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New York · Through 2026-09-11

N.Y. Social Services Law § 397: Powers and duties of social services officials in relation to children

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Where this section sits in the code
  1. Social Services Law
  2. Article 6. Children
  3. Title 2. Powers and Duties of Public Welfare Officials

§ 397. Powers and duties of social services officials in relation to

children. All social services officials responsible for the

administration of safety net assistance to families shall, in relation

to all children in such families other than delinquent children, persons

in need of supervision, mentally disabled children, physically

handicapped children and children born out of wedlock who shall be cared

for under the provisions of the following section, have powers and

perform duties as follows:

1. As to destitute children:

(a) Investigate the family circumstances of each child reported as

destitute in order to determine what care, supervision or treatment, if

any, such child requires.

(b) Administer and supervise relief to families with destitute

children when such families are unable to care for such children and

relief is necessary to prevent the separation of children from their

parents.

(c) Furnish children, whose parents or guardians are unable to do so,

with suitable clothing, shoes, books, food and other necessaries to

enable them to attend upon instruction as required by law.

2. As to neglected and abused children:

(a) Investigate complaints of neglect and abuse of children and offer

protective social services to prevent injury to the child, to safeguard

his welfare, and to preserve and stabilize family life wherever

possible.

(b) Bring such case when necessary before the family court for

adjudication.

(c) Institute proceedings in a court of competent jurisdiction against

a parent or adult for neglect or abuse of a child.

3. Provide any necessary medical or hospital care for such children

when responsible for the provision of such care under section

sixty-nine.

4. The provisions of this section shall not be deemed to confer on

social services officials responsible only for the authorization of

safety net assistance or of safety net assistance and hospital care, any

powers and duties in relation to destitute and neglected children except

as follows:

(a) As to destitute children:

(1) Authorize relief to families with destitute children when such

families are unable to care for such children and relief is necessary to

prevent the separation of children from their parents.

(2) Furnish children, whose parents or guardians are unable to do so,

with suitable clothing, shoes, books, food and other necessaries to

enable them to attend upon instruction as required by law.

(b) As to neglected and abused children:

Report to the county commissioner any complaint they may receive of

neglect and abuse of children.

(c) Provide any necessary medical care or hospital care for such

children when responsible for the provision of such care under section

sixty-nine.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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