N.Y. FCT Law § 756-B — New York Code / Act FCT / Article 7 / Part 5 / Section 756-B
Court review of placement in a qualified residential treatment program
Status: in_force

§ 756-b. Court review of placement in a qualified residential\ntreatment program. 1. The provisions of this section shall apply when a\nrespondent is placed on or after September twenty-ninth, two thousand\ntwenty-one and resides in a qualified residential treatment program, as\ndefined in section four hundred nine-h of the social services law, and\nwhose care and custody were transferred to a local social services\ndistrict in accordance with this part.\n  2. (a) When a respondent is in the care and custody of a local social\nservices district pursuant to this part, such social services district\nshall report any anticipated placement of the respondent 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 respondent,\nforthwith, but not later than one business day following either the\ndecision to place the respondent 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 the attorneys for the\nparties, including the attorney for the respondent, 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 respondent whose legal custody was transferred to a local\nsocial services district in accordance with this part resides in a\nqualified residential treatment program, as defined in section four\nhundred nine-h of the social services law, and where such respondent's\ninitial placement or change in placement in such qualified residential\ntreatment program commenced on or after September twenty-ninth, two\nthousand twenty-one, upon receipt of notice required pursuant to\nparagraph (a) of this subdivision and motion of the local social\nservices district, the court shall schedule a court review to make an\nassessment and determination of such placement in accordance with\nsubdivision three of this section. Notwithstanding any other provision\nof law to the contrary, such court review shall occur no later than\nsixty days from the date the placement of the respondent in the\nqualified residential treatment program commenced.\n  3. (a) Within sixty days of the start of a placement of a respondent\nreferenced in subdivision one of this section in a qualified residential\ntreatment program, the court shall:\n  (i) Consider the assessment, determination and documentation made by\nthe qualified individual pursuant to section four hundred nine-h of the\nsocial services law;\n  (ii) Determine whether the needs of the respondent can be met through\nplacement in a foster family home and, if not, whether placement of the\nrespondent in a qualified residential treatment program provides the\nmost effective and appropriate level of care for the respondent in the\nleast restrictive environment and whether that placement is consistent\nwith the short-term and long-term goals for the respondent as specified\nin the respondent's permanency plan; and\n  (iii) Approve or disapprove the placement of the respondent in a\nqualified residential treatment program. Provided that, where the\nqualified individual determines that the placement of the respondent in\na qualified residential treatment program is not appropriate in\naccordance with the assessment required pursuant to section four hundred\nnine-h of the social services law, the court may only approve the\nplacement of the respondent in the qualified residential treatment\nprogram if:\n  (A) the court finds, and states in the written order that:\n  (1) circumstances exist that necessitate the continued placement of\nthe respondent in the qualified residential treatment program;\n  (2) there is not an alternative setting available that can meet the\nrespondent's needs in a less restrictive environment; and\n  (3) that it would be contrary to the welfare of the respondent to be\nplaced in a less restrictive setting and that continued placement in the\nqualified residential treatment program is in the respondent's best\ninterest; and\n  (B) the court's written order states the specific reasons why the\ncourt has made the findings required pursuant to clause (A) of this\nsubparagraph.\n  (iv) Nothing herein shall prohibit the court from considering other\nrelevant and necessary information to make a determination.\n  (b) At the conclusion of the review, if the court disapproves\nplacement of the respondent in a qualified residential treatment program\nthe court shall, on its own motion, determine a schedule for the return\nof the respondent and direct the local social services district to make\nsuch other arrangements for the respondent's care and welfare that is in\nthe best interest of the respondent and in the most effective and least\nrestrictive setting as the facts of the case may require. If a new\nplacement order is necessary due to restrictions in the existing\ngoverning placement order, the court may issue a new order.\n  4. The court may, on its own motion, or the motion of any of the\nparties or the attorney for the respondent, proceed with the court\nreview required pursuant to this section on the basis of the written\nrecords received and without a hearing. Provided however, the court may\nonly proceed 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 clause\n(A) of subparagraph (iii) of paragraph (a) of subdivision three of this\nsection and provide such written order to the parties and the attorney\nfor the respondent expeditiously, but no later than five days.\n  5. Documentation of the court's determination pursuant to this section\nshall be recorded in the respondent's case record.\n  6. 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 respondent,\nincluding but not limited to the respondent's permanency hearing,\nprovided such approval is completed within sixty days of the start of\nsuch placement.\n