NY Soc Serv L § 409-H (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 4-A - Child Welfare Services Planning and Administration 409-H - Assessment of Appropriateness of Placement in a Qualified Residential Treatment Program.

§ 409-h. Assessment  of  appropriateness  of  placement in a qualified residential treatment program. 1. (a) Prior to a child's placement in  a qualified  residential treatment program, as defined in subdivision four of this section, but at least within thirty  days  of  the  start  of  a placement in a qualified residential treatment program of a child in the care  and custody or the custody and guardianship of the commissioner of a local social services district or the office of  children  and  family services  that  occurs  on or after September twenty-ninth, two thousand twenty-one, a qualified individual as defined  in  subdivision  five  of this  section  shall complete an assessment as to the appropriateness of such placement utilizing an age-appropriate, evidence-based,  validated, functional  assessment  tool approved by the federal government for such purpose. Such assessment shall be in accordance with  42  United  States Code  sections  672  and  675a and the state's approved title IV-E state plan and shall include, but not be limited to: (i) an assessment of  the strengths  and  needs of the child; and (ii) a determination of the most effective and appropriate level of care  for  the  child  in  the  least restrictive setting, including whether the needs of the child can be met with  family members or through placement in a foster family home, or in a setting specified in paragraph (c)  of  this  subdivision,  consistent with  the  short-term  and long-term goals for the child as specified in the child's permanency plan.  Such  assessment  shall  be  completed  in conjunction  with the family and permanency team established pursuant to paragraph (b) of this subdivision.  (b) The family and permanency team shall consist  of  all  appropriate biological  family  members, relatives, and fictive kin of the child, as well as, as appropriate, professionals who are a resource to the  family of  the  child, including but not limited to, the attorney for the child or the attorney for the  parent  if  applicable,  teachers,  medical  or mental  health  providers  who have treated the child, or clergy. In the case of a child who has attained the age of  fourteen,  the  family  and permanency  team  shall  include  the members of the permanency planning team for the child in accordance with 42 United States Code section  675 and the state's approved title IV-E state plan.  (c)  Where  the qualified individual determines that the child may not be placed in a foster family home, the qualified individual must specify in writing the reasons why the needs of the child cannot be met  by  the child's  family or in a foster family home. A shortage or lack of foster family  homes  shall   not   constitute   circumstances   warranting   a determination  that  the  needs  of  the child cannot be met in a foster family home. The qualified individual shall  also  include  why  such  a placement  is  not  the most effective and appropriate level of care for such child. Such determination shall include whether the  needs  of  the child can be met through placement in:  (i)  An  available  supervised  setting,  as  such  term is defined in section three hundred seventy-one of this article;  (ii) If the child has been found to be, or is at risk of  becoming,  a sexually  exploited  child as defined in subdivision one of section four hundred forty-seven-a of this article, a setting  providing  residential care and supportive services for sexually exploited children;  (iii)  A  setting  specializing  in providing prenatal, post-partum or parenting supports for youth; or  (iv) A qualified residential treatment program.   2. The qualified individual or their designee shall promptly,  but  no later than five days following the completion of the assessment, provide the  assessment, determination and documentation pursuant to subdivision one of this section to the court, the parent or guardian of  the  child, and  to  the  attorney for the child and the attorney for the parent, if  applicable, and a written  summary  detailing  the  assessment  findings required pursuant to subdivision one of this section to either the local social  services  district or the office of children and family services that  has  care and custody or custody and guardianship of the child, as applicable, and the parties to the proceeding, redacting any information necessary to comply with federal and state confidentiality laws.   3. Where the qualified individual determines that the placement of the child in a qualified residential treatment program  is  not  appropriate after  the  assessment  conducted  pursuant  to  subdivision one of this section, the child's placement shall continue until  the  court  has  an opportunity  to  hold  a  hearing to consider the qualified individual's assessment and make an independent determination  required  pursuant  to section  three  hundred  ninety-three of this article or sections 353.7, seven hundred  fifty-six-b,  one  thousand  fifty-five-c,  one  thousand ninety-one-a  or  one  thousand ninety-seven of the family court act, as applicable. Provided however, nothing herein  shall  prohibit  a  motion from being filed pursuant to sections 355.1, seven hundred sixty-four or one thousand eighty-eight of the family court act, as applicable. If the appropriate  party files such motion, the court shall hold a hearing, as required, and also complete the assessment required pursuant to  section three  hundred  ninety-three  of  this  article or sections 353.7, seven hundred   fifty-six-b,   one   thousand   fifty-five-c,   one   thousand ninety-one-a  or  one  thousand ninety-seven of the family court act, as applicable, at the same time. The court shall consider all relevant  and necessary  information  as  required  and make a determination about the appropriateness of the child's placement  based  on  standards  required pursuant to the applicable sections.   4. "Qualified residential treatment program" means a program that is a non-foster family residential program in accordance with 42 United State Code  sections  672  and  675a and the state's approved title IV-E state plan.   5.  "Qualified  individual"  shall  mean  a  trained  professional  or licensed  clinician acting within their scope of practice who shall have current or previous relevant experience  in  the  child  welfare  field. Provided however, such individual shall not be an employee of the office of  children  and  family  services, nor shall such person have a direct role in case management or case planning decision making  authority  for the  child  for  whom  such assessment is being conducted, in accordance with 42 United States  Code  sections  672  and  675a  and  the  state's approved title IV-E state plan.