In Matter of Daniel M., 166 Misc 2d 135, 631 N.Y.S.2d 470 [Fam Ct, New York County 1995], the Family Court ordered NYCCS to pay for four hours of skilled nursing care per day so that a particular foster family could accept the child in their home. In that case, the foster parents could not provide foster care unless NYCCS also funded skilled nursing care. The court held that Family Court Act 1015-a authorized an order directing such payment. The court rejected NYCCS's argument that the payment for skilled nursing care would require an "exception to policy," since the policy in question was never presented to the court, and the court was never informed what criteria were employed in deciding whether to grant such an exception. The court stated, however, that even if such policy existed, it could not be employed to evade NYCCS's duty to place the child in a foster home, rather than an institutional setting, which was the least restrictive setting consistent with his needs. The court noted that payment for nursing care was not specifically mentioned in the comprehensive services plan. Nevertheless, it cited a recent report from the Commissioner emphasizing the need to find foster parents willing to care for special needs children and concluded that payment for nursing services was, therefore, entirely appropriate under the plan (Matter of Daniel M., 166 Misc 2d at 139-141).