N.Y. Social Services Law § 374-b: Authority to operate agency boarding home

§ 374-b. Authority to operate agency boarding home. 1. An authorized

agency which is not a court, public board, commission, or official, is

hereby empowered and permitted to operate agency boarding homes in

compliance with regulations of the department; and a social services

official who is authorized to place children in family homes and

institutions, pursuant to section three hundred ninety-eight, may be

authorized by the department to operate agency boarding homes, in

compliance with such regulations, if such official applies for such

authority and demonstrates to the department his need therefor and that

suitable care is not otherwise available for children and/or minors

under the care of such official through an authorized agency under the

control of persons of the same religious faith as such children. No

agency boarding home shall care for more than six children or minors

except that such a home may provide care for more than six brothers and

sisters of the same family. Such homes shall be subject to supervision,

visitation and inspection by the department and shall also be subject to

visitation and inspection by the board.

2. (a) If an authorized agency plans to establish one or more boarding

homes within a municipality, it shall notify the chief executive officer

of the municipality in writing of its intentions and include in such

notice a description of the nature, size and the community support

requirements of the program.

(b) For purposes of this subdivision, "municipality" means an

incorporated village, if a facility is to be located therein; a town, if

the facility is to be located therein, and not simultaneously within an

incorporated village; or a city, except that in the city of New York,

the community board with jurisdiction over the area in which such a

facility is to be located shall be considered the municipality.

3. An authorized agency that has received approval from the office of

children and family services may operate a supervised independent living

program, as defined in section three hundred seventy-one of this title.

The office of children and family services shall promulgate regulations

establishing the standards for approval and operation of supervised

independent living programs.