N.Y. FCT Law § 355.4 — New York Code / Act FCT / Article 3 / Part 5 / Section 355.4
Provisions for routine medical, dental and mental health services and treatment
Status: in_force

§ 355.4. Provisions for routine medical, dental and mental health\nservices and treatment. * 1. At the conclusion of the dispositional\nhearing pursuant to this article, where the respondent is to be placed\nwith the office of children and family services or a social services\ndistrict, the court shall inquire as to whether the parents or legal\nguardian of the youth, if present, will consent for the office or the\ndistrict to provide routine medical, dental and mental health services\nand treatment.\n  * NB Effective until March 31, 2028\n  * 1. At the conclusion of the dispositional hearing pursuant to this\narticle, where the respondent is to be placed with the division for\nyouth, the court shall inquire as to whether the parents or legal\nguardian of the youth, if present, will consent for the division to\nprovide routine medical, dental and mental health services and\ntreatment.\n  * NB Effective March 31, 2028\n  * 2. Notwithstanding subdivision one of this section, where the court\nplaces a youth with the office of children and family services or a\nsocial services district pursuant to this article and no medical consent\nhas been obtained prior to an order of disposition, the placement order\nshall be deemed to grant consent for the office or the district to\nprovide for routine medical, dental and mental health services and\ntreatment to such youth so placed.\n  * NB Effective until March 31, 2028\n  * 2. Notwithstanding subdivision one of this section, where the court\nplaces a youth with the division pursuant to this article and no medical\nconsent has been obtained prior to an order of disposition, the\nplacement order shall be deemed to grant consent for the division for\nyouth to provide for routine medical, dental and mental health services\nand treatment to such youth so placed.\n  * NB Effective March 31, 2028\n  3. Subject to regulations of the department of health, routine\nmedical, dental and mental health services and treatment is defined for\nthe purposes of this section to mean any routine diagnosis or treatment,\nincluding without limitation the administration of medications or\nnutrition, the extraction of bodily fluids for analysis, and dental care\nperformed with a local anesthetic. Routine mental health treatment shall\nnot include psychiatric administration of medication unless it is part\nof an ongoing mental health plan or unless it is otherwise authorized by\nlaw.\n  4. (a) At any time during placement or at an extension of placement\nhearing, a parent or legal guardian may make a motion objecting to\nroutine medical, dental or mental health services and treatment being\nprovided to such youth as authorized under the provisions of subdivision\none of this section.\n  (b) Such notice of motion shall be served on the youth, the\npresentment agency and the division not less than seven days prior to\nthe return date of the motion. The persons on whom the notice of motion\nis served shall answer the motion not less than two days before the\nreturn date.  On examining the motion and answer and, in its discretion,\nafter hearing argument, the court shall enter an order, granting or\ndenying the motion.\n  5. Nothing in this section shall preclude a youth from consenting on\nhis or her own behalf to any medical, dental or mental health service\nand treatment where otherwise authorized by law to do so, or the\ndivision for youth from petitioning the court pursuant to section two\nhundred thirty-three of this act, as appropriate.\n