§ 374-c. Authority to operate group homes. 1. An authorized agency
which is not a court, public board, commission or official is hereby
empowered and permitted to operate group homes in compliance with
regulations of the department. 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 group homes in compliance with such regulations,
provided that such official demonstrates to the satisfaction of the
department the need therefor and that suitable care is not otherwise
available for children under the care of such official through an
authorized agency under the control of persons of the same religious
faith as such children. 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 group
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.