N.Y. Social Services Law 378 – Form, duration and limitation of certificates and licenses
§ 378. Form, duration and limitation of certificates and licenses. 1. Certificates or licenses to receive, board or keep any child and/or minor shall be in the form prescribed and provided by the department to the effect that such person is regarded by the issuing authorized agency or social services department, as the case may be, as maintaining a home suitable for the care of children and/or minors and specifying the name, address, and religious faith of the person to whom issued, the number of children and/or minors for whom such person is certified or licensed to care and such other information as the department may require.
Terms Used In N.Y. Social Services Law 378
- Authorized agency: means
(a) Any agency, association, corporation, institution, society or other organization which is incorporated or organized under the laws of this state with corporate power or empowered by law to care for, to place out or to board out children, which actually has its place of business or plant in this state and which is approved, visited, inspected and supervised by the office of children and family services or which shall submit and consent to the approval, visitation, inspection and supervision of such office as to any and all acts in relation to the welfare of children performed or to be performed under this title; provided, however, that on and after June first, two thousand seven, such term shall not include any for-profit corporation or other for-profit entity or organization for the purposes of the operation, management, supervision or ownership of agency boarding homes, group homes, homes including family boarding homes of family free homes, or institutions which are located within this state;
(b) Any court or any social services official of this state authorized by law to place out or to board out children or any Indian tribe that has entered into an agreement with the department pursuant to section thirty-nine of this chapter;
(c) Any agency, association, corporation, institution, society or other organization which is not incorporated or organized under the laws of this state, placing out a child for adoption whose admission to the United States as an eligible orphan with non-quota immigrant status pursuant to the federal immigration and nationality act is sought for the purpose of adoption in the State of New York or who has been brought into the United States with such status and for such purpose, provided, however, that such agency, association, corporation, institution, society or other organization is licensed or otherwise authorized by another state to place out children for adoption, that such agency, association, corporation, institution, society or other organization is approved by the department to place out such children with non-quota immigrant status for adoption in the State of New York, and provided further, that such agency, association, corporation, institution, society or other organization complies with the regulations of the department pertaining to such placements. See N.Y. Social Services Law 371 - Child: means a person actually or apparently under the age of eighteen years;
2. See N.Y. Social Services Law 371 - Home: includes a family boarding home or a family free home. See N.Y. Social Services Law 371
2. Such certificates and licenses shall be valid for not more than two years after date of issue but may be renewed or extended subject to regulations established by the office of children and family services.
3. No such license shall permit the reception for board of more than six children and if there are children not received for board living in the home of a person to whom such license is issued, whether children of such person or otherwise, the sum of the number of such children and of the number of children permitted to be received for board by such license shall not exceed six, excepting, however, that such license may permit the reception for board of additional children if such children (a) are siblings or half-siblings, or are siblings or half-siblings of a child living in the home, (b) are children freed for adoption as defined in subdivision (b) of section one thousand eighty-seven of the family court act, and have been placed for adoption with the person to whom such license is issued, or (c) are minor parents who are foster children and the minor parents' children.
4. No such certificate shall permit the reception for board of more than six children and/or minors and if there are children under thirteen years of age not received for board living in the home of the person to whom such certificate is issued, whether children of such person or otherwise, the total number of such children and of the number of children and/or minors permitted to be received for board by such certificate shall not exceed six, excepting, however, that such certificate may permit the reception for board of up to two additional children if such children (a) are siblings or half-siblings, or are siblings or half-siblings of a child living in the home, (b) are children freed for adoption as defined in subdivision (b) of section one thousand eighty-seven of the family court act, and have been placed for adoption with the person to whom such certificate is issued, or (c) are minor parents who are foster children and the minor parents' children.
5. The department shall establish and may alter or amend regulations governing the issuing and revocation of such licenses and certificates and prescribing standards, records, accommodations and equipment for the care of children and/or minors received under such licenses and certificates.