NY Exec L § 509 (2021)
2021 New York Laws EXC - Executive Article 19-G - Office of Children and Family Services Title 2 - Facilities 509 - Transfers to State Hospitals and Schools in the Department of Mental Hygiene.

§ 509. Transfers  to  state hospitals and schools in the department of mental hygiene. 1. (a) The director of the division for youth may  apply for  the  transfer  of  any  child  in  the  care of the division to the department of mental hygiene for care and treatment in a state  hospital or  school under the jurisdiction of said department whenever it appears to the satisfaction of the director of the division:  (i) that such child is mentally ill  or  mentally  retarded  and  will substantially  benefit from care and treatment in such a state school or hospital; and  (ii) that the interests of the state will be best served thereby.  (b) The office for people with developmental disabilities may receive, treat and otherwise care for such a child pursuant to  article  nine  or fifteen of the mental hygiene law if suitable for admission thereunder.   2.  (a)  Except  in  the  case  of  an  emergency  requiring immediate admission to a state hospital pursuant to  the  mental  hygiene  law,  a child in the care of the division may be transferred:  (i)   after  notice  thereof  has  been  given  to  the  child  to  be transferred, his parents or legal guardian, and his attorney of  record, if any; and  (ii)  after  he  has  been  afforded  an  opportunity to be heard with respect thereto at a hearing conducted by an impartial  hearing  officer and  to be represented at such hearing by counsel. If in the judgment of the division such child is financially unable  to  obtain  counsel,  the division  shall  pay such counsel's fees as shall be necessary to assure adequate representation for such child.  (b) The hearing officer may accept the written waiver by  a  child  of his  right  to  a  hearing, provided the child knowingly and voluntarily executed such waiver with the advice of counsel.   3. A child transferred pursuant to this section:  (a) shall continue to be under the general care and supervision of the division for youth except that he shall be  temporarily  cared  for  and treated by the institution to which the transfer is made.  (b)  shall  be  subject  to  the  laws  and  rules  pertaining  to the institution to which he is admitted; and  (c) shall be entitled to the same  rights  and  procedures  under  the mental  hygiene  law as any other person admitted or converted in status thereunder.   4. Whenever the commissioner of mental health or  the  director  of  a residential   treatment   facility   for  children  and  youth,  or  the commissioner of developmental disabilities finds that care and treatment of a child transferred pursuant to this section or section 353.4 of  the family  court act is no longer suitable under the mental hygiene law, he or she shall forthwith so certify and discharge the child to the custody of the child himself or herself, his or her parents, his  or  her  legal guardian,  the  local  department  of  social  services or the office of children and family services, as appropriate, except  that  so  long  as there  is  a  valid order of the family court placing the child with the office of children and family services, or a valid order of  a  criminal court  sentencing a child to the office of children and family services, the child shall be returned to the care and custody  of  the  office  of children  and family services. The duration of the placement or sentence with the such office of a child transferred  pursuant  to  this  section shall not be extended or increased by reason of any such transfer.   5.  All  expenses  incident  to a transfer under this section shall be borne by the division, subject to the provisions of title four  of  this article.  All expenses for the care and treatment of a child transferred to the department of mental hygiene pursuant to this  section  shall  be borne by the department of mental hygiene.    6.  An application by the director for admission of a child to a state hospital shall be considered an application for voluntary  admission  in accordance  with section 9.13 of the mental hygiene law if such child is under the age of sixteen or if the child is  sixteen  years  of  age  or older  and  has  waived  his  right  to  a  hearing  in  accordance with subdivision two of this section. An  application  by  the  director  for admission  to  a state hospital of a child sixteen years of age or older who has not knowingly and voluntarily consented to such  application  in accordance  with  paragraph (b) of subdivision two of this section shall be considered an application for  involuntary  admission  in  accordance with section 9.27 of the mental hygiene law.   7. The director may, following the procedures outlined in this section and  subject  to  the requirements of section 9.51 of the mental hygiene law, apply for the transfer of any child in the care of the division who has not been sentenced as a juvenile offender pursuant to section  70.05 of  the  penal  law,  and  who is not subject to a restrictive placement pursuant to section 353.5 of the family  court  act,  to  a  residential treatment facility for children and youth.   8.  Notwithstanding  any  other  provision  of  law  to  the contrary, juvenile offenders shall be transferred only to  a  facility  under  the jurisdiction  of  the office of mental health specially designed for the care and treatment of  juvenile  offenders  which  is  characterized  by physically restricting construction, hardware and procedures.