N.Y. Social Services Law § 397 (2026)

§ 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.