N.Y. Social Services Law Section 389
Penalty for violations

1.

Except as hereinafter provided, any person, corporation, agency, society, institution or other organization, wilfully violating this title, other than § 390-G (Pesticide alternatives)section three hundred ninety-g of this title, or failing to comply with any order which the department is authorized under this title to make, shall be guilty of a misdemeanor.

2.

(a) Any person, corporation, society, institution or other organization who or which violates the provisions of subdivision six of § 374 (Authority to place out or board out children)section three hundred seventy-four of this chapter shall be guilty of a misdemeanor, for the first such offense. Any person, corporation, society, institution or other organization who or which violates the provisions of subdivision six of § 374 (Authority to place out or board out children)section three hundred seventy-four of this chapter, after having been once convicted of violating such provisions, shall be guilty of a felony.

(b)

Notwithstanding the provisions of paragraph (a) of this subdivision, any person, corporation, society, institution or other organization who or which violates subdivision six of § 374 (Authority to place out or board out children)section three hundred seventy-four of this title, where such unlawful compensation or thing of value accepted or received exceeds five thousand dollars in value, shall be guilty of a class E felony as defined in the penal law. Any person, corporation, society, institution, or other organization who or which violates subdivision six of § 374 (Authority to place out or board out children)section three hundred seventy-four of this title, where such unlawful compensation or thing of value accepted or received exceeds five thousand dollars in value, after having been previously convicted of violating subdivision six of § 374 (Authority to place out or board out children)section three hundred seventy-four of this title, shall be guilty of a class D felony as defined in the penal law.

Source: Section 389 — Penalty for violations, https://www.­nysenate.­gov/legislation/laws/SOS/389 (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
Green check means up to date. Up to date

Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 389’s source at nysenate​.gov

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