Section 374-C. Authority to operate group homes

1.  An authorized agency
  which is not a court, public board, commission  or  official  is  hereby
  empowered  and  permitted  to  operate  group  homes  in compliance with
  regulations of the department.    A  social  services  official  who  is
  authorized  to place children in family homes and institutions, pursuant
  to  section  three  hundred  ninety-eight,  may  be  authorized  by  the
  department  to  operate group homes in compliance with such regulations,
  provided that such official demonstrates  to  the  satisfaction  of  the
  department  the  need  therefor  and that suitable care is not otherwise
  available for children under  the  care  of  such  official  through  an
  authorized  agency  under  the  control of persons of the same religious
  faith as such children.   Such homes shall be  subject  to  supervision,
  visitation and inspection by the department and shall also be subject to
  visitation and inspection by the board.
    2.  (a)  If  an authorized agency plans to establish one or more group
  homes within a municipality, it shall notify the chief executive officer
  of the municipality in writing of its intentions  and  include  in  such
  notice  a  description  of  the  nature,  size and the community support
  requirements of the program.
    (b)  For  purposes  of  this  subdivision,  "municipality"  means   an
  incorporated village, if a facility is to be located therein; a town, if
  the  facility is to be located therein, and not simultaneously within an
  incorporated village; or a city, except that in the city  of  New  York,
  the  community  board  with  jurisdiction  over the area in which such a
  facility is to be located shall be considered the municipality.