N.Y. Social Services Law 431 – Licensure
§ 431. Licensure. 1. No place, person, association, corporation, institution or agency shall operate a day services program without first obtaining a permit issued therefor by the department, or otherwise than in accordance with the terms of such permit and with the regulations of the department.
Terms Used In N.Y. Social Services Law 431
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- day services: shall mean care and treatment for part of the day of one or more children under eighteen years of age and their families in a program which provides to such children and families in accordance with their needs various services such as psychiatric, psychological, social casework, educational, vocational, health, transportation and such other services as may be appropriate. See N.Y. Social Services Law 430
2. The department shall promulgate regulations specifying the procedures for obtaining a permit required pursuant to this section and enumerating the documentation needed for such a permit. The regulations shall also include program standards which the department shall develop with the advice of the board of social welfare, the department of mental hygiene and the department of education. An application for a permit pursuant to this section shall include full information regarding the applicant's efforts to secure funding for its day services program. The department shall advise and otherwise assist the applicant in obtaining funds where such funds may be available under the provisions of this and any other law.
3. The department shall not issue a permit for the operation of a day services program which includes the provision of care, treatment or services requiring licensure or any other form of approval from or by another state agency or official, unless such license or approval has been obtained. There shall be such cooperative and coordinated arrangements between and among the department and the state departments of mental hygiene and education and other appropriate state departments and agencies as shall be necessary to assure that applications for required licenses or other forms of approval will be processed expeditiously.
4. Before any permit issued pursuant to this section is suspended or revoked, or when an application for such permit is denied, the applicant or holder of the permit shall be entitled, pursuant to the regulations of the department, to a hearing before the department. However, a permit may be temporarily suspended or limited without a hearing for a period not in excess of thirty days upon written notice to the holder of the permit following a finding that the public health, or any individual's health, safety or welfare, is in imminent danger.