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 Dec. 21, 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:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 389’s source at nysenate​.gov

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