Section 483-B. Powers and duties of council

1. As used in this section, the
  terms "care", "services", "programs", and "services programs" shall mean
  and  include  care,  maintenance,  services  and  programs  provided  to
  children of the state and their families by or under the jurisdiction of
  a member agency. The term "member agency" shall mean an agency headed by
  a member of the council.
    2. The council shall have the following powers:
    (a) to identify problems and  deficiencies  in  residential  care  and
  community-based services programs and, on a selective basis, to plan and
  make recommendations to the governor for the remedy of such problems and
  deficiencies  and  for  the development of programs of care and services
  for children and their families;
    (b) to make recommendations to improve  coordination  of  program  and
  fiscal  resources  of state-local, public-voluntary care and services to
  children and their families;
    (c) to coordinate program and management research of  member  agencies
  for  the  purpose of monitoring, evaluating or redirecting existing care
  and services programs  or  developing  new  programs,  and  to  conduct,
  sponsor,  or  direct member agencies to undertake such research or other
  activities;
    (d) to review and resolve differences, if any,  concerning  rules  and
  regulations  of each member agency insofar as such rules and regulations
  impact on services programs provided by other member agencies;
    (e) to promulgate, amend and rescind rules and regulations relating to
  the administration and performance of  the  powers  and  duties  of  the
  council pursuant to this article;
    (f)  to  review  significant  state and locally operated and supported
  care and services, plans and proposals for new services for children and
  families to determine whether such services  are  planned,  created  and
  delivered in a coordinated, effective and comprehensive manner;
    (g)  to perform all other things necessary and convenient to carry out
  the functions, powers and duties of the council and  to  effectuate  the
  purposes of this article; and
    (h)  to  accept  and  expend  any  grants,  awards,  or other funds or
  appropriations as may be available to  the  council  to  effectuate  the
  purposes of this article, subject to the approval of the director of the
  budget.
    3.  The  council  shall  review the budget requests of member agencies
  insofar as such budgets jointly affect services  programs  for  children
  and  their  families and shall make comments and recommendations thereon
  to the relevant member agencies and the governor.
    4. (a) The council shall meet on a  regular  basis  to  implement  the
  purposes  of this article and to discuss and resolve disputes, including
  but not limited to disputes between member agencies, relating  to  their
  functions,   powers  and  duties  over  the  provision  of  services  to
  particular children and their families or to categories of  children  or
  child   and   family  problems  when  all  the  internal  statutory  and
  administrative grievance or appeal procedures  applicable  to  a  member
  agency  have  failed  to finally resolve such dispute. The council shall
  direct each member agency to establish and maintain  such  grievance  or
  appeal procedures.
    (b) The council shall direct member agencies to provide an evaluation,
  including  a  diagnostic  study,  of  a  particular child and his or her
  family when there is a dispute as to the appropriate agency  or  program
  in  which  the child should be placed or from which the child and his or
  her family should receive  services,  and,  following  such  study,  the
  council shall order placement of a child with a member agency, or with a
  social services official, or order a member agency to provide or require

  the provision of services to the child and his or her family in a manner
  consistent  with  the  legal  authority  of  the member agency or social
  services official, as applicable.
    (c)  The  council  shall  direct  member  agencies to take appropriate
  direct action  or  to  exercise  their  supervisory  powers  over  local
  officials and agencies, in the resolution of such disputes.
    (d)  The  duty of the council to resolve disputes involving particular
  children may be performed on a selective basis within the discretion  of
  the  council. Exercise of jurisdiction over such disputes by the council
  or appeals to the council therefor shall not be required as a  condition
  precedent  to  the  initiation  of  a  proceeding  pursuant  to  article
  seventy-eight of the civil practice law and rules.
    (e)  A  dispute  relative  to  which  member  agency  shall  have  the
  responsibility  for determining and recommending adult services pursuant
  to sections 7.37 and 13.37 of the  mental  hygiene  law,  section  three
  hundred ninety-eight-c of the social services law, or subdivision ten of
  section  forty-four hundred three of the education law shall be resolved
  in accordance with this subdivision.
    5. (a) Notwithstanding  any  other  provision  of  state  law  to  the
  contrary,  the  council  may  request any member agency to submit to the
  council and such member agency shall submit, to the extent permitted  by
  federal law, all information in the form and manner and at such times as
  the  council  may  require  that  it  is appropriate to the purposes and
  operation of the council.
    (b) The  council  shall  protect  the  confidentiality  of  individual
  identifying  information  submitted  to  or provided by the council, and
  prevent access thereto, by, or the distribution thereof to, persons  not
  authorized by law.