§ 21-106 Payments to private institutions.
AC § 21-106
Payments shall not be made by the city to any charitable, eleemosynary or reformatory institutions wholly or partly under private control, for the care, support, secular education or maintenance of any destitute, neglected or delinquent child therein, except upon the certificate of the commissioner that such child has been received and is retained by such institution pursuant to the rules and regulations established by the state board of social welfare. Moneys paid by the city to any such institution for the care, support, secular education or maintenance of its inmates shall not be expended for any other purpose. Whenever the commissioner shall decide, after reasonable notice to such institution and a hearing, that any such child who is received and retained in such institution is not a proper charge against the public, and written notice of such decision is given by the commissioner to such institution, thereupon all right on the part of such institution to receive compensation from the city for the further retention of the child shall cease. The commissioner shall file in the office of the department a statement of the reasons for his or her decision and of the facts upon which it is founded, and shall furnish a copy to such institution where the child is detained. The commissioner's decision may be reviewed on certiorari by the supreme court. No money shall be paid out of any appropriation to any charitable, eleemosynary or reformatory institution which shall deny or limit admission to any destitute, neglected or delinquent children duly committed by the commissioner or a court of appropriate jurisdiction, because of the race, color or religion of such children, provided, however, that no institution of a particular religious faith shall be required to accept children adhering to a religious faith other than its own. The commission on foster care of children shall have the power and continuing duty to investigate and determine, upon complaint made and shall have the power on its own initiative to investigate and determine whether any institution is practicing discrimination in violation of the provisions of the preceding paragraph. The commission may direct that such investigation shall be conducted by one or more of its members or by its secretary or assistant secretary. Whenever in the judgment of the commission, such investigation discloses that there is reason to believe that an institution is practicing discrimination, the commission shall cause a hearing to be held before the commission or before two or more of its members, as it may direct, upon reasonable notice to such institution. The commission shall dismiss the proceedings if it finds upon the basis of such hearing, that such institution is not practicing discrimination. In the event the commission shall find on the basis of such hearing, that such institution is practicing discrimination, it shall certify to the commissioner its findings of fact, together with its determination of the period of time, not to exceed one year, within which the institution shall be permitted to amend its practices and comply with said provisions. The commissioner shall thereupon serve notice of such certification on such institution. All right on the part of such institution to receive moneys from the city shall cease upon the date specified in said certification unless, prior to the expiration thereof, such institution shall have submitted to the commission proof that it has ceased to engage in said violations and the commission shall have found and certified to the commissioner that said institution has complied with said provisions. The institution shall not be deprived of payments for services rendered prior to the date specified in the certification. The determination of the commission that an institution is practicing discrimination, or having been ordered to cease said discrimination has failed to cease, may be reviewed by the supreme court, which may, for good cause shown, during the pendency of such review, stay the termination of the right of such institution to receive moneys from the city. The commission, or any of its members authorized by it to conduct a hearing, may, at any such hearing, compel the attendance of witnesses, administer oaths, take the testimony of any person under oath and require the production of any evidence relating to the matter in question at the hearing. The department and the corporation counsel are authorized upon request by the commission, to make members of their respective staffs available, upon a temporary basis, to the commission, to assist it in conducting the investigations and hearings provided by this section.
