New York Laws
Title 1 - Care and Protection of Children
387 - Ineligibility for Public Foster Care Funds; Fiscal Penalties.

(a) lack of public need, including but not limited to geographic or
programmatic need, for the agency or one or more of its programs or
facilities;
(b) failure of the agency to promote the placement of children in
permanent, safe family homes through return to the children's own
families or through adoption, or other appropriate objectives for
children, as measured by such factors as length of stay in foster care
for children with similar personal and family characteristics; and
(c) a pattern or practice of repeated violation of the provisions of
this chapter or of the regulations of the office of children and family
services promulgated thereunder.
* NB Effective until June 30, 2027
* 1. The department shall, by regulation, promulgate standards to
determine that an authorized agency, or one or more of its programs or
facilities, is ineligible to receive public foster care funds. Such
standards shall include the following:
(a) lack of public need, including but not limited to geographic or
programmatic need, for the agency or one or more of its programs or
facilities;
(b) failure of the agency to promote the placement of children in
permanent family homes through return to the children's own families or
through adoption, or other appropriate objectives for children, as
measured by such factors as length of stay in foster care for children
with similar personal and family characteristics; and
(c) a pattern or practice of repeated violation of the provisions of
this chapter or of the regulations of the department promulgated
thereunder which have occasioned the denial of reimbursement pursuant to
section one hundred fifty-three-d or three hundred ninety-eight-b of
this chapter.
Such standards shall be developed with the participation of the child
welfare standards advisory council established pursuant to section four
hundred nine-h of this chapter and in consultation with public and
voluntary authorized agencies, citizens' groups and concerned
individuals and organizations including the state council on children
and families.
* NB Effective June 30, 2027
* 2. A determination of ineligibility to receive public foster care
funds or the assessment of a fiscal penalty shall be made upon a finding
of substantial noncompliance with one or more of the standards developed
and adopted pursuant to subdivision one of this section. Such findings
and determination shall be made in accordance with the hearing
procedures set forth in section four hundred sixty-d of this chapter
relating to the revocation, suspension or limiting of operating
certificates. Such determination shall be subject to judicial review in
accordance with article seventy-eight of the civil practice law and
rules.
* NB Effective until June 30, 2027
* 2. A determination of ineligibility to receive public foster care
funds shall be made upon a finding of substantial noncompliance with one

or more of the standards developed and adopted pursuant to subdivision
one of this section. Such findings and determination shall be made in
accordance with the hearing procedures set forth in section four hundred
sixty-d of this chapter relating to the revocation, suspension or
limiting of operating certificates. Such determination shall be subject
to judicial review in accordance with article seventy-eight of the civil
practice law and rules.
* NB Effective June 30, 2027
3. A determination of ineligibility to receive public foster care
funds shall specify whether it applies to the agency generally or to a
particular program or facility of the agency.
4. A social services official shall not purchase foster care from any
authorized agency, or program or facility thereof, which has been
determined to be ineligible to receive public foster care funds in
accordance with the provisions of this section. Any contract between a
social services district and an authorized agency shall be deemed null
and void to the extent that it is inconsistent with the provisions of
this subdivision.
5. The commissioner shall report forthwith in writing, to the
governor, the temporary president of the senate and the speaker of the
assembly with respect to each case in which a determination of
ineligibility to receive public foster care funds has been made pursuant
to this section. Such report shall contain the name of the agency and
the reason or reasons for the determination of ineligibility.
* 6. Any fiscal penalty received by the office of children and family
services pursuant to this section shall be deposited to the credit of
the children and family services quality enhancement fund established
pursuant to section ninety-seven-yyy of the state finance law.
* NB Repealed June 30, 2027

Structure New York Laws

New York Laws

SOS - Social Services

Article 6 - Children

Title 1 - Care and Protection of Children

371 - Definitions

371-A - Procedure.

371-B - Citizen Review Panels.

372 - Records and Reports.

372-B - Adoption Services.

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.

373 - Religious Faith.

373-A - Medical Histories.

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-B - Guardianship and Custody of Destitute or Dependent Children; Commitment by Court Order; Modification of Commitment and Restoration of Parental Rights.

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.

388 - Special Charters.

389 - Penalty for Violations.

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-D - Requiring Barriers to Be Placed Around Swimming Pools and Bodies of Water on the Grounds of Family Day Care Homes or Group Family Day Care Homes.

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.

390-M - Window Coverings.

391 - Violation; Injunction.

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.