Section 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 information

  regarding  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