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may hereafter have in its custody, a minor whose parents are both deceased and who has no general guardian or relative capable of furnishing such minor with a good home who will assume that responsibility, may place such minor by adoption without obtaining anyone's consent except that of the court or judge to whom the application for adoption is made and the consent of such minor if over twelve years of age. (Added by L. 1915, ch. 238.)

Criminal Code.

(L. 1881, ch. 442.)

§ 910. Court may discharge, place on probation, or authorize the binding out of disorderly person.

(Amended by L. 1895, ch. 880; L. 1910, ch. 609; L. 1916, ch. 240.) NOTE.-L. 1923, ch. 306, § 5 repeals § 910-k of Criminal Code. Section was evidently intended.

910

Onondaga County; Placing Out.

(L. 1918, ch. 145.)

An act to create a department for the placing of dependent children for the county of Onondaga.

1. The board of supervisors of Onondaga county are hereby authorized and empowered to create in and for said county a department for the placing of dependent children.

§ 2. The said board of supervisors of Onondaga county are hereby authorized and empowered to appoint as the head of said department a person to be known as the commissioner of placing dependent children, and to fix the salary and term of office of said commissioner and to provide for such additional employees in said department as the said board of supervisors shall determine to be necessary therefor, and to fix and determine the salary and compensation of such additional employees and to make appropriations necessary for the conduct of said department.

§ 3. The said commissioner of placing dependent children, when appointed as herein provided, shall be vested with general supervision of placing dependent children who are residents of the county of Onondaga, and shall act and have jurisdiction over all cases which are referred to him by the county superintendent of the poor, any overseers of the poor of any of the towns in said county or the' commissioner of charities of the city of Syracuse. The said commissioner shall be charged with the duty of performing each, every and all of the duties which now devolve upon any officer charged with the duty of placing dependent children in said county in respect to those cases which are referred to said commissioner by the poor authorities hereinbefore mentioned, and shall be subject to all laws with respect thereto.

NOTE.

This act must be considered in connection with art. 16 of the State Charities Law, page 337.

III. REHABILITATION.

Education Law.

(L. 1909, ch. 21; L. 1910, ch. 140.)

ARTICLE 47.

(Added by L. 1920, ch. 760.)

Rehabilitation

Section 1200. Short title.

1201. Definitions.

1202. Limitation of article.

1203. State advisory commission for the rehabilitation of handicapped persons.

1204. Power of commission.

1205. Duty of the industrial commission.

1206. Duty of department of health.

1207. Application for rehabilitation.

1208. Duty of the department of education.

1209. Gifts and donations.

1210. Acceptance of law of the United States.

§ 1202. Limitation of article. This article shall not apply to: 1. Aged or helpless persons requiring permanent custodial care, or blind persons under the care of the state commission for the blind; or

2. Any person in any state institution or confined in any correctional or penal institution; or

3. Epileptic or feeble-minded persons or to any person who, in the judgment of the commissioner of education, may not be susceptible of rehabilitation; or

4. Persons of the age of fourteen years and under. (Added by L. 1920, ch. 760.)

§ 1203. State advisory commission for the rehabilitation of handicapped persons. There is hereby created an advisory commission for the rehabilitation of physically handicapped persons, to be composed of the commissioner of education, who shall be chairman, of a member of the state industrial commission to be designated annually by the governor, and of the commissioner of health. Any member of the commission may designate an officer in his department to represent him on the commission and the acts of such officer shall be deemed to be the acts of the person who designated him. The commissioner of education shall designate the officer of the department of education charged with the administration of this act to act as secretary to the commission. (Added by L. 1920, ch. 760.)

§ 1204. Power of commission. power:

The commission shall have

1. To prepare a plan for co-operation between the industrial

commission and the department of education which shall be submitted to the industrial commission and to the board of regents of the university.

2. To arrange any differences that may arise between departments charged with any duties under this act.

3. To arrange for such therapeutic treatment as may be necessary for the rehabilitation of any physically handicapped persons who have registered with the department of education, except persons who are entitled to such treatment under the workmen's compensation law.

4. To provide maintenance cost during actual training for physically handicapped persons registered for rehabilitation, except persons entitled to maintenance under the workmen's compensation law; provided, that when the payment of maintenance costs is authorized by the commission, it shall not exceed ten dollars per week, and the period during which it is paid shall not exceed twenty weeks, unless an extension of time is granted by unanimous vote of the commission.

5. To arrange for co-operation between the bureau of employment of the department of labor and the department of education in securing employment for handicapped persons to the end that duplication be avoided.

6. To make all necessary rules and regulations for the purpose of carrying out this article which affect more than one department. (Added by L. 1920, ch. 760.)

§ 1205. Duty of the industrial commission. commission shall:

The industrial

1. Report to the department of education all reports made to it of cases of injuries received by employees which may result in rendering the person, in the judgment of the industrial commission, in need of rehabilitation.

2. Co-operate with the department of education in carrying out this article. (Added by L. 1920, ch. 760.)

§ 1206. Duty of department of health. health shall:

The department of

1. Arrange with all public private hospitals, clinics, and dispensaries and with practicing physicians to send to the department of education prompt and complete reports of any persons under treatment in such hospitals, clinics, or dispensaries, or by such physicians, for any injury or disease that may render them physically handicapped.

2. Arrange with health officers to send to the department of education prompt and complete reports to any persons who in the course of their official duties they find to be suffering from any injury or disease that may render them physically handicapped, if such persons have not already been reported.

3. Make physical examinations of any persons applying for or reported as needing rehabilitation, except persons reported by the industrial commission. (Added by L. 1920, ch. 760.)

§ 1207. Application for rehabilitation. Any physically handicapped person residing within the state may apply to the department of education for advice and assistance regarding his rehabilitation. (Added by L. 1920, ch. 760.)

§ 1208. Duty of the department of education. It shall be the duty of the department of education:

1. To provide that all persons reported to it or making application to it as physically handicapped shall be promptly visited by its representative who shall report upon their condition to the department, which shall then determine whether the person is susceptible of rehabilitation. Any person found susceptible shall be acquainted with the rehabilitation facilities offered by the state. and the benefits of entering upon remunerative work at an early date. Any person who chooses to take advantage of the rehabilitation facilities shall be registered with the department and a record kept of every such person and the measures taken for his rehabilitation. The education department shall proffer to any such person counsel regarding the selection of a suitable vocation and an appropriate course of training, and shall initiate definite plans for beginning rehabilitation as soon as the physical condition of the person permits.

2. To arrange for special training courses in the public schools in the state, in selected occupations for physically handicapped persons.

3. To arrange with any private or commercial educational institution for training courses in selected occupations for physically handicapped persons.

4. To arrange with any public or private establishment or any employer for training courses in selected occupations of physically handicapped persons.

5. To arrange for social service for the visiting of physically handicapped persons and of their families in their homes during the period of treatment and training and after its completion, to give advice regarding any matter that may affect rehabilitation.

6. To aid physically handicapped persons in securing such employment as will facilitate their training or will be suitable to their condition.

7. To procure and furnish at cost to physically handicapped persons artificial limbs and other orthopedic and prosthetic appliances, to be paid for in installments, when such appliances cannot be otherwise provided. The proceeds of the sale thereof shall be paid to the treasurer of the state and shall be held by him in a special fund for the purposes of this subdivision. Payments from this fund shall be made at the direction of the commissioner of education.

8. To make surveys with the co-operation of the industrial commission and the department of health, to ascertain the number and conditions of physically handicapped persons within the state.

9. To make such studies as may be helpful for the operation of

this act.

10. To co-operate with any department of the government of the state of New York or with any county or other municipal authorities within the state, or with any private agency, in the operation of this act. (Added by L. 1920, ch. 760.)

§ 1209. Gifts and donations. The department is authorized to receive gifts and donations for the purpose of this article which may be offered unconditionally. All money received as gifts or donations shall be paid to the state treasurer and shall constitute a special fund to be used under the direction of the department for the purpose of this act. A full report of all such gifts and donations, together with the names of the donors, the amounts contributed by each and all disbursements therefrom shall be submitted annually to the legislature as part of the report of the department. (Added by L. 1920, ch. 760.)

§ 1210. Acceptance of law of the United States. The state of New York, through its legislative authority:

1. Accepts the provisions of any law of the United States making appropriation to be apportioned among the states for vocational rehabilitation of disabled persons;

2. Empowers and directs the board of regents of the university, hereby designated the New York state board for vocational education, to co-operate with such agency as the federal government shall designate to carry out the purposes of such law;

3. Appoints the state treasurer as custodian of all money given to the state by the United States under the authority of such law, and such money shall be paid out in the manner provided by such act for the purposes therein specified;

4. Authorizes the board of regents of the university as the state board for vocational education and the industrial commission to formulate a plan of co-operation in accordance with this act, which shall be effective when approved by the governor of the state. (Added by L. 1920, ch. 760.)

IV. SOCIETIES FOR PREVENTION OF CRUELTY.

Membership Corporations Law.

(L. 1909, ch. 40.)

§ 120. Certificate of incorporation. Five or more persons may become a corporation for the prevention of cruelty to children, or the prevention of cruelty to animals, by making, acknowledging and filing a certificate, stating the particular objects for which the corporation is to be formed; the name of the proposed corporation; the county in which its operations are to be conducted; the town, village or city in which its principal office is to be located; the number of its directors not less than five nor more than thirty; the names and places of residence of the persons to be its directors until its first annual meeting; and the time for holding such annual meeting. Such certificate shall not be filed unless the written consent and approbation thereof of a justice of the

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