Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Responsibility for children without state residence; license and board
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 1
§ 382. Responsibility for children without state residence; license
and board. 1. Any person, institution, corporation or agency which
shall bring, or cause to be brought, into the state of New York any
child not having a state residence, or which shall receive or accept any
child from outside of the state of New York, not having state residence,
shall be responsible for the care and maintenance of such child whether
placed out, boarded out or otherwise cared for unless adopted by foster
parents. Such responsibility shall continue during the minority of such
child and thereafter until he is self-supporting.

2. (a) It shall be unlawful for any person, agency, association,
corporation, society, institution or other organization, except an
authorized agency, to bring, send or cause to be brought or sent into
the state of New York any child for the purpose of placing or boarding
such child or procuring the placing of such child, by adoption,
guardianship, or otherwise, in a family, a home or institution, except
with an authorized agency, in this state, without first obtaining a
license from the department.

(b) This subdivision shall not apply to a sending agency, as defined
in article two of section three hundred seventy-four-a of this title,
which is located in a state which is a party to the interstate compact
on the placement of children, provided, however, that all persons who
reside in such a state, except officers or employees of the state or a
subdivision thereof who are acting in their official capacity, shall
comply with the provisions of this section.

(c) This section shall not apply to and shall not restrict or limit
the right of a parent, legal guardian, or relative within the second
degree of a child from bringing or sending the child or causing the
child to be brought or sent, into the state of New York for the purpose
of placing out or boarding out the child.

3. Application for a license shall be submitted on a form approved
and provided by the department and be accompanied by proof that the
applicant holds a license, or is approved by the department or similar
body in the state where the applicant resides, or where its chief office
is located, or where it has its place of business.

4. Before bringing, sending, or causing to be brought or sent into
this state any child, the person, agency, association, corporation,
society, institution or other organization, duly licensed as provided in
this section must furnish the department a blanket indemnity bond of a
reputable surety company in favor of the state in the penal sum of not
less than ten thousand dollars. Such bond must be approved as to form
and sufficiency by the department and conditioned as follows:

That such licensee (a) will report to the department immediately the
name of each such child, its age, the name of the state, and city, town,
borough or village, or the name of the country from which such child
came, the religious faith of the parents of the child, the full name and
last residence of its parent or parents, the name of the custodian from
whom it is taken, and the name and residence of the person or authorized
agency with whom it is placed or boarded, released or surrendered, or to
whom adoption or guardianship is granted, and the death of such child or
any reboarding, replacement or other disposition;

(b) will remove from the state within thirty days after written
notice is given any such child becoming a public charge during his

(c) will remove from the state immediately upon its release any such
child who within three years from the time of its arrival within the
state is committed to an institution or prison as a result of conviction
for juvenile delinquency or crime;

(d) will place or cause to be placed or board or cause to be boarded
such child under agreement which will secure to such child a proper
home, and will make the person so receiving such child responsible for
its proper care, education and training;

(e) will comply with section three hundred seventy-three;

(f) will supervise the care and training of such child and cause it
to be visited at least annually by a responsible agent of the licensee;

(g) will make to the department such reports as it from time to time
may require.

5. In the event of the failure of such licensee to comply with the
second and third conditions of the bond hereinbefore mentioned, and to
remove, after thirty days' notice so to do, a child becoming a public
charge, such portion of the bond shall be forfeited to the state or the
county or municipality thereof as shall equal the sum which shall have
been expended by the state or such county or municipality thereof for
the care or maintenance or in the prosecution of such child or for its
return to the licensee.