N.Y. Social Services Law § 385: Orders; prohibiting placing out or boarding out; removal

§ 385. Orders; prohibiting placing out or boarding out; removal. 1.

Prohibiting placing out or boarding out. Whenever the commissioner

shall decide that any disposition of a child under this title has been

made for purposes of gain, or without due inquiry as to the character

and reputation of the person with whom such child is placed, or in such

manner that such child is subjected to cruel or improper treatment or

neglect or immoral surroundings, or in such manner that the religious

faith of the child is not preserved and protected as provided by this

title, the commissioner may issue an order prohibiting such an

authorized agency, association, corporation, institution, society or

other organization from thereafter placing out or boarding out any

child. No such order shall be issued until after an opportunity to be

heard before the commissioner or his designee and after reasonable

notice has been given, with a copy of the charge. A full record of the

proceedings and decision on such hearing shall be kept by the

department. Any such order issued by the commissioner may be revoked by

the commissioner.

2. Whenever the commissioner shall find a minor

(a) placed out or boarded out in a home which is unsuitable or has no

license or certificate, or

(b) cared for under a certificate or license but neglected or without

suitable care or protection, he may order its removal within thirty days

by the agency which placed it and if such order cannot be served upon

such agency, it may be addressed to the public board, commission, or

officer of the county charged with the care of such child. If such

child is not removed within the specified time, the matter may be

brought before the children's court or other court having jurisdiction,

for adjudication and disposition.

3. Review of orders. Any person, agency, association, corporation,

institution, society or other organization, aggrieved by the decision of

the commissioner in making any order pursuant to the provisions of this

title, may institute, in the judicial district in which the applicant

resides or has its chief office, a proceeding under article

seventy-eight of the civil practice law and rules in which the

reasonableness of such decision shall be subject to review.