A social services official may be authorized by the department to operate an institution for children, provided that such facility complies with the provisions of this Part; provided further that such official establishes the need therefor and that suitable care is not otherwise available for children under the care of such official. Application for such approval by the department shall be made in accordance with the requirements for the issuance of an operating certificate, as specified in Parts 476 and 477 of this Title.
N.Y. Comp. Codes R. & Regs. Tit. 18 § 442.3