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This entry was published on 2014-09-22
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Orders; prohibiting placing out or boarding out; removal
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 1
§ 385. Orders; prohibiting placing out or boarding out; removal. 1.
Prohibiting placing out or boarding out. Whenever the commissioner
shall decide that any disposition of a child under this title has been
made for purposes of gain, or without due inquiry as to the character
and reputation of the person with whom such child is placed, or in such
manner that such child is subjected to cruel or improper treatment or
neglect or immoral surroundings, or in such manner that the religious
faith of the child is not preserved and protected as provided by this
title, the commissioner may issue an order prohibiting such an
authorized agency, association, corporation, institution, society or
other organization from thereafter placing out or boarding out any
child. No such order shall be issued until after an opportunity to be
heard before the commissioner or his designee and after reasonable
notice has been given, with a copy of the charge. A full record of the
proceedings and decision on such hearing shall be kept by the
department. Any such order issued by the commissioner may be revoked by
the commissioner.

2. Whenever the commissioner shall find a minor

(a) placed out or boarded out in a home which is unsuitable or has no
license or certificate, or

(b) cared for under a certificate or license but neglected or without
suitable care or protection, he may order its removal within thirty days
by the agency which placed it and if such order cannot be served upon
such agency, it may be addressed to the public board, commission, or
officer of the county charged with the care of such child. If such
child is not removed within the specified time, the matter may be
brought before the children's court or other court having jurisdiction,
for adjudication and disposition.

3. Review of orders. Any person, agency, association, corporation,
institution, society or other organization, aggrieved by the decision of
the commissioner in making any order pursuant to the provisions of this
title, may institute, in the judicial district in which the applicant
resides or has its chief office, a proceeding under article
seventy-eight of the civil practice law and rules in which the
reasonableness of such decision shall be subject to review.