# N.Y. SOS Law § 397: Powers and duties of social services officials in relation to children > New York · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S397 ## Section - **Citation:** N.Y. SOS Law § 397 - **Heading:** Powers and duties of social services officials in relation to children - **Jurisdiction:** New York - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** New York Code / Act SOS / Article 6 / Title 2 / Section 397 ## Text § 397. Powers and duties of social services officials in relation to\nchildren. All social services officials responsible for the\nadministration of safety net assistance to families shall, in relation\nto all children in such families other than delinquent children, persons\nin need of supervision, mentally disabled children, physically\nhandicapped children and children born out of wedlock who shall be cared\nfor under the provisions of the following section, have powers and\nperform duties as follows:\n 1. As to destitute children:\n (a) Investigate the family circumstances of each child reported as\ndestitute in order to determine what care, supervision or treatment, if\nany, such child requires.\n (b) Administer and supervise relief to families with destitute\nchildren when such families are unable to care for such children and\nrelief is necessary to prevent the separation of children from their\nparents.\n (c) Furnish children, whose parents or guardians are unable to do so,\nwith suitable clothing, shoes, books, food and other necessaries to\nenable them to attend upon instruction as required by law.\n 2. As to neglected and abused children:\n (a) Investigate complaints of neglect and abuse of children and offer\nprotective social services to prevent injury to the child, to safeguard\nhis welfare, and to preserve and stabilize family life wherever\npossible.\n (b) Bring such case when necessary before the family court for\nadjudication.\n (c) Institute proceedings in a court of competent jurisdiction against\na parent or adult for neglect or abuse of a child.\n 3. Provide any necessary medical or hospital care for such children\nwhen responsible for the provision of such care under section\nsixty-nine.\n 4. The provisions of this section shall not be deemed to confer on\nsocial services officials responsible only for the authorization of\nsafety net assistance or of safety net assistance and hospital care, any\npowers and duties in relation to destitute and neglected children except\nas follows:\n (a) As to destitute children:\n (1) Authorize relief to families with destitute children when such\nfamilies are unable to care for such children and relief is necessary to\nprevent the separation of children from their parents.\n (2) Furnish children, whose parents or guardians are unable to do so,\nwith suitable clothing, shoes, books, food and other necessaries to\nenable them to attend upon instruction as required by law.\n (b) As to neglected and abused children:\n Report to the county commissioner any complaint they may receive of\nneglect and abuse of children.\n (c) Provide any necessary medical care or hospital care for such\nchildren when responsible for the provision of such care under section\nsixty-nine.\n ## Nearby sections - [N.Y. SOS Law § 395 Responsibility of public welfare districts for the welfare of children](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S395.md) - [N.Y. SOS Law § 396 Health and welfare services to all children](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S396.md) - [N.Y. SOS Law § 397 Powers and duties of social services officials in relation to children](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S397.md) - [N.Y. SOS Law § 398 Additional powers and duties of commissioners of public welfare and certain city public welfare officers in relation to children](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S398.md) - [N.Y. SOS Law § 398-A Standards of payment for foster care](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S398-A.md) - [N.Y. SOS Law § 398-B Transition to managed care](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S398-B.md) - [N.Y. SOS Law § 398-C Powers and duties of the commissioner in relation to children](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S398-C.md) - [N.Y. SOS Law § 398-D Child welfare services community demonstration projects](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S398-D.md) - [N.Y. SOS Law § 398-E Eligibility for protective services, foster care services, and residential services for victims of domestic violence](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S398-E.md) - [N.Y. SOS Law § 398-F Duty to provide luggage to children in foster care](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S398-F.md) - [N.Y. SOS Law § 399 Children discharged from state institutions](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S399.md) - [N.Y. SOS Law § 400 Removal of children](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S400.md) - [N.Y. SOS Law § 401 Births to inmates of public homes](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S401.md) - [N.Y. SOS Law § 402 Children forbidden in public homes](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S402.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NY_ASOS_A6_T2_S397. Check the current official text before relying on it. Not legal advice.