Section 398. Additional powers and duties of commissioners of public welfare and certain city public welfare officers in relation to children

Commissioners  of  public  welfare  and  city  public  welfare  officers
  responsible  under  the  provisions  of  a  special or local law for the
  children hereinafter specified shall have powers and perform  duties  as
  follows:
    1.  As to destitute children: Assume charge of and provide support for
  any destitute child who cannot be properly cared for in his home.
    2. As to neglected, abused or abandoned children:
    (a) Investigate the alleged neglect, abuse or abandonment of a  child,
  offer  protective  social  services  to  prevent injury to the child, to
  safeguard his  welfare,  and  to  preserve  and  stabilize  family  life
  wherever  possible  and,  if necessary, bring the case before the family
  court for adjudication and care for the child until the  court  acts  in
  the  matter  and,  in  the  case  of  an abandoned child, shall promptly
  petition the family court to obtain custody of such child.
    (b) Receive and care for any child alleged to be neglected, abused  or
  abandoned  who  is  temporarily  placed  in his care by the family court
  pending adjudication by such court of  the  alleged  neglect,  abuse  or
  abandonment  including the authority to establish, operate, maintain and
  approve facilities for such purpose in accordance with  the  regulations
  of  the  department;  and  receive and care for any neglected, abused or
  abandoned child placed or discharged to his care by the family court.
    (c) Any facility designated as of the effective date of this act shall
  not be  disapproved  except  after  consultation  with  the  designating
  appellate division.
    (d)  The  local  social  services department shall list all facilities
  approved under this article  for  the  temporary  custody  and  care  of
  children remanded by the family court and shall file a copy of that list
  periodically  with  the  clerk of the family court in each county in the
  judicial district in which the facility is located.
    (e) Report to the local registrar of vital statistics of the  district
  in  which the child was found the sex, color, approximate date of birth,
  place of finding, and the name assigned to any child who  may  be  found
  whose  parents  are unknown, within ten days whenever possible after the
  child is found, on a form prescribed therefor by the state  commissioner
  of health, and report the subsequent identification of any such child to
  the state commissioner of health; provided, however, that in the city of
  New York such form shall be prescribed by, and such report shall be made
  to, the department of health.
    (f)  Report  to the local criminal justice agency and to the statewide
  central register for missing children  as  described  in  section  eight
  hundred thirty-seven-e of the executive law such information as required
  on  a  form  prescribed  by the commissioner of the division of criminal
  justice services within forty-eight hours after an  abandoned  child  is
  found.
    3. As to delinquent children and persons in need of supervision:
    (a) Investigate complaints as to alleged delinquency of a child.
    (b)  Bring  such case of alleged delinquency when necessary before the
  family court.
    (c) Receive within fifteen days from  the  order  of  placement  as  a
  public charge any delinquent child committed or placed or person in need
  of  supervision  placed in his or her care by the family court provided,
  however, that the commissioner of the social services district with whom
  the child is placed may apply to the state commissioner or  his  or  her
  designee  for  approval  of  an  additional  fifteen  days, upon written
  documentation to the office of children and  family  services  that  the
  youth  is in need of specialized treatment or placement and the diligent

  efforts by the commissioner of social services to locate an  appropriate
  placement.
    4. As to mentally disabled and physically handicapped children:
    (a)  Obtain  admission to state and other suitable schools, hospitals,
  other institutions, or care in their own homes  or  in  family  free  or
  boarding  homes  or  in  agency  boarding  homes or group homes for such
  children in accordance with the provisions of the  mental  hygiene  law,
  education law and acts relating to the family court.
    (b)  Maintain supervision over such disabled or physically handicapped
  children as are not in institutions, hospitals or schools or  under  the
  jurisdiction of the family court.
    5. As to children born out of wedlock:
    (a)  Provide  care  in  a  family  free or boarding home, in an agency
  boarding home or group home or in an institution for any child born  out
  of  wedlock and for his mother as for any other person in need of public
  assistance and care during pregnancy and during and after delivery, when
  in the judgment of such social services official needed care  cannot  be
  provided  in  the mother's own home. However, nothing in this section or
  elsewhere in this chapter contained shall be construed to make any  such
  child  or his mother ineligible for such care away from home, regardless
  of ability or liability to pay therefor; provided, however, that  except
  as  hereinafter  provided, it shall rest in the discretion of the social
  services official, in view of all the facts and circumstances present in
  each case, to determine whether or not to require such  mother,  or  any
  other  person  or  persons  liable  by  law to contribute to the support
  thereof, to pay all or any part of such cost, pursuant to the provisions
  of this section or any other section of this chapter.  Any  inconsistent
  provision of law notwithstanding, the acceptance by a private authorized
  adoption  agency of an absolute surrender of a child born out of wedlock
  from the mother of such  child  shall  relieve  her  from  any  and  all
  liability  for  the  support  of  such  child. When in the judgment of a
  social services official needed care cannot be provided in the home of a
  minor pregnant with  an  out  of  wedlock  child,  and  he  has  made  a
  determination  pursuant  to  subdivision  one  of  section  one  hundred
  thirty-two  of  this  chapter  not  to  make  an  investigation  of  the
  circumstances  of  such  minor  and  not to require support from persons
  liable therefor, the authorization of such social services  official  of
  necessary  medical  care  for  such  minor shall have the same force and
  effect as a consent executed by a parent or guardian of such minor.
    (b) Institute  proceedings  to  establish  paternity  and  secure  the
  support  and  education  of  any  child  born  out  of wedlock or make a
  compromise with the  father  of  such  child,  in  accordance  with  the
  provisions of law, relating to children born out of wedlock.
    (c) Hold and disburse the money received from such a compromise or pay
  it to the mother if she gives security for the support of the child.
    (d)  When practicable, require the mother to contribute to the support
  of the child.
    6. As to all foregoing classes of children:
    (a) Investigate the family circumstances of each child reported to him
  as destitute, neglected,  abused,  delinquent,  disabled  or  physically
  handicapped  in order to determine what assistance and care, supervision
  or treatment, if any, such child requires.
    (b) Provide for expert mental and physical examination  of  any  child
  whom  he  has  reason  to  suspect  of  mental or physical disability or
  disease and pay for such examination from public funds, if necessary.
    (c) Provide necessary medical or surgical care in a suitable hospital,
  sanatorium, preventorium or other institution or in his own home for any
  child needing such care and pay for such  care  from  public  funds,  if

  necessary.  However,  in the case of a child or minor who is eligible to
  receive care as medical assistance for needy persons pursuant  to  title
  eleven  of  article  five  of  this chapter, such care shall be provided
  pursuant to the provisions of that title.
    (d)  Ascertain  the  financial  ability of the parents of children who
  become public charges and collect toward the  expense  of  such  child's
  care such sum as the parents are able to pay.
    (e)  Collect  from  parents whose children have been discharged to his
  care by the family court such sums as they are ordered to  pay  for  the
  maintenance  of such children and report any failure to comply with such
  order to such court.
    (f) When in his judgment it is advisable for the welfare of the child,
  accept the  surrender  of  a  child  by  an  instrument  in  writing  in
  accordance  with  the  provisions  of  this  chapter.  Any  inconsistent
  provision of law notwithstanding, the acceptance by the social  services
  official  of  a surrender of a child born out of wedlock from the mother
  or father  of  such  child  shall  relieve  the  parent  executing  such
  surrender from any and all liability for the support of such child.
    (g)  (1)  Place children in suitable instances in family homes, agency
  boarding  homes  or  group  homes  or  institutions  under  the   proper
  safeguards,  either  directly  or  through  an authorized agency, except
  that, direct placements in agency boarding homes or group homes  may  be
  made  by  the social services official only if the department shall have
  authorized him or her to operate  such  homes  in  accordance  with  the
  provisions  of  section three hundred seventy-four-b of this chapter and
  only if suitable care is not otherwise available through  an  authorized
  agency  under  the control of persons of the same religious faith as the
  child. Where such official places a child in an  agency  boarding  home,
  group  home  or  institution,  either  directly or through an authorized
  agency, the official shall certify in writing  to  the  department  that
  such placement was made because it offers the most appropriate and least
  restrictive  level  of care and is more appropriate than a family foster
  home placement or that such placement is necessary because there are  no
  qualified  foster  families  available to the district. If the number of
  placements in agency boarding homes, group homes or institutions because
  of a lack of foster parents so warrants in any district, the  department
  shall  assist  such  district  to  recruit  and  train  foster  parents.
  Placements shall be made only in institutions located in this  state  or
  in  such institutions located in an adjoining state as are maintained by
  a corporation  organized  under  the  laws  of  this  state  and  having
  authority  to maintain an institution for the care of children. However,
  all placements shall be made  in  institutions  visited,  inspected  and
  supervised  in  accordance  with  title  three  of article seven of this
  chapter and conducted in conformity with the applicable  regulations  of
  the  supervising  state agency in accordance with title three of article
  seven of this chapter. With the approval of  the  department,  a  social
  services  district  may  place  a  child  in its care and custody or its
  custody and guardianship in a federally funded job corps program and may
  receive reimbursement for the  approved  costs  of  appropriate  program
  administration  and  supervision  pursuant  to  a  plan developed by the
  department and approved by the director of the budget.
    (2) A social services district may place  a  child  in  its  care  and
  custody  or  its custody and guardianship in a home or facility operated
  or licensed by any office of the department of mental  hygiene,  subject
  to  the  relevant provisions of the mental hygiene law and the admission
  criteria of the facility. The director of the budget may authorize  such
  transfers of appropriations under the provisions of section fifty of the

  state  finance  law  as may be necessary to secure federal reimbursement
  for such placements.
    (3) (i) Effective sixty days after the enactment of this subparagraph,
  there  is  hereby  established  within a social services district with a
  population in excess of two million  a  two-year  demonstration  project
  which  affords authorized agencies with which foster children are placed
  enhanced administrative  flexibility.  Pursuant  to  such  demonstration
  project,  an  authorized  agency with which the social services district
  has placed a child shall have the authority to:
    (A) give all necessary consents to the discharge  of  the  child  from
  foster  care when such authorized agency has submitted a written request
  for approval of such discharge to the social services official  and  the
  social  services  official  has  not  disapproved  such discharge within
  thirty days of receiving such request;
    (B) change a goal for  the  child  when  such  authorized  agency  has
  submitted  a  written request for approval of such change of goal to the
  social services official  and  the  social  services  official  has  not
  disapproved such goal within thirty days of receiving such request;
    (C)  commence  a  proceeding  to free the child for adoption when such
  authorized agency has submitted a written request for  approval  of  the
  commencement  of such proceeding to the social services official, if the
  social services official has not disapproved  such  commencement  within
  thirty  days  of  receiving  such  request, in which case such a request
  shall be deemed approved; and
    (D) consent to the adoption of a child whose custody and guardianship,
  or of a child where such child's parents are both deceased, or where one
  parent is deceased and the  other  parent  is  not  entitled  to  notice
  pursuant  to sections one hundred eleven and one hundred eleven-a of the
  domestic relations law, and whose care and custody, has been transferred
  to a social services district and who has  been  placed  by  the  social
  services  official with the authorized agency when the authorized agency
  has submitted a written request for approval to consent to the adoption,
  if the social services district  has  not  disapproved  the  request  to
  consent  to  adoption  within  sixty days after its submission, in which
  case such request shall be deemed approved and the authorized agency may
  give all necessary consent to the adoption of the child.
    (ii) Nothing herein shall result in the transfer of care  and  custody
  or custody and guardianship of a child from the social services official
  to the authorized agency.
    (iii)  Within  three  months  of  the  conclusion of the demonstration
  project, such social services district  shall  issue  a  report  to  the
  department  regarding  the  effectiveness  of the demonstration project.
  Such report shall include recommendations  for  possible  statutory  and
  regulatory amendments in relation to the administration of foster care.
    (4)  A  social  services  district  may  place a child in its care and
  custody or its custody and guardianship in a family  home  certified  by
  the  division  for  youth,  which  shall  not include a group home. Such
  placements shall be subject to the relevant provisions of this  chapter,
  the executive law and the admission criteria of the home.
    (h)  Supervise  children  who  have  been  cared  for  away from their
  families until such children become twenty-one years  of  age  or  until
  they  are  discharged  to  their own parents, relatives within the third
  degree or guardians, or adopted, provided, however, that in the case  of
  a  child  who  is  developmentally  disabled  as such term is defined in
  section 1.03  of  the  mental  hygiene  law,  emotionally  disturbed  or
  physically  handicapped,  and  who  is  receiving  care in a group home,
  agency  boarding  home  or  any  child  care  facility  operated  by  an
  authorized  agency with a capacity of thirteen or more children, and who

  is in receipt of educational services and under the care and custody  of
  a local department of social services, the commissioner of the office of
  children  and family services shall allow such child who reaches the age
  of twenty-one during the period commencing on the first day of September
  and  ending  on  the thirtieth day of June to be entitled to continue in
  such program until the thirtieth day of June or until the termination of
  the school year, whichever shall first occur.
    (i) Provide care in an institution, agency boarding  home,  or  family
  free  or  boarding  home  for  any  destitute  minor between sixteen and
  eighteen years of age who cannot be properly cared for in his own  home,
  either  directly  or  through  authorized  agencies, except that, direct
  placements in agency boarding homes may be made by the  social  services
  official  only  if  the  department shall have authorized him to operate
  such homes in accordance with the provisions of  section  three  hundred
  seventy-four-b  of  this  chapter  and  only  if  suitable  care  is not
  otherwise available through an authorized agency under  the  control  of
  persons  of  the  same  religious  faith  as the child. Such care may be
  continued after the eighteenth birthday of the minor  and  until  he  is
  discharged from care or becomes twenty-one years of age.
    (j) Permit children and minors who are being cared for away from their
  own  homes  as  public  charges  to  retain  the maximum amount of their
  monthly earned income for future identifiable needs in  accordance  with
  the  regulations  of  the department and consistent with the federal law
  applicable to the treatment of income and resources  under  the  aid  to
  families with dependent children program.
    (k) In accordance with regulations of the department, provide suitable
  vocational  training through any institution licensed or approved by the
  state education department, for any minor in his care  who  demonstrates
  to  his  satisfaction  the  possession  of  talent, aptitude and ability
  necessary to benefit therefrom, provided such minor could not  otherwise
  obtain  such  training.  Expenditures  may  be  made for tuition, books,
  supplies, and all other necessary items to enable such minor  to  obtain
  such training.
    (l)   In  accordance  with  regulations  of  the  department,  provide
  maintenance in a summer camp for children and minors who are being cared
  for away from their own homes as public charges, when in his judgment it
  is advisable for the welfare of such children and minors.
    (n) When it is in the best interest of the child, place a child who is
  being returned to foster care, following an interruption in care,  or  a
  child  who  is  being  returned  to  a  family  boarding  home following
  placement in a foster care facility with the foster  care  parents  with
  whom  that  child  was  last  placed,  notwithstanding the provisions of
  subdivisions three and four of section three  hundred  seventy-eight  of
  this  chapter.  When it is in the best interests of the minor parent and
  the minor parent's child or children, place  the  minor  parent  who  is
  being returned to foster care following an interruption in care, and the
  minor  parent's  child  or  children  or  the  minor parent who is being
  returned to a family boarding home following placement in a foster  care
  facility  and  the minor parent's child or children with the foster care
  parents with whom the minor parent was last placed, notwithstanding  the
  provisions  of  subdivisions  three  and  four  of section three hundred
  seventy-eight of this chapter.
    (o) Compliance with a court order enforcing  visitation  rights  of  a
  non-custodial  parent  or  grandparent pursuant to part eight of article
  ten of the family court act, subdivision ten of  section  three  hundred
  fifty-eight-a  or  paragraph  (d)  of  subdivision  two of section three
  hundred eighty-four-a of this chapter, and responsibility for the return
  of such child after visitation so ordered.

    * (p) Provide respite care for children  who  have  special  needs  as
  described  in  subdivision  fifteen  of  this section including, but not
  limited to, those children who are  diagnosed  as  having  AIDS  or  HIV
  related  disease. For the purposes of this paragraph, respite care shall
  mean  the  provision  of  temporary  care and supervision of children on
  behalf of a foster parent of a child with such special needs. Such  care
  may  be  provided  by  a foster family boarding home, an agency operated
  boarding home, a group home, an institution or by  an  authorized  staff
  member of such programs or other provider approved by the local district
  based  on the individual circumstances of the caregiver and the needs of
  the child, for up to three consecutive weeks  but  no  more  than  seven
  weeks in a calendar year. The department shall, by regulation, establish
  standards for respite care and training for the providers of such care.
    * NB There are 2 par (p)'s
    * (p)   Consistent  with  the  provisions  of  this  chapter,  provide
  necessary care, services and supervision including medical  care,  to  a
  child  placed  in foster care pursuant to subparagraph (ii) of paragraph
  (a) of subdivision two of section ten hundred seventeen  of  the  family
  court  act,  and  reimbursement  therefor  to relatives of such child as
  approved foster parents with whom such child is residing.
    * NB There are 2 par. (p)'s
    7. Notwithstanding any inconsistent provisions of law, no city forming
  part of a county public welfare district may hereafter assume any of the
  powers, duties and responsibilties mentioned in this  section.  However,
  this  subdivision  shall not be deemed or construed to prohibit a public
  welfare officer of a city  forming  part  of  a  county  public  welfare
  district  from  exercising  and  performing  on  behalf  of  the  county
  commissioner of public welfare, pursuant  to  the  provisions  of  title
  three-a of article three, any of the powers and duties mentioned in this
  section.  A  city forming part of a county public welfare district which
  heretofore  assumed  or  upon   which   was   heretofore   imposed   the
  responsibility  for  providing  any  or  all of the assistance, care and
  service mentioned in this section, shall hereafter continue to have such
  responsibility,  provided,  however,  that  the  continuance   of   such
  responsibility   shall   be  consistent  with  the  powers,  duties  and
  responsibilities of such city under and pursuant to  the  provisions  of
  title three-a of article three.
    8.  A  public  welfare official who is authorized to place children or
  minors in homes or institutions pursuant to provisions of  this  section
  shall have the power to place children or minors in a public institution
  for children.
    9. A social services official shall have the same authority as a peace
  officer  to  remove a child from his home without an order of the family
  court and without the consent of the parent or  person  responsible  for
  such  child's care if the child is in such condition that his continuing
  in the home presents an imminent danger to the child's life  or  health.
  When a child is removed from his home pursuant to the provisions of this
  subdivision,  the  social  services  official  shall promptly inform the
  parent or person responsible for such child's care and the family  court
  of his action.
    10.  Any  provision  of this chapter or any other law notwithstanding,
  where a foster child for whom a social services official has been making
  foster care payments is in attendance at a college  or  university  away
  from  his  foster family boarding home, group home, agency boarding home
  or institution, a social services official may make foster payments, not
  to exceed the amount which would have been paid to a  foster  parent  on
  behalf  of  said  child  had the child been cared for in a foster family
  boarding home, to such college or university in lieu of payment  to  the

  foster  parents or authorized agency, for the purpose of room and board,
  if not otherwise provided.
    11.  In  the  case  of  a child who is adjudicated a person in need of
  supervision or a juvenile delinquent and is placed by the  family  court
  with  the division for youth and who is placed by the division for youth
  with an authorized agency pursuant to court order, the  social  services
  official  shall  make expenditures in accordance with the regulations of
  the department for the care and maintenance of  such  child  during  the
  term  of  such placement subject to state reimbursement pursuant to this
  title, or article nineteen-G of the executive law in applicable cases.
    12. A social services official shall be  permitted  to  place  persons
  adjudicated in need of supervision or delinquent, and in cities having a
  population  of  one  million  or  more  alleged persons to be in need of
  supervision and persons adjudicated in need of supervision in  detention
  pending  transfer  to a placement, in the same foster care facilities as
  are  providing  care  to  destitute,  neglected,  abused  or   abandoned
  children.  Such foster care facilities shall not provide care to a youth
  in the care of a  social  services  official  as  a  convicted  juvenile
  offender.
    13.  (a)  In  the case of a child with a handicapping condition who is
  placed, pursuant to this chapter, in a foster care agency or institution
  located outside the state, and who attains  the  age  of  eighteen,  the
  social services official shall:
    (i)  determine  whether such child will need services after the age of
  twenty-one, and, if such need exists;
    (ii) assess the nature of the services required;
    (iii) notify the parent or guardian of such child's need for services;
  and
    (iv)  upon  the  written  consent  of  the  parent  or  guardian,  and
  notwithstanding  section  three  hundred  seventy-two  of  this article,
  submit a report on the child's need for services after age twenty-one to
  the department for planning purposes.
    (b) Upon the written consent of the parent or guardian, the department
  shall submit the report received  pursuant  to  paragraph  (a)  of  this
  subdivision to the council on children and families.
    (c)  When a child's report is submitted to the council on children and
  families pursuant to this subdivision, the council shall cooperate  with
  adult  service providers, such as the department of social services, the
  office of mental retardation and developmental disabilities, the  office
  of  mental  health  and  the  office of vocational rehabilitation of the
  education department in planning and coordinating such child's return to
  New York state for adult services. The council shall  arrange  with  the
  appropriate  state agency for the development of a recommendation of all
  appropriate  in-state  programs   operated,   licensed,   certified   or
  authorized  by  such  agency  and which may be available when such child
  attains the age of twenty-one. Such recommendation of all programs shall
  be made available to the parent or guardian of such child at  least  six
  months  before  such  child  attains the age of twenty-one. All records,
  reports and information received, compiled or maintained by the  council
  pursuant  to  this  subdivision  shall be subject to the confidentiality
  requirements of the department.
    14. (a) In the case of a child who is developmentally disabled as such
  term is defined in section 1.03 of the mental hygiene  law,  emotionally
  disturbed or physically handicapped and who is receiving care in a group
  home,  agency  boarding  home, or any child care facility operated by an
  authorized agency with a capacity of  thirteen  or  more  children,  who
  attains the age of eighteen and who will continue in such care after the
  age  of  eighteen,  or  who  is  placed  in  such  care after the age of

  eighteen, the social  services  official  shall  notify  the  parent  or
  guardian  of  such  child  that such care will terminate when such child
  attains the age of twenty-one provided, however, that any such child  in
  receipt  of  educational  services  and  under the care and custody of a
  local department of social services who reaches the  age  of  twenty-one
  during the period commencing on the first day of September and ending on
  the  thirtieth day of June shall be entitled to continue in such program
  until the thirtieth day of June or until the termination of  the  school
  year,  whichever  shall first occur. Such notice shall be in writing and
  shall describe in detail  the  parent's  or  guardian's  opportunity  to
  consent to having such child's name and other information forwarded in a
  report  to  the  commissioner  of  mental health, commissioner of mental
  retardation and developmental disabilities, commissioner of education or
  commissioner of the office of children  and  family  services  or  their
  designees  for the purpose of determining whether such child will likely
  need services after the age  of  twenty-one  and,  if  so,  recommending
  possible adult services.
    (b)   Upon  the  written  consent  of  the  parent  or  guardian,  and
  notwithstanding section three hundred seventy-two of this  article,  the
  social  services official shall submit a report on such child's possible
  need for services after age twenty-one to  the  commissioner  of  mental
  health,   commissioner   of   mental   retardation   and   developmental
  disabilities,  commissioner  of  social  services  or  commissioner   of
  education  or  their  designees  for the development of a recommendation
  pursuant to section 7.37 or 13.37 of the  mental  hygiene  law,  section
  three  hundred  ninety-eight-c  of  this  article  or subdivision ten of
  section four thousand four hundred  three  of  the  education  law.  The
  social  services  official  shall  determine  which  commissioner  shall
  receive the report by considering the child's handicapping condition. If
  the social services official determines that the child will  need  adult
  services  from  the  department and such social services official is the
  commissioner's designee pursuant to this subdivision and  section  three
  hundred  ninety-eight-c  of  this article, such social services official
  shall  perform  the  services  described  in   section   three   hundred
  ninety-eight-c of this article.
    (c) A copy of such report shall also be submitted to the department at
  the  same  time  that  such  report  is submitted to the commissioner of
  mental health, commissioner  of  mental  retardation  and  developmental
  disabilities or commissioner of education or their designees.
    (d)  When the social services official is notified by the commissioner
  who received the report that such state agency is  not  responsible  for
  determining  and  recommending  adult services for the child, the social
  services official shall forward the report to another commissioner;  or,
  if  the  social services official determines that there exists a dispute
  between state agencies as to which state agency has  the  responsibility
  for  determining  and  recommending  adult services, the social services
  official may forward the report to the council on children and  families
  for a resolution of such dispute.
    (e)  The  social  services official shall prepare and submit an annual
  report to the department on October first, nineteen hundred  eighty-four
  and  thereafter  on  or  before  October first of each year. Such annual
  report shall contain the number of cases submitted to each  commissioner
  pursuant  to paragraph (b) of this subdivision, the type and severity of
  the handicapping condition of each such  case,  the  number  of  notices
  received  which  deny  responsibility  for  determining and recommending
  adult services, and other information necessary for the  department  and
  the  council  on  children  and  families  to monitor the need for adult
  services, but shall not contain personally identifying information.  The

  department shall forward copies of such annual reports to the council on
  children  and  families.  All  information  received  by  the council on
  children and families pursuant to this paragraph shall be subject to the
  confidentiality requirements of the department.
    15.  (a)  In  the  case of a child who has special needs due to a high
  level of disturbed behavior, emotional disturbance or physical or health
  needs as determined by the district in accordance  with  the  rules  and
  regulations of the department and who has been placed with a therapeutic
  foster  parent,  the  social  services  official  shall  make  available
  periodic respite care services for such parent,  necessary  consultation
  services  between  the  therapeutic foster care parent and professionals
  familiar with the special needs of the  child  and  such  other  support
  services  as  are reasonably necessary to prevent placement of the child
  in a group home, an agency operated boarding home or an institution.
    (b) Prior to placement of a child who  has  been  determined  to  have
  special  needs  with  a  therapeutic  foster parent, the social services
  official shall require  such  foster  parent  to  complete  an  approved
  training   program.   The   department   shall   not   provide  enhanced
  reimbursement for such placement unless  the  social  services  official
  certifies  that the foster parent has successfully completed an approved
  training program.
    (c) A social services official shall require that the family  services
  plan  developed  pursuant to section four hundred nine-e of this article
  for a child placed with a therapeutic foster parent include a  treatment
  plan  prepared  in  consultation  with the therapeutic foster parent and
  approved by the social services official.
    16. Notwithstanding any provision of law to the contrary, with  regard
  to  the  placement  of  all  categories  of  foster children, the social
  services official or the voluntary authorized agency under contract with
  such official must consider giving preference to placement  of  a  child
  with  an  adult relative over a non-related caregiver, provided that the
  relative caregiver meets relevant child welfare standards.