§ 374-b. Authority to operate agency boarding home. 1. An authorized
agency which is not a court, public board, commission, or official, is
hereby empowered and permitted to operate agency boarding homes in
compliance with regulations of the department; and a social services
official who is authorized to place children in family homes and
institutions, pursuant to section three hundred ninety-eight, may be
authorized by the department to operate agency boarding homes, in
compliance with such regulations, if such official applies for such
authority and demonstrates to the department his need therefor and that
suitable care is not otherwise available for children and/or minors
under the care of such official through an authorized agency under the
control of persons of the same religious faith as such children. No
agency boarding home shall care for more than six children or minors
except that such a home may provide care for more than six brothers and
sisters of the same family. Such homes shall be subject to supervision,
visitation and inspection by the department and shall also be subject to
visitation and inspection by the board.

2. (a) If an authorized agency plans to establish one or more boarding
homes within a municipality, it shall notify the chief executive officer
of the municipality in writing of its intentions and include in such
notice a description of the nature, size and the community support
requirements of the program.

(b) For purposes of this subdivision, "municipality" means an
incorporated village, if a facility is to be located therein; a town, if
the facility is to be located therein, and not simultaneously within an
incorporated village; or a city, except that in the city of New York,
the community board with jurisdiction over the area in which such a
facility is to be located shall be considered the municipality.

3. An authorized agency that has received approval from the office of
children and family services may operate a supervised independent living
program, as defined in section three hundred seventy-one of this title.
The office of children and family services shall promulgate regulations
establishing the standards for approval and operation of supervised
independent living programs.