N.Y. Laws » CHAPTER Social Services / ARTICLE Children / TITLE Powers and Duties of Public Welfare Officials
New York Consolidated Laws

N.Y. Social Services Law § 395 (2026)

Responsibility of public welfare districts for the welfare of children

✓ current as of May 2026
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§ 395.  Responsibility of public welfare districts for the welfare of
children.  A public welfare district shall be responsible for the
welfare of children who are in need of public assistance and care,
support and protection, residing or found in its territory, insofar as
not inconsistent with the jurisdiction of a family court.  Such
assistance and care shall be administered either directly by the public
welfare official charged therewith, or by another public welfare
official acting on his behalf by and pursuant to the provisions of this
chapter, or through an authorized agency as defined by this chapter.
Notes of Decisions
Cited in 10 cases, 1985–1992 · leading case: Barnes v. Cnty. of Nassau, 108 A.D.2d 50 (N.Y. App. Div. 1985).
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Barnes v. Cnty. of Nassau, 108 A.D.2d 50 (N.Y. App. Div. 1985). “” Indeed, the duty to care for the welfare of the children is imposed on the county by the State (Social Services Law §§ 395, 398), including the responsibility to place the children in foster homes or other institutions under proper safeguards (Social Services Law § 398 [6]…”
In re Jon K., 141 Misc. 2d 949 (N.Y.C. Fam. Ct. 1988). “) Concomitantly the executive role of the State as guardian and parens patriae, which also encompasses its responsibility to protect all dependent infants and incompetents under its general police powers and duty to provide for the general welfare (see, NY Const, art XVII, § 1;…”
Palmer v. Cuomo, 121 A.D.2d 194 (N.Y. App. Div. 1986). “(Social Services Law § 395.) The HRA Commissioner has the duty to "[sjupervise children who have been cared for away from their families until such children become twenty-one years of age or until they are discharged to their own parents * * * guardians, or adopted.”
In re the Foster Care Status of Shakiba P., 181 A.D.2d 138 (N.Y. App. Div. 1992). “At the commencement of the hearing on March 24, 1992, the Family Court stated that its understanding was that the North Carolina order currently on appeal was issued at a time when the child was neither placed as the result of a child protective proceeding, nor voluntarily…”
Doe v. New York City Dep't of Soc. Servs., 670 F. Supp. 1145 (S.D.N.Y. 1987). “They argue, however, that the local and state social service systems are so intertwined that no effective judgment could be rendered without the cooperation of the state.”
Martin A. v. Gross, 138 Misc. 2d 212 (N.Y. Sup. Ct. 1987). “(See, Social Services Law § 395.) REQUESTED RELIEF The Martin and Bill A.”
People v. Ellman, 135 Misc. 2d 1010 (1987). “, N-PCL 1403, and Social Services Law § 395 et seq., and § 412 et seq.”
Umlauf v. Cnty. of Chautauqua, 132 A.D.2d 958 (N.Y. App. Div. 1987). “reat of harm to the family unit (compare, Holodook v Spencer, 36 NY2d 35 , with Bartels v County of Westchester; 76 AD2d 517 , and Andrews v County of Otsego, 112 Misc 2d 37 ) and is in accordance with constitutional duty imposed under the principle of parens patriae, to care…”
Doe v. Ny City Dept. of Soc. Servs., 670 F. Supp. 1145 (S.D.N.Y. 1987). “They argue, however, that the local and state social service systems are so intertwined that no effective judgment could be rendered without the cooperation of the state.”
In re H. — M. Child., 154 Misc. 2d 438 (N.Y.C. Fam. Ct. 1992). “They were represented by the Commissioner who is statutorily *442 charged with the responsibility for their welfare, care and supervision (see generally, Social Services Law §§ 395, 398 [6] [c], [g] [1]).”
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