NY Soc Serv L § 393 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 1 - Care and Protection of Children 393 - Court Review of Placement in a Qualified Residential Treatment Program.

* § 393. Court   review   of  placement  in  a  qualified  residential treatment program. 1. The provisions of this section shall apply when  a child  is  placed  on  or  after  September  twenty-ninth,  two thousand twenty-one and resides in a qualified residential treatment program,  as defined  in  section four hundred nine-h of this article, and whose care and custody were transferred to  the  commissioner  of  a  local  social services district in accordance with section three hundred fifty-eight-a of  this  chapter, or whose custody and guardianship were transferred to the commissioner of a local social services district in accordance  with section  three hundred eighty-three-c, or three hundred eighty-four-b of this title.   2. (a) Within sixty days of the  start  of  a  placement  of  a  child referenced in subdivision one of this section in a qualified residential treatment program, the court shall:  (i)  Consider the assessment, determination, and documentation made by the qualified individual pursuant to section four hundred nine-h of this article;  (ii) Determine whether the needs of  the  child  can  be  met  through placement  in a foster family home and, if not, whether placement of the child in a qualified residential treatment  program  provides  the  most effective  and  appropriate  level  of  care  for the child in the least restrictive environment and whether that placement  is  consistent  with the  short-term  and  long-term goals for the child, as specified in the child's permanency plan; and  (iii) Approve or disapprove the placement of the child in a  qualified residential  treatment  program.  Provided  that,  where  the  qualified individual determines that the placement of the  child  in  a  qualified residential  treatment program is not appropriate in accordance with the assessment required pursuant to section  four  hundred  nine-h  of  this article,  the  court  may only approve the placement of the child in the qualified residential treatment program if:  (A) the court finds, and states in the written order that:  (1) circumstances exist that necessitate the  continued  placement  of the child in the qualified residential treatment program;  (2)  there  is  not an alternative setting available that can meet the child's needs in a less restrictive environment; and  (3) that continued placement in the  qualified  residential  treatment program is in the child's best interest; and  (B)  the  court's  written  order  states the specific reasons why the court has made the findings required pursuant  to  clause  (A)  of  this subparagraph.  (iv)  Nothing  herein  shall prohibit the court from considering other relevant and necessary information to make a determination.  (b) At  the  conclusion  of  the  review,  if  the  court  disapproves placement  of the child in a qualified residential treatment program the court shall, on its own motion, determine a schedule for the  return  of the  child  and  direct  the local social services district to make such other arrangements for the child's care and welfare that is in the  best interest  of  the  child and in the most effective and least restrictive setting as the facts of the case may require. If a new  placement  order is  necessary  due  to  restrictions in the existing governing placement order, the court may issue a new order.   3. The court may, on its own motion, or  the  motion  of  any  of  the parties  or  the  attorney  for the child, proceed with the court review required pursuant to this section on the basis of  the  written  records received  and  without  a  hearing. Provided however, the court may only proceed with the  court  review  without  a  hearing  pursuant  to  this subdivision  upon  the  consent of all parties. Provided further, in the  event that the court conducts the court review requirement  pursuant  to this section but does not conduct it in a hearing, the court shall issue a  written  order  specifying any determinations made pursuant to clause (A)  of  subparagraph  (iii) of paragraph (a) of subdivision two of this section and provide such written order to the parties and  the  attorney for the child expeditiously, but no later than five days.   4. Documentation of the court's determination pursuant to this section shall be recorded in the child's case record.   5.  Nothing  in  this  section  shall prohibit the court's review of a placement in a qualified residential treatment program from occurring at the same time as another hearing scheduled for such child, including but not limited to the child's permanency hearing, provided such approval is completed within sixty days of the start of such placement.   * NB There are 2 § 393's