Section 17-121. Care and treatment of physically handicapped children

a. As
  used in this section, the following terms shall mean or include:
    1. "Physically handicapped child." A person under twenty-one years  of
  age who, by reason of a physical defect or infirmity, whether congenital
  or  acquired by accident, injury or disease, is or may be expected to be
  totally or partially incapacitated for  education  or  for  remunerative
  occupation.
    2.  "Legally  responsible  relatives."  The  parent  or  parents  of a
  physically handicapped child or any other person or persons liable under
  the law for the support of such child.
    3.  "Legal  custodian."  The  parent  or  parents  of   a   physically
  handicapped  child  having  lawful  custody  of such child, or any other
  person or persons having lawful custody of such child.
    b. Whenever the commissioner shall find, after investigation, that any
  physically  handicapped  child  is  in  need  of  surgical,  medical  or
  therapeutic  treatment  or  hospital  care or appliances or devices, the
  commissioner, upon  the  request  or  with  the  consent  of  the  legal
  custodian of such child, may order such surgical, medical or therapeutic
  treatment,   hospital   care   or   appliances  or  devices,  and  after
  investigation as provided in subdivision c hereof, may order the legally
  responsible relatives to pay the cost thereof.
    c. The commissioner shall investigate the financial responsibility  of
  the  legally responsible relatives of such physically handicapped child.
  If the commissioner shall  find,  after  such  investigation,  that  the
  legally responsible relatives of such child are able to pay the whole or
  any  part of the cost of such treatment, care or appliances and devices,
  and if such legally responsible relatives shall fail or refuse to comply
  with an order of the commissioner requiring them to pay the whole or any
  part of such cost, he or she may institute a proceeding  in  the  family
  court  of the state of New York within the city of New York, pursuant to
  the provisions of sections two hundred thirty-two  through  two  hundred
  thirty-five  of  the family court act. Such a proceeding may likewise be
  instituted in the absence of an order requiring payment,  where  ability
  to pay is found.