N.Y. Soc. Serv. Law § 374-e

§ 374-e. Authority to place out or board out children with therapeutic\nfoster parents. A social services official or agency who is authorized\nto place out or board out children pursuant to section three hundred\nninety-eight or three hundred seventy-four of this article, is\nauthorized by the department to place out or board out children having\nspecial needs with therapeutic foster parents pursuant to subdivision\nfifteen of section three hundred ninety-eight of this article and in\ncompliance with regulations of the department. Such placement shall only\nbe made, however, when the official or agency demonstrates to the\nsatisfaction of the department that state expenditures incurred in\nplacing a child with a therapeutic foster parent are less than those\nthat would be incurred if the children were placed in an institution.\n