New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.18 - Hearings and Submission of Reports and Assessments on the Placement of a Child in a Qualified Residential Treatment Program

Current
				  through Register Vol. 46, No. 28, July 10, 2024
(1) The Commissioner of the local social
				  services district or other agency requesting placement (hereafter
				  "Commissioner") shall file a petition or a motion requesting a court hearing on
				  the placement of a child in a "qualified residential treatment program" prior
				  to or no later than five days after entry of the child into the placement. The
				  Commissioner shall serve, send or securely transmit notice to all counsel, the
				  parties, the attorney for the child and, if the child is ten years of age or
				  older, the child, of the date, time and court part in which the case will be
				  heard. At that appearance, the court shall either make a determination as to
				  the appropriateness of and need for the placement or schedule a hearing for
				  such determination. The de- termination shall be made no later than 60 days of
				  the placement of the child in the "qualified residential treatment
				  program."
(2) The Commissioner
				  shall arrange for the completion of an assessment and report by a "qualified
				  individual" no later than 30 days after the date of the child's placement in
				  the "qualified residential treatment program" and shall submit it to the court
				  and serve. send or securely transmit it to counsel, the parties and the
				  attorney no later than five days after completion of the report by the
				  "qualified individual" but in no event less than ten days prior to the first
				  scheduled hearing at which a determination will be made.
(3) The report and assessment shall include:
(a) The qualifications and training of the
				  "qualified individual" preparing the report and assessment, including
				  information as to affiliations, if any, with any state, local or authorized
				  agency in the State of New York that provides placement services for
				  children;
(b) The names of all
				  caseworkers, mental health professionals and family members who contributed to
				  the report and assessment as members of the team;, including any members
				  suggested by the child if the child is fourteen years of age or
				  older;
(c) An evaluation of the
				  strengths and needs of the child and the need for the child's placement in the
				  designated qualified residential treatment facility (hereinafter
				  "facility");
(d) The reasons why
				  the needs of the child cannot be appropriately and effectively met in a kinship
				  or non-kinship foster home placement;
(e) The specific facility and the level of
				  care in which the child is or will be placed;
(f) A description of the designated facility
				  and the specific treatment services offered to the child at that
				  facility;
(g) The short term and
				  long-term goals of the child's placement and how the placement at the
				  designated facility meets those goals;
(h) How the placement in the specific
				  facility and level of care is the most effective and appropriate placement in
				  the least restrictive environment for the child;
(i) Documentation of the time frame and plan
				  for the child's discharge from the qualified residential treatment facility;
				  and
(j) Any mental health diagnosis
				  and the basis for that diagnosis, as well as a summary of any diagnostic and
				  treatment records, regarding the child within the past three years; provided
				  that the diagnosis and treatment records shall be provided upon the request of
				  counsel for a party, the attorney for the child or the court.