Chapter 1 - DEPARTMENT OF SOCIAL SERVICES

Section 21-101

Section 21-101

  §  21-101  Definitions.  Whenever  used  in this chapter the following
words shall have the following meanings:
  a. "Commissioner" shall mean the commissioner of  social  services  of
the city.
  b.  "Department"  shall  mean the department of social services of the
city.
  c. "Institution" shall include any charitable corporation, one of  the
objects  of  which is the care of children or the placing of children in
families.

Section 21-102

Section 21-102

  §  21-102  Powers  of  commissioner  as  to  destitute  children.  The
commissioner shall have  power  to  commit,  place  out,  discharge,  or
transfer  any  child  who  may be in his or her custody, or who may have
been placed by him or her in an institution as a public charge, whenever
in his or her judgment it shall be for the best interests of such  child
so  to do. In placing out such children, the commissioner may assign one
or more of his or her subordinates to make the necessary investigations.
He or she may employ any duly  incorporated  charitable  institution  or
society  and may reimburse such institution or society for any expenses,
other than salaries, actually incurred in the placing out,  supervision,
and  transfer,  if  necessary,  of  children  who are public charges. An
institution to which a child has been  committed,  as  in  this  section
provided,  shall  have the authority to place such child in a family, or
consent to his or her adoption.

Section 21-103

Section 21-103

  §  21-103  Limitations  on  powers  of  commissioner  as  to destitute
children.  In placing out, transferring or committing  any  such  child,
the  commissioner,  or  any  institution  or  society  employed  by  the
commissioner, when practicable,  shall  place  out  the  child  with  an
individual  of  the same religious faith as the parents of the child, or
transfer or commit the child to an institution governed  by  persons  of
the  same  religious faith as the parents of the child. The commissioner
shall commit such child only to an institution which the state board  of
social  welfare  has  certified  as  having  complied with the rules and
regulations as established by such board for such institutions, pursuant
to  section  one  of  article  eight  of  the  state  constitution.  The
commissioner  may  commit  such child to an institution situated without
the city only if such board has also certified that such institution  is
properly protected against fire and other dangers.

Section 21-104

Section 21-104

  §  21-104  Term  of  commitment of children; discharge. a. The term of
commitment of each destitute and neglected child shall be:
  1. Until such child shall attain the age of sixteen years, or
  2. Until such child shall be given over in adoption by the institution
to which it shall have been committed to some suitable person, or
  3. Until such child shall be returned to its  parents,  relatives,  or
guardians, or otherwise discharged.
  b.  The  commissioner,  may,  however, provide care in an institution,
agency boarding home, or family free or boarding home for any  destitute
minor  between  sixteen and eighteen years of age who cannot be properly
cared for in his or her own home, either directly or through  authorized
agencies,  except that direct placements in agency boarding homes may be
made by the commissioner only if the state board of social welfare shall
have authorized him or her to operate such homes 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.  Such  care
may be continued after the eighteenth birthday of the minor and until he
or she is discharged from care or becomes twenty-one years of age.

Section 21-105

Section 21-105

  §  21-105  Reports  and records of institutions. Each such institution
caring  for  destitute  and  neglected  children  shall  file  with  the
commissioner at the end of every three months a list containing both the
names  of  all the children received or discharged during the month, and
the names and residence of the parents and guardians of such children so
far as known. Each such institution shall keep a book in which it  shall
cause  to  be  entered  the name and address of each parent, relative or
other person visiting an inmate of such institution who is in  whole  or
in  part  a  charge  upon  the  city, and such name and address shall be
entered upon the occasion of each visit by any such person.

Section 21-106

Section 21-106

  §  21-106 Payments to private institutions. Payments shall not be made
by the city to any charitable, eleemosynary or reformatory  institutions
wholly  or  partly under private control, for the care, support, secular
education or maintenance of any destitute, neglected or delinquent child
therein, except upon the certificate of the commissioner that such child
has been received and is retained by such institution  pursuant  to  the
rules  and regulations established by the state board of social welfare.
Moneys paid by the city to any such institution for the  care,  support,
secular  education  or  maintenance of its inmates shall not be expended
for any other purpose. Whenever the  commissioner  shall  decide,  after
reasonable notice to such institution and a hearing, that any such child
who  is received and retained in such institution is not a proper charge
against the public, and written notice of such decision is given by  the
commissioner  to  such  institution,  thereupon all right on the part of
such institution to receive compensation from the city for  the  further
retention  of  the child shall cease. The commissioner shall file in the
office of the department a statement of  the  reasons  for  his  or  her
decision  and of the facts upon which it is founded, and shall furnish a
copy to such institution where the child is detained. The commissioner's
decision may be reviewed on certiorari by the supreme court.
  No money shall be paid out of any  appropriation  to  any  charitable,
eleemosynary  or  reformatory  institution  which  shall  deny  or limit
admission to  any  destitute,  neglected  or  delinquent  children  duly
committed  by  the  commissioner or a court of appropriate jurisdiction,
because of the race, color  or  religion  of  such  children,  provided,
however,  that  no  institution of a particular religious faith shall be
required to accept children adhering to a religious faith other than its
own.
  The commission on foster care of children shall  have  the  power  and
continuing  duty  to  investigate and determine, upon complaint made and
shall have the power on its own initiative to investigate and  determine
whether any institution is practicing discrimination in violation of the
provisions  of  the  preceding paragraph. The commission may direct that
such investigation shall be conducted by one or more of its  members  or
by its secretary or assistant secretary. Whenever in the judgment of the
commission, such investigation discloses that there is reason to believe
that  an  institution is practicing discrimination, the commission shall
cause a hearing to be held before the commission or before two  or  more
of  its  members,  as  it  may  direct,  upon  reasonable notice to such
institution. The commission shall dismiss the proceedings  if  it  finds
upon  the basis of such hearing, that such institution is not practicing
discrimination. In the event the commission shall find on the  basis  of
such  hearing,  that  such  institution is practicing discrimination, it
shall certify to the commissioner its findings of  fact,  together  with
its  determination of the period of time, not to exceed one year, within
which the institution shall be permitted  to  amend  its  practices  and
comply  with  said  provisions.  The  commissioner shall thereupon serve
notice of such certification on such institution. All right on the  part
of such institution to receive moneys from the city shall cease upon the
date  specified  in  said  certification unless, prior to the expiration
thereof, such institution shall have submitted to the  commission  proof
that it has ceased to engage in said violations and the commission shall
have  found  and certified to the commissioner that said institution has
complied with said provisions. The institution shall not be deprived  of
payments  for  services  rendered  prior  to  the  date specified in the
certification. The determination of the commission that  an  institution
is  practicing  discrimination,  or  having  been  ordered to cease said
discrimination has failed to cease,  may  be  reviewed  by  the  supreme

court,  which  may,  for  good  cause shown, during the pendency of such
review, stay the termination of the right of such institution to receive
moneys from the city. The commission, or any of its  members  authorized
by  it  to  conduct  a  hearing,  may,  at  any such hearing, compel the
attendance of witnesses, administer oaths, take  the  testimony  of  any
person under oath and require the production of any evidence relating to
the   matter  in  question  at  the  hearing.  The  department  and  the
corporation counsel are authorized upon request by  the  commission,  to
make  members  of  their  respective  staffs available, upon a temporary
basis, to the commission, to assist it in conducting the  investigations
and hearings provided by this section.

Section 21-107

Section 21-107

  § 21-107 Power of commissioner as to removal of destitute persons. The
commissioner  shall  have  power  to  pay for the cost of the removal or
transportation of any person  who  may  come  under  the  commissioner's
charge whenever in his or her judgment the city will thereby be relieved
from an unnecessary or improper charge.

Section 21-108

Section 21-108

  § 21-108 Support of poor persons by relatives. a. The spouse or parent
of  a  recipient  of  public assistance or care or of a person liable to
become in need thereof shall, if of sufficient ability,  be  responsible
for  the  support  of  such  person,  provided  that  a  parent shall be
responsible only for the support of his or her minor child. Step-parents
shall in  a  like  manner  be  responsible  for  the  support  of  minor
step-children.
  b.  If  a sufficiently able relative of a poor person fails to support
him or her, as in this section provided, and such person is being  cared
for  or  is about to be cared for by the commissioner, such commissioner
may apply to the family court for an order to compel him or her  to  pay
the  reasonable  charge  determined by such commissioner for the care of
such  relative  during  his  or  her  stay  in  the  public  or  private
institution,  or  home where the commissioner has placed him or her. The
proceedings to be taken to make such order and to enforce the same shall
be in the name of and conducted by the commissioner.  The  determination
of such commissioner as to the reasonableness of such charges may at any
time be reviewed in the family court.
  c.  Evidence that the poor person mentioned in this section is without
adequate means of support shall be presumptive proof of the  possibility
of  his  or  her  becoming  a  public  charge. The relative against whom
proceedings are begun for the support of a poor person shall be taken to
be of sufficient ability  to  contribute  to  the  support,  unless  the
contrary  shall affirmatively appear to the satisfaction of the court or
a judge or justice thereof.
  d. Instead of bringing legal proceedings as in this section specified,
the commissioner can directly enter into an agreement  with  a  relative
for the payment of the charges determined by such commissioner to be the
reasonable  charge  for the care of the person maintained or about to be
maintained by such commissioner as a public charge.

Section 21-109

Section 21-109

  §  21-109  Recovery from recipient who has property or other means. a.
If it shall at any time be ascertained that any person, who has received
support or care or treatment from the city through the commissioner, has
real or personal property or other means  of  enabling  him  or  her  to
reimburse  the city, an action may be maintained in a court of competent
jurisdiction, by such commissioner, against such person or  his  or  her
estate  to  recover  such sums of money as may have been expended by the
city through such commissioner in the support or care  or  treatment  of
such person during the period of ten years next preceding such discovery
or the death of such person.
  b.  Instead  of  bringing  the  legal  proceedings  as in this section
specified, such commissioner may determine the reasonable value of  such
support  or  care  or  treatment,  and  enter  into an agreement for its
payment.

Section 21-110

Section 21-110

  §  21-110  Potter's  field.  The commissioner shall have charge of the
Potter's Fields, and when the necessity therefor shall arise, shall have
power to lay out additional  Potter's  Fields  or  other  public  burial
places  for  the  poor  and  strangers and from time to time enclose and
extend the same to make enclosures therein and to build vaults  therein,
and  to  provide  all  necessary  labor  and for interments therein. The
Potter's Field on Hart's island, however, shall remain under the control
of the department of correction, and  the  burial  of  deceased  paupers
therein  shall  continue  under rules and regulations established by the
joint action of the departments of social services and correction, or in
case of disagreement between such departments, under such regulations as
may be established by the mayor.

Section 21-111

Section 21-111

  §  21-111  Soliciting  of  contributions  in  public.  a.  It shall be
unlawful  for  any  person,  organization,   society,   association   or
corporation  or  their  agents  or  representatives  to  solicit  money,
donations of money or property, or financial assistance of any kind upon
the streets, in office or business buildings, by house to house canvass,
or in public places in the city, except upon a  license  issued  by  the
commissioner  and  an  identification  card issued by the chairperson or
district chairperson of any charitable drive and any such regulations as
hereinafter provided.
  b. Application to solicit funds for any cause whatever as provided for
in this  section  shall  be  addressed  to  the  commissioner  and  such
application shall contain the following information:
  1. Name and purpose of the cause for which permission is sought.
  2.   Names  and  addresses  of  the  officers  and  directors  of  the
organization.
  3. Time for which permission is sought and localities  and  places  of
solicitation.
  4. Whether or not any commissions, fees, wages or emoluments are to be
expended in connection with such solicitation.
  5. Such other information as the commissioner shall require.
  c.  It  shall  be  the  duty  of  the  commissioner,  before  granting
permission to solicit  funds  or  donations  as  provided  for  in  this
section,  to  compel  the  applicant  to  file  with him or her a signed
statement of all moneys collected in the calendar  year  or  the  fiscal
year  of such organization, society, association or corporation previous
to the application, the expenditures connected therewith, together  with
the  names  and addresses of all persons receiving wages, commissions or
emoluments and the amounts so expended.
  d. The commissioner may establish such regulations as he  or  she  may
deem necessary in effectuating the purposes and objects of this section.
  e.  Licensees operating under this section shall be compelled to label
all collection boxes or containers used in  the  solicitation  of  funds
either by appeal in person or the placing of receptacles for the receipt
of  such  public  contributions  in  stores,  factories, shops, offices,
theatres, hotels, restaurants, railway stations, ferry houses, or  other
public places, with the name of the organization for which the permit is
issued,  and  in such conspicuous manner as the commissioner may direct.
In addition, where the solicitation of funds is by appeal in person  and
where  the solicitor receives no compensation for such solicitation, the
box or container shall bear on it the word "volunteer" in a  conspicuous
place.  Any  solicitor  receiving compensation for such solicitation who
uses a box or container bearing the word "volunteer" shall be subject to
a fine not to exceed one hundred dollars or to imprisonment for a period
not to exceed thirty days or both.
  f. Any person or persons who shall violate any of  the  provisions  of
this  section,  upon  conviction thereof, shall be punished by a fine of
not more than five hundred dollars, or  by  imprisonment  not  exceeding
ninety days, or by both.
  g.  The  provisions of this section shall not apply to any corporation
organized under the religious corporations law; nor to  solicitation  at
the  regular  exercises  or  services  of any lodge, benevolent order or
fraternity, or any branch thereof, whenever such solicitation is made at
the regularly appointed  meetings  and  regular  places  of  worship  or
exercises of such lodge, order or fraternity.

Section 21-112

Section 21-112

  §  21-112  Records to be kept by commissioner. It shall be the duty of
the commissioner to keep and preserve a proper record of:
  1. All persons who shall come under his or her care or custody, and of
the disposition made of such persons, and
  2. All persons  who  are  inmates  of  private  institutions  who  are
accepted by him or her as proper charges upon the city.

Section 21-113

Section 21-113

  §  21-113  Information  to  be  furnished  to  commissioner  and other
agencies.  Transcripts or searches or certified copies of records in any
agency of the city, shall be furnished without  charge  or  fee  to  the
department  or any authority charged with the duty of administering laws
relating to the poor or for the relief of veterans or  the  families  or
dependents of veterans in the city.

Section 21-113.5

Section 21-113.5

  § 21-113.5 Interpretation Services. The Commissioner shall require the
immediate  provision of interpretation services for non-English speaking
residents in all income maintenance centers located in  New  York  City,
when  such  non-English speaking residents comprise at least ten percent
of the service population of a particular center.

Section 21-114

Section 21-114

  §  21-114  Municipal  lodging  houses.  a. The commissioner shall have
jurisdiction over, and it shall be his or her duty to take charge of all
municipal  lodging  houses  belonging  to  or  hereafter   acquired   or
established by the city.
  b.  It  shall be the duty of the commissioner or of the superintendent
of any  municipal  lodging  house  acting  under  such  commissioner  or
superintendent, to provide for any applicants for shelter who, in his or
her  judgment,  may  properly  be received, plain and wholesome food and
lodging for a night, free of charge, and also to cause  such  applicants
to  be  bathed  on  admission  and  their  clothing  to  be  steamed and
disinfected.

Section 21-115

Section 21-115

  §   21-115  Establishment  of  day  nurseries.  The  commissioner  may
establish, in his or her discretion, one or more day nurseries, and  may
adopt  rules  and regulations for the free admission thereto of children
under ten years of age.

Section 21-116

Section 21-116

  §  21-116 Commissaries. a. The commissioner may establish a commissary
at camp LaGuardia and a commissary at the Neponsit home for the aged for
the use and benefit of the residents and employees thereof.  All  moneys
received  from  the  sales  in  such  commissaries  shall  be  paid over
semi-monthly to the  commissioner  of  finance  without  deduction.  The
provisions of section 12-114 of the code shall apply to every officer or
employee who receives such money in the performance of his or her duties
in  such commissaries. The accounts of the commissaries shall be subject
to supervision, examination and audit by the comptroller and  all  other
powers  of  the  comptroller  in  accordance  with the provisions of the
charter and code.
  b. All moneys received from the sales in such  commissaries  shall  be
kept in a separate and distinct fund to be known as the commissary fund.
Such fund shall be used for:
  1. The purchase of all merchandise for resale in such commissaries;
  2.  The  purchase  of  supplies,  materials,  and  equipment  for such
commissaries;
  3. The furnishing of work or labor to be done for such commissaries;
  4. The salaries of all employees of the Neponsit  home  for  the  aged
commissary  and the incentive allowance authorized by certificate of the
director of the budget to be paid to the residents of camp LaGuardia who
are permitted to work in the camp LaGuardia commissary; and
  5. All other costs and expenses of operating such commissaries.
  c. Any surplus remaining in the commissary fund  after  deducting  all
items  described  in  subdivision b hereof shall be used for the general
welfare of the residents of camp LaGuardia and the Neponsit home for the
aged. In the event such fund at any time exceeds ten  thousand  dollars,
the excess shall be transferred to the general fund.
  d.   All   expenditures  for  items  described  in  paragraph  one  of
subdivision b of this section shall be made upon vouchers issued by  the
commissioner  and  subject  to  audit  by  the  comptroller.  All  other
expenditures described in  subdivision  b  and  subdivision  c  of  this
section  shall  be made by the commissioner in accordance with schedules
approved by the mayor or  of  the  director  of  the  budget  acting  in
accordance  with  a  delegation  of  power from the mayor. All supplies,
materials, equipment and merchandise to be furnished  and  all  work  or
labor to be done, the cost of which is payable from the commissary fund,
shall  be  furnished  or  provided  in accordance with the provisions of
chapter thirteen of the charter and chapter one of title thirteen of the
code.
  e. All appointments to positions in the Neponsit  home  for  the  aged
commissary  shall  be  made in accordance with the civil service law and
rules. The salaries of employees of such commissary shall  be  fixed  by
the  mayor.  Such  salaries and all pension contributions required to be
made by the city on behalf of such employees  shall  be  paid  from  the
commissary fund.
  f.  Any officer, employee or resident, whose duties in connection with
the commissary fund involve possession of or control over  funds,  shall
execute  a  bond  to the city for the faithful performance of his or her
duties in such sum as may be fixed and with sureties to be  approved  by
the comptroller, or shall in the alternative be included in the coverage
of  a blanket bond insuring the city for the faithful performance of his
or her duties in such sum as may  be  fixed  and  with  sureties  to  be
approved by the comptroller.

Section 21-117

Section 21-117

  §  21-117 Contracts to make rental payments. 1. The commissioner shall
have the power to and may,  within  the  amount  appropriated  therefor,
enter  into  a  contract to make rental payments to the owner, landlord,
lessee, managing agent of, or other person entitled to rent and  receive
rental  payments for, housing accommodations whenever (a) a recipient of
public assistance and care  has  neglected  or  failed  to  make  rental
payment  and  payment  has  not  otherwise  been  made, or (b) a housing
accommodation is vacant and the owner, landlord, lessee, managing  agent
or  such  other  person  agrees  in  such  contract to hold such housing
accommodation vacant and to accept as a new tenant a recipient of public
assistance and care designated  by  the  commissioner,  and  until  such
housing  accommodation  is  occupied  by and rental payments are made by
such new tenant; provided, however, that no  rental  payments  shall  be
made  in  accordance  with  this provision if such housing accommodation
remains vacant for more than sixty days.
  2. The commissioner shall not be deemed to have assumed the duties  of
a  tenant  under  lease because he or she has entered into a contract to
make rental payments.

Section 21-118

Section 21-118

  §  21-118 New York city commission for the foster care of children. a.
There is hereby established the New York city commission for the  foster
care  of  children  (hereinafter  referred  to  as  the "commission") to
consist of fifteen public members, who shall serve without compensation,
to be appointed by the mayor from among residents of  the  city  of  New
York  who have been active in, identified with, or otherwise known to be
interested in the field of child care. In making such appointments,  the
mayor shall make every effort to appoint individuals associated with the
major  federations  concerned  with foster care services to children and
individuals who are associated with organizations which, through  direct
services to children, coordination or planning of services for children,
or  through  research  in  the  field  of  child  care, are making major
contributions to the planning of services for the children of  the  city
of  New York. The membership of the commission shall reflect disciplines
basic to a wholesome child  welfare  program  including  mental  health,
education,  religion,  law  with  some  specialty  in  family  and child
welfare, and pediatrics. The mayor  may  appoint,  and  at  his  or  her
pleasure remove, an executive director and an assistant to the executive
director of the commission. The salary of the executive director and the
assistant  to  the  executive  director  shall be fixed by the mayor and
shall be paid from appropriations  made  to  the  department.  The  said
public members shall serve for a term of four years except that the term
of  office  of the members first taking office shall expire, five at the
end of two years, five at the end of three years and five at the end  of
four  years. No member shall serve for more than eight consecutive years
after July one, nineteen hundred sixty-four. The mayor shall  appoint  a
chairperson and a vice chairperson from among the members, each to serve
in  that capacity for two year terms. Any public member appointed by the
mayor to fill a vacancy occurring prior to the expiration  of  the  term
for  which  his  or her predecessor was appointed shall be appointed for
the remainder of such term.
  b. The commission shall meet at least once every month  except  during
the  months  of  July  and  August and shall meet at such other times as
meetings are called by the chairperson. Whenever requested to do  so  in
writing by any six members of the commission, the chairperson shall call
a special meeting of the commission. Full time professional and clerical
assistance,  properly  qualified,  shall  be provided as required to the
commission by the department.
  c. The commission shall have the following powers and duties:
  (1) Make recommendations to the commissioner and to the administrative
judge of the family court of the state of New York within  the  city  of
New  York  on  all  phases  of  the  foster  care  of children including
recommendations designed to prevent the need for such care.
  (2) Make  recommendations  to  the  appropriate  authorities  for  the
establishment  of  proper  standards  for  the  foster care of children,
except insofar as such standards have been established pursuant  to  law
by  the  board  of health of the city of New York or the board of social
welfare of the state of New York.
  (3) Study and report the extent and nature of the facilities  required
to provide adequate foster care for children.
  (4)  Coordinate temporary care services and make recommendations as to
the type of children and the age range to be admitted to  any  temporary
shelter, in order that the needs of children may be served by the proper
and adequate provision of accommodations, and so as to avoid duplication
or overlapping of service.
  (5)   Individually   or   collectively  visit  temporary  shelters  in
accordance with rules promulgated by the commission;  recommend  to  the
commissioner  and to the administrative judge of the family court of the

state of New York within the city of New York  studies  of  foster  care
facilities with the cooperation of private agencies.
  (6)  Recommend  that  the department maintain such records and compile
such statistics as the commission may deem  desirable,  subject  to  the
approval of the commissioner.
  (7)  Through  appropriate  channels,  advise  foster care agencies and
institutions receiving public funds  on  all  matters  relating  to  the
development  and  modification  of programs to meet changing foster care
needs.
  (8) Make appropriate recommendations to the commissioner  and  to  the
administrative judge of the family court of the state of New York within
the  city  of  New  York  for  submission  to  the  mayor on all matters
affecting the foster  care  of  children,  annually  or  more  often  as
required.
  (9) Make appropriate recommendations to reduce insofar as possible the
length of stay of children in temporary shelters.
  d.  Whenever  required  to  do  so  by the commission or an authorized
representative thereof, any public official or agency of the city of New
York possessing information relating to the maintenance or operation  of
institutions  or  agencies  for  the  care  of  children, or maintaining
records with respect thereto, shall make such  information  and  records
available,  and  shall  furnish  transcripts  or  copies thereof, to the
commission.
  e. It shall be the function of this commission to utilize all  methods
provided  by law to discourage and prevent any discrimination because of
race, color or national origin in the foster care of children.
  f. In relation to foster care of children the  commission  shall  make
appropriate  recommendations  for  the  enforcement of all provisions of
laws relating to foster care including those laws which provide for  the
preservation  and  protection of the religious faith of the child to the
end that whenever a child is placed or committed by  the  department  or
remanded  or  committed by the family court to any family or to any duly
authorized association, agency, society, or institution, such placement,
remand or commitment must be made, when practicable, to a family or to a
duly authorized association, agency, society, or institution  under  the
control  of persons of the same religious faith or persuasion as that of
the child; provided that  any  and  all  such  foster  care  placements,
whenever  made,  shall  assure  the  preservation  and protection of the
religious faith of the child.
  g. Whenever used in this section the following  terms  shall  mean  or
include:
  (1)  "Foster  care  for  children."  The care of abandoned, destitute,
dependent, neglected or  delinquent  children  or  persons  in  need  of
supervision away from their own homes in institutions or foster homes or
temporary  shelters,  in  whole  or in part at public expense, under the
jurisdiction of a social services official or other authorized agency as
defined in the social services law.
  (2) "Temporary shelter." Any establishment or agency receiving  public
funds  which  is  operated  or  maintained  for  the  temporary  care of
destitute, dependent, neglected or delinquent  children  or  persons  in
need of supervision.
  (3)  "Temporary  care."  Care  of  an  abandoned, destitute dependent,
neglected or delinquent child or person in need  of  supervision,  in  a
temporary  shelter  for  a brief and transient period, pending return of
the child to its own home or placement in long-term care away  from  its
own home.

Section 21-119

Section 21-119

  §  21-119  Screening  of  child  care  services  personnel by persons,
corporations or other entities under contract with  the  city.  a.  Each
person,  corporation,  or  other  entity under contract with the city to
provide child care services shall be responsible for the recruitment  of
appropriate  personnel;  verification  of  credentials  and  references;
review of criminal record information;  screening  of  all  current  and
prospective  personnel;  and  selection  and  hiring  of  all  personnel
necessary to furnish child care services. Screening shall  include,  but
not be limited to (1) fingerprinting; (2) review of criminal convictions
and  pending  criminal  actions,  provided that the contractor shall not
dismiss or  permanently  deny  employment  to  current  and  prospective
personnel  who are subjects of pending criminal actions, but may suspend
such current personnel or defer employment decisions on such prospective
personnel until disposition of the pending criminal action; (3)  inquiry
with the statewide central register of child abuse and maltreatment and;
(4)  for  prospective personnel, inquiry with the applicant's three most
recent employers. Each such contractor is hereby authorized and required
to have all  current  and  prospective  personnel  fingerprinted  by  an
appropriate city agency.
  b.  As  a  condition  of  employment  and  continued  employment,  the
contractor shall obtain written consent from all current and prospective
child care services personnel for  fingerprinting  and  criminal  record
review. Denial of such consent shall be grounds for dismissal or refusal
to hire.
  c.  The  department  shall  require appropriate documentation from the
contractor indicating compliance with this section. The requirements  of
subdivisions  a and b of this section shall be incorporated in contracts
for child care services entered into by  the  city,  and  any  violation
thereof  shall  be a material breach of the contract sufficient to cause
termination.
  d. For purposes of this section, "personnel" shall  include  day  care
employees,  family  day  care providers and members of their households,
and head start employees.

Section 21-120

Section 21-120

  §  21-120  Training  in detection and the dissemination of information
about child abuse. a. In addition to any other requirement  pursuant  to
any  other  law  or regulation, the department shall provide training in
the detection and reporting of child abuse for all  appropriate  current
and prospective day care and head start personnel.
  b. The department shall issue and circulate an appropriate publication
containing  information  with  respect  to child abuse. Such information
shall be distributed to all providers of child day care services and  to
the parent or guardian of, or person legally responsible for, each child
receiving   day  care  services.  Such  publication  shall  contain  the
emergency telephone number to report suspected child abuse.
  c. The department  shall  establish  a  telephone  number  to  provide
assistance  and  information  with  respect  to  child  abuse  and shall
publicize  the  telephone  number  and  require  that  such  number   be
prominently displayed in all child day care centers.

Section 21-120.1

Section 21-120.1

  * § 21-120.1 Family child care and group family child care.
  a.  Definitions.  For  the  purposes  of  this  section, the following
definitions shall apply:
  1. "Family child care  provider"  shall  mean  an  individual  who  is
registered  pursuant  to  section  three  hundred  ninety  of the social
services law.
  2. "Group family child care provider" shall mean an individual who  is
licensed pursuant to section three hundred ninety of the social services
law.
  3.  "Administration"  shall  mean  the  administration  for children's
services.
  4. "Child care provider" or "provider" shall mean a family child  care
provider or a group family child care provider.
  5.  "Authorized  family  child care service" shall mean an individual,
association, corporation,  partnership,  institution,  organization,  or
other  entity  that  has been designated by the administration, or other
appropriate  agencies  of  the  city  and  in  consultation   with   the
administration,  as qualified to inspect the home of a family child care
provider or group family child  care  provider  seeking  eligibility  to
provide  subsidized  child  care,  assist in bringing such provider into
full compliance with all applicable laws, regulations and rules in order
for such family child care provider or group family child care  provider
to  be  designated  as  eligible to provide subsidized child care and/or
monitor the performance of a  child  care  provider  that  is  providing
subsidized child care.
  6. "Subsidized child care" shall mean all child care services provided
by a child care provider paid for wholly or partially with public funds,
where payment is made by or pursuant to grants or contracts with a child
care  provider or authorized family child care service or by issuance of
a child care certificate to a parent.
  7. "Child care certificate" shall mean a certificate or  voucher  that
is  issued  directly to a parent who may use such certificate or voucher
only as payment for child care services or as a deposit for  child  care
services if such a deposit is required of other children being cared for
by the provider.
  8.  "Parent"  shall  mean  a custodial parent, legal guardian or other
person having legal custody of a child.
  b. The administration shall perform the tasks and provide the services
described in this subdivision with respect to  providers  of  subsidized
child  care  provided,  however,  that  such  tasks  and services may be
delegated to an authorized family  child  care  service  to  the  extent
permitted by law:
  1.  monitoring  the care provided to each child and ensuring that each
child's individual needs are being met, identifying children in need  of
further  evaluation  and  making appropriate referrals for individual or
family-related services;
  2. inspecting a child care provider's home within thirty days  of  the
placement  of  the first child receiving subsidized child care with that
child care provider for the purpose of determining that such child  care
provider  meets  the requirements of section three hundred ninety of the
social services law, the regulations  promulgated  thereunder,  and  any
plan  approved  pursuant  to  section three hundred ninety of the social
services law, and that the child care provider is capable  of  providing
safe  and  suitable  care  to  children  which  is  supportive  of their
physical,  intellectual,  emotional  and  social  well-being.  When  the
inspection  is  to  be  conducted  by  an  authorized  family child care
service, the child care provider shall furnish to such authorized family
child care service a true copy of the provider's  completed  application

form  and  all  other  supporting documents and related materials in the
provider's possession. However, this paragraph shall not apply to  those
providers of subsidized child care who were providing such care prior to
the  effective  date  of this section and received payment for such care
exclusively through child care certificates;
  3. arranging for a visit to a child care provider's home by  a  parent
prior to the placement of such parent's child receiving subsidized child
care  with  that child care provider for the purpose of determining that
such child care provider is capable of providing safe and suitable  care
which  is  supportive  of that child's physical, intellectual, emotional
and social well-being;
  4. inspecting the operation of every home where subsidized child  care
is  provided  no  less  than  five  times  each  year, which shall be in
addition to and separate and distinct from any visits performed pursuant
to paragraph (3) of this subdivision or mandated by  the  United  States
department  of  agriculture  pursuant  to  the child and adult care food
program, for the purpose of ensuring that  child  care  is  provided  in
accordance with the requirements of all applicable laws, regulations and
rules,  provided,  however,  that  twenty  percent of those providers of
subsidized child care who are providing such child care on the effective
date of this section and receive payment for such child care exclusively
through child care certificates shall be inspected each month  following
approval  of  the  provisions  of  this  paragraph by the New York state
office of children and family services, so that each such provider shall
be inspected within five months subsequent to  such  approval,  and  all
such providers shall be inspected four additional times during the first
year following such approval;
  5.  inspecting the operation of every home where subsidized child care
is provided no less than two times during the first six months in  which
a  child  care  provider is providing subsidized child care and at least
one additional time during the  next  six  months,  which  shall  be  in
addition  to  and  separate and distinct from any visits and inspections
required by paragraphs (2), (3) and (4) of this subdivision, except that
this paragraph shall not apply to a provider who is participating in the
child and adult care food program of the  United  States  department  of
agriculture  and  those  providers  of  subsidized  child  care who were
providing such child care prior to the effective date  of  this  section
and  received payment for such child care exclusively through child care
certificates;
  6. in addition to and separate and  distinct  from  those  visits  and
inspections  required  by  paragraphs  (3)  and (4) of this subdivision,
inspecting the operation of every home where subsidized  child  care  is
provided  no  less  than two times during the first six months after the
provider has had eligibility to provide subsidized child  care  restored
subsequent  to  the  effective  date  of  this  paragraph  or  has  been
adjudicated to have  violated  any  provision  of  any  applicable  law,
regulation  or rule unless it is determined at the time the violation is
adjudicated that the violation  (a)  did  not  adversely  affect  public
health, (b) did not relate to on-site sanitation, fire hazards or safety
hazards,   (c)  did  not  relate  to  staff  qualifications  or  program
requirements and (d) did not relate to the  discipline,  supervision  or
nutrition  of any child in the provider's care. The administration shall
also perform such additional inspections as it determines are  necessary
for  it  to  establish  that  a  provider  whose  eligibility to provide
subsidized child care has been restored is capable of providing safe and
suitable care  to  children  which  is  supportive  of  their  physical,
intellectual,  emotional and social well-being and to establish that any
violations of the type described in this paragraph have been corrected.

  7. assisting in the collection and review of medical and  immunization
information  which  is  required  to  be maintained for all children for
which the provider is providing subsidized child care and the monitoring
of those medical and immunization requirements;
  8.  providing  instruction  and  training  to child care providers, as
needed, in order to comply with all  applicable  laws,  regulations  and
rules;
  9.  assisting  in  the  establishment  and  maintenance  of  all files
necessary for the administration and any city agency acting on behalf of
the state of New York to oversee the activities of the provider  and  to
assist  the  provider in complying with all applicable laws, regulations
and rules including the maintenance of attendance records;
  10.  assisting  applicants  and  providers   in   properly   preparing
applications  for  licensing  and  registration and for the renewal of a
license or registration;
  11. assisting every child care provider in creating and maintaining  a
file  containing  fingerprint  records  of such provider and fingerprint
records of every employee of such child  care  provider,  any  volunteer
acting  on  behalf  of  such  child  care provider and any member of the
household of such child care provider who is sixteen years  of  age  and
older,  and  overseeing  the  activities of each such provider to assure
that fingerprint records are maintained for each person  in  a  category
described herein;
  12. monitoring the files required to be maintained by every child care
provider containing medical records of such provider and medical records
of  every  employee of such child care provider, any volunteer acting on
behalf of such child care provider and any member of  the  household  of
such  child  care  provider  and  overseeing the activities of each such
provider to assure that medical records containing the  most  up-to-date
information  are  maintained  for  each  person  in a category described
herein;
  13.  making  determinations  as  to  whether  an  individual  who  has
submitted  an  application  to be registered or licensed as a child care
provider or a registered or licensed child care provider will be able to
provide family child care or group family child care in accordance  with
all  applicable laws, regulations, rules, and any plan approved pursuant
to section three hundred ninety of the social services  law  and,  where
appropriate, designating such provider as eligible to provide subsidized
child  care.  In  making  such a determination, the administration shall
consider, but is not limited to considering, the following:
  (i) that clearance with the State Central Register of Child Abuse  and
Maltreatment  has  been  completed  for  the  applicant  or  child  care
provider, every employee of such child care provider,  volunteer  acting
on  behalf of such child care provider and for any person eighteen years
of age or older who resides in the home of such applicant or child  care
provider;
  (ii)  whether  the applicant or child care provider, every employee of
such child care provider, volunteer acting on behalf of such child  care
provider  or  any  person  residing  in  the  applicant's  or child care
provider's household who is sixteen years of age or older has  a  record
of criminal conviction, to the extent such information is available;
  (iii)  that the applicant or child care provider and every employee of
such child care provider, volunteer acting on behalf of such child  care
provider  and  all  other  members  of  the  household have had a health
examination and been  examined  for  tuberculosis  within  the  previous
twelve months;
  (iv) that the child care provider maintains a register, or an approved
equivalent,  in  a  form  to be provided by the New York state office of

children and family services or provided for  such  purpose  by  another
city  or  state  office  showing  for  each child for whom child care is
provided:
  (a) the name and date of birth of such child;
  (b)  the  names  and  addresses  of  his  or  her  parents,  including
designated emergency contact persons and their telephone numbers; and
  (c) such other information as may be required by the state  office  of
children and family services or other appropriate agency or office;
  (v)  that  the  child  care provider has received or shall receive not
less than the training required by section three hundred ninety-a of the
social services law and any regulations promulgated pursuant thereto  or
the  plan  approved  pursuant  to  paragraph  f  of subdivision three of
section three hundred ninety of the social services law where such  plan
establishes different training requirements;
  (vi)  that  children  in  child  care  have  received  or will receive
instruction, consistent with their age, needs and circumstances as  well
as the needs and circumstances of the child care provider, in techniques
and  procedures  which  will  enable such children to protect themselves
from abuse and maltreatment; and
  (vii) that the child care provider has a daily program that meets  all
applicable requirements set forth in parts 416 and 417 of title eighteen
of  the  official compilation of the codes, rules and regulations of the
state of New York, or any superseding regulations;
  14. providing technical assistance to a child care provider  in  order
to assure compliance with all applicable laws, regulations and rules and
other  services  to  ensure  safe and suitable care to children which is
supportive  of  their  physical,  intellectual,  emotional  and   social
well-being;
  15.  assisting  parents in choosing an appropriate child care provider
from among the child care providers eligible to provide subsidized child
care;
  16. providing detailed written information about the child  and  adult
care  food  program  operated  by  or  on  behalf  of  the United States
department of agriculture to every provider of subsidized child care who
is not enrolled in such program and to every applicant seeking to become
a provider of subsidized child care at  the  time  such  application  is
submitted; and
  17.  encouraging  providers  and applicants to enroll in the child and
adult care food program and assisting such persons in enrolling  and  to
offer  child  care during times of day or days that enhance the capacity
of  parents  to  seek  out  and  avail  themselves  of  employment   and
educational opportunities.
  c.  In  the event that an authorized family child care service obtains
information that a provider of subsidized child care cannot  provide  or
is  not  providing child care in accordance with the requirements of all
applicable laws, rules and regulations, the authorized family child care
service  shall  immediately  provide  the   administration   with   such
information. If the administration concludes that safe and suitable care
to  children  which  is  supportive  of  their  physical,  intellectual,
emotional, and social well-being cannot be or  is  not  being  provided,
such  child  care  provider  shall not be eligible to provide subsidized
child care in such  home.  The  administration  shall  not  continue  to
subsidize  through any mechanism the child care of children in such home
until such time as the administration has  determined  that  such  child
care provider can provide such safe and suitable care.
  d.  1.  Not later than sixty days following the effective date of this
section, the administration shall  submit  in  accordance  with  section
three hundred ninety of the social services law a plan or all amendments

to  any  existing  plan  necessary to make such plan consistent with the
provisions of this section, together with an explanation justifying  the
need  to  impose  additional  requirements  upon providers of subsidized
child  care  and  a  plan  to  monitor  compliance  with such additional
requirements and all applicable laws, regulations and rules.
  2. The plan submitted by the administration  shall  request  authority
for the administration to provide the training mandated by section 390-a
of the social services law or the plan or delegate the provision of such
training  to an authorized family child care service. The administration
shall include in this request an application for  the  release  of  such
funds as may be available for such training within the city of New York.
The  authority  of  the  administration to provide training under such a
plan shall be contingent upon granting of the authority and the  release
of funds from the state.
  3.  The  plan  submitted  by  the  administration  shall  also include
provisions imposing upon every provider of  subsidized  child  care  the
following requirements:
  (i)  such  child  care  provider's  home  shall  be made available for
inspection by the administration or  an  authorized  family  child  care
service  for  the  purpose  of determining that such child care provider
meets the requirements of section three hundred  ninety  of  the  social
services  law,  the  regulations  promulgated  thereunder  and  any plan
approved pursuant to section three hundred ninety of the social services
law and that the child care provider is capable of  providing  safe  and
suitable  care  to  children  which  is  supportive  of  their physical,
intellectual, emotional and social well-being. When the inspection is to
be conducted by an authorized family child care service, the child  care
provider  shall  furnish  to such authorized family child care service a
true copy of the provider's completed application  form  and  all  other
supporting documents and related materials in the provider's possession;
  (ii)  when it is determined that the home of a child care provider who
desires to provide subsidized child care is not in full compliance  with
all  applicable  laws,  regulations  and  rules, the child care provider
shall bring such home into full compliance  with  all  applicable  laws,
regulations and rules;
  (iii)  a  child  care provider shall be eligible to provide subsidized
child care only if such provider will:
  (a) personally provide the child care in the provider's own home;
  (b) be the only provider of child care in that home; and
  (c) provide assistant caregivers in a group  family  child  care  home
with  any  and  all  employment benefits as may be required by state and
federal law, including paying such caregivers at least the minimum  wage
set forth in article nineteen of the labor law;
  (iv)  ensure  that  each  caregiver  and  any  assistant caregiver has
received or will receive not less than fifteen hours of training  within
the  first  year  of  their registration or licensure, and each biennial
period thereafter, which training shall begin prior  to  or  within  the
first  three months after the placement with such child care provider of
the first child whose child care  is  subsidized  through  attending  or
completing  programs that upon completion provide six hours of training.
Such training shall include, but shall not be limited to, the  following
topics:
  (a) principles of early childhood development;
  (b) nutrition and health needs of infants and children;
  (c) child care program development;
  (d) safety and security procedures;
  (e) business record maintenance and management;
  (f) child abuse and maltreatment identification and prevention;

  (g) all laws, regulations and rules pertaining to child care and child
abuse and maltreatment.
  e.  Within  sixty  days  of receipt of written approval of the plan or
amendments to any existing plan submitted pursuant to subdivision  d  of
this  section,  the  administration  shall  take  all steps necessary to
implement such plan or amended plan and monitor compliance by child care
providers and any authorized family child care service.
  f. In drafting a plan or amendments to any existing plan  as  required
by  subdivision d of this section, the administration shall include such
other provisions as are necessary to implement the requirements of  this
section.
  g.  In  the  event that any portion of the plan or any of the proposed
amendments to an existing plan submitted pursuant to  subdivision  d  of
this  section  is  not  approved,  that disapproval shall not affect any
other provision of such plan or amendment and each  provision  shall  be
implemented and enforced to the extent approved by the state.
  h.  Nothing  in  the  plan submitted pursuant to subdivision d of this
section is intended to be nor shall it be construed in such a manner  as
to  be  inconsistent with any provision of federal law or any regulation
promulgated thereunder, nor shall be it be construed  as  affecting  any
provision of section three hundred ninety of the social services law and
any  regulations  promulgated  thereunder  authorizing  any  enforcement
activity against a child care provider including, but not limited to,  a
proceeding   to  suspend,  revoke,  limit  or  terminate  a  license  or
registration to provide child care. If any provision is so construed  by
a  court  of law or if a written determination or other notice is issued
by a state or federal agency or office that there will be a  significant
loss  of  funding  as a result of any provision, such provision shall be
null and void.
  * NB There are 2 § 21-120.1's

Section 21-120.2

Section 21-120.2

  §  21-120.2  Home  care  services.--Not  later  than  January 1, 1993,
pursuant to social services law section 367-n(3),  the  commissioner  of
social services shall submit to the state departments of social services
and  health  a  request for a waiver, in lieu of a delegation plan, from
the requirement of social services law section 367-n(2).

Section 21-120.3

Section 21-120.3

  §  21-120.3  Temporary task force on child care funding.  a. Not later
than thirty days from the effective date of  this  section  as  amended,
there  shall be a temporary task force on child care funding established
by the mayor which shall consist of representatives of each city  agency
authorized  to  license,  permit, fund, or otherwise regulate child care
facilities or services and such other persons as shall be  provided  for
in  this  section.  City agency representatives to such task force shall
include, but shall not be  limited  to,  representatives  of  the  human
resources  administration  and  the  department  of  health  and  mental
hygiene. The comptroller of  the  city  of  New  York  may  designate  a
representative  to  serve on such task force. Additional members of such
task force shall be appointed as follows: five members appointed by  the
speaker  of  the  council and six, including the chairperson of the task
force, by the mayor. Such additional members of  the  task  force  shall
include,  but  shall  not  be  limited to, representatives of child care
providers. The members of the task  force,  including  the  chairperson,
shall serve without compensation.
  b. Not later than seven months from the effective date of this section
as  amended, the temporary task force on child care funding shall submit
a report to the mayor and the speaker of the council. Such report  shall
include,  but shall not be limited to: (1) identification of the current
public and  private  funding  sources  for  child  care  facilities  and
services;  (2)  analysis  of  the allocation and use of the public funds
provided to such child care facilities and services; (3) recommendations
to improve the funding of such child care facilities and  services;  and
(4)   recommendations   to  eliminate  or  reduce  the  duplication  and
fragmentation  of  child  care  services  and  otherwise   enhance   the
efficiency, effectiveness and economy of service delivery.
  c.   During   its   deliberations,  the  task  force  may  invite  the
participation of child care providers, parents of children  enrolled  in
child  care programs and not-for-profit child advocacy organizations. To
facilitate such deliberations, the task force shall hold  a  minimum  of
two public hearings, one of which shall be held in the evening to permit
greater parental participation.

Section 21-123.

Section 21-123.

  § 21-123. Temporary commission on childhood and child caring programs.
  a. There is hereby established a temporary commission on childhood and
child  caring  programs  consisting  of fifteen members. The mayor shall
appoint nine members, one  of  whom  shall  serve  as  chairperson.  The
speaker  of  the  council shall appoint six members. None of the fifteen
members appointed by the mayor or the speaker shall be elected officials
or employees of the city of New York. In addition, the president of  the
council,   the  comptroller,  the  human  resources  administrator,  the
chancellor of the board of education of the city, the chairperson of the
general welfare committee  of  the  council,  the  commissioner  of  the
department of health and mental hygiene of the city, the commissioner of
the  department of mental health of the city, the speaker of the council
or his or her representative, and a representative from  the  office  of
the  mayor  shall  each  serve as a non-voting, ex-officio member of the
commission or shall designate a person to serve in his or her place. The
commissioner of the department of social services of the  state  of  New
York  may,  at  his or her discretion, serve as a non-voting, ex-officio
member of the commission or designate a person to serve in  his  or  her
place. Such commission shall have a duration of nine months. The members
of the commission shall be appointed within thirty days of the effective
date  of  this  section.  Each member, including each ex-officio member,
shall serve without compensation for the duration of the commission.
  b. The commission may appoint an executive director to  serve  at  its
pleasure  and  may employ or retain such other employees and consultants
as are necessary to fulfill its  functions,  within  appropriations  for
such purposes.
  c.  On  or  before  the  thirtieth  day  of September nineteen hundred
ninety-one, the commission shall issue a report to  the  mayor  and  the
council.  The report shall make specific recommendations with respect to
the areas listed below and shall include an  assessment  of  the  fiscal
implications of such recommendations:
  1. The role of childhood and child caring programs in education;
  2.  The  role  of  childhood  and  child  caring programs in providing
support to families;
  3. The role of  childhood  and  child  caring  programs  in  community
development;
  4.  The  role of childhood and child caring programs for children with
special needs, including, but not limited to, children with  mental  and
physical  disabilities,  homeless  children  and  children  in  need  of
preventive services;
  5. The role of childhood and child caring programs in welfare reform;
  6. The role  of  employers  in  the  public  and  private  sectors  in
providing childhood and child caring programs;
  7.  Methods to increase the number of licensed day care facilities and
family day care providers  and  to  recruit  and  retain  personnel  for
childhood  and child caring programs, including, but not limited to, tax
incentives;
  8. Methods to obtain additional  resources  for  childhood  and  child
caring programs and to improve the allocation of existing resources;
  9.  Methods to make childhood and child caring programs affordable for
more families; and
  10. The need,  if  any,  to  change  licensing  standards  to  promote
childhood and child caring programs.
  d.  Notwithstanding  subdivision  a  of  this section, the mayor shall
appoint four additional members to the commission, and  the  speaker  of
the  council  shall  appoint two additional members. None of the members
appointed pursuant to this subdivision shall  be  elected  officials  or

employees  of  the  city of New York. Each additional member shall serve
without compensation for the duration of the commission.

Section 21-124.

Section 21-124.

  §  21-124.  Prohibiting  the use of Tier I shelters. a. The city shall
not establish henceforth any Tier I shelters as defined in  18  NYCRR  §
900.2  through  § 900.18. After September 30, 1991, the city of New York
shall not operate any Tier I shelters.
  b. 1. No homeless family shelter shall be established which  does  not
provide  a  bathroom,  a  refrigerator  and  cooking  facilities  and an
adequate sleeping area within each unit within  the  shelter  and  which
otherwise  complies with state and local laws. All Tier II shelter units
shall be such that they may  be  converted  to  be  used  for  permanent
housing with a minimum of structural change.
  2.  The  following  units  are exempted or partially exempted from the
provisions of paragraph one of this subdivision: (i) the Tier  II  units
presently  in operation shall be exempt; (ii) the 2,450 units of Tier II
shelter housing currently in the construction pipeline shall be  exempt;
and  (iii)  units  in  facilities  for  battered  women or substance and
alcohol abusers which meet all state requirements for such programs  may
provide congregate dining and bathing arrangements.
  3. The requirements of this subdivision shall not apply in cases where
the provisions of § 21-121 (3) are invoked.
  c. Until June 30, 1992, notwithstanding any provision of this section,
the  mayor  may  authorize  homeless  families  to  be  sheltered in any
facility approved by the appropriate state authority  for  such  purpose
upon  a  finding  by  the  commissioner  that the city has more homeless
families in need of shelter than the system  can  accommodate,  for  the
following  reasons:  (1)  the  pattern  of  length  of  stay of families
entering the system  each  month  shows  that  the  length  of  stay  is
increasing   over   time;   (2)  the  city  has  experienced  unexpected
impediments to  the  construction  or  rehabilitation  of  permanent  or
transitional   housing   units,  including,  but  not  limited  to  work
stoppages, natural disasters, unanticipated site conditions relating  to
such  matters  as  soil  conditions,  contractor delays, availability of
sewers, or the presence of asbestos which requires remedial action;  (3)
the  city  has  not  obtained  necessary approval for sites selected for
facilities  to  shelter   homeless   families;   (4)   construction   or
rehabilitation   of  permanent  or  transitional  housing  for  homeless
families has been and continues to be enjoined by court  order;  (5)  an
emergency such as a flood, earthquake or fire, or a medical emergency as
certified  by the commissioner of health, has rendered existing shelters
unsuitable for use  to  house  homeless  families;  (6)  the  number  of
homeless  families  requesting emergency housing exceeds the capacity of
the  system  at  any  point  in  time;  or  (7)  any   other   emergency
circumstance.  Such  finding  shall be made in writing and shall specify
the time the commissioner anticipates will be needed  for  the  city  to
meet  the  requirements  of  subdivisions a and b. Such finding shall be
delivered  promptly,  and,  when  practicable,  prior  to  the  use   of
facilities  pursuant  to  this subdivision, to the mayor, the speaker of
the council, any council member in whose district  families  are  to  be
sheltered  pursuant to this subdivision, and to the families who receive
shelter in facilities not meeting the requirements of subdivisions a and
b. Within fifteen days of having made such finding, and  at  such  other
times  as the council may request, the mayor shall report to the council
on the plans to meet the requirements of subdivisions a and  b  and  the
progress that has been made in implementing such plans. The commissioner
shall  insure  that  the  social  service  and medical needs of families
sheltered pursuant to this subdivision shall be met in  accordance  with
state  regulations  in  18  NYCRR  §  900.2 through § 900.18 for Tier II
shelters. Notwithstanding  any  provision  of  this  paragraph,  between
September  30,  1991 and June 30, 1992, the shelters located at 282 East

3rd Street and 151 East 151st Street may be used for families except for
homeless families with children.
  d.  Notwithstanding  the provisions of this section, on and after July
1, 1992, the commissioner of social services,  after  consultation  with
the  speaker  of  the  council,  may  certify  that an emergency exists,
pursuant to the criteria expressed in subdivision c, that  requires  the
use  of  tier  I  shelters to meet legal mandates to provide shelter for
homeless persons  and,  upon  transmission  of  such  certification  for
publication  in the City Record together with a statement of the reasons
therefor, which shall include a statement and documentation  that  there
is  no  other  alternative  form of shelter available that complies with
state and local regulations including invoking the powers under § 21-121
(3), may direct the use of such tier I  shelters  which  are  consistent
with  state  and  local  laws  as  are  necessary to meet the emergency;
provided, however, that the commissioner  of  social  services  may  not
utilize  a  tier  I shelter for more than forty-five days unless a local
law shall be enacted permitting such use for the shelter.

Section 21-124.1

Section 21-124.1

  §  21-124.1  Homeless  diversion  teams.  The commissioner shall fully
staff "homeless diversion teams"  at  each  income  support  center  and
emergency   assistance   unit  except  those  that  exclusively  service
individuals. Such homeless diversion teams  shall  screen  families  who
present themselves as being homeless and in need of transitional housing
in  an  effort  to  assist  those  who  can  to return to former housing
situations. Beginning on October 1, 1995 and on the first  day  of  each
succeeding calendar quarter thereafter, the commissioner shall report to
the  speaker  of  the  city council in writing on the homeless diversion
teams  including,  but  not  limited  to,  the   following   information
aggregated on a quarterly and fiscal year annualized basis;
  a. the number of clients interviewed;
  b. the number of clients diverted, how and to where diverted; and
  c.  the  number of clients who presented themselves as homeless during
the reporting period subsequent to a diversion and the  number  of  days
since such initial diversion.

Section 21-125

Section 21-125

  * §  21-125  Computer  linkages  to  any emergency assistance unit and
assessment center. For the purpose of  facilitating  the  provision  and
coordination  of  benefits  to  homeless  individuals  and families, the
commissioner  shall  provide  computer  linkages,  and  personnel  where
necessary  to access such linkages, at any emergency assistance unit and
assessment center as may be operated by, or  under  contract  with,  the
department of homeless services.
  * NB Expired July 1, 1998

Section 21-126

Section 21-126

  §  21-126 Division of AIDS services. There shall be a division of AIDS
services within the New York city department of  social  services.  Such
division  shall  provide  access  to benefits and services as defined in
section  21-128(a)(1)   of   this   chapter   to   every   person   with
clinical/symptomatic  HIV  illness,  as determined by the New York state
department of health AIDS institute, or with AIDS,  as  defined  by  the
federal  centers  for  disease  control  and  prevention,  who  requests
assistance, and shall ensure the provision of benefits and  services  to
eligible persons as defined in section 21-128(a)(3) of this chapter with
clinical/symptomatic HIV illness or with AIDS.

Section 21-127

Section 21-127

  § 21-127 Case management and allowances. The commissioner shall direct
staff  of  the  division  of  AIDS  services  to provide to persons with
clinical/symptomatic HIV illness, as determined by the  New  York  state
department of health AIDS institute, or persons with AIDS, as defined by
the  federal centers for disease control and prevention, who satisfy the
income eligibility requirements for medicaid as  set  forth  in  section
1396  et. seq. of title 42 of the United States code: (i) intensive case
management with an average ratio which shall not exceed  one  caseworker
or  supervisor  to twenty-five family cases, and with an overall average
ratio for all cases which shall not exceed one caseworker or  supervisor
to  thirty-four cases; and (ii) transportation and nutrition allowances.
Such transportation and nutrition allowances shall be provided  to  each
such person in an amount not less than the amount per person provided on
the   effective   date  of  the  local  law  that  added  this  section.
Notwithstanding the requirements of this section,  in  the  event  of  a
material  reduction  in  the state of New York's funding allocation, the
council and the mayor may modify such amount of allowances  pursuant  to
section  107  or sections 254, 255 and 256 of the charter of the city of
New York.

Section 21-128

Section 21-128

  §  21-128  Benefits  and  services  to  be  provided  to  persons with
clinical/symptomatic HIV illness or with AIDS. a. Whenever used in  this
section, the following terms shall be defined as follows:
  1.  "Access  to  benefits  and  services"  shall mean the provision of
assistance   by   staff   of   the   division   to   a    person    with
clinical/symptomatic  HIV  illness  or with AIDS at a single location in
order to  apply  for  publicly  subsidized  benefits  and  services,  to
establish any and all elements of eligibility including, but not limited
to,  those  elements  required to be established for financial benefits,
and to maintain such eligibility and shall include, but not  be  limited
to, assistance provided at a field office of the department, at the home
of  the  applicant  or  recipient, at a hospital where such applicant or
recipient is a patient  or  at  another  location,  in  assembling  such
documentation  as  may be necessary to establish any and all elements of
eligibility and to maintain such eligibility;
  2. "Completed application" means:
  (a) the date on the client's receipt indicating that  the  application
is complete pursuant to paragraph 2 of subdivision c of this section; or
  (b)  where  no  receipt  is provided, the date on which the client has
provided the division with all  of  the  information  and  documentation
necessary to complete the client's application for a benefit or service;
or
  (c)  in  the  case  of  a  separate  determination  of eligibility for
medicaid or food stamps, the date on which a  person's  application  for
public assistance was denied or a recipient's public assistance case was
closed.
  3.  "Division" shall mean the division of AIDS services as established
pursuant to § 21-126  of  this  chapter,  or  its  functional  or  legal
equivalent;
  4. "Eligible person" shall mean a person who satisfies the eligibility
requirements  established pursuant to applicable local, state or federal
statute, law, regulation or rule for the benefits and services set forth
in subdivision b of this section or for any other benefits and  services
deemed appropriate by the commissioner;
  5. "Immediate needs grant" means a pre-investigation grant provided to
a person who appears to be in immediate need;
  6.  "Legally mandated time frame" means the time period within which a
benefit or service must be  provided  to  an  eligible  applicant  under
federal,  state or local law, rule, regulation or by order of a court of
competent jurisdiction;
  7. "Medically appropriate transitional and  permanent  housing"  shall
mean  housing  which  is  suitable for persons with severely compromised
immune  systems,  and  if  necessary,   accessible   to   persons   with
disabilities  as  defined  in  section  8-102 of this code. Such housing
shall include, but not be limited to, individual refrigerated  food  and
medicine  storage  and  adequate  bathroom  facilities which shall, at a
minimum, provide an effective  locking  mechanism  and  any  other  such
measures as are necessary to ensure privacy;
  8. "Non-emergency housing" shall mean housing provided or administered
by  the  division,  including but not limited to programs referred to as
scatter site I housing, scatter site II housing and congregate housing;
  9. "Person with clinical/symptomatic HIV illness or with  AIDS"  shall
mean   a   person   who   has   at   any   time   been   diagnosed  with
clinical/symptomatic HIV illness, as determined by the  New  York  state
department  of  health AIDS institute, or a person with AIDS, as defined
by the federal centers for disease control and prevention;
  10. "Processing time for applications for benefits or services"  means
the  length  of  time required to process an application for benefits or

services administered by the division, which shall not be represented in
terms of averages, but shall be reported in terms of categories covering
various periods of time as follows:
  (a)  for  non-emergency  applications  for  food  stamps, medicaid and
public assistance benefits: 0 to 15 days; 16 to 30 days; 31 to 45  days;
46 to 65 days; 66 to 75 days; and more than 76 days;
  (b)  for immediate needs grants and expedited food stamps: same day; 1
to 5 days; 6 to 10 days; 11 to 17 days; and more than 18 days;
  (c) for all other non-emergency benefits and services,  including  but
not  limited  to exceptions to policy for enhanced rental assistance and
additional allowances: 0 to 15 days; 16 to 30 days; 31 to 45 days; 46 to
75 days; and more than 76 days;
  (d) for all other benefits  and  services  provided  on  an  emergency
basis,   including  benefits  and  services  currently  referred  to  as
"emergency CBCFAs": (i) in  reporting  the  time  frame  from  completed
application  to  approval  or  denial: 0 to 2 days; 3-5 days; 6-10 days;
11-15 days; and more than 16 days; and (ii) in reporting the time  frame
from  approval  to  provision  of  the benefit: 0-1 days; 2-5 days; 6-10
days; 11-15 days; and more than 16 days; and
  (e) for applications for non-emergency housing: 0 to 15 days; 16 to 30
days; 31 to 45 days; 46 to 75 days; 76 to 100 days; and  more  than  100
days.
  11.  "Separate  determination  of  eligibility  for  medicaid  or food
stamps" means a determination regarding eligibility for medicaid or food
stamps made either when a person's application for public assistance has
been denied or when a recipient's public assistance case is closed.
  b. The commissioner  shall  direct  staff  of  the  division  of  AIDS
services  to  provide  access to benefits and services to every eligible
person with clinical/symptomatic HIV illness or with AIDS  who  requests
assistance,  and  shall ensure the provision of benefits and services to
eligible persons with clinical/symptomatic HIV illness  and  with  AIDS.
Any  eligible  person shall receive only those benefits and services for
which  such  person  qualifies  in  accordance   with   the   applicable
eligibility  standards  established  pursuant to local, state or federal
statute, law, regulation or  rule.  Such  benefits  and  services  shall
include,  but  not be limited to: medically appropriate transitional and
permanent housing; medicaid, as set forth in section 1396  et.  seq.  of
title  42  of  the United States code and other health-related services;
home care and home health services as set forth in sections  505.21  and
505.23  of  title 18 of the official compilation of the codes, rules and
regulations of the state of New York;  personal  care  services  as  set
forth  in  section 505.14 of title 18 of the official compilation of the
codes, rules and regulations of the state of New York; homemaker service
as set forth in part 460 of title 18 of the official compilation of  the
codes,  rules  and regulations of the state of New York; food stamps, as
set forth in section 2011 et. seq. of title 7 of the United States code;
transportation and nutrition allowances as required by section 21-127 of
this chapter; housing subsidies, including, but not limited to, enhanced
rental assistance as set forth in section 397.11  of  title  18  of  the
official compilation of the codes, rules and regulations of the state of
New  York; financial benefits; and intensive case management as required
by section 21-127 of this  chapter.  The  commissioner  shall  have  the
authority  to  provide  access  to  additional benefits and services and
ensure the provision of such additional benefits and  services  whenever
deemed  appropriate. The requirements with respect to such access to and
eligibility for benefits and services shall not be more restrictive than
those requirements mandated by state or federal statute, law, regulation
or rule. Within thirty days of the effective date of the local law  that

added  this  section, the commissioner shall establish criteria pursuant
to which an applicant shall be entitled to a home or hospital visit  for
the  purpose  of  establishing eligibility and applying for benefits and
services.
  c.  1.  Upon  written or oral application to the division for benefits
and  services  or  submission  of  documents   required   to   establish
eligibility    for    benefits   and   services   by   a   person   with
clinical/symptomatic  HIV  illness  or  with  AIDS,  such  person  shall
immediately  be  provided with a receipt which shall include, but not be
limited to, the date, a description of the information received,  and  a
statement  as  to whether any application for such benefits and services
is complete  or  incomplete,  and  if  incomplete,  such  receipt  shall
identify   any   information  or  documents  needed  in  order  for  the
application to be deemed complete.
  2. Processing of applications for medically appropriate  non-emergency
housing.
  (a)  Unless  the  client shall decline, the division shall provide the
following to every homeless client of the division on the day the client
is determined to be eligible for services as a client of the division:
  (i) an application for medically  appropriate  non-emergency  housing;
and
  (ii)  information  regarding  financial assistance available to assist
eligible clients in obtaining housing and  regarding  available  housing
options.
  (b)   The  division  shall  ensure  that  every  client  receives  any
assistance needed to complete the application for medically  appropriate
non-emergency  housing  within  10 business days of the day on which the
client is determined to be eligible for services  as  a  client  of  the
division.
  (c)  Within  90  days  of initial placement in emergency housing or of
completion of the physical documentation required from  the  client  for
the  application  for  non-emergency  housing,  whichever is sooner, the
division must provide every client who  is  eligible  for  non-emergency
housing  a  referral to an available medically appropriate non-emergency
housing option, which takes into consideration the medical,  educational
and familial needs and social circumstances of the client, to the extent
such option is available.
  (d)  For  any  client who remains homeless or in emergency housing for
over 45  days  after  the  requirements  of  subparagraph  (c)  of  this
paragraph  or  the  requirements of this subparagraph have been met, the
division shall provide  a  referral  to  another  medically  appropriate
non-emergency housing option, to the extent such option is available.
  3.  Where  no  statute, law, regulation or rule provides a time period
within which a benefit or service  shall  be  provided  to  an  eligible
person  who  requests such a benefit or service, such benefit or service
shall  be  provided  no  later  than  twenty  business  days   following
submission  of  all  information  or documentation required to determine
eligibility.
  d. Where a person with clinical/symptomatic HIV illness or  with  AIDS
who  applies  for  benefits  and  services,  or  access  to benefits and
services, indicates that one or more minor children reside with  him  or
her  or  are  in  his or her care or custody, such person shall be given
information and program referrals on  child  care  options  and  custody
planning, including the availability of standby guardianship pursuant to
section  1726 of the surrogate's court procedure act of the state of New
York and referral to legal assistance programs.

  e. Recertification of eligibility, as required by any state or federal
law, statute, regulation or rule shall be conducted no  more  frequently
than mandated by such statute, law, regulation or rule.
  f.   Eligibility   for   benefits   and   services  for  persons  with
clinical/symptomatic HIV illness or with  AIDS  may  not  be  terminated
except   where   the  recipient  is  determined  to  no  longer  satisfy
eligibility requirements, is deceased,  or  upon  certification  by  the
commissioner  that  the recipient cannot be located to verify his or her
continued  eligibility  for  benefits  and  services.  In   the   latter
circumstance,  the division shall conduct a reasonable good faith search
for at least a ninety-day period  to  locate  the  recipient,  including
sending  written  notice by certified mail, return receipt requested, to
the last known address of such recipient,  requiring  the  recipient  to
contact the division within ten days.
  g.  Not later than sixty days from the effective date of the local law
that added this section, the commissioner shall prepare a  draft  policy
and  procedures  manual  for  division staff. Such policy and procedures
manual shall include, but  not  be  limited  to,  strict  guidelines  on
maintaining  the  confidentiality  of  the  identity  of and information
relating to  all  applicants  and  recipients,  instructional  materials
relating  to  the  medical  and  psychological  needs  of  persons  with
clinical/symptomatic HIV illness or with AIDS,  application  procedures,
eligibility  standards,  mandated time periods for the provision of each
benefit and service available to applicants and recipients and  advocacy
resources  available to persons with clinical/symptomatic HIV illness or
with  AIDS.  Such  list  of  advocacy   resources   shall   be   updated
semi-annually.  Within  thirty  days  following  the preparation of such
draft policy and procedures manual and prior to  the  preparation  of  a
final  policy  and  procedures manual, the commissioner shall distribute
such draft policy and procedure manual to all  social  service  agencies
and   organizations   that  contract  with  the  department  to  provide
HIV-related services and to  all  others  whom  the  commissioner  deems
appropriate, and hold no fewer than one noticed public hearing at a site
accessible  to  the  disabled,  at  which  advocates, service providers,
persons who have tested positive for HIV, and any other  member  of  the
public shall be given an opportunity to comment on such draft policy and
procedures  manual.  The  commissioner  shall prepare a final policy and
procedures manual within  thirty  days  after  the  conclusion  of  such
hearing  and  shall thereafter review and where appropriate, revise such
policy and procedures manual on an annual basis. The commissioner  shall
provide  for  semi-annual  training,  using  such  policy and procedures
manual, for all division staff.
  h. Not later than sixty days from the effective date of the local  law
that  added this section, the commissioner shall publish a proposed rule
establishing a bill of rights for persons with clinical/symptomatic  HIV
illness  or  with AIDS. Such draft bill of rights shall include, but not
be limited to, an explanation of the benefits  and  services  for  which
persons  with  clinical/symptomatic  HIV  illness  or  with  AIDS may be
eligible; timetables within which such benefits and  services  shall  be
provided  to  eligible  persons;  an  explanation  of an applicant's and
recipient's right to examine his or  her  file  and  the  procedure  for
disputing  any  information  contained  therein;  an  explanation  of an
applicant's and recipient's right to a home or hospital  visit  for  the
purpose  of  applying  for  or  maintaining  benefits  or  services;  an
explanation of the process for requesting a division conference  or  New
York  state  fair  hearing; and a summary of the rights and remedies for
the redress of discrimination as provided for in  title  eight  of  this
code. Within sixty days following the publication of such proposed rule,

and  prior  to  the  publication of a final rule, the commissioner shall
hold no fewer than one noticed public hearing at a  site  accessible  to
the  disabled  at  which  advocates, service providers, persons who have
tested  positive  for  HIV,  and any other member of the public shall be
given an opportunity to comment  on  such  draft  bill  of  rights.  The
commissioner  shall  publish  a  final rule within thirty days after the
conclusion of such  hearing  and  shall  thereafter  review,  and  where
appropriate, revise such bill of rights on an annual basis. Such bill of
rights  shall  be  conspicuously posted in all division offices that are
open to the public and shall be available for distribution to the public
in English, Spanish and any other languages that the commissioner  deems
appropriate.
  i. Not later than ninety days from the effective date of the local law
that  added  this  section, the commissioner shall establish a policy or
procedure  for  overseeing  and  monitoring  the  delivery  of  services
required  pursuant  to this section to persons with clinical/symptomatic
HIV illness or with AIDS which shall include, but  not  be  limited  to,
quality  assurance  measurements.  The  commissioner  shall  submit such
policy or procedure to the mayor and the council in writing  within  ten
days from the date such policy or procedure is established.
  j.  The  commissioner  shall  submit written, quarterly reports to the
mayor and the council that shall, at a minimum,  provide  the  following
information:
  1. The number of persons with clinical/symptomatic HIV illness or with
AIDS  who  requested  benefits or services set forth in subdivision b of
this section or any other benefits or services provided by the division.
  2. The processing time for  applications  for  benefits  or  services,
disaggregated  by  field  office,  type of benefit and individual versus
family case, specified as follows:
  (i) for non-emergency  applications  for  food  stamps,  medicaid  and
public   assistance   benefits,  including  separate  determinations  of
eligibility for medicaid or food stamps:
  (1) the number of days from completed application to the provision  of
the benefit or service; and
  (2)  in  cases  of  denial,  the  number  of  days  from the completed
application to denial of the application.
  (ii) for immediate needs grants and expedited food stamps:
  (1) the number of days from the request date to the date  of  issuance
of a grant; and
  (2)  in  cases  of denial, the number of days from the request date to
the date of denial.
  (iii) for all other non-emergency benefits or services provided by  or
through  any  division  center  or  office, including but not limited to
exceptions to policy  for  enhanced  rental  assistance  and  additional
allowances:
  (1)  (a)  the  number  of  days  from  initial  request  to  completed
application; and
  (b) the number of days from completed application to the provision  of
the benefit or service; and
  (2)  in cases of denial, the number of days from completed application
to denial of the application.
  (iv) for all other benefits  or  services  provided  on  an  emergency
basis,  including  but  not limited to exceptions to policy for enhanced
rental assistance and additional allowances:
  (1) the number of days from initial request to completed application;
  (2) the number of days  from  completed  application  to  approval  or
denial of the application; and

  (3)  the  number  of  days  from  approval  of  an  application to the
provision of the benefit or service.
  (v) for applications for non-emergency housing: (1) the number of days
from a request for housing to completed application;
  (2)  the  number  of  days  from  completed application to approval or
denial of the application;
  (3) the number of days from approval of an application to the date  on
which the client takes occupancy of non-emergency housing; and
  (4) with respect to applications that are approved, the number of days
from  completed  application  to  the  date  on  which  the client takes
occupancy of non-emergency housing.
  3. The number of division staff, by job title,  whose  duties  include
providing  benefits  and  services  or  access  to benefits and services
pursuant to this section,  disaggregated  by  field  office  and  family
versus  overall  cases;  the  number  of  cases  at  each  field office,
disaggregated by family versus overall cases;  and  the  ratio  of  case
managers  and supervisors to clients at each field office, disaggregated
by family versus overall cases.
  4. The number of  cases  closed,  disaggregated  by  the  reasons  for
closure.
  5.  The number of closed cases that were re-opened, the length of time
required to re-open such closed cases, starting from the date  on  which
the  case  was closed, and the total number of cases closed in error and
the length of time required to reopen such closed cases,  starting  from
the date on which the case was closed, disaggregated by field office and
reported in the following categories: 0 to 15 days; 16 to 30 days; 31 to
45  days;  46 to 60 days; 61 to 75 days; 76 to 90 days; and more than 91
days.
  6. The number of administrative fair hearings requested, the number of
fair hearing decisions in favor of applicants  and  recipients  and  the
length  of  time  for  compliance  with  such  fair  hearing  decisions,
disaggregated by decisions where there was compliance within 30 days  of
the decision date and decisions where there was compliance after 30 days
of the decision date;
  7.  The  number of proceedings initiated pursuant to article 78 of the
civil practice law and rules challenging fair hearing decisions, and the
number of article 78  decisions  rendered  in  favor  of  applicants  or
recipients;
  8.  The  number of clients in emergency housing and the average length
of stay, disaggregated on a monthly basis;
  9. The number of facilities used  to  provide  emergency  shelter  for
clients  and the number of units per facility, disaggregated by the type
of facility;
  10. The number of facilities used to provide emergency shelter  placed
on  non-referral  status  for each month in the reporting period and the
number of facilities placed on non-referral  status  that  remedied  the
situation that led to non-referral status.
  11.  The number of facilities used to provide emergency shelter placed
on discontinuance of use status and the number of facilities  placed  on
discontinuance  of  use  status  that remedied the situation that led to
discontinuance of use status.
  12. The number of  requests  for  emergency  housing  assistance,  the
number  of  persons referred to the department of homeless services; the
number of persons referred to commercial single room  occupancy  hotels,
the  average  length of stay in commercial single room occupancy hotels,
the number of applications for non-emergency housing each month; and the
number of persons placed in non-emergency housing each month.

  13. The number of inspections of emergency housing  conducted  by  the
division.
  14.  Quarterly reports required by this subdivision shall be delivered
no later than 60 days after the last day of the time period  covered  by
the  report.  The  first  quarterly  report required by this subdivision
shall be delivered no later than August 31, 2005.
  k. There shall be an advisory board to advise the commissioner on  the
provision  of  benefits and services and access to benefits and services
to persons  with  clinical/symptomatic  HIV  illness  or  with  AIDS  as
required  by  this  section. This advisory board shall consist of eleven
members to be appointed for two-year terms as follows: five members,  at
least three of whom shall be eligible for benefits and services pursuant
to  this  section,  who shall be appointed by the speaker of the council
and six members, including the chairperson of  the  advisory  board,  at
least three of whom shall be eligible for benefits and services pursuant
to this section, who shall be appointed by the mayor. The advisory board
shall   meet   at  least  quarterly  and  members  shall  serve  without
compensation. Such advisory board may formulate  and  recommend  to  the
commissioner  a  policy  or  procedure for overseeing and monitoring the
delivery of services to persons with clinical/symptomatic HIV illness or
with  AIDS  which  may  include  quality  assurance  measurements.  Such
advisory  board shall submit such recommended policy or procedure to the
mayor and the council upon submission to the commissioner.
  l. Centralized housing referral and placement system.
  (1) Development and maintenance  of  referral  and  placement  system.
Within  one  year of the effective date of the local law that added this
subdivision, the commissioner shall establish  and  maintain  a  housing
referral  and  placement  system to track referrals to and placements in
emergency and non-emergency housing  and  to  track  the  conditions  at
emergency  facilities  at  which  clients  with clinical/symptomatic HIV
illness or with AIDS reside. At a  minimum,  the  housing  referral  and
placement  system  required  by  this  subdivision  shall  have:  (i)  a
mechanism to track vacancies at non-emergency housing facilities and  to
match  eligible applicants to appropriate vacancies; (ii) a mechanism to
track conditions at emergency housing facilities; and (iii) a  mechanism
to  track  the  outcome  of  referrals  and  length of stay at emergency
housing facilities and non-emergency housing facilities.

Section 21-130.

Section 21-130.

  §  21-130.  Shelter  and  related  services  for  victims  of domestic
violence.  a. The city shall provide emergency  shelter  and/or  related
services  to  victims  of  domestic  violence  to the extent required by
sections 131-u and 459-a  of  the  social  services  law.  A  victim  of
domestic  violence  shall  include  any  person  over the age of 16, any
married person, or any parent accompanied by his or her minor  child  or
children,  in  situations in which such person, parent or person's child
is a victim of an act which would constitute a violation  of  the  Penal
Law, including, but not limited to acts constituting disorderly conduct,
harassment,   menacing,   reckless  endangerment,  kidnapping,  assault,
attempted assault, or attempted murder; and
  (1) such act or acts have resulted in  actual  physical  or  emotional
injury  or have created a substantial risk of physical or emotional harm
to such person or such person's child; and
  (2) such act or acts are or are alleged to have been  committed  by  a
family or household member.
  Notwithstanding  any  other  provision  of  this  section,  "Family or
household members" shall mean the following individuals:
  (i) persons related by blood or marriage;
  (ii) persons legally married to one another;
  (iii) persons formerly married to one another  regardless  of  whether
they still reside in the same household;
  (iv)  persons  who  have  a child in common regardless of whether such
persons are married or have lived together at any time;
  (v) unrelated persons who are  continually  or  at  regular  intervals
living  in  the same household or who have in the past continually or at
regular intervals lived in the same household; or
  (vi) unrelated persons who have  had  intimate  or  continuous  social
contact with one another and who have access to one another's household.
  b. Victims of domestic violence who apply for emergency shelter and/or
related  services  pursuant  to section 131-u of the social services law
may not be denied emergency shelter or related services solely based  on
lack of documentary evidence of the incidence of domestic violence, such
as a police report or order of protection.

Section 21-131.

Section 21-131.

  * §  21-131. Food Stamp Applications at Emergency Feeding Programs. a.
The commissioner shall arrange for the distribution of applications  for
the  food  stamp  program to all city-funded emergency feeding programs.
For purposes of this section, "emergency feeding program" means  a  food
pantry or soup kitchen.
  b.   Reports   regarding  distribution  of  food  stamp  applications.
Beginning January 1, 2006,  and  on  the  first  business  day  of  each
succeeding  calendar quarter thereafter, the commissioner shall submit a
report to the speaker of  the  city  council  indicating  the  emergency
feeding  programs  to  which  it  distributed  applications in the prior
calendar quarter and the number  of  applications  distributed  to  each
emergency feeding program.
  * NB There are 2 § 21-131's

Section 21-131

Section 21-131

  * §  21-131  Definitions.  a.  For  the  purposes of this section, the
following terms shall have the following meanings:
  1. "Commissioner" shall mean the commissioner  of  the  administration
for children's services.
  2.  "Foster care" shall mean the out-of-home placement of children who
are in the care, custody or guardianship  of  the  commissioner  of  the
administration for children's services.
  3. "Foster care services" shall mean the care of abandoned, destitute,
dependent,  neglected  or  delinquent  children  or  persons  in need of
supervision away from their own homes in institutions, foster  homes  or
temporary  shelters,  in  whole  or in part at public expense, under the
jurisdiction of a social services official or other authorized agency.
  4. "Foster parent" shall mean any person with  whom  a  child  in  the
care,  custody or guardianship of the commissioner of the administration
for children's services is placed for temporary or  long-term  care,  as
defined by section 371 of the social services law.
  5. "Organization" shall mean any individual, association, corporation,
not-for-profit  corporation,  partnership,  institution,  trust, firm or
other entity.
  6. "Parent" shall mean any biological parent.
  7. "Parent advocate" shall mean any parent who has been or has  had  a
child  placed in foster care or who has received preventive services and
who works with and provides advice to parents  regarding  child  welfare
policies  and  practices and parental rights and responsibilities within
the foster care system.
  8. "Preventive services"  shall  mean  supportive  and  rehabilitative
services provided to children and their families for the purpose of:
  (i)  averting  an  impairment  or disruption of a family which will or
could result in the placement of a child in foster care;
  (ii) enabling a child who has been placed in foster care to return  to
his  or  her family at an earlier time than would otherwise be possible;
or
  (iii) reducing the likelihood that a child  who  has  been  discharged
from foster care would return to such care.
  b.  There shall be a child welfare parent advocate advisory committee.
Such committee shall provide recommendations on the  administration  for
children's   services   policies  regarding  foster  care  services  and
preventive services.
  1. The advisory committee shall consist of:
  (i) ten parents  or  parent  advocates  from  organizations  providing
foster  care services pursuant to a contract with the administration for
children's  services   or   receiving   services   directly   from   the
administration  for children's services, or from organizations providing
preventive services pursuant to a contract with the  administration  for
children's   services   or   receiving   services   directly   from  the
administration for children's services, six of whom shall  be  appointed
by  the  commissioner and four of whom shall be appointed by the speaker
of the city council;
  (ii) four foster parents, three of whom  shall  be  appointed  by  the
commissioner  and  one  of whom shall be appointed by the speaker of the
city council; and
  (iii) four parents who have adopted children  formerly  in  the  care,
custody  or  guardianship  of  the  commissioner, three of whom shall be
appointed by the commissioner and one of whom shall be appointed by  the
speaker of the city council.
  2.  Each member of the advisory committee will serve for a term of two
years to commence on the effective date of the local law that added this
section and may be removed from office by the  appointing  official  for

cause.  Any  vacancy occurring other than by expiration of term shall be
filled by the official who appointed the member in the  same  manner  as
the  original  appointment.  A  person  so appointed shall serve for the
unexpired  portion of the term of the member succeeded. The commissioner
shall designate one member to serve as chairperson  and  one  member  to
serve as vice-chairperson.
  3.   Each  member  of  the  advisory  committee  shall  serve  without
compensation.
  4. No person shall  be  ineligible  for  membership  on  the  advisory
committee  because such person holds any other public office, employment
or trust, nor shall any person be made ineligible  to  or  forfeit  such
person's  right  to  any public office, employment or trust by reason of
such appointment.
  5. The advisory committee shall meet at least four times a year.
  6. The advisory committee may  request  and  shall  receive  from  the
administration for children's services all documents otherwise available
to  the  public, including, but not limited to, procedures, requests for
proposals,  contracts,  training   curricula,   year-end   reviews   and
descriptions  of  program evaluation systems. The advisory committee may
not receive information which is required by law to be kept confidential
or which is privileged as attorney-client communications, attorney  work
products or material prepared for litigation.
  7. The advisory committee shall submit to the mayor and to the speaker
of  the city council on an annual basis, no later than October thirtieth
of each year, a report. Such report shall include, but  not  be  limited
to,  recommendations  regarding  the improvement of services provided by
the city  and  non-government  related  service  delivery  systems  with
respect  to  foster  care  services,  preventive  services and any other
aspects of the child welfare system such committee deems relevant.  Such
reports shall be considered public information.
  * NB There are 2 § 21-131's

Section 21-132.

Section 21-132.

  * §  21-132.  Internet  submission  of applications for the food stamp
program. a. Within one year of the effective date of the local law  that
added  this  section,  the  commissioner  shall develop a procedure that
enables applicants for the federal food  stamp  program  to  access  and
submit applications using the internet.
  b.  To  the  extent that the requirement set forth in subdivision a of
this section is subject to the approval of the state office of temporary
and disability assistance or the united states department of agriculture
or any other state or federal agency,  the  commissioner  shall  request
such  permission  within  90 days of the effective date of the local law
that added this section.
  * NB There are 2 § 21-132's

Section 21-133.

Section 21-133.

  §  21-133.  Web-based  information  for  youth  and  young adults aged
sixteen through twenty applying for or receiving public assistance.
  a. Definitions. For the purposes of this section the  following  terms
shall have the following meanings:
  1.  "Public  assistance"  shall  mean safety net assistance and family
assistance  provided  by  the  New  York  city  department   of   social
services/human resources administration;
  2.  "Young adult" shall mean any person between and including the ages
of eighteen and twenty; and
  3. "Youth" shall mean any person between and  including  the  ages  of
sixteen and seventeen.
  b.  Web-based Information. No later than sixty days from the effective
date of the local law that added  this  section,  the  department  shall
publish,  through an easily identifiable link on its website, answers to
frequently asked  questions  relating  to  the  rights  of  and  options
available  to  youth  and  young  adults  who apply for or are receiving
public assistance as head of household, including but not limited  to  a
description  of  how to apply for public assistance, the types of public
assistance that are available,  and  how  recipients  may  satisfy  work
requirements  through  educational activities. Such information shall be
updated as often as necessary and at a minimum on an annual basis.

Section 21-134

Section 21-134

  §  21-134  Cash  assistance application and caseload engagement status
reports for individuals aged sixteen through twenty-four.
  a. Definitions. For the purposes of this section the  following  terms
shall have the following meanings:
  (1)  "BEGIN"  shall  mean  the  New  York  city  department  of social
services/human  resources  administration  program,   known   as   begin
employment  gain independence now, which collaborates with education and
training  providers  to  offer  a  coordinated  program  of   employment
preparation  to  support the efforts of public assistance recipients who
are making the transition to employment;
  (2) "Engageable" shall mean an individual is required  to  participate
in  employment,  programs  or  activities  in  order  to  receive public
assistance;
  (3) "Head of  household"  shall  mean  the  member  of  the  applicant
household  designated by the household to represent the household in all
matters pertaining to its eligibility for and receipt of  various  forms
of public assistance;
  (4)  "Household"  shall  mean a single individual or family, including
couples without dependent  children  who,  or  which,  are  eligible  to
receive public assistance;
  (5)  "Public  assistance"  shall mean safety net assistance and family
assistance  provided  by  the  New  York  city  department   of   social
services/human resources administration;
  (6)  "Unengageable"  shall mean an individual is exempt from having to
participate in employment, programs or  activities  as  a  condition  of
receiving public assistance;
  (7)  "WeCARE"  shall  mean  the  New  York  city  department of social
services/human  resources  administration  program,  known  as  wellness
comprehensive  assessment rehabilitation and employment, which addresses
the needs of public assistance recipients  with  medical  and/or  mental
health  barriers  to  employment  by providing customized assistance and
services to help them achieve their highest levels of  self-sufficiency;
and
  (8)   "WEP"  shall  mean  the  New  York  city  department  of  social
services/human resources  administration  program,  known  as  the  work
experience  program,  which  is  designed  to  provide  a simulated work
experience to individuals receiving public assistance.
  b. Cash assistance caseload engagement  status  report  for  heads  of
household  aged  sixteen  through  twenty-four.  Beginning no later than
April 1, 2013, and no later than the first day of each subsequent month,
the department shall post on its website an updated report regarding the
engagement status of heads of household between and including  the  ages
of  sixteen  and twenty-four, that includes, at a minimum, the following
information disaggregated by the following  categories:  1)  individuals
aged sixteen and seventeen; 2) individuals aged eighteen through twenty;
and  3) individuals aged twenty-one through twenty-four, calculated both
as an actual number and the percentage each such  number  represents  of
the overall cash assistance caseload:
  A.  Total number of recipients of public assistance who self-report as
lacking  a  high  school  degree  or  the  equivalent  at  the  time  of
application.
  B.  Total  number  of  recipients  of  public  assistance  exempt from
engagement and reason for exemption, including but not limited to:
  (a) Total indefinitely unengageable, disaggregated by:
  (i) head of household on supplemental social security income or  other
disability-based income;
  (ii) HIV/AIDS services administration case; and
  (iii) child only case (ages 17 and under).

  (b) Total temporarily unengageable, disaggregated by:
  (i) temporarily incapacitated due to health situation;
  (ii) child under 3 months of age;
  (iii)  supplemental  security  income or other disability-based income
pending or appealing;
  (iv) temporarily exempt; and
  (v) pending WeCARE scheduling/outcome.
  C.  Total  number  of  engageable  recipients  of  public  assistance,
including but not limited to:
  (1) Total engaged in:
  (a) Employment:
  (i) budgeted;
  (ii) not budgeted: no aid to continue;
  (iii) grant diversion; and
  (iv) wage subsidy.
  (b) WEP:
  (i) WEP basic;
  (ii) WEP medical limitations/WeCARE;
  (iii)  WEP  and BEGIN managed activities, or any substantially similar
successor program;
  (iv) WEP special;
  (v) WEP and job skills;
  (vi) WEP and substance abuse treatment;
  (vii) WEP/substance abuse/job search;
  (viii) WEP/substance abuse/training;
  (ix) WEP/WeCARE concurrent activity; and
  (x) WEP and training.
  (c) Other work activity.
  (d) Substance abuse residential treatment.
  (2) Total engaged in other participation, including  but  not  limited
to:
  (a) education/training;
  (b) job search under 12 weeks;
  (c) job search 12 weeks or more;
  (d) student over age 15;
  (e) substance abuse treatment;
  (f) substance abuse/job search;
  (g) substance abuse/training;
  (h) wellness/rehab/WeCARE;
  (i) WeCARE and substance abuse;
  (j) WeCARE vocational rehabilitation;
  (k) WeCARE concurrent activity; and
  (l) needed at home.
  D. Total number of recipients in engagement process, disaggregated by:
  (a) call-in appointment scheduled;
  (b) eligibility call-in appointment scheduled;
  (c) WeCARE assessment scheduled; and
  (d) in review process.
  E. Total number of recipients in a sanction process, disaggregated by:
  (a) in conciliation;
  (b) awaiting conciliation scheduling; and
  (c) taking part in a fair hearing:
  (i) contesting; and
  (ii) not contesting.
  F. Total number of recipients with a sanction in effect.
  c.  Semiannual  report  for  heads  of  household aged sixteen through
twenty.  Within sixty days after June 30, 2013, and  within  sixty  days
following each six month period thereafter, the department shall post on

its  website  a  report  regarding  the total number of individuals aged
sixteen through twenty who applied for  public  assistance  as  head  of
household  during the previous six months and of those, the total number
accepted  and  rejected,  disaggregated  by the following categories: 1)
individuals aged sixteen and seventeen; and 2) individuals aged eighteen
through twenty. For purposes of this subdivision, each six month  period
shall be deemed to end on June 30 and December 31 of each calendar year.

Section 21-135

Section 21-135

  §  21-135  Process  for  youth  and  young  adults  aged 16 through 24
receiving public assistance as head of household.
  a. Definitions. For the purposes of this section the  following  terms
shall have the following meanings:
  (1)  "Basic  literacy level" shall mean a ninth grade reading level as
evaluated by the New  York  city  department  of  social  services/human
resources  administration  when  conducting an employment assessment for
public assistance recipients;
  (2)  "BTW"  shall  mean  the  New  York  city  department  of   social
services/human  resources administration program, known as back to work,
where  a  single  vendor  works  with  individuals  to  assist  them  in
employment  preparation including education and training, as applicable,
and finding employment;
  (3) "Head of  household"  shall  mean  the  member  of  the  applicant
household  designated by the household to represent the household in all
matters pertaining to its eligibility for and receipt of  various  forms
of public assistance;
  (4)  "Household"  shall  mean a single individual or family, including
couples without dependent  children  who,  or  which,  are  eligible  to
receive public assistance;
  (5)  "Public  assistance"  shall mean safety net assistance and family
assistance  provided  by  the  New  York  city  department   of   social
services/human resources administration; and
  (6)   "WEP"  shall  mean  the  New  York  city  department  of  social
services/human resources  administration  program,  known  as  the  work
experience  program,  which  is  designed  to  provide  a simulated work
experience to individuals receiving public assistance.
  b. Written Report: The  commissioner  shall  designate  an  individual
responsible  for  agency oversight of how youth and young adults aged 16
through 24 receiving public  assistance  are  engaged  and  served.  The
department  shall  submit  a report to the council, in writing, no later
than six months from the effective date of this  local  law,  describing
the  process  put  in  place  to serve such youth and young adults. At a
minimum, such report shall include, but not be limited to, a description
of:
  (1) department policies as they relate to federal and  state  mandated
education requirements for youth and young adults aged 16 through 24;
  (2)  the  department's  process  for  determining  whether  a 16 or 17
year-old is interested in educational activities;
  (3) the department's process for referring a 16 or 17 year-old without
a high school diploma or its equivalent to the department  of  education
or other educational opportunities;
  (4)  criteria and/or assessment tools used in determining that a 16 or
17 year-old without a high school diploma or its equivalent cannot  make
satisfactory  progress in obtaining such a diploma or its equivalent and
therefore should be referred to BTW, WEP, or other program;
  (5)  the  department's  process  for  determining  whether  heads   of
household  between and including the ages of eighteen and twenty, who do
not have a high school diploma or  its  equivalent,  are  interested  in
participating  in  appropriate  educational  activities designed to help
them obtain a high school diploma or its equivalent;
  (6) the  department's  process  for  encouraging  heads  of  household
between and including the ages of eighteen and twenty, who do not have a
high  school  diploma  or  its equivalent, to participate in appropriate
educational activities designed  to  help  them  obtain  a  high  school
diploma or its equivalent;

  (7) the department's process for connecting heads of household between
and  including  the  ages of eighteen and twenty, who have a high school
diploma or its equivalent, to educational activities;
  (8)  criteria  used  in  determining that participation in educational
activities by heads of household  between  and  including  the  ages  of
eighteen  and  twenty,  who  do  not  have  a high school diploma or its
equivalent, is not appropriate based on an employment plan;
  (9)  the  department's  process  for  determining  whether  heads   of
household  between and including the ages of twenty-one and twenty-four,
who do not have a high school diploma or its equivalent, are  interested
in  participating in educational activities designed to help them obtain
a high school diploma or its equivalent;
  (10) the department's  process  for  connecting  heads  of  households
between and including the ages of twenty-one and twenty-four, who have a
high school diploma or its equivalent, to educational activities;
  (11)   the  department's  process  for  determining  that  educational
activities are not  appropriate  for  heads  of  household  between  and
including  the  ages of twenty-one and twenty-four without a high school
diploma or its equivalent;
  (12)  the  department's  process  for  making  educational  activities
available  to  individuals  aged  18  through 24 who have not attained a
basic literacy level and are interested in attaining  such  as  part  of
their work activity requirement;
  (13)  the  department's  plan  to  improve  coordination  between  the
department and other city  agencies  and  programs  that  specialize  in
employment services for 16 and 17 year-olds;
  (14)   criteria   used   in   determining   that  a  referral  to  the
administration for children's services is warranted for minors who apply
for public assistance and do not live with a parent or  legal  guardian;
and
  (15)  the  department's  strategy  to  convey  to department staff the
process for assisting young people aged 16 through 24  receiving  public
assistance.