N.Y. Social Services Law § 382: Responsibility for children without state residence; license and board

§ 382. Responsibility for children without state residence; license

and board. 1. Any person, institution, corporation or agency which

shall bring, or cause to be brought, into the state of New York any

child not having a state residence, or which shall receive or accept any

child from outside of the state of New York, not having state residence,

shall be responsible for the care and maintenance of such child whether

placed out, boarded out or otherwise cared for unless adopted by foster

parents. Such responsibility shall continue during the minority of such

child and thereafter until he is self-supporting.

2. (a) It shall be unlawful for any person, agency, association,

corporation, society, institution or other organization, except an

authorized agency, to bring, send or cause to be brought or sent into

the state of New York any child for the purpose of placing or boarding

such child or procuring the placing of such child, by adoption,

guardianship, or otherwise, in a family, a home or institution, except

with an authorized agency, in this state, without first obtaining a

license from the department.

(b) This subdivision shall not apply to a sending agency, as defined

in article two of section three hundred seventy-four-a of this title,

which is located in a state which is a party to the interstate compact

on the placement of children, provided, however, that all persons who

reside in such a state, except officers or employees of the state or a

subdivision thereof who are acting in their official capacity, shall

comply with the provisions of this section.

(c) This section shall not apply to and shall not restrict or limit

the right of a parent, legal guardian, or relative within the second

degree of a child from bringing or sending the child or causing the

child to be brought or sent, into the state of New York for the purpose

of placing out or boarding out the child.

3. Application for a license shall be submitted on a form approved

and provided by the department and be accompanied by proof that the

applicant holds a license, or is approved by the department or similar

body in the state where the applicant resides, or where its chief office

is located, or where it has its place of business.

4. Before bringing, sending, or causing to be brought or sent into

this state any child, the person, agency, association, corporation,

society, institution or other organization, duly licensed as provided in

this section must furnish the department a blanket indemnity bond of a

reputable surety company in favor of the state in the penal sum of not

less than ten thousand dollars. Such bond must be approved as to form

and sufficiency by the department and conditioned as follows:

That such licensee (a) will report to the department immediately the

name of each such child, its age, the name of the state, and city, town,

borough or village, or the name of the country from which such child

came, the religious faith of the parents of the child, the full name and

last residence of its parent or parents, the name of the custodian from

whom it is taken, and the name and residence of the person or authorized

agency with whom it is placed or boarded, released or surrendered, or to

whom adoption or guardianship is granted, and the death of such child or

any reboarding, replacement or other disposition;

(b) will remove from the state within thirty days after written

notice is given any such child becoming a public charge during his

minority;

(c) will remove from the state immediately upon its release any such

child who within three years from the time of its arrival within the

state is committed to an institution or prison as a result of conviction

for juvenile delinquency or crime;

(d) will place or cause to be placed or board or cause to be boarded

such child under agreement which will secure to such child a proper

home, and will make the person so receiving such child responsible for

its proper care, education and training;

(e) will comply with section three hundred seventy-three;

(f) will supervise the care and training of such child and cause it

to be visited at least annually by a responsible agent of the licensee;

and

(g) will make to the department such reports as it from time to time

may require.

5. In the event of the failure of such licensee to comply with the

second and third conditions of the bond hereinbefore mentioned, and to

remove, after thirty days' notice so to do, a child becoming a public

charge, such portion of the bond shall be forfeited to the state or the

county or municipality thereof as shall equal the sum which shall have

been expended by the state or such county or municipality thereof for

the care or maintenance or in the prosecution of such child or for its

return to the licensee.