New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 3 - Child-care Agencies
Part 441 - General
Section 441.3 - Voluntary authorized agencies; general terms and conditions
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 441.3
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Governing board.
(1) The legally
constituted board of directors or other governing board of an agency shall
manage the affairs of such agency in accordance with applicable provisions of
law, rules of the State Department of Social Services, the agency's certificate
of incorporation and duly adopted bylaws. In the event an agency operates more
than one institution, the governing board shall appoint a separate advisory
body for each institution operated by such agency, except group
residences.
(2) No member of the
governing board of an agency or any of its advisory bodies may be an employee
of the agency, except that the chief executive officer may serve on such board
or any of its advisory bodies as a nonvoting member.
(3) No member of the governing board of an
agency or any of its advisory bodies may engage, directly or indirectly, in any
business or activity which is in substantial conflict with the proper discharge
of his duties as a member of such governing board or advisory body.
(4) The governing board shall:
(i) appoint a chief executive officer, by
whatever title designated, who shall be responsible to the governing board for
the proper administration of the agency;
(ii) make or cause to be made, receive and
preserve such records and reports as may be required;
(iii) meet as often as may be necessary, at
least four times a year, to assure the proper operation of the agency and to
assure the proper care of children for whom such agency is
responsible;
(iv) maintain and
keep, at the main office of the agency, minutes of each of its
meetings;
(v) make periodic reviews
at least once a year of the agency's written policies on intake for all of its
programs and review its services and programs to determine whether they meet
the needs of the children in its care or would meet the needs of children
awaiting such care and record such reviews in the minutes;
(vi) review the agency's certificate of
incorporation or other organic charter and bylaws at least once every five
years to determine whether they properly reflect the current or proposed
functioning of the agency, and to make amendments accordingly and record such
review in the minutes;
(vii)
develop and maintain a program of orientation and training for all new members
of such board.
(5) The
bylaws of an agency shall provide for the appointment of such standing
committees as may be appropriate and prescribe their functions and
responsibilities.
(6) The governing
board or committee thereof shall visit each institution operated by such
agency, at least annually.
(b) Finances.
(1) The governing board of an agency shall
make provision for:
(i) adequate financial
resources for the operation of such agency's programs;
(ii) assuring adequate supervision of such
agency's property, both real and personal;
(iii) a separate annual budget for each
program operated by such agency with an appropriate allocation for
administrative and centralized costs.
(2) Each agency shall file an annual
financial report with the State Department of Social Services within 90 days
after the close of its fiscal year. Such report shall be prepared in accordance
with generally accepted accounting principles and shall be filed upon forms
prescribed by the department.
(c) Chief executive officer.
(1) The chief executive officer shall direct,
evaluate and coordinate all aspects of an agency's programs. This officer shall
be responsible for the daily administration of the agency in accordance with
the rules of the State Department of Social Services and all other applicable
requirements of law and of the policies of the governing board; for the
supervision and care of children; for admissions and discharges; for continuing
analysis and improvement of programs in light of the needs of the group of
children being served; for the preparation of a plan of service for each child
in care and for the implementation thereof; for staff development and training;
for selection and dismissal of all employees; for preparing the annual budget;
for preparation of all required reports; for exploring and initiating new
programs and services when appropriate; and for coordination with other child
care programs in the community.
(2)
This officer shall be a college graduate, with appropriate training and
experience in the care or education of children.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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