N.Y. Social Services Law § 17: Powers and duties of the commissioner

§ 17. Powers and duties of the commissioner. The commissioner shall

(a) determine the policies and principles upon which public

assistance, services and care shall be provided within the state both by

the state itself and by the local governmental units within the limits

hereinafter prescribed in this chapter;

(b) make known his policies and principles to local social services

officials and to public and private institutions and welfare agencies

subject to his regulatory and advisory powers;

(c) in consultation with the civil service commission, establish

minimum qualifications for positions in local social services

departments and classify such positions according to differing

capabilities, skills, responsibilities and education suitable to the

various phases of welfare administration, not inconsistent with the

standards and guidelines of a duly authorized federal agency, having due

regard for recruitment of personnel and the requirements and varying

types of communities within the state. Notwithstanding any inconsistent

provision of law, rule or regulation, when (i) a position is vacant and

not filled for a continuous period of three months, and (ii) provided

that no person meeting all the prescribed minimum qualifications is

available therefore, the local social services commissioner may, if in

accordance with federal standards, waive those qualifications which he

deems least essential for such position and make a provisional

appointment of a person otherwise qualified therefor;

(d) submit an annual report to the governor and the legislature prior

to the fifteenth day of December of each year. Such annual report shall

include the following: the affairs of the department and the status of

welfare programs in the state with recommendations for the improvement

and development of welfare programs; a report on the department's fair

hearing system, as required by section twenty-two of this article; a

written evaluation report on the delivery of child welfare services in

the state, as required by subdivision five of section four hundred seven

of this chapter; a report of the operations of the state central

register of child abuse and maltreatment and the various local child

protective services, as required by section four hundred twenty-six of

this chapter; a report on the number and status and the findings of

investigations of deaths of children pursuant to subdivision five of

section twenty of this chapter; a report on the progress of the

development and operation of the child care review system, as required

by subdivision nine of section four hundred forty-two of this chapter;

commencing before December fifteenth, nineteen hundred eighty-four and

terminating on December fifteenth, nineteen hundred eighty-nine, a

progress report on the planning and implementation of the teenage

services act as required by the provisions of section four hundred

nine-m of title four-B of this chapter; an analysis of the information

contained in the registry of community facilities, as required by

paragraph (b) of subdivision two of section four hundred sixty-three-a

of this chapter; and a report on the operation of the child support

enforcement program, as required by chapter six hundred eighty-five of

the laws of nineteen hundred seventy-five;

* (d-1) in consultation with the commissioner of the division of

criminal justice, submit a report to the governor, the speaker of the

assembly, the temporary president of the senate and the chairs of the

assembly and senate standing committee on social services, on the

services provided to human trafficking survivors for the purpose of

assessing the availability, utilization and necessity for such services.

The initial report shall be provided one year after the effective date

of this subdivision and annually thereafter and shall include, but not

be limited to, the following:

(i) the number of human trafficking referrals made to the office of

temporary and disability assistance including the number of confirmed

cases;

(ii) the number of human trafficking survivors that received housing

and/or services, with specific information about the type of housing or

service;

(iii) the number of human trafficking survivors that did not receive

housing and/or services, and an indication as to what type of housing

and/or service was requested and whether such housing and/or services

were denied due to a lack of availability or because the case was not

confirmed; and

(iv) information pertaining to the types of services provided by

providers such as: (1) the number of current contracts to provide

housing and services for human trafficking survivors and their annual

funding levels, broken down by contract; (2) the number of contracts

and/or services that have ended, been terminated or not renewed and the

reason why; (3) the types of housing and/or services that are provided,

as well as the availability of such services, including the geographic

location of such housing or service; and (4) any other information the

office of temporary and disability assistance deems appropriate.

* NB There are 2 sb (d-1)'s

* (d-1)(1) in consultation with each local health department and each

social services district in the county in which a publicly funded

shelter is located, the commissioner of the department of health, the

commissioner of the office of children and family services, the

commissioner of the New York city department of homeless services, and

the commissioner of the New York city department of health and mental

hygiene, conduct a review of information, to the extent such information

is known and available after making all diligent efforts, regarding the

homeless population in publicly funded shelters, during a state disaster

emergency, declared pursuant to executive order two hundred two of two

thousand twenty or any extension or subsequent executive order issued in

response to the novel coronavirus (COVID-19) pandemic, including but not

limited to, the following information:

(i) the number of confirmed infected individuals;

(ii) the number of hospitalizations;

(iii) the number of deaths;

(iv) information regarding the individual, if known: (a) age; (b)

race; (c) family composition; (d) shelter status; (e) type of shelter

including: family shelter, a shelter for adults, a hotel, an emergency

apartment, a domestic violence shelter, a runaway and homeless youth

shelter, or a safe house for refugees; (f) any known risk factors; and

(g) any other information the office deems appropriate;

(v) with regard to individuals residing in a residential program for

victims of domestic violence or for runaway and homeless youth,

information regarding the average number of individuals reported with a

confirmed infection, the number and percentage of programs struggling

with an outbreak, and the number and percentage of residents impacted in

those programs compared to the program's maximum capacity.

(2) in consultation with the commissioner of health, utilizing the

information reviewed pursuant to paragraph (1) of this subdivision and

to the extent that confidentiality requirements set forth in law and

regulation are maintained publish a report containing such information

aggregated by county. When confidentiality requirements set forth in law

and regulation prevent the publication of information aggregated by

county, the report shall contain such information aggregated for

multiple counties and organized by geographic region. Notwithstanding

any other provision of this paragraph, for residential programs for

victims of domestic violence and runaway and homeless youth, reported

information shall be aggregated on a statewide basis.

(3) post the report on the office of temporary and disability

assistance's website within sixty days of the effective date of this

paragraph and update the report at least every three months thereafter

during the state disaster emergency declared pursuant to executive order

two hundred two of two thousand twenty or any extension or subsequent

executive order issued in response to the novel coronavirus (COVID-19)

pandemic.

* NB There are 2 sb (d-1)'s

(e) work cooperatively with the commissioner of the office of mental

health and the commissioner of the office for people with developmental

disabilities to assist the commissioner of education in furnishing

integrated employment services to individuals with severe disabilities,

including the development of an integrated employment implementation

plan pursuant to article twenty-one of the education law;

(f) in conjunction with the commissioner of education, develop and

annually review a plan to ensure coordination and access to education

for homeless children, in accordance with the provisions of section

thirty-two hundred nine of the education law, and monitor compliance of

local social services districts with such plan;

(g) require participation of all employees of a child protective

service in a training course which has been developed by the office for

the prevention of domestic violence in conjunction with the office of

children and family services whose purpose is to develop an

understanding of the dynamics of domestic violence and its connection to

child abuse and neglect. Such course shall:

(i) pay special attention to the need to screen for domestic violence;

(ii) place emphasis on the psychological harm experienced by children

whose environment is impacted by familial violence and accordingly

explore avenues to keep such children with the non-abusive parent rather

than placing them in foster care further traumatizing both the victim

and the children;

(iii) provide instruction regarding the scope of legal remedies for

the abused parent;

(iv) identify obstacles that prevent individuals from leaving their

batterers and examine safety options and services available for the

victim;

(v) provide information pertaining to the unique barriers facing

certain immigrant women and the options available under the federal

Violence Against Women Act;

(vi) analyze procedures available to sanction and educate the abusing

partner; and

(vii) emphasize the need for the system to hold the abusing partner

responsible by appropriate referrals to law enforcement.

(h) make available on its website all award allocations for request

for proposals issued by the office of children and family services upon

release of such awards. Such information shall also include all

organizations requesting funding and the amounts requested for each

request for proposal. The office of children and family services may

also include any other information related to each program that it deems

appropriate;

(i) make available to the council on children and families information

regarding: (1) all recipients of grants awarded or administered by the

office of children and family services for the purposes of providing

afterschool programs; (2) registered school age child care providers

registered by the office of children and family services; and (3) home

visiting programs that meet the criteria as required by section four

hundred twenty-nine of this chapter regardless of whether they have a

contract with or receive funding from the state. Such information shall

be provided in accordance with the requirements set forth in subdivision

two of section four hundred eighty-three-h of this chapter. Such

information shall be made available no less than once a year; and

* (i) exercise such other powers and perform such other duties as may

be imposed by law.

* NB Effective March 31, 2028

* (j) have the authority appoint a temporary operator in accordance

with this subdivision:

(1) For the purposes of this subdivision:

(i) "Building" shall mean an entire building or a unit within that

provides emergency shelter to homeless persons.

(ii) "Commissioner" shall mean the commissioner of the office or his

or her designee.

(iii) "Data" shall mean written documentation or knowledge obtained in

the course of an inspection, audits, or other methods authorized by law.

(iv) "Emergency shelter" means any building with overnight sleeping

accommodations, the primary purpose of which is to provide temporary

shelter for the homeless in general or for specific populations of the

homeless, including residential programs for victims of domestic

violence and runaway and homeless youth programs certified by the office

of children and family services.

(v) "Established operator" shall mean a provider of emergency shelter.

(vi) "Serious financial, health or safety deficiency" shall include,

but not be limited to, missed mortgage payments, missed rent payments, a

pattern of untimely payment of debts, failure to pay its employees or

vendors, insufficient funds to meet the general operating expenses of

the program, or a violation of law, regulation, or code with respect to

a building that provides emergency shelter to homeless persons, in which

there are conditions that are dangerous, hazardous, imminently

detrimental to life or health, or otherwise render the building not fit

for human habitation.

(vii) "Temporary operator" shall mean any provider of emergency

shelter that:

(A) agrees to provide emergency shelter pursuant to this chapter on a

temporary basis in the best interests of its homeless individuals and

families served by the building;

(B) has a history of compliance with applicable laws, rules, and

regulations and a record of providing emergency shelter of good quality,

as determined by the commissioner; and

(C) prior to appointment as temporary operator, develops a plan

determined to be satisfactory by the commissioner to address the

building's deficiencies.

(2) (i) A temporary operator may only be appointed after the emergency

shelter has been provided notice of alleged violations and the ability

to cure such violations. The local social services district shall also

be notified of the alleged violations prior to the appointment of a

temporary operator. If the emergency shelter fails to cure such

violations in a timely manner, a temporary operator may be appointed

where: (A) data demonstrates that the building is exhibiting a serious

financial, health, or safety deficiency; (B) data demonstrates that the

established operator is unable or unwilling to ensure the proper

operation of the building; or (C) data indicates there exist conditions

that seriously endanger or jeopardize emergency shelter residents. If

the commissioner determines to appoint a temporary operator, the

commissioner shall notify the established operator and the local social

services district of his or her intention to appoint a temporary

operator to assume sole responsibility for the provider of the emergency

shelter's operations for a limited period of time. The appointment of a

temporary operator shall be effectuated pursuant to this section, and

shall be in addition to any other remedies provided by law.

(ii) The established operator may at any time request the commissioner

to appoint a temporary operator. Upon receiving such a request, the

commissioner may, if he or she determines that such an action is

necessary, enter into an agreement with the established operator for the

appointment of a temporary operator to restore or maintain the provision

of quality emergency shelter to the emergency shelter residents until

the established operator can resume operations within the designated

time period or other action is taken to suspend, revoke, or limit the

authority of the established operator.

(3) (i) A temporary operator appointed pursuant to this section shall

use his or her best efforts to implement the plan deemed satisfactory by

the commissioner to correct or eliminate any deficiencies in the

building and to promote the quality and accessibility of the emergency

shelter in the community served by the provider of emergency shelter.

(ii) During the term of appointment, the temporary operator shall have

the authority to direct the staff of the established operator as

necessary to appropriately provide emergency shelter for homeless

individuals and families. The temporary operator shall, during this

period, provide emergency shelter in such a manner as to promote safety

and the quality and accessibility of emergency shelter in the community

served by the established operator until either the established operator

can resume operations or until the office revokes the authority of the

emergency shelter to operate under this chapter.

(iii) The established operator shall grant access to the temporary

operator to the established operator's accounts and records in order to

address any serious financial, health or safety deficiency. The

temporary operator shall approve any decision related to an established

provider's day to day operations or the established provider's ability

to provide emergency shelter.

(iv) The temporary operator shall not be required to file any bond. No

security interest in any real or personal property comprising the

established operator or contained within the established operator or in

any fixture of the building, shall be impaired or diminished in priority

by the temporary operator. Neither the temporary operator nor the office

shall engage in any activity that constitutes a confiscation of

property.

(4) Costs associated with the temporary operator, including

compensation, shall follow the financing structure established in

accordance with section one hundred fifty-three of this chapter, as

modified by the current aid to localities provisions for the office of

temporary and disability assistance within the department of family

assistance. The temporary operator shall be liable only in its capacity

as temporary operator for injury to person and property by reason of its

operation of such building; no liability shall incur in the temporary

operator's personal capacity, except for gross negligence and

intentional acts.

(5) (i) The initial term of the appointment of the temporary operator

shall not exceed ninety days. After ninety days, if the commissioner

determines that termination of the temporary operator would cause

significant deterioration of the quality of, or access to, emergency

shelter in the community or that reappointment is necessary to correct

the deficiencies that required the appointment of the temporary

operator, the commissioner may authorize an additional ninety-day term.

However, such authorization shall include the commissioner's

requirements for conclusion of the temporary operatorship to be

satisfied within the additional term.

(ii) Within fourteen days prior to the termination of each term of the

appointment of the temporary operator, the temporary operator shall

submit to the commissioner, to the local social services district, and

to the established operator a report describing:

(A) the actions taken during the appointment to address the identified

building deficiencies, the resumption of building operations by the

established operator, or the revocation of authority to operate an

emergency shelter;

(B) objectives for the continuation of the temporary operatorship if

necessary and a schedule for satisfaction of such objectives; and

(C) if applicable, the recommended actions for the ongoing provision

of emergency shelter subsequent to the temporary operatorship.

(iii) The term of the initial appointment and of any subsequent

reappointment may be terminated prior to the expiration of the

designated term, if the established operator and the commissioner agree

on a plan of correction and the implementation of such plan.

(6) (i) The commissioner shall, upon making a determination of an

intention to appoint a temporary operator pursuant to subparagraph (i)

of paragraph two of this subdivision, cause the established operator and

the local social services district to be notified of the intention by

registered or certified mail addressed to the principal office of the

established operator and the local social services district. Such

notification shall include a detailed description of the findings

underlying the intention to appoint a temporary operator, and the date

and time of a required meeting with the commissioner within ten business

days of the receipt of such notice. At such meeting, the established

operator, and the commissioner shall have the opportunity to review and

discuss all relevant findings. At such meeting, the commissioner and the

established operator shall attempt to develop a mutually satisfactory

plan of correction and schedule for implementation. If a mutually

satisfactory plan of correction and schedule for implementation is

developed, the commissioner shall notify the established operator that

the commissioner will abstain from appointing a temporary operator

contingent upon the established operator remediating the identified

deficiencies within the agreed upon timeframe.

(ii) The commissioner shall, upon making a determination of an

intention to appoint a temporary operator pursuant to subparagraph (i)

of paragraph two of this subdivision, cause the temporary president of

the senate, and the speaker of the assembly to receive appropriate and

timely notification of the intention to appoint a temporary operator.

Such notification shall include a description of the findings underlying

the intention to appoint a temporary operator, the identification of the

new operator when practicable, and the date of expected transfer of

operations. Such notice shall be made as soon as practicable under the

circumstances.

(iii) The commissioner, at any time he or she deems necessary and to

the extent practicable, shall consult and may involve the local social

services district.

(iv) Should the commissioner and the established operator be unable to

establish a plan of correction pursuant to subparagraph (i) of this

paragraph, or should the established operator fail to respond to the

commissioner's initial notification, there shall be an administrative

hearing on the commissioner's determination to appoint a temporary

operator to begin no later than thirty days from the date of the notice

to the established operator. Any such hearing shall be strictly limited

to the issue of whether the determination of the commissioner to appoint

a temporary operator is supported by substantial evidence. A copy of the

decision shall be sent to the established operator and the local social

services district.

(v) If the decision to appoint a temporary operator is upheld such

temporary operator shall be appointed as soon as is practicable and

shall provide emergency shelter pursuant to the provisions of this

section.

(7) Notwithstanding the appointment of a temporary operator, the

established operator shall remain obligated for the continued provision

of emergency shelter. No provision contained in this section shall be

deemed to relieve the established operator or any other person of any

civil or criminal liability incurred, or any duty imposed by law, by

reason of acts or omissions of the established operator or any other

person prior to the appointment of any temporary operator of the

building hereunder; nor shall anything contained in this section be

construed to suspend during the term of the appointment of the temporary

operator of the building any obligation of the established operator or

any other person for the maintenance and repair of the building,

provision of utility services, payment of taxes or other operating and

maintenance expenses of the building, nor of the established operator or

any other person for the payment of mortgages or liens.

* NB Repealed March 31, 2028

* (k) exercise such other powers and perform such other duties as may

be imposed by law.

* NB Repealed March 31, 2028