Section 17. Powers and duties of the commissioner  


Latest version.
  • 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 section
    
      thirty-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.