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Carrier v. Salvation Army – Case Brief Summary (New York)

In Carrier v. Salvation Army, 88 N.Y.2d 298 [1996] the Court of Appeals explicitly recognized that the extensive regulatory scheme authorized by Article 7 of the Social Services Law, which governs the operation of residential care programs for adults and children, gives the Petitioner, the DOH, "comprehensive responsibility" for the administration and supervision of residential care facilities, and endows the DOH "with broad enforcement powers to ensure proper care and treatment of residents, including the power to investigate facilities (with all the attendant powers available to court-appointed Referees); to issue orders directing the management of a facility to rectify health and safety violations; to revoke, suspend or limit a facility's operating certificate; and to assess civil penalties for violations of Department regulations and orders."