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This entry was published on 2022-08-19
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SECTION 194
Powers and duties of commissioners of public welfare in relation to public homes
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 5
§ 194. Powers and duties of commissioners of public welfare in
relation to public homes. Commissioners of public welfare shall

1. be responsible for the management of the home and for the care of
its incarcerated individuals,

2. have control of the admission and discharge of incarcerated
individuals of the home,

3. within the limits of the appropriations made for the purpose,
appoint qualified physicians, matrons, nurses, officers and employees,
and vest in them such powers as he may deem necessary for the management
of the home,

3-a. have the authority, in the event the home includes an infirmary
for the care of chronically sick patients, to enter into contracts,
subject to the written approval of the department, with any medical
school or non-profit hospital, organized pursuant to the laws of the
state of New York, whereby such medical school or non-profit hospital
shall agree to provide and supervise all or part of the professional and
related staff necessary for the operation of the infirmary. The
personnel so provided by such medical school or non-profit hospital
shall not be deemed to be employees of the public welfare district.

4. purchase all furniture, implements, food, materials and equipment
necessary for the upkeep of the home and for the care of the needy in
the home, unless such powers have been vested in some other purchasing
agency,

5. classify the incarcerated individuals of the home, and provide the
type of care best fitted to their needs and carry out the
recommendations of the attending physician in regard to their care,

6. establish rules for the administration of the public home and for
the conduct and employment of the incarcerated individuals thereof; but
such rules shall not be valid unless approved in writing by the
department,

7. as far as practicable provide suitable employment for any
incarcerated individual whom the attending physician pronounces able to
work, assigning such incarcerated individuals to such labor in
connection with the farm and garden, or the care and upkeep of the
buildings or other suitable tasks in the public home as they may be
deemed capable of performing, and providing occupational and other
diversions as may be for the best interests of the incarcerated
individuals,

8. when in their individual judgment and discretion it appears
advisable, for purposes of rehabilitation, to provide incentive
compensation to an incarcerated individual, in any amount or amounts
totalling ten dollars or less per month, for work assigned and performed
in or about the public home, farm and garden; but the payment of any
such reward shall not be deemed, for the purposes of any law, to make
the incarcerated individual receiving the same an employee of the public
home or of the county or city maintaining such home,

8-a. deposit as prescribed in section eighty-seven of this chapter,
any and all moneys received by him or her for the use of a particular
incarcerated individual or incarcerated individuals of the public home,

9. when an appropriation is made for the purpose, appoint a
superintendent of the public home who shall reside thereat and exercise
such of the powers and carry out such of the duties above mentioned in
connection with the public home as the commissioner may direct;
provided, however, that the legislative body of the county or city
within which a public welfare district is located may, if adequate
supervisory personnel are on duty at all times, permit the
superintendent to reside off the premises of the public home,

10. reside at the public home unless a superintendent has been
appointed as above provided; provided, however, that the local
legislative body of the county or city within which a public welfare
district is located may, if adequate supervisory personnel are on duty
at all times, permit the commissioner to reside off the premises of the
public home.