N.Y. Social Services Law Section 378
Form, duration and limitation of certificates and licenses


1.

Certificates or licenses to receive, board or keep any child and/or minor shall be in the form prescribed and provided by the department to the effect that such person is regarded by the issuing authorized agency or social services department, as the case may be, as maintaining a home suitable for the care of children and/or minors and specifying the name, address, and religious faith of the person to whom issued, the number of children and/or minors for whom such person is certified or licensed to care and such other information as the department may require.

2.

Such certificates and licenses shall be valid for not more than two years after date of issue but may be renewed or extended subject to regulations established by the office of children and family services.

3.

No such license shall permit the reception for board of more than six children and if there are children not received for board living in the home of a person to whom such license is issued, whether children of such person or otherwise, the sum of the number of such children and of the number of children permitted to be received for board by such license shall not exceed six, excepting, however, that such license may permit the reception for board of additional children if such children (a) are siblings or half-siblings, or are siblings or half-siblings of a child living in the home, (b) are children freed for adoption as defined in subdivision (b) of section one thousand eighty-seven of the family court act, and have been placed for adoption with the person to whom such license is issued, or

(c)

are minor parents who are foster children and the minor parents’ children.

4.

No such certificate shall permit the reception for board of more than six children and/or minors and if there are children under thirteen years of age not received for board living in the home of the person to whom such certificate is issued, whether children of such person or otherwise, the total number of such children and of the number of children and/or minors permitted to be received for board by such certificate shall not exceed six, excepting, however, that such certificate may permit the reception for board of up to two additional children if such children (a) are siblings or half-siblings, or are siblings or half-siblings of a child living in the home, (b) are children freed for adoption as defined in subdivision (b) of section one thousand eighty-seven of the family court act, and have been placed for adoption with the person to whom such certificate is issued, or

(c)

are minor parents who are foster children and the minor parents’ children.

5.

The department shall establish and may alter or amend regulations governing the issuing and revocation of such licenses and certificates and prescribing standards, records, accommodations and equipment for the care of children and/or minors received under such licenses and certificates.

Source: Section 378 — Form, duration and limitation of certificates and licenses, https://www.­nysenate.­gov/legislation/laws/SOS/378 (updated Sep. 22, 2014; accessed May 4, 2024).

371
Definitions Unless the context or the subject matter manifestly requires a different interpretation, when used in this article or in any ...
371‑A
Procedure
371‑B
Citizen review panels
372
Records and reports
372‑B
Adoption services
372‑C
Putative father registry
372‑D
Adoption services
372‑E
Adoption applications
372‑F
Statewide adoption service
372‑G
Abandoned infant protection program
372‑H
Reporting on post adoption services
373
Religious faith
373‑A
Medical histories
374
Authority to place out or board out children
374‑A
Interstate compact on the placement of children
374‑B
Authority to operate agency boarding home
374‑C
Authority to operate group homes
374‑D
Authority to operate public institutions for children
374‑E
Authority to place out or board out children with therapeutic foster parents
374‑F
Authority to enter into leases for dwelling units
375
Requirement of certificate or license to board children
376
Certificate to board children and/or minors under age of eighteen years
377
License to board children
378
Form, duration and limitation of certificates and licenses
378‑A
Access to conviction records by authorized agencies
379
Revocation of certificates and licenses
380
Boarding and free homes
381
Maternity homes
382
Responsibility for children without state residence
383
Care and custody of children
383‑A
Immunity from liability for application of the reasonable and prudent parent standard
383‑B
Medical treatment for abused, neglected and destitute children
383‑C
Guardianship and custody of children in foster care
384
Guardianship and custody of children not in foster care
384‑A
Transfer of care and custody of children
384‑B
Guardianship and custody of destitute or dependent children
384‑C
Notice in certain proceedings to fathers of children born out-of-wedlock
385
Orders
386
Visitation
387
Ineligibility for public foster care funds
388
Special charters
389
Penalty for violations
390
Child day care
390‑A
Standards and training for child day care
390‑B
Criminal history review and background clearances of child care providers, generally
390‑C
Notice of pesticide applications
390‑C*2
Additional powers and duties of the office of children and family services
390‑D
Requiring barriers to be placed around swimming pools and bodies of water on the grounds of family day care homes or group family day car...
390‑E
Criminal history review
390‑F
Report on child care insurance
390‑G
Pesticide alternatives
390‑H
Notice requirement before closing certain day care centers
390‑I
Notice of inspection report
390‑J
Performance summary card in a city having a population of one million or more
390‑K
Child care availability taskforce
390‑L
Securing of furniture
390‑M
Window coverings
391
Violation
392
Services for relative and non-relative kinship caregivers
393
Court review of placement in a qualified residential treatment program
393*2
Consideration of blindness during guardianship, custody or adoption proceedings

Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 378’s source at nysenate​.gov

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