N.Y. FCT Law § 1091-A — New York Code / Act FCT / Article 10-B / Section 1091-A
Court review of placement in a qualified residential treatment program
Status: in_force

§ 1091-a. Court review of placement in a qualified residential\ntreatment program. 1. The provisions of this section shall apply when a\nformer foster care youth is placed on or after September twenty-ninth,\ntwo thousand twenty-one, and resides in a qualified residential\ntreatment program, as defined in section four hundred nine-h of the\nsocial services law, and whose care and custody were transferred to a\nlocal social services district or the office of children and family\nservices in accordance with this article.\n  2. (a) When a former foster care youth is in the care and custody of a\nlocal social services district or the office of children and family\nservices pursuant to this article, such social services district or\noffice shall report any anticipated placement of the former foster care\nyouth into a qualified residential treatment program, as defined in\nsection four hundred nine-h of the social services law, to the court and\nthe attorneys for the parties, including the attorney for the former\nfoster care youth, forthwith, but not later than one business day\nfollowing either the decision to place the former foster care youth in\nthe qualified residential treatment program or the actual date the\nplacement change occurred, whichever is sooner. Such notice shall\nindicate the date that the initial placement or change in placement is\nanticipated to occur or the date the placement change occurred, as\napplicable. Provided, however, if such notice lists an anticipated date\nfor the placement change, the local social services district or office\nshall subsequently notify the court and attorneys for the parties,\nincluding the attorney for the former foster care youth, of the date the\nplacement change occurred; such notice shall occur no later than one\nbusiness day following the placement change.\n  (b) When a former foster care youth whose legal custody was\ntransferred to a local social services district or the office of\nchildren and family services in accordance with this article resides in\na qualified residential treatment program, as defined in section four\nhundred nine-h of the social services law, and where such former foster\ncare youth's initial placement or change in placement in such qualified\nresidential treatment program commenced on or after September\ntwenty-ninth, two thousand twenty-one, upon receipt of notice required\npursuant to paragraph (a) of this subdivision and motion of the local\nsocial services district, the court shall schedule a court review to\nmake an assessment and determination of such placement in accordance\nwith subdivision three of this section. Notwithstanding any other\nprovision of law to the contrary, such court review shall occur no later\nthan sixty days from the date the placement of the former foster care\nyouth in the qualified residential treatment program commenced.\n  3. Within sixty days of the start of a placement of a former foster\ncare youth referenced in subdivision one of this section in a qualified\nresidential treatment program, 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 former foster care youth can be\nmet through placement in a foster family home and, if not, whether\nplacement of the former foster care youth in a qualified residential\ntreatment program provides the most effective and appropriate level of\ncare for the former foster care youth in the least restrictive\nenvironment and whether that placement is consistent with the short-term\nand long-term goals for the former foster care youth, as specified in\nthe former foster care youth's permanency plan; and\n  (c) Approve or disapprove the placement of the former foster care\nyouth in a qualified residential treatment program. Provided that, where\nthe qualified individual determines that the placement of the former\nfoster care youth in a qualified residential treatment program is not\nappropriate in accordance with the assessment required pursuant to\nsection four hundred nine-h of the social services law, the court may\nonly approve the placement of the former foster care youth in the\nqualified 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 former foster care youth in the qualified residential treatment\nprogram;\n  (B) there is not an alternative setting available that can meet the\nformer foster care youth's needs in a less restrictive environment; and\n  (C) that continued placement in the qualified residential treatment\nprogram is in the former foster care youth'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 former foster care youth in a qualified residential treatment\nprogram the court shall, on its own motion, determine a schedule for the\nreturn of the former foster care youth and direct the local social\nservices district or office of children and family services, as\napplicable, to make such other arrangements for the former foster care\nyouth's care and welfare that is in the best interest of the former\nfoster care youth 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 former foster care youth, proceed with\nthe court review required pursuant to this section on the basis of the\nwritten records received and without a hearing. Provided however, the\ncourt may only proceed with the court review without a hearing pursuant\nto this subdivision upon the consent of all parties. Provided further,\nin the event that the court conducts the court review requirement\npursuant to this section but does not conduct it in a hearing, the court\nshall issue a written order specifying any determinations made pursuant\nto subparagraph (i) of paragraph (c) of subdivision three of this\nsection and provide such written order to the parties and the attorney\nfor the former foster care youth expeditiously, but no later than five\ndays.\n  6. Documentation of the court's determination pursuant to this section\nshall be recorded in the former foster care youth'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 former foster care\nyouth, including but not limited to the former foster care youth's\npermanency hearing, provided such approval is completed within sixty\ndays of the start of such placement.\n