Skip to main content

Social Services Law § 397 · Title 2. Powers and Duties of Public Welfare Officials

Powers and duties of social services officials in relation to children

Verbatim from the official edition

Text — Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)

§ 397. Powers and duties of social services officials in relation to children. All social services officials responsible for the administration of safety net assistance to families shall, in relation to all children in such families other than delinquent children, persons in need of supervision, mentally disabled children, physically handicapped children and children born out of wedlock who shall be cared for under the provisions of the following section, have powers and perform duties as follows:

1. As to destitute children:

(a) Investigate the family circumstances of each child reported as destitute in order to determine what care, supervision or treatment, if any, such child requires.

(b) Administer and supervise relief to families with destitute children when such families are unable to care for such children and relief is necessary to prevent the separation of children from their parents.

(c) Furnish children, whose parents or guardians are unable to do so, with suitable clothing, shoes, books, food and other necessaries to enable them to attend upon instruction as required by law.

2. As to neglected and abused children:

(a) Investigate complaints of neglect and abuse of children and offer protective social services to prevent injury to the child, to safeguard his welfare, and to preserve and stabilize family life wherever possible.

(b) Bring such case when necessary before the family court for adjudication.

(c) Institute proceedings in a court of competent jurisdiction against a parent or adult for neglect or abuse of a child.

3. Provide any necessary medical or hospital care for such children when responsible for the provision of such care under section sixty-nine.

4. The provisions of this section shall not be deemed to confer on social services officials responsible only for the authorization of safety net assistance or of safety net assistance and hospital care, any powers and duties in relation to destitute and neglected children except as follows:

(a) As to destitute children:

(1) Authorize relief to families with destitute children when such families are unable to care for such children and relief is necessary to prevent the separation of children from their parents.

(2) Furnish children, whose parents or guardians are unable to do so, with suitable clothing, shoes, books, food and other necessaries to enable them to attend upon instruction as required by law.

(b) As to neglected and abused children:

Report to the county commissioner any complaint they may receive of neglect and abuse of children.

(c) Provide any necessary medical care or hospital care for such children when responsible for the provision of such care under section sixty-nine.

Source of truth

Edition
Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/SOS397
Text hash
sha256 d6ef0263b023ac8a561781f7384301466a7361f783ba363f15671525f7726aeb
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.