§ 376. Certificate to board children and/or minors under age of eighteen years. 1. An authorized agency which shall board out any child and/or minor under the age of eighteen years shall issue to the person receiving such child and/or minor for board a certificate to receive, board or keep a child and/or minor under the age of eighteen years. Prior to issuing such certificate, the agency shall require that an applicant set forth: his or her employment history, provide personal and employment references and sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction. In accordance with the regulations of the office of children and family services, in addition to the requirements set forth in subdivision two of section three hundred seventy-eight-a of this title and paragraph (a) of subdivision one of section four hundred twenty-four-a of this article, the agency shall review information available in the statewide automated child welfare information system to determine whether the applicant previously held such a certificate, or a license or approval as a foster parent and, if so, whether such certificate, license or approval was revoked, not renewed, or a foster child was removed from his or her home for health or safety reasons and shall consider such information in determining whether a certificate should be issued to such applicant. Not until all inquiries are completed and evaluated shall the agency cause such certificate to be issued.

Terms Used In N.Y. Social Services Law 376

  • Authorized agency: means

    (a) Any agency, association, corporation, institution, society or other organization which is incorporated or organized under the laws of this state with corporate power or empowered by law to care for, to place out or to board out children, which actually has its place of business or plant in this state and which is approved, visited, inspected and supervised by the office of children and family services or which shall submit and consent to the approval, visitation, inspection and supervision of such office as to any and all acts in relation to the welfare of children performed or to be performed under this title; provided, however, that on and after June first, two thousand seven, such term shall not include any for-profit corporation or other for-profit entity or organization for the purposes of the operation, management, supervision or ownership of agency boarding homes, group homes, homes including family boarding homes of family free homes, or institutions which are located within this state;

    (b) Any court or any social services official of this state authorized by law to place out or to board out children or any Indian tribe that has entered into an agreement with the department pursuant to section thirty-nine of this chapter;

    (c) Any agency, association, corporation, institution, society or other organization which is not incorporated or organized under the laws of this state, placing out a child for adoption whose admission to the United States as an eligible orphan with non-quota immigrant status pursuant to the federal immigration and nationality act is sought for the purpose of adoption in the State of New York or who has been brought into the United States with such status and for such purpose, provided, however, that such agency, association, corporation, institution, society or other organization is licensed or otherwise authorized by another state to place out children for adoption, that such agency, association, corporation, institution, society or other organization is approved by the department to place out such children with non-quota immigrant status for adoption in the State of New York, and provided further, that such agency, association, corporation, institution, society or other organization complies with the regulations of the department pertaining to such placements. See N.Y. Social Services Law 371
  • Board out: means to arrange for the care of a child in a family, other than that of the child's parent, step-parent or legal guardian, to whom payment is made or agreed to be made for care and maintenance. See N.Y. Social Services Law 371
  • Child: means a person actually or apparently under the age of eighteen years;

    2. See N.Y. Social Services Law 371
  • Foster parent: shall mean any person with whom a child, in the care, custody or guardianship of an authorized agency, is placed for temporary or long-term care, and "foster child" shall mean any person, in the care, custody or guardianship of an authorized agency, who is placed for temporary or long-term care. See N.Y. Social Services Law 371
  • Home: includes a family boarding home or a family free home. See N.Y. Social Services Law 371
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

2. The agency issuing or renewing any such certificate shall forthwith transmit a copy or report thereof to the board.

3. No person shall be certified by more than one authorized agency but any person so certified may receive for care at board or otherwise a child and/or minor under the age of eighteen years from other sources upon the written consent and approval of the certifying agency as to each such child and/or minor.

  Previous section
Next section  
 Title 1 Contents