N.Y. FCT Law § 1097 — New York Code / Act FCT / Article 10-C / Section 1097
Court review of placement in a qualified residential treatment program
Status: in_force

§ 1097. Court review of placement in a qualified residential treatment\nprogram. 1. The provisions of this section shall apply when a child is\nplaced on or after September twenty-ninth, two thousand twenty-one, and\nresides in a qualified residential treatment program, as defined in\nsection four hundred nine-h of the social services law, and whose care\nand custody were transferred to a local social services district in\naccordance with this article.\n  2. (a) When a child is in the care and custody of a local social\nservices district pursuant to this article, such social services\ndistrict shall report any anticipated placement of the child into a\nqualified residential treatment program, as defined in section four\nhundred nine-h of the social services law, to the court and the\nattorneys for the parties, including the attorney for the child,\nforthwith, but not later than one business day following either the\ndecision to place the child in the qualified residential treatment\nprogram or the actual date the placement change occurred, whichever is\nsooner. Such notice shall indicate the date that the initial placement\nor change in placement is anticipated to occur or the date the placement\nchange occurred, as applicable. Provided, however, if such notice lists\nan anticipated date for the placement change, the local social services\ndistrict shall subsequently notify the court and attorneys for the\nparties, including the attorney for the child, of the date the placement\nchange occurred, such notice shall occur no later than one business day\nfollowing the placement change.\n  (b) When a child whose legal custody was transferred to a local social\nservices district in accordance with this article resides in a qualified\nresidential treatment program, as defined in section four hundred nine-h\nof the social services law, and where such child's initial placement or\nchange in placement in such qualified residential treatment program\ncommenced on or after September twenty-ninth, two thousand twenty-one,\nupon receipt of notice required pursuant to paragraph (a) of this\nsubdivision and motion of the local social services district, the court\nshall schedule a court review to make an assessment and determination of\nsuch placement in accordance with subdivision three of this section.\nNotwithstanding any other provision of law to the contrary, such court\nreview shall occur no later than sixty days from the date the placement\nof the child in the qualified residential treatment program commenced.\n  3. Within sixty days of the start of a placement of a child referenced\nin subdivision one of this section in a qualified residential treatment\nprogram, the court shall:\n  (a) Consider the assessment, determination, and documentation made by\nthe qualified individual pursuant to section four hundred nine-h of the\nsocial services law;\n  (b) Determine whether the needs of the child can be met through\nplacement in a foster family home and, if not, whether placement of the\nchild in a qualified residential treatment program provides the most\neffective and appropriate level of care for the child in the least\nrestrictive environment and whether that placement is consistent with\nthe short-term and long-term goals for the child, as specified in the\nchild's permanency plan; and\n  (c) Approve or disapprove the placement of the child in the qualified\nresidential treatment program. Provided that, where the qualified\nindividual determines that the placement of the child in a qualified\nresidential treatment program is not appropriate in accordance with the\nassessment required pursuant to section four hundred nine-h of the\nsocial services law, the court may only approve the placement of the\nchild in the qualified residential treatment program if:\n  (i) the court finds, and states in the written order that:\n  (A) circumstances exist that necessitate the continued placement of\nthe child in the qualified residential treatment program;\n  (B) there is not an alternative setting available that can meet the\nchild's needs in a less restrictive environment; and\n  (C) that continued placement in the qualified residential treatment\nprogram is in the child's best interest; and\n  (ii) the court's written order states the specific reasons why the\ncourt has made the findings required pursuant to subparagraph (i) of\nthis paragraph.\n  (d) Nothing herein shall prohibit the court from considering other\nrelevant and necessary information to make a determination.\n  4. At the conclusion of the review, if the court disapproves placement\nof the child in a qualified residential treatment program the court\nshall, on its own motion, determine a schedule for the return of the\nchild and direct the local social services district to make such other\narrangements for the child's care and welfare that is in the best\ninterest of the child and in the most effective and least restrictive\nsetting as the facts of the case may require. If a new placement order\nis necessary due to restrictions in the existing governing placement\norder, the court may issue a new order.\n  5. The court may, on its own motion, or the motion of any of the\nparties or the attorney for the child, proceed with the court review\nrequired pursuant to this section on the basis of the written records\nreceived and without a hearing. Provided however, the court may only\nproceed with the court review without a hearing pursuant to this\nsubdivision upon the consent of all parties. Provided further, in the\nevent that the court conducts the court review requirement pursuant to\nthis section but does not conduct it in a hearing, the court shall issue\na written order specifying any determinations made pursuant to\nsubparagraph (i) of paragraph (c) of subdivision three of this section\nand provide such written order to the parties and the attorney for the\nchild expeditiously, but no later than five days.\n  6. Documentation of the court's determination pursuant to this section\nshall be recorded in the child's case record.\n  7. Nothing in this section shall prohibit the court's review of a\nplacement in a qualified residential treatment program from occurring at\nthe same time as another hearing scheduled for such child, including but\nnot limited to the child's permanency hearing, provided such approval is\ncompleted within sixty days of the start of such placement.\n