17 - Powers and duties of the commissioner. - New York Statutes

§ 17. Powers and duties of the commissioner. The commissioner shall (a) determine the policies and principles upon which public assistance, services and care shall be provided within the state both by the state itself and by the local governmental units within the limits hereinafter prescribed in this chapter; (b) make known his policies and principles to local social services officials and to public and private institutions and welfare agencies subject to his regulatory and advisory powers; (c) in consultation with the civil service commission, establish minimum qualifications for positions in local social services departments and classify such positions according to differing capabilities, skills, responsibilities and education suitable to the various phases of welfare administration, not inconsistent with the standards and guidelines of a duly authorized federal agency, having due regard for recruitment of personnel and the requirements and varying types of communities within the state. Notwithstanding any inconsistent provision of law, rule or regulation, when (i) a position is vacant and not filled for a continuous period of three months, and (ii) provided that no person meeting all the prescribed minimum qualifications is available therefore, the local social services commissioner may, if in accordance with federal standards, waive those qualifications which he deems least essential for such position and make a provisional appointment of a person otherwise qualified therefor; (d) submit an annual report to the governor and the legislature prior to the fifteenth day of December of each year. Such annual report shall include the following: the affairs of the department and the status of welfare programs in the state with recommendations for the improvement and development of welfare programs; a report on the department's fair hearing system, as required by section twenty-two of this article; a written evaluation report on the delivery of child welfare services in the state, as required by subdivision five of section four hundred seven of this chapter; a report of the operations of the state central register of child abuse and maltreatment and the various local child protective services, as required by section four hundred twenty-six of this chapter; a report on the number and status and the findings of investigations of deaths of children pursuant to subdivision five of section twenty of this chapter; a report on the progress of the development and operation of the child care review system, as required by subdivision nine of section four hundred forty-two of this chapter; commencing before December fifteenth, nineteen hundred eighty-four and terminating on December fifteenth, nineteen hundred eighty-nine, a progress report on the planning and implementation of the teenage services act as required by the provisions of section four hundred nine-m of title four-B of this chapter; an analysis of the information contained in the registry of community facilities, as required by paragraph (b) of subdivision two of section four hundred sixty-three-a of this chapter; and a report on the operation of the child support enforcement program, as required by chapter six hundred eighty-five of the laws of nineteen hundred seventy-five; (e) work cooperatively with the commissioner of the office of mental health and the commissioner of the office of mental retardation and developmental disabilities to assist the commissioner of education in furnishing integrated employment services to individuals with severe disabilities, including the development of an integrated employment implementation plan pursuant to article twenty-one of the education law; (f) in conjunction with the commissioner of education, develop and annually review a plan to ensure coordination and access to education for homeless children, in accordance with the provisions of sectionthirty-two hundred nine of the education law, and monitor compliance of local social services districts with such plan; (g) require participation of all employees of a child protective service in a training course which has been developed by the office for the prevention of domestic violence in conjunction with the office of children and family services whose purpose is to develop an understanding of the dynamics of domestic violence and its connection to child abuse and neglect. Such course shall: (i) pay special attention to the need to screen for domestic violence; (ii) place emphasis on the psychological harm experienced by children whose environment is impacted by familial violence and accordingly explore avenues to keep such children with the non-abusive parent rather than placing them in foster care further traumatizing both the victim and the children; (iii) provide instruction regarding the scope of legal remedies for the abused parent; (iv) identify obstacles that prevent individuals from leaving their batterers and examine safety options and services available for the victim; (v) provide information pertaining to the unique barriers facing certain immigrant women and the options available under the federal Violence Against Women Act; (vi) analyze procedures available to sanction and educate the abusing partner; and (vii) emphasize the need for the system to hold the abusing partner responsible by appropriate referrals to law enforcement. (h) make available on its website all award allocations for request for proposals issued by the office of children and family services upon release of such awards. Such information shall also include all organizations requesting funding and the amounts requested for each request for proposal. The office of children and family services may also include any other information related to each program that it deems appropriate. (i) exercise such other powers and perform such other duties as may be imposed by law.