N.Y. Executive Law § 747: Functions, powers and duties of the board

§ 747. Functions, powers and duties of the board. In order to

effectuate the purposes of the board as set forth in the state

constitution and as described in this article, the board shall have and

perform the following specific functions, powers and duties:

1. (a) To visit and inspect, or cause members of its staff to visit

and inspect, at such times as the board may consider to be necessary or

appropriate to help insure adequate supervision, public and private

facilities or agencies, whether state, county, municipal, incorporated

or not incorporated which are in receipt of public funds and which are

of a charitable, eleemosynary, correctional or reformatory character,

including all reformatories for juveniles and facilities or agencies

exercising custody of dependent, neglected, abused, maltreated,

abandoned or delinquent children or persons in need of supervision,

agencies engaged in the placing out or boarding out of children as

defined in section three hundred seventy-one of the social services law,

or in operating homes for unmarried mothers or special care homes, and

facilities providing residential care for convalescent, invalid, aged,

or indigent persons, but excepting state institutions for the education

and support of the blind, the deaf and the dumb, and excepting also such

institutions as are subject to the visitation and inspection of the

state department of mental hygiene or the state commission of

correction. As to institutions, whether incorporated or not

incorporated, having incarcerated individuals, but not in receipt of

public funds, which are of a charitable, eleemosynary, correctional or

reformatory character, and agencies, whether incorporated or not

incorporated, not in receipt of public funds, which exercise custody of

abandoned, destitute, dependent, neglected, abused, maltreated or

delinquent children or persons in need of supervision, the board shall

make inspections, or cause inspections to be made by members of its

staff, but solely as to matters directly affecting the health, safety,

treatment and training of their incarcerated individuals, or of the

children under their custody. Visiting and inspecting as herein

authorized shall not be exclusive of other visiting and inspecting now

or hereafter authorized by law.

(b) To have full access to the grounds, buildings, records, documents,

books and papers relating to any facility or agency subject to being

visited and inspected by the board, including all case records of

incarcerated individuals and children under their custody and all

financial records.

(c) Upon visiting or inspecting any facility or agency under this

article, inquiry may be made to ascertain the quality of supervision

exercised by state and local agencies responsible for supervising such

facilities and agencies, and the quality of program and operating

standards established by such state and local agencies, and to ascertain

the adequacy of such state and local agency supervision to determine the

following:

(i) whether the objects of the facility or agency are being

accomplished;

(ii) whether the applicable laws, rules and regulations governing its

operation are fully complied with;

(iii) its methods of and equipment for vocational and scholastic

education, and whether the same are best suited to the needs of its

incarcerated individuals or children under their custody;

(iv) its methods of administration; and of providing care, medical

attention, treatment and discipline of its residents and beneficiaries,

and whether the same are best adapted to the needs of the residents and

beneficiaries;

(v) the qualifications and general conduct of its officers and

employees;

(vi) the condition of its grounds, buildings and other property;

(vii) the sources of public moneys received by any institution in

receipt of public funds and the management and condition of its finances

generally; and

(viii) any other matter connected with or pertaining to its usefulness

and good management or to the interest of its residents or

beneficiaries.

(d) To make a report of such visit and inspection and, notwithstanding

any inconsistent provision of law, to transmit copies of such report to

the governor, the legislature, all state and local governmental agencies

having supervisory jurisdiction, and to such other governmental agencies

as the board may consider appropriate, and to make such report available

for public inspection in accordance with the requirements of the freedom

of information law, and any other law which may be applicable, provided,

however, that such disclosure shall be consistent with all applicable

laws and regulations governing the safeguarding of confidential records

and information.

2. To conduct studies, analyses and research on specific programs and

policies of the state in all matters pertaining to adult and child care

programs, including care and services provided in a residential setting,

services and programs designed to maintain the family structure intact

and to prevent or terminate the need for such care away from their

homes, and any other matter within the scope of its functions, powers

and duties under this article; and to advise, aid and assist the

governor regarding all policies and programs for child and adult care.

Such studies, analyses and research shall be coordinated with similar

activities of all other state agencies having responsibilities or

authority to conduct studies, analyses and research pertaining to adult

and child care programs.

3. To conduct studies, analyses and research to all matters pertaining

to human services generally. Such studies, analysis and research shall

be coordinated with similar activities of all other state agencies

having responsibilities or authority to conduct studies, analysis and

research pertaining to adult and child care programs.

4. To advocate the initiation, development, improvement and

sponsorship by state and local agencies, both public and private, of

such programs and policies as it may consider desirable in providing

care and services for children and adults away from their own homes, or

which are designed to prevent the need for care away from their own

homes. The board may recommend legislation. The board is authorized to

make application and to appear before any court as a friend of the court

in any action or proceeding pending before such court, which is

concerned with issues relevent to the board and within the scope of its

functions, powers and duties under this article.

5. To direct an investigation, and to hold hearings relevant to such

investigation, by a committee of one or more of its members or by duly

authorized employees of the board, of the adequacy of the supervision by

any state or local agency having jurisdiction over the affairs and

management of any facility or agency subject to visit and inspection by

the board, or over the conduct of its officers and employees. Persons

designated to make such investigations are empowered to issue compulsory

process for the attendance of witnesses and production of any records,

documents, books or papers relating to any matter under investigation,

to administer oaths and to take the testimony of any person under oath.

Upon the conclusion of such investigation, the board shall make a

report, with findings of fact and conclusions of law and,

notwithstanding any other provision of law to the contrary, shall

transmit copies of such report to the governor, the legislature, all

governmental agencies, both state and local, having supervisory

jurisdiction, and to such other governmental agencies as the board may

consider to be appropriate, and to make such report available for public

inspection in accordance with the requirements of the freedom of

information law and any other applicable law, provided, however, that

such disclosure shall be consistent with all applicable laws and

regulations governing the safeguarding of confidential records and

information.

6. To review and comment on proposed legislation, rules and

regulations pertaining to child and adult care. Each division within the

executive department and all other departments of the state shall make

available to the board any recommendations for legislative changes at

the time such recommendations are made; any proposed rules and

regulations, at least thirty days prior to the date they are adopted,

except for the promulgation of such rules and regulations on an

emergency basis.

7. To conduct public hearings with respect to any matter within the

scope of its functions, powers and duties.

8. To enter into contracts with other state and federal agencies, and

with individuals and organizations to undertake and conduct research,

studies and analysis of programs in the exercise of its authority to

conduct such research, studies and analysis.

9. To request from any department, division, board, bureau, commission

or other agency of the state or of any political subdivision thereof,

and the same are authorized to provide such facilities and assistance,

and shall provide such data as will enable the board properly to

exercise its powers and perform its duties.

10. To accept as agency of the state any gift, grant, including

federal grant, devise or bequest, for any of the purposes of this

article. Any moneys so received may be expended by the board to

effectuate any purpose of this article, subject to the same limitations

as to approval of expenditures and audit as are prescribed for state

moneys appropriated for the purposes of this article.

11. To make an annual report to the governor and the legislature with

respect to the affairs of the board, and of its recommendations.

12. To make, amend and rescind rules:

(a) governing the procedure for visits and inspections by the board,

including the furnishing of information to the board as it may require

on such forms as the board may provide by any facility or agency visited

and inspected or to be visited and inspected;

(b) governing access to records and meetings of the board, in

accordance with the requirements for such rules under the freedom of

information law and the open meetings law;

(c) otherwise necessary to carry out its functions, powers and duties

under this article;

(d) provided, however, that any such rules are adopted by a two-thirds

vote of the members of the board and are otherwise adopted and

promulgated in accordance with the procedures of the state

administrative procedure act and with the applicable provisions of this

chapter.

13. To do all things necessary or convenient to carry out the

functions, powers and duties expressly set forth in this article.

14. The rights and powers of the board to visit, inspect and

investigate may be enforced by an order of the supreme court after

notice and hearing, or by indictment by the grand jury of the county, or

both.

15. Any person who intentionally refuses to comply with a lawful

request of the board for access to such persons, premises or information

as may be required for the board properly to perform its functions,

powers and duties under this act shall be guilty of a misdemeanor.