N.Y. Social Services Law § 398: Additional powers and duties of commissioners of public welfare and certain city public welfare officers in relation to children

§ 398. Additional powers and duties of commissioners of public welfare

and certain city public welfare officers in relation to children.

Commissioners of public welfare and city public welfare officers

responsible under the provisions of a special or local law for the

children hereinafter specified shall have powers and perform duties as

follows:

1. As to destitute children:

(a) offer preventive services in accordance with section four hundred

nine-a of this article when necessary to avert an impairment or

disruption of a family which could result in the placement of the child

in foster care;

(b) report to the local criminal justice agency and to the statewide

central register for missing children as described in section eight

hundred thirty-seven-e of the executive law such relevant information as

required on a form prescribed by the commissioner of the division of

criminal justice services, in appropriate instances; and

(c) assume charge of and provide care and support for any child who is

a destitute child pursuant to paragraph (a) of subdivision three of

section three hundred seventy-one of this article who cannot be properly

cared for in his or her home, and if required, petition the family court

to obtain custody of the child in accordance with article ten-C of the

family court act.

2. As to neglected, abused or abandoned children:

(a) Investigate the alleged neglect, abuse or abandonment of a child,

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

safeguard his welfare, and to preserve and stabilize family life

wherever possible and, if necessary, bring the case before the family

court for adjudication and care for the child until the court acts in

the matter and, in the case of an abandoned child, shall promptly

petition the family court to obtain custody of such child.

(b) Receive and care for any child alleged to be neglected, abused or

abandoned who is temporarily placed in his care by the family court

pending adjudication by such court of the alleged neglect, abuse or

abandonment including the authority to establish, operate, maintain and

approve facilities for such purpose in accordance with the regulations

of the department; and receive and care for any neglected, abused or

abandoned child placed or discharged to his care by the family court.

(c) Any facility designated as of the effective date of this act shall

not be disapproved except after consultation with the designating

appellate division.

(d) The local social services department shall list all facilities

approved under this article for the temporary custody and care of

children remanded by the family court and shall file a copy of that list

periodically with the clerk of the family court in each county in the

judicial district in which the facility is located.

(e) Report to the local registrar of vital statistics of the district

in which the child was found the sex, color, approximate date of birth,

place of finding, and the name assigned to any child who may be found

whose parents are unknown, within ten days whenever possible after the

child is found, on a form prescribed therefor by the state commissioner

of health, and report the subsequent identification of any such child to

the state commissioner of health; provided, however, that in the city of

New York such form shall be prescribed by, and such report shall be made

to, the department of health.

(f) Report to the local criminal justice agency and to the statewide

central register for missing children as described in section eight

hundred thirty-seven-e of the executive law such information as required

on a form prescribed by the commissioner of the division of criminal

justice services within forty-eight hours after an abandoned child is

found.

3. As to delinquent children and persons in need of supervision:

(a) Investigate complaints as to alleged delinquency of a child.

(b) Bring such case of alleged delinquency when necessary before the

family court.

(c) Receive within fifteen days from the order of placement as a

public charge any delinquent child committed or placed or person in need

of supervision placed in his or her care by the family court provided,

however, that the commissioner of the social services district with whom

the child is placed may apply to the state commissioner or his or her

designee for approval of an additional fifteen days, upon written

documentation to the office of children and family services that the

youth is in need of specialized treatment or placement and the diligent

efforts by the commissioner of social services to locate an appropriate

placement.

* 3-a. As to delinquent children:

(a)(1) Conditionally release any juvenile delinquent placed with the

district to aftercare whenever the district determines conditional

release to be consistent with the needs and best interests of such

juvenile delinquent, that suitable care and supervision can be provided,

and that there is a reasonable probability that such juvenile delinquent

can be conditionally released without endangering public safety;

provided, however, that such conditional release shall be made in

accordance with the regulations of the office of children and family

services, and provided further that no juvenile delinquent while absent

from a facility or program without the consent of the director of such

facility or program shall be conditionally released by the district

solely by reason of the absence.

(2) It shall be a condition of such release that a juvenile delinquent

so released shall continue to be the responsibility of the social

services district for the period provided in the order of placement.

(3) The social services district may provide clothing, services and

other necessities for any conditionally released juvenile delinquent, as

may be required, including medical care and services not provided to

such juvenile delinquent as medical assistance for needy persons

pursuant to title eleven of article five of this chapter.

(4) The social services district, pursuant to the regulations of the

office of children and family services, may cause a juvenile delinquent

to be returned to a facility operated and maintained by the district, or

an authorized agency under contract with the district, at any time

within the period of placement, where there is a violation of the

conditions of release or a change of circumstances.

(5) Juvenile delinquents conditionally released by a social services

district may be provided for as follows:

(i) If, in the opinion of the social services district, there is no

suitable parent, relative or guardian to whom a juvenile delinquent can

be conditionally released, and suitable care cannot otherwise be

secured, the district may conditionally release such juvenile delinquent

to the care of any other suitable person; provided that where such

suitable person has no legal relationship with the juvenile, the

district shall advise such person of the procedures for obtaining

custody or guardianship of the juvenile.

(ii) If a conditionally released juvenile delinquent is subject to

article sixty-five of the education law or elects to participate in an

educational program leading to a high school diploma, he or she shall be

enrolled in a school or educational program leading to a high school

diploma following release, or, if such release occurs during the summer

recess, upon the commencement of the next school term. If a

conditionally released juvenile delinquent is not subject to article

sixty-five of the education law, and does not elect to participate in an

educational program leading to a high school diploma, steps shall be

taken, to the extent possible, to facilitate his or her gainful

employment or enrollment in a vocational program following release.

(b) When a juvenile delinquent placed with the social services

district is absent from placement without consent, such absence shall

interrupt the calculation of time for his or her placement. Such

interruption shall continue until such juvenile delinquent returns to

the facility or authorized agency in which he or she was placed.

Provided, however, that any time spent by a juvenile delinquent in

custody from the date of absence to the date placement resumes shall be

credited against the time of such placement provided that such custody:

(1) was due to an arrest or surrender based upon the absence; or

(2) arose from an arrest or surrender on another charge which did not

culminate in a conviction, adjudication or adjustment.

(c) In addition to the other requirements of this section, no juvenile

delinquent placed with a social services district operating an approved

juvenile justice services close to home initiative pursuant to section

four hundred four of this chapter pursuant to a restrictive placement

under the family court act shall be released except pursuant to section

353.5 of the family court act.

* NB Repealed March 31, 2028

4. As to mentally disabled and physically handicapped children:

(a) Obtain admission to state and other suitable schools, hospitals,

other institutions, or care in their own homes or in family free or

boarding homes or in agency boarding homes or group homes for such

children in accordance with the provisions of the mental hygiene law,

education law and acts relating to the family court.

(b) Maintain supervision over such disabled or physically handicapped

children as are not in institutions, hospitals or schools or under the

jurisdiction of the family court.

5. As to children born out of wedlock:

(a) Provide care in a family free or boarding home, in an agency

boarding home or group home or in an institution for any child born out

of wedlock and for his mother as for any other person in need of public

assistance and care during pregnancy and during and after delivery, when

in the judgment of such social services official needed care cannot be

provided in the mother's own home. However, nothing in this section or

elsewhere in this chapter contained shall be construed to make any such

child or his mother ineligible for such care away from home, regardless

of ability or liability to pay therefor; provided, however, that except

as hereinafter provided, it shall rest in the discretion of the social

services official, in view of all the facts and circumstances present in

each case, to determine whether or not to require such mother, or any

other person or persons liable by law to contribute to the support

thereof, to pay all or any part of such cost, pursuant to the provisions

of this section or any other section of this chapter. Any inconsistent

provision of law notwithstanding, the acceptance by a private authorized

adoption agency of an absolute surrender of a child born out of wedlock

from the mother of such child shall relieve her from any and all

liability for the support of such child. When in the judgment of a

social services official needed care cannot be provided in the home of a

minor pregnant with an out of wedlock child, and he has made a

determination pursuant to subdivision one of section one hundred

thirty-two of this chapter not to make an investigation of the

circumstances of such minor and not to require support from persons

liable therefor, the authorization of such social services official of

necessary medical care for such minor shall have the same force and

effect as a consent executed by a parent or guardian of such minor.

(b) Institute proceedings to establish paternity and secure the

support and education of any child born out of wedlock or make a

compromise with the father of such child, in accordance with the

provisions of law, relating to children born out of wedlock.

(c) Hold and disburse the money received from such a compromise or pay

it to the mother if she gives security for the support of the child.

(d) When practicable, require the mother to contribute to the support

of the child.

6. As to all foregoing classes of children:

(a) Investigate the family circumstances of each child reported to him

as destitute, neglected, abused, delinquent, disabled or physically

handicapped in order to determine what assistance and care, supervision

or treatment, if any, such child requires.

(b) Provide for expert mental and physical examination of any child

whom he has reason to suspect of mental or physical disability or

disease and pay for such examination from public funds, if necessary.

(c) Provide necessary medical or surgical care in a suitable hospital,

sanatorium, preventorium or other institution or in his own home for any

child needing such care and pay for such care from public funds, if

necessary. However, in the case of a child or minor who is eligible to

receive care as medical assistance for needy persons pursuant to title

eleven of article five of this chapter, such care shall be provided

pursuant to the provisions of that title.

(d) Ascertain the financial ability of the parents of children who

become public charges and collect toward the expense of such child's

care such sum as the parents are able to pay.

(e) Collect from parents whose children have been discharged to his

care by the family court such sums as they are ordered to pay for the

maintenance of such children and report any failure to comply with such

order to such court.

(f) When in his judgment it is advisable for the welfare of the child,

accept the surrender of a child by an instrument in writing in

accordance with the provisions of this chapter. Any inconsistent

provision of law notwithstanding, the acceptance by the social services

official of a surrender of a child born out of wedlock from the mother

or father of such child shall relieve the parent executing such

surrender from any and all liability for the support of such child.

(g) (1) Place children in its care and custody or its custody and

guardianship, in suitable instances, in supervised settings, family

homes, agency boarding homes, group homes or institutions under the

proper safeguards. Such placements can be made either directly, or

through an authorized agency, except that, direct placements in agency

boarding homes or group homes may be made by the social services

district only if the office of children and family services has

authorized the district to operate such homes in accordance with the

provisions of section three hundred seventy-four-b of this article and

only if suitable care is not otherwise available through an authorized

agency under the control of persons of the same religious faith as the

child. Where such district places a child in a supervised setting,

agency boarding home, group home or institution, either directly, or

through an authorized agency, the district shall certify in writing to

the office of children and family services, that such placement was made

because it offers the most appropriate and least restrictive level of

care for the child, and, is more appropriate than a family foster home

placement, or, that such placement is necessary because there are no

qualified foster families available within the district who can care for

the child. If placements in agency boarding homes, group homes or

institutions are the result of a lack of foster parents within a

particular district, the office of children and family services shall

assist such district to recruit and train foster parents. Placements

shall be made only in institutions visited, inspected and supervised in

accordance with title three of article seven of this chapter and

conducted in conformity with the applicable regulations of the

supervising state agency in accordance with title three of article seven

of this chapter. With the approval of the office of children and family

services, a social services district may place a child in its care and

custody or its custody and guardianship in a federally funded job corps

program and may receive reimbursement for the approved costs of

appropriate program administration and supervision pursuant to a plan

developed by the department and approved by the director of the budget.

(2) A social services district may place a child in its care and

custody or its custody and guardianship in a home or facility operated

or licensed by any office of the department of mental hygiene, subject

to the relevant provisions of the mental hygiene law and the admission

criteria of the facility. The director of the budget may authorize such

transfers of appropriations under the provisions of section fifty of the

state finance law as may be necessary to secure federal reimbursement

for such placements.

(3) (i) Effective sixty days after the enactment of this subparagraph,

there is hereby established within a social services district with a

population in excess of two million a two-year demonstration project

which affords authorized agencies with which foster children are placed

enhanced administrative flexibility. Pursuant to such demonstration

project, an authorized agency with which the social services district

has placed a child shall have the authority to:

(A) give all necessary consents to the discharge of the child from

foster care when such authorized agency has submitted a written request

for approval of such discharge to the social services official and the

social services official has not disapproved such discharge within

thirty days of receiving such request;

(B) change a goal for the child when such authorized agency has

submitted a written request for approval of such change of goal to the

social services official and the social services official has not

disapproved such goal within thirty days of receiving such request;

(C) commence a proceeding to free the child for adoption when such

authorized agency has submitted a written request for approval of the

commencement of such proceeding to the social services official, if the

social services official has not disapproved such commencement within

thirty days of receiving such request, in which case such a request

shall be deemed approved; and

(D) consent to the adoption of a child whose custody and guardianship,

or of a child where such child's parents are both deceased, or where one

parent is deceased and the other parent is not entitled to notice

pursuant to sections one hundred eleven and one hundred eleven-a of the

domestic relations law, and whose care and custody, has been transferred

to a social services district and who has been placed by the social

services official with the authorized agency when the authorized agency

has submitted a written request for approval to consent to the adoption,

if the social services district has not disapproved the request to

consent to adoption within sixty days after its submission, in which

case such request shall be deemed approved and the authorized agency may

give all necessary consent to the adoption of the child.

(ii) Nothing herein shall result in the transfer of care and custody

or custody and guardianship of a child from the social services official

to the authorized agency.

(iii) Within three months of the conclusion of the demonstration

project, such social services district shall issue a report to the

department regarding the effectiveness of the demonstration project.

Such report shall include recommendations for possible statutory and

regulatory amendments in relation to the administration of foster care.

(4) A social services district may place a child in its care and

custody or its custody and guardianship in a family home certified by

the division for youth, which shall not include a group home. Such

placements shall be subject to the relevant provisions of this chapter,

the executive law and the admission criteria of the home.

(h) Supervise children who have been cared for away from their

families until such children become twenty-one years of age or until

they are discharged to their own parents, relatives within the third

degree or guardians, or adopted, provided, however, that in the case of

a child who is developmentally disabled as such term is defined in

section 1.03 of the mental hygiene law, emotionally disturbed or

physically handicapped, and who is receiving care in a group home,

agency boarding home or any child care facility operated by an

authorized agency with a capacity of thirteen or more children, and who

is in receipt of educational services and under the care and custody of

a local department of social services, the commissioner of the office of

children and family services shall allow such child who reaches the age

of twenty-one during the period commencing on the first day of September

and ending on the thirtieth day of June to be entitled to continue in

such program until the thirtieth day of June or until the termination of

the school year, whichever shall first occur.

(j) Permit children and minors who are being cared for away from their

own homes as public charges to retain the maximum amount of their

monthly earned income for future identifiable needs in accordance with

the regulations of the department and consistent with the federal law

applicable to the treatment of income and resources under the aid to

families with dependent children program.

(k) In accordance with regulations of the department, provide suitable

vocational training through any institution licensed or approved by the

state education department, for any minor in his care who demonstrates

to his satisfaction the possession of talent, aptitude and ability

necessary to benefit therefrom, provided such minor could not otherwise

obtain such training. Expenditures may be made for tuition, books,

supplies, and all other necessary items to enable such minor to obtain

such training.

(l) In accordance with regulations of the department, provide

maintenance in a summer camp for children and minors who are being cared

for away from their own homes as public charges, when in his judgment it

is advisable for the welfare of such children and minors.

(n) When it is in the best interest of the child, place a child who is

being returned to foster care, following an interruption in care, or a

child who is being returned to a family boarding home following

placement in a foster care facility with the foster care parents with

whom that child was last placed, notwithstanding the provisions of

subdivisions three and four of section three hundred seventy-eight of

this chapter. When it is in the best interests of the minor parent and

the minor parent's child or children, place the minor parent who is

being returned to foster care following an interruption in care, and the

minor parent's child or children or the minor parent who is being

returned to a family boarding home following placement in a foster care

facility and the minor parent's child or children with the foster care

parents with whom the minor parent was last placed, notwithstanding the

provisions of subdivisions three and four of section three hundred

seventy-eight of this chapter.

(o) Compliance with a court order enforcing visitation rights of a

non-custodial parent or grandparent pursuant to part eight of article

ten of the family court act, subdivision ten of section three hundred

fifty-eight-a or paragraph (d) of subdivision two of section three

hundred eighty-four-a of this chapter, and responsibility for the return

of such child after visitation so ordered.

* (p) Provide respite care for children who have special needs as

described in subdivision fifteen of this section including, but not

limited to, those children who are diagnosed as having AIDS or HIV

related disease. For the purposes of this paragraph, respite care shall

mean the provision of temporary care and supervision of children on

behalf of a foster parent of a child with such special needs. Such care

may be provided by a foster family boarding home, an agency operated

boarding home, a group home, an institution or by an authorized staff

member of such programs or other provider approved by the local district

based on the individual circumstances of the caregiver and the needs of

the child, for up to three consecutive weeks but no more than seven

weeks in a calendar year. The department shall, by regulation, establish

standards for respite care and training for the providers of such care.

* NB There are 2 par (p)'s

* (p) Consistent with the provisions of this chapter, provide

necessary care, services and supervision including medical care, to a

child placed in foster care pursuant to subparagraph (ii) of paragraph

(a) of subdivision two of section ten hundred seventeen of the family

court act, and reimbursement therefor to relatives of such child as

approved foster parents with whom such child is residing.

* NB There are 2 par. (p)'s

7. Notwithstanding any inconsistent provisions of law, no city forming

part of a county public welfare district may hereafter assume any of the

powers, duties and responsibilties mentioned in this section. However,

this subdivision shall not be deemed or construed to prohibit a public

welfare officer of a city forming part of a county public welfare

district from exercising and performing on behalf of the county

commissioner of public welfare, pursuant to the provisions of title

three-a of article three, any of the powers and duties mentioned in this

section. A city forming part of a county public welfare district which

heretofore assumed or upon which was heretofore imposed the

responsibility for providing any or all of the assistance, care and

service mentioned in this section, shall hereafter continue to have such

responsibility, provided, however, that the continuance of such

responsibility shall be consistent with the powers, duties and

responsibilities of such city under and pursuant to the provisions of

title three-a of article three.

8. A public welfare official who is authorized to place children or

minors in homes or institutions pursuant to provisions of this section

shall have the power to place children or minors in a public institution

for children.

9. A social services official shall have the same authority as a peace

officer to remove a child from his home without an order of the family

court and without the consent of the parent or person responsible for

such child's care if the child is in such condition that his continuing

in the home presents an imminent danger to the child's life or health.

When a child is removed from his home pursuant to the provisions of this

subdivision, the social services official shall promptly inform the

parent or person responsible for such child's care and the family court

of his action.

10. Any provision of this chapter or any other law notwithstanding,

where a foster child for whom a social services official has been making

foster care payments is in attendance at a college or university away

from his or her foster family boarding home, group home, agency boarding

home or institution, and residing in a supervised setting or other

approved location, a social services official may make foster payments,

at a rate to be developed by the office of children and family services,

to such college or university, provider of room and board, or youth, as

appropriate, in lieu of payment to the foster parents or authorized

agency, for the purpose of room and board, if not otherwise provided.

Such rate shall be no lower than the rate paid for a child's care in a

foster family boarding home.

11. In the case of a child who is adjudicated a person in need of

supervision or a juvenile delinquent and is placed by the family court

with the division for youth and who is placed by the division for youth

with an authorized agency pursuant to court order, the social services

official shall make expenditures in accordance with the regulations of

the department for the care and maintenance of such child during the

term of such placement subject to state reimbursement pursuant to this

title, or article nineteen-G of the executive law in applicable cases.

12. A social services official shall be permitted to place persons

adjudicated in need of supervision or delinquent, and alleged persons to

be in need of supervision in detention pending transfer to a placement,

in the same foster care facilities as are providing care to destitute,

neglected, abused or abandoned children. Such foster care facilities

shall not provide care to a youth in the care of a social services

official as a convicted juvenile offender.

13. (a) In the case of a child with a handicapping condition who is

placed, pursuant to this chapter, in a foster care agency or institution

located outside the state, and who attains the age of eighteen, the

social services official shall:

(i) determine whether such child will need services after the age of

twenty-one, and, if such need exists;

(ii) assess the nature of the services required;

(iii) notify the parent or guardian of such child's need for services;

and

(iv) upon the written consent of the parent or guardian, and

notwithstanding section three hundred seventy-two of this article,

submit a report on the child's need for services after age twenty-one to

the department for planning purposes.

(b) Upon the written consent of the parent or guardian, the department

shall submit the report received pursuant to paragraph (a) of this

subdivision to the council on children and families.

(c) When a child's report is submitted to the council on children and

families pursuant to this subdivision, the council shall cooperate with

adult service providers, such as the department of social services, the

office for people with and developmental disabilities, the office of

mental health and the office of vocational rehabilitation of the

education department in planning and coordinating such child's return to

New York state for adult services. The council shall arrange with the

appropriate state agency for the development of a recommendation of all

appropriate in-state programs operated, licensed, certified or

authorized by such agency and which may be available when such child

attains the age of twenty-one. Such recommendation of all programs shall

be made available to the parent or guardian of such child at least six

months before such child attains the age of twenty-one. All records,

reports and information received, compiled or maintained by the council

pursuant to this subdivision shall be subject to the confidentiality

requirements of the department.

14. (a) In the case of a child who is developmentally disabled as such

term is defined in section 1.03 of the mental hygiene law, emotionally

disturbed or physically handicapped and who is receiving care in a group

home, agency boarding home, or any child care facility operated by an

authorized agency with a capacity of thirteen or more children, who

attains the age of eighteen and who will continue in such care after the

age of eighteen, or who is placed in such care after the age of

eighteen, the social services official shall notify the parent or

guardian of such child that such care will terminate when such child

attains the age of twenty-one provided, however, that any such child in

receipt of educational services and under the care and custody of a

local department of social services who reaches the age of twenty-one

during the period commencing on the first day of September and ending on

the thirtieth day of June shall be entitled to continue in such program

until the thirtieth day of June or until the termination of the school

year, whichever shall first occur. Such notice shall be in writing and

shall describe in detail the parent's or guardian's opportunity to

consent to having such child's name and other information forwarded in a

report to the commissioner of mental health, commissioner of the office

for people with developmental disabilities, commissioner of education or

commissioner of the office of children and family services or their

designees for the purpose of determining whether such child will likely

need services after the age of twenty-one and, if so, recommending

possible adult services.

(b) Upon the written consent of the parent or guardian, and

notwithstanding section three hundred seventy-two of this article, the

social services official shall submit a report on such child's possible

need for services after age twenty-one to the commissioner of mental

health, commissioner of the office for people with developmental

disabilities, commissioner of social services or commissioner of

education or their designees for the development of a recommendation

pursuant to section 7.37 or 13.37 of the mental hygiene law, section

three hundred ninety-eight-c of this title or subdivision ten of section

four thousand four hundred three of the education law. The social

services official shall determine which commissioner shall receive the

report by considering the child's handicapping condition. If the social

services official determines that the child will need adult services

from the department and such social services official is the

commissioner's designee pursuant to this subdivision and section three

hundred ninety-eight-c of this title, such social services official

shall perform the services described in section three hundred

ninety-eight-c of this title.

(c) A copy of such report shall also be submitted to the department at

the same time that such report is submitted to the commissioner of

mental health, commissioner of the office for people with developmental

disabilities or commissioner of education or their designees.

(d) When the social services official is notified by the commissioner

who received the report that such state agency is not responsible for

determining and recommending adult services for the child, the social

services official shall forward the report to another commissioner; or,

if the social services official determines that there exists a dispute

between state agencies as to which state agency has the responsibility

for determining and recommending adult services, the social services

official may forward the report to the council on children and families

for a resolution of such dispute.

(e) The social services official shall prepare and submit an annual

report to the department on October first, nineteen hundred eighty-four

and thereafter on or before October first of each year. Such annual

report shall contain the number of cases submitted to each commissioner

pursuant to paragraph (b) of this subdivision, the type and severity of

the handicapping condition of each such case, the number of notices

received which deny responsibility for determining and recommending

adult services, and other information necessary for the department and

the council on children and families to monitor the need for adult

services, but shall not contain personally identifying information. The

department shall forward copies of such annual reports to the council on

children and families. All information received by the council on

children and families pursuant to this paragraph shall be subject to the

confidentiality requirements of the department.

15. (a) In the case of a child who has special needs due to a high

level of disturbed behavior, emotional disturbance or physical or health

needs as determined by the district in accordance with the rules and

regulations of the department and who has been placed with a therapeutic

foster parent, the social services official shall make available

periodic respite care services for such parent, necessary consultation

services between the therapeutic foster care parent and professionals

familiar with the special needs of the child and such other support

services as are reasonably necessary to prevent placement of the child

in a group home, an agency operated boarding home or an institution.

(b) Prior to placement of a child who has been determined to have

special needs with a therapeutic foster parent, the social services

official shall require such foster parent to complete an approved

training program. The department shall not provide enhanced

reimbursement for such placement unless the social services official

certifies that the foster parent has successfully completed an approved

training program.

(c) A social services official shall require that the family services

plan developed pursuant to section four hundred nine-e of this article

for a child placed with a therapeutic foster parent include a treatment

plan prepared in consultation with the therapeutic foster parent and

approved by the social services official.

16. Notwithstanding any provision of law to the contrary, with regard

to the placement of all categories of foster children, the social

services official or the voluntary authorized agency under contract with

such official must consider giving preference to placement of a child

with an adult relative over a non-related caregiver, provided that the

relative caregiver meets relevant child welfare standards.