N.Y. Social Services Law § 374-c: Authority to operate group homes

§ 374-c. Authority to operate group homes. 1. An authorized agency

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

empowered and permitted to operate group homes in compliance with

regulations of the department. 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 group homes in compliance with such regulations,

provided that such official demonstrates to the satisfaction of the

department the need therefor and that suitable care is not otherwise

available for children under the care of such official through an

authorized agency under the control of persons of the same religious

faith as such children. 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 group

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.