§ 402. Children forbidden in public homes. No public welfare official shall send a child to be cared for in a public home, and no commissioner of public welfare and no superintendent of a public home shall receive a child in a public home, except that a child under the age of two years may be cared for with his mother in a public home. Such child shall not remain in the public home after he becomes two years of age. Provided, however, that when so authorized by the department a child may be sent to a general hospital connected with a public home or to a separate institution located in the grounds of a public home used only for special or temporary care of children. Provided, further, that the provisions of this section shall not be deemed to prohibit the placement of a child or minor in a public institution for children, as defined in section three hundred seventy-one of this chapter.

Terms Used In N.Y. Social Services Law 402

  • Child: means a person actually or apparently under the age of eighteen years;

    2. 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
  • Public institution for children: shall mean an institution which is established and maintained by a public welfare district for the purpose of providing care and maintenance therein for children and minors for whose care such district is responsible and who require care away from their own homes. See N.Y. Social Services Law 371