393-B - Functions, powers and duties of the commission. - New York Statutes

* § 393-b. Functions, powers and duties of the commission. The commission shall have the following functions, powers and duties regarding congregate foster care programs, which are defined for the purposes of this section, as agency-operated boarding homes, group homes, group residences and institutions licensed by the office of children and family services: 1. Investigate those complaints that are brought to the commission's attention in writing, through interviews, or as a result of on-site monitoring regarding the quality of care provided to foster children in congregate foster care programs that are determined to warrant investigation. The commission shall establish procedures for the timely receipt and effective investigation of such complaints, which may include, but not be limited to: visiting, inspecting or conducting other on-site monitoring activities at congregate foster care programs; and conducting any necessary interviews of foster care providers, employees of congregate foster care programs, and foster children and their families. 2. The commission may obtain from the office of children and family services copies of those preliminary and final reports completed by the office pursuant to section four hundred twenty-four-c of this article. 3. The commission may obtain from the office of children and family services copies of fatality reports issued by the office pursuant to subdivision five of section twenty of this chapter and copies of preliminary and final reports issued by a fatality review team pursuant to section four hundred twenty-two-b of this article regarding foster children in the congregate foster care program. 4. The commission shall notify the office of children and family services of any investigation, visit or inspection. The commission shall make findings concerning the matters referred to its attention and, where it deems appropriate, make a report of the final results of the investigation including any recommendations of the commission. Such report and recommendations shall be provided to the office of children and family services and the congregate foster care program. The office of children and family services shall retain the authority and responsibility to determine whether any regulatory violations have occurred and to require any appropriate preventive or remedial action, issue any fiscal penalties, or take any necessary enforcement action against a congregate foster care program or a social services district. The office of children and family services shall provide the commission with a written report of any actions taken regarding each of the commission's recommendations. 5. Establish standards for the provision of training to commission employees charged with investigating complaints under this section. Such standards shall include, but are not limited to: (a) basic training in the principles and techniques of investigation, including relationships with other investigative bodies; (b) legal issues in child protection including the legal rights of children and their families, and of employees and volunteers of congregate foster care programs; (c) methods of identifying, remediating, treating and preventing child abuse and maltreatment; (d) safety and security procedures; and (e) the principles of child development, the characteristics of children in foster care, and techniques of group and child management including crisis intervention. 6. Make an annual report to the governor and the legislature concerning its work under this section during the previous year. Such report shall include, but not be limited to: non-identifying informationregarding the types of investigations completed by the commission, the results of such investigations and any recommendations of the commission to improve the foster care system. 7. Accept, with the approval of the governor, as agent of the state, any grant, including federal grants, or any gift for any of the purposes of this title. 8. Within amounts appropriated, enter into contracts with any person, firm, corporation, municipality or governmental agency for the performance of functions authorized by law. 9. The commission, any member or any employee designated by the commission, shall have access to any congregate foster care program and to such information, books, reports, records and data maintained by the office of children and family services, social services districts or congregate foster care programs deemed necessary for carrying out the commission's functions, powers and duties under this section. Information, books, reports, records and data which are confidential as provided by law shall be kept confidential by the commission, its members and employees and any limitations on the release thereof imposed by law upon the party furnishing the information, books, reports, records or data shall also apply to the commission, its members and employees. * NB Repealed June 30, 2012