N.Y. Laws » CHAPTER Social Services / ARTICLE Children / TITLE Care and Protection of Children
New York Consolidated Laws

N.Y. Social Services Law § 376 (2026)

Certificate to board children and/or minors under age of eighteen years

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 376. Certificate to board children and/or minors under age of
eighteen years. 1. An authorized agency which shall board out any child
and/or minor under the age of eighteen years shall issue to the person
receiving such child and/or minor for board a certificate to receive,
board or keep a child and/or minor under the age of eighteen years.
Prior to issuing such certificate, the agency shall require that an
applicant set forth: his or her employment history, provide personal and
employment references and sign a sworn statement indicating whether the
applicant, to the best of his or her knowledge, has ever been convicted
of a crime in this state or any other jurisdiction. In accordance with
the regulations of the office of children and family services, in
addition to the requirements set forth in subdivision two of section
three hundred seventy-eight-a of this title and paragraph (a) of
subdivision one of section four hundred twenty-four-a of this article,
the agency shall review information available in the statewide automated
child welfare information system to determine whether the applicant
previously held such a certificate, or a license or approval as a foster
parent and, if so, whether such certificate, license or approval was
revoked, not renewed, or a foster child was removed from his or her home
for health or safety reasons and shall consider such information in
determining whether a certificate should be issued to such applicant.
Not until all inquiries are completed and evaluated shall the agency
cause such certificate to be issued.
  2. The agency issuing or renewing any such certificate shall forthwith
transmit a copy or report thereof to the board.
  3. No person shall be certified by more than one authorized agency but
any person so certified may receive for care at board or otherwise a
child and/or minor under the age of eighteen years from other sources
upon the written consent and approval of the certifying agency as to
each such child and/or minor.
Notes of Decisions
Cited in 3 cases, 1993–2008 · leading case: K.S. v. Brookwood Child Care, 158 Misc. 2d 760 (N.Y.C. Fam. Ct. 1993).
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K.S. v. Brookwood Child Care, 158 Misc. 2d 760 (N.Y.C. Fam. Ct. 1993). “It is also obvious that in most instances a child has been in the foster home for a number of years, and that the foster parents’ credentials have been screened initially pursuant to *765 Social Services Law § 376 or Social Services Law § 377, and further validated in the…”
Bursac v. Suozzi, 22 Misc. 3d 328 (N.Y. Sup. Ct. 2008). “Similarly, Joel E and Aracelis E were foster parents who had to be licensed by the State or an authorized foster care agency pursuant to Social Services Law §§ 376 and 377. They provided foster care under a contractual agreement and received compensation for their services under…”
Matter of Lee TT. v. Dowling, 664 N.E.2d 1243 (N.Y. 1996). “Foster parents are licensed by the State or an authorized foster care agency (Social Services Law §§ 376, 377). They provide care under a contractual agreement and are compensated for their services (18 NYCRR 427.”
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