N.Y. Social Services Law § 483-b: Powers and duties of council

§ 483-b. Powers and duties of council. 1. Definitions. As used in this

section, the terms "care", "services", "programs", and "services

programs" shall mean and include care, maintenance, services and

programs provided to children of the state and their families by or

under the jurisdiction of a member agency.

2. General powers. The council shall have the following powers:

(a) to identify problems and deficiencies in residential care and

community-based services programs and, on a selective basis, to plan and

make recommendations to the governor for the remedy of such problems and

deficiencies and for the development of programs of care and services

for children and their families;

(b) to make recommendations to improve coordination of program and

fiscal resources of state-local, public-voluntary care and services to

children and their families;

(c) to coordinate program and management research of member agencies

for the purpose of monitoring, evaluating or redirecting existing care

and services programs or developing new programs, and to conduct,

sponsor, or direct member agencies to undertake such research or other

activities;

(d) to review and resolve differences, if any, concerning rules and

regulations of each member agency insofar as such rules and regulations

impact on services programs provided by other member agencies;

(e) to promulgate, amend and rescind rules and regulations relating to

the administration and performance of the powers and duties of the

council pursuant to this article;

(f) to review significant state and locally operated and supported

care and services, plans and proposals for new services for children and

families to determine whether such services are planned, created and

delivered in a coordinated, effective and comprehensive manner;

(g) to perform all other things necessary and convenient to carry out

the functions, powers and duties of the council and to effectuate the

purposes of this article; and

(h) to accept and expend any grants, awards, or other funds or

appropriations as may be available to the council to effectuate the

purposes of this article, subject to the approval of the director of the

budget.

3. Interagency resolution powers. (a) The council shall convene member

agencies to meet on a regular basis to discuss and resolve disputes,

including but not limited to disputes between member agencies, relating

to their functions, powers and duties over the provision of services to

particular children and their families or to categories of children or

child and family problems when all the internal statutory and

administrative grievance or appeal procedures applicable to a member

agency have failed to finally resolve such dispute.

(b) The council shall direct member agencies to provide an evaluation,

including a diagnostic study, of a particular child and his or her

family when there is a dispute as to the appropriate agency or program

in which the child should be placed or from which the child and his or

her family should receive services, and, following such study, the

council shall order placement of a child with a member agency, or with a

social services official, or order a member agency to provide or require

the provision of services to the child and his or her family in a manner

consistent with the legal authority of the member agency or social

services official, as applicable.

(c) The council shall direct member agencies to take appropriate

direct action or to exercise their supervisory powers over local

officials and agencies, in the resolution of such disputes.

(d) The duty of the council to resolve disputes involving particular

children may be performed on a selective basis within the discretion of

the council. Exercise of jurisdiction over such disputes by the council

or appeals to the council therefor shall not be required as a condition

precedent to the initiation of a proceeding pursuant to article

seventy-eight of the civil practice law and rules.

(e) A dispute relative to which member agency shall have the

responsibility for determining and recommending adult services pursuant

to sections 7.37 and 13.37 of the mental hygiene law, section three

hundred ninety-eight-c of the social services law, or subdivision ten of

section forty-four hundred three of the education law shall be resolved

in accordance with this subdivision.

4. Submission of information to the council. (a) Notwithstanding any

other provision of state law to the contrary, the council may request

any member agency to submit to the council and such member agency shall

submit, to the extent permitted by federal law, all information in the

form and manner and at such times as the council may require that it is

appropriate to the purposes and operation of the council.

(b) The council shall protect the confidentiality of individual

identifying information submitted to or provided by the council, and

prevent access thereto, by, or the distribution thereof to, persons not

authorized by law.