Section 747. Functions, powers and duties of the board

In  order  to
  effectuate the  purposes  of  the  board  as  set  forth  in  the  state
  constitution  and as described in this article, the board shall have and
  perform the following specific functions, powers and duties:
    1. (a) To visit and inspect, or cause members of its  staff  to  visit
  and  inspect, at such times as the board may consider to be necessary or
  appropriate to help insure  adequate  supervision,  public  and  private
  facilities  or  agencies, whether state, county, municipal, incorporated
  or not incorporated which are in receipt of public funds and  which  are
  of  a  charitable,  eleemosynary, correctional or reformatory character,
  including all reformatories for juveniles  and  facilities  or  agencies
  exercising   custody   of   dependent,  neglected,  abused,  maltreated,
  abandoned or delinquent children or  persons  in  need  of  supervision,
  agencies  engaged  in  the  placing  out  or boarding out of children as
  defined in section three hundred seventy-one of the social services law,
  or in operating homes for unmarried mothers or special care  homes,  and
  facilities  providing  residential care for convalescent, invalid, aged,
  or indigent persons, but excepting state institutions for the  education
  and support of the blind, the deaf and the dumb, and excepting also such
  institutions  as  are  subject  to  the visitation and inspection of the
  state  department  of  mental  hygiene  or  the  state   commission   of
  correction.      As   to   institutions,  whether  incorporated  or  not
  incorporated, having inmates, but not in receipt of public funds,  which
  are   of   a   charitable,  eleemosynary,  correctional  or  reformatory
  character, and agencies, whether incorporated or not  incorporated,  not
  in  receipt  of  public  funds,  which  exercise  custody  of abandoned,
  destitute,  dependent,  neglected,  abused,  maltreated  or   delinquent
  children  or  persons  in  need  of  supervision,  the  board shall make
  inspections, or cause inspections to be made by members  of  its  staff,
  but  solely  as  to  matters  directly  affecting  the  health,  safety,
  treatment and training of their inmates, or of the children under  their
  custody.  Visiting  and  inspecting  as  herein  authorized shall not be
  exclusive of other visiting and inspecting now or  hereafter  authorized
  by law.
    (b) To have full access to the grounds, buildings, records, documents,
  books  and  papers  relating  to any facility or agency subject to being
  visited and inspected by  the  board,  including  all  case  records  of
  inmates and children under their custody and all financial records.
    (c)  Upon  visiting  or  inspecting  any facility or agency under this
  article, inquiry may be made to ascertain  the  quality  of  supervision
  exercised  by  state and local agencies responsible for supervising such
  facilities and agencies,  and  the  quality  of  program  and  operating
  standards established by such state and local agencies, and to ascertain
  the adequacy of such state and local agency supervision to determine the
  following:
    (i)   whether  the  objects  of  the  facility  or  agency  are  being
  accomplished;
    (ii) whether the applicable laws, rules and regulations governing  its
  operation are fully complied with;
    (iii)  its  methods  of  and  equipment  for vocational and scholastic
  education, and whether the same are best suited  to  the  needs  of  its
  inmates or children under their custody;
    (iv)  its  methods  of  administration; and of providing care, medical
  attention, treatment and discipline of its residents and  beneficiaries,
  and  whether the same are best adapted to the needs of the residents and
  beneficiaries;
    (v) the  qualifications  and  general  conduct  of  its  officers  and
  employees;

    (vi) the condition of its grounds, buildings and other property;
    (vii)  the  sources  of  public  moneys received by any institution in
  receipt of public funds and the management and condition of its finances
  generally; and
    (viii) any other matter connected with or pertaining to its usefulness
  and  good  management  or  to  the  interest   of   its   residents   or
  beneficiaries.
    (d) To make a report of such visit and inspection and, notwithstanding
  any  inconsistent provision of law, to transmit copies of such report to
  the governor, the legislature, all state and local governmental agencies
  having supervisory jurisdiction, and to such other governmental agencies
  as the board may consider appropriate, and to make such report available
  for public inspection in accordance with the requirements of the freedom
  of information law, and any other law which may be applicable, provided,
  however, that such disclosure shall be consistent  with  all  applicable
  laws  and regulations governing the safeguarding of confidential records
  and information.
    2. To conduct studies, analyses and research on specific programs  and
  policies  of the state in all matters pertaining to adult and child care
  programs, including care and services provided in a residential setting,
  services and programs designed to maintain the family  structure  intact
  and  to  prevent  or  terminate  the  need for such care away from their
  homes, and any other matter within the scope of  its  functions,  powers
  and  duties  under  this  article;  and  to  advise,  aid and assist the
  governor regarding all policies and programs for child and  adult  care.
  Such  studies,  analyses  and research shall be coordinated with similar
  activities of  all  other  state  agencies  having  responsibilities  or
  authority  to conduct studies, analyses and research pertaining to adult
  and child care programs.
    3. To conduct studies, analyses and research to all matters pertaining
  to human services generally. Such studies, analysis and  research  shall
  be  coordinated  with  similar  activities  of  all other state agencies
  having responsibilities or authority to conduct  studies,  analysis  and
  research pertaining to adult and child care programs.
    4.   To   advocate   the   initiation,  development,  improvement  and
  sponsorship by state and local agencies, both  public  and  private,  of
  such  programs  and  policies  as it may consider desirable in providing
  care and services for children and adults away from their own homes,  or
  which  are  designed  to  prevent  the need for care away from their own
  homes. The board may recommend legislation. The board is  authorized  to
  make application and to appear before any court as a friend of the court
  in  any  action  or  proceeding  pending  before  such  court,  which is
  concerned with issues relevent to the board and within the scope of  its
  functions, powers and duties under this article.
    5.  To  direct an investigation, and to hold hearings relevant to such
  investigation, by a committee of one or more of its members or  by  duly
  authorized employees of the board, of the adequacy of the supervision by
  any  state  or  local  agency  having  jurisdiction over the affairs and
  management of any facility or agency subject to visit and inspection  by
  the  board,  or  over the conduct of its officers and employees. Persons
  designated to make such investigations are empowered to issue compulsory
  process for the attendance of witnesses and production of  any  records,
  documents,  books  or papers relating to any matter under investigation,
  to administer oaths and to take the testimony of any person under  oath.
  Upon  the  conclusion  of  such  investigation,  the  board shall make a
  report,  with  findings  of   fact   and   conclusions   of   law   and,
  notwithstanding  any  other  provision  of  law  to  the contrary, shall
  transmit copies of such report to the  governor,  the  legislature,  all

  governmental   agencies,   both  state  and  local,  having  supervisory
  jurisdiction, and to such other governmental agencies as the  board  may
  consider to be appropriate, and to make such report available for public
  inspection  in  accordance  with  the  requirements  of  the  freedom of
  information law and any other applicable law,  provided,  however,  that
  such  disclosure  shall  be  consistent  with  all  applicable  laws and
  regulations governing  the  safeguarding  of  confidential  records  and
  information.
    6.   To   review  and  comment  on  proposed  legislation,  rules  and
  regulations pertaining to child and adult care. Each division within the
  executive department and all other departments of the state  shall  make
  available  to  the  board any recommendations for legislative changes at
  the  time  such  recommendations  are  made;  any  proposed  rules   and
  regulations,  at  least  thirty days prior to the date they are adopted,
  except for  the  promulgation  of  such  rules  and  regulations  on  an
  emergency basis.
    7.  To  conduct  public hearings with respect to any matter within the
  scope of its functions, powers and duties.
    8. To enter into contracts with other state and federal agencies,  and
  with  individuals  and  organizations to undertake and conduct research,
  studies and analysis of programs in the exercise  of  its  authority  to
  conduct such research, studies and analysis.
    9. To request from any department, division, board, bureau, commission
  or  other  agency  of the state or of any political subdivision thereof,
  and the same are authorized to provide such facilities  and  assistance,
  and  shall  provide  such  data  as  will  enable  the board properly to
  exercise its powers and perform its duties.
    10. To accept as agency  of  the  state  any  gift,  grant,  including
  federal  grant,  devise  or  bequest,  for  any  of the purposes of this
  article. Any moneys  so  received  may  be  expended  by  the  board  to
  effectuate  any purpose of this article, subject to the same limitations
  as to approval of expenditures and audit as  are  prescribed  for  state
  moneys appropriated for the purposes of this article.
    11.  To make an annual report to the governor and the legislature with
  respect to the affairs of the board, and of its recommendations.
    12. To make, amend and rescind rules:
    (a) governing the procedure for visits and inspections by  the  board,
  including  the  furnishing of information to the board as it may require
  on such forms as the board may provide by any facility or agency visited
  and inspected or to be visited and inspected;
    (b) governing  access  to  records  and  meetings  of  the  board,  in
  accordance  with  the  requirements  for such rules under the freedom of
  information law and the open meetings law;
    (c) otherwise necessary to carry out its functions, powers and  duties
  under this article;
    (d) provided, however, that any such rules are adopted by a two-thirds
  vote  of  the  members  of  the  board  and  are  otherwise  adopted and
  promulgated  in  accordance   with   the   procedures   of   the   state
  administrative  procedure act and with the applicable provisions of this
  chapter.
    13. To do  all  things  necessary  or  convenient  to  carry  out  the
  functions, powers and duties expressly set forth in this article.
    14.  The  rights  and  powers  of  the  board  to  visit,  inspect and
  investigate may be enforced by an  order  of  the  supreme  court  after
  notice and hearing, or by indictment by the grand jury of the county, or
  both.
    15.  Any  person  who  intentionally  refuses  to comply with a lawful
  request of the board for access to such persons, premises or information

  as may be required for the board  properly  to  perform  its  functions,
  powers and duties under this act shall be guilty of a misdemeanor.