(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.
Structure New York Laws
Title 1 - Care and Protection of Children
371-B - Citizen Review Panels.
372-C - Putative Father Registry.
372-D - Adoption Services; Purchase by Department.
372-E - Adoption Applications; Appeals.
372-F - Statewide Adoption Service.
372-G - Abandoned Infant Protection Program.
372-H - Reporting on Post Adoption Services.
374 - Authority to Place Out or Board Out Children.
374-A - Interstate Compact on the Placement of Children.
374-B - Authority to Operate Agency Boarding Home.
374-C - Authority to Operate Group Homes.
374-D - Authority to Operate Public Institutions for Children.
374-E - Authority to Place Out or Board Out Children With Therapeutic Foster Parents.
374-F - Authority to Enter Into Leases for Dwelling Units.
375 - Requirement of Certificate or License to Board Children.
376 - Certificate to Board Children And/or Minors Under Age of Eighteen Years.
377 - License to Board Children.
378 - Form, Duration and Limitation of Certificates and Licenses.
378-A - Access to Conviction Records by Authorized Agencies.
379 - Revocation of Certificates and Licenses.
380 - Boarding and Free Homes; Records.
381 - Maternity Homes; Records and Reports.
382 - Responsibility for Children Without State Residence; License and Board.
383 - Care and Custody of Children.
383-A - Immunity From Liability for Application of the Reasonable and Prudent Parent Standard.
383-B - Medical Treatment for Abused, Neglected and Destitute Children; Consent of Commissioners.
383-C - Guardianship and Custody of Children in Foster Care.
384 - Guardianship and Custody of Children Not in Foster Care.
384-A - Transfer of Care and Custody of Children.
384-C - Notice in Certain Proceedings to Fathers of Children Born Out-of-Wedlock.
385 - Orders; Prohibiting Placing Out or Boarding Out; Removal.
386 - Visitation; Inspection and Supervision.
387 - Ineligibility for Public Foster Care Funds; Fiscal Penalties.
390 - Child Day Care; License or Registration Required.
390-A - Standards and Training for Child Day Care.
390-B - Criminal History Review and Background Clearances of Child Care Providers, Generally.
390-C - Notice of Pesticide Applications.
390-C*2 - Additional Powers and Duties of the Office of Children and Family Services.
390-E - Criminal History Review; Mentoring Programs.
390-F - Report on Child Care Insurance.
390-G - Pesticide Alternatives.
390-H - Notice Requirement Before Closing Certain Day Care Centers.
390-I - Notice of Inspection Report.
390-J - Performance Summary Card in a City Having a Population of One Million or More.
390-K - Child Care Availability Taskforce.
390-L - Securing of Furniture.
392 - Services for Relative and Non-Relative Kinship Caregivers.
393 - Court Review of Placement in a Qualified Residential Treatment Program.
393*2 - Consideration of Blindness During Guardianship, Custody or Adoption Proceedings.