§ 483-b. Powers and duties of council. 1. As used in this section, the
terms "care", "services", "programs", and "services programs" shall mean
and include care, maintenance, services and programs provided to
children of the state and their families by or under the jurisdiction of
a member agency. The term "member agency" shall mean an agency headed by
a member of the council.

2. The council shall have the following powers:

(a) to identify problems and deficiencies in residential care and
community-based services programs and, on a selective basis, to plan and
make recommendations to the governor for the remedy of such problems and
deficiencies and for the development of programs of care and services
for children and their families;

(b) to make recommendations to improve coordination of program and
fiscal resources of state-local, public-voluntary care and services to
children and their families;

(c) to coordinate program and management research of member agencies
for the purpose of monitoring, evaluating or redirecting existing care
and services programs or developing new programs, and to conduct,
sponsor, or direct member agencies to undertake such research or other
activities;

(d) to review and resolve differences, if any, concerning rules and
regulations of each member agency insofar as such rules and regulations
impact on services programs provided by other member agencies;

(e) to promulgate, amend and rescind rules and regulations relating to
the administration and performance of the powers and duties of the
council pursuant to this article;

(f) to review significant state and locally operated and supported
care and services, plans and proposals for new services for children and
families to determine whether such services are planned, created and
delivered in a coordinated, effective and comprehensive manner;

(g) to perform all other things necessary and convenient to carry out
the functions, powers and duties of the council and to effectuate the
purposes of this article; and

(h) to accept and expend any grants, awards, or other funds or
appropriations as may be available to the council to effectuate the
purposes of this article, subject to the approval of the director of the
budget.

3. The council shall review the budget requests of member agencies
insofar as such budgets jointly affect services programs for children
and their families and shall make comments and recommendations thereon
to the relevant member agencies and the governor.

4. (a) The council shall meet on a regular basis to implement the
purposes of this article and to discuss and resolve disputes, including
but not limited to disputes between member agencies, relating to their
functions, powers and duties over the provision of services to
particular children and their families or to categories of children or
child and family problems when all the internal statutory and
administrative grievance or appeal procedures applicable to a member
agency have failed to finally resolve such dispute. The council shall
direct each member agency to establish and maintain such grievance or
appeal procedures.

(b) The council shall direct member agencies to provide an evaluation,
including a diagnostic study, of a particular child and his or her
family when there is a dispute as to the appropriate agency or program
in which the child should be placed or from which the child and his or
her family should receive services, and, following such study, the
council shall order placement of a child with a member agency, or with a
social services official, or order a member agency to provide or require
the provision of services to the child and his or her family in a manner
consistent with the legal authority of the member agency or social
services official, as applicable.

(c) The council shall direct member agencies to take appropriate
direct action or to exercise their supervisory powers over local
officials and agencies, in the resolution of such disputes.

(d) The duty of the council to resolve disputes involving particular
children may be performed on a selective basis within the discretion of
the council. Exercise of jurisdiction over such disputes by the council
or appeals to the council therefor shall not be required as a condition
precedent to the initiation of a proceeding pursuant to article
seventy-eight of the civil practice law and rules.

(e) A dispute relative to which member agency shall have the
responsibility for determining and recommending adult services pursuant
to sections 7.37 and 13.37 of the mental hygiene law, section three
hundred ninety-eight-c of the social services law, or subdivision ten of
section forty-four hundred three of the education law shall be resolved
in accordance with this subdivision.

5. (a) Notwithstanding any other provision of state law to the
contrary, the council may request any member agency to submit to the
council and such member agency shall submit, to the extent permitted by
federal law, all information in the form and manner and at such times as
the council may require that it is appropriate to the purposes and
operation of the council.

(b) The council shall protect the confidentiality of individual
identifying information submitted to or provided by the council, and
prevent access thereto, by, or the distribution thereof to, persons not
authorized by law.