring, evaluating or redirecting existing care\nand services programs or developing new programs, and to conduct,\nsponsor, or direct member agencies to undertake such research or other\nactivities;\n (d) to review and resolve differences, if any, concerning rules and\nregulations of each member agency insofar as such rules and regulations\nimpact on services programs provided by other member agencies;\n (e) to promulgate, amend and rescind rules and regulations relating to\nthe administration and performance of the powers and duties of the\ncouncil pursuant to this article;\n (f) to review significant state and locally operated and supported\ncare and services, plans and proposals for new services for children and\nfamilies to determine whether such services are planned, created and\ndelivered in a coordinated, effective and comprehensive manner;\n (g) to perform all other things necessary and convenient to carry out\nthe functions, powers and duties of the council and to effectuate the\npurposes of this article; and\n (h) to accept and expend any grants, awards, or other funds or\nappropriations as may be available to the council to effectuate the\npurposes of this article, subject to the approval of the director of the\nbudget.\n 3. Interagency resolution powers. (a) The council shall convene member\nagencies to meet on a regular basis to discuss and resolve disputes,\nincluding but not limited to disputes between member agencies, relating\nto their functions, powers and duties over the provision of services to\nparticular children and their families or to categories of children or\nchild and family problems when all the internal statutory and\nadministrative grievance or appeal procedures applicable to a member\nagency have failed to finally resolve such dispute.\n (b) The council shall direct member agencies to provide an evaluation,\nincluding a diagnostic study, of a particular child and his or her\nfamily when there is a dispute as to the appropriate agency or program\nin which the child should be placed or from which the child and his or\nher family should receive services, and, following such study, the\ncouncil shall order placement of a child with a member agency, or with a\nsocial services official, or order a member agency to provide or require\nthe provision of services to the child and his or her family in a manner\nconsistent with the legal authority of the member agency or social\nservices official, as applicable.\n (c) The council shall direct member agencies to take appropriate\ndirect action or to exercise their supervisory powers over local\nofficials and agencies, in the resolution of such disputes.\n (d) The duty of the council to resolve disputes involving particular\nchildren may be performed on a selective basis within the discretion of\nthe council. Exercise of jurisdiction over such disputes by the council\nor appeals to the council therefor shall not be required as a condition\nprecedent to the initiation of a proceeding pursuant to article\nseventy-eight of the civil practice law and rules.\n (e) A dispute relative to which member agency shall have the\nresponsibility for determining and recommending adult services pursuant\nto sections 7.37 and 13.37 of the mental hygiene law, section three\nhundred ninety-eight-c of the social services law, or subdivision ten of\nsection forty-four hundred three of the education law shall be resolved\nin accordance with this subdivision.\n 4. Submission of information to the council. (a) Notwithstanding any\nother provision of state law to the contrary, the council may request\nany member agency to submit to the council and such member agency shall\nsubmit, to the extent permitted by federal law, all information in the\nform and manner and at such times as the council may require that it is\nappropriate to the purposes and operation of the council.\n (b) The council shall protect the confidentiality of individual\nidentifying information submitted to or provided by the council, and\nprevent access thereto, by, or the distribution thereof to, persons not\nauthorized by law.\n