N.Y. Comp. Codes R. & Regs. tit. 9 § 8202.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 8202.3 - Resolution of disputes

(a) When there is a dispute as to the appropriate agency or program in which a hard-to-place child should be placed, or from which a hard-to-place child or hard-to-serve child and his or her family should receive services, the council, by and through direct member agencies to provide evaluation of the child and his or her family, including a diagnostic study, and following such study may take the following action:

(1) order the placement of the child with a member agency empowered by law to care for children;

(2) order the placement of the child with a social services official;

(3) order a member agency to provide services to the child and his or her family; or

(4) direct member agencies to require the provision of services to the child and his or her family through the exercise of their supervisory powers over local officials and agencies as may be necessary to resolve the dispute.

(b) The council may resolve disputes involving a hard-to-place child or a hard-to-serve child on a selective basis within the discretion of the council. Nothing in this Part shall be construed to authorize the council to attempt to resolve complaints by families or family members involving agencies which determine eligibility for or provide services, where there are clearly applicable administrative procedures for applying for and receiving those services, or where there are clearly applicable administrative procedures for resolving issues affecting eligibility or scope of services which are currently pending or which may be invoked by the family or family member. In the event that any applicable State or Federal law gives jurisdiction to another State agency to resolve specific interagency disputes, the council will either defer to that agency or work in cooperation with that agency to resolve disputes brought to its attention.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8202.3