N.Y. Family Court Act § 1091-a: Court review of placement in a qualified residential treatment program

§ 1091-a. Court review of placement in a qualified residential

treatment program. 1. The provisions of this section shall apply when a

former foster care youth 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 the

social services law, and whose care and custody were transferred to a

local social services district or the office of children and family

services in accordance with this article.

2. (a) When a former foster care youth is in the care and custody of a

local social services district or the office of children and family

services pursuant to this article, such social services district or

office shall report any anticipated placement of the former foster care

youth into a qualified residential treatment program, as defined in

section four hundred nine-h of the social services law, to the court and

the attorneys for the parties, including the attorney for the former

foster care youth, forthwith, but not later than one business day

following either the decision to place the former foster care youth in

the qualified residential treatment program or the actual date the

placement change occurred, whichever is sooner. Such notice shall

indicate the date that the initial placement or change in placement is

anticipated to occur or the date the placement change occurred, as

applicable. Provided, however, if such notice lists an anticipated date

for the placement change, the local social services district or office

shall subsequently notify the court and attorneys for the parties,

including the attorney for the former foster care youth, of the date the

placement change occurred; such notice shall occur no later than one

business day following the placement change.

(b) When a former foster care youth whose legal custody was

transferred to a local social services district or the office of

children and family services in accordance with this article resides in

a qualified residential treatment program, as defined in section four

hundred nine-h of the social services law, and where such former foster

care youth's initial placement or change in placement in such qualified

residential treatment program commenced on or after September

twenty-ninth, two thousand twenty-one, upon receipt of notice required

pursuant to paragraph (a) of this subdivision and motion of the local

social services district, the court shall schedule a court review to

make an assessment and determination of such placement in accordance

with subdivision three of this section. Notwithstanding any other

provision of law to the contrary, such court review shall occur no later

than sixty days from the date the placement of the former foster care

youth in the qualified residential treatment program commenced.

3. Within sixty days of the start of a placement of a former foster

care youth referenced in subdivision one of this section in a qualified

residential treatment program, the court shall:

(a) Consider the assessment, determination, and documentation made by

the qualified individual pursuant to section four hundred nine-h of the

social services law;

(b) Determine whether the needs of the former foster care youth can be

met through placement in a foster family home and, if not, whether

placement of the former foster care youth in a qualified residential

treatment program provides the most effective and appropriate level of

care for the former foster care youth in the least restrictive

environment and whether that placement is consistent with the short-term

and long-term goals for the former foster care youth, as specified in

the former foster care youth's permanency plan; and

(c) Approve or disapprove the placement of the former foster care

youth in a qualified residential treatment program. Provided that, where

the qualified individual determines that the placement of the former

foster care youth in a qualified residential treatment program is not

appropriate in accordance with the assessment required pursuant to

section four hundred nine-h of the social services law, the court may

only approve the placement of the former foster care youth in the

qualified residential treatment program if:

(i) the court finds, and states in the written order that:

(A) circumstances exist that necessitate the continued placement of

the former foster care youth in the qualified residential treatment

program;

(B) there is not an alternative setting available that can meet the

former foster care youth's needs in a less restrictive environment; and

(C) that continued placement in the qualified residential treatment

program is in the former foster care youth's best interest; and

(ii) the court's written order states the specific reasons why the

court has made the findings required pursuant to subparagraph (i) of

this paragraph.

(d) Nothing herein shall prohibit the court from considering other

relevant and necessary information to make a determination.

4. At the conclusion of the review, if the court disapproves placement

of the former foster care youth in a qualified residential treatment

program the court shall, on its own motion, determine a schedule for the

return of the former foster care youth and direct the local social

services district or office of children and family services, as

applicable, to make such other arrangements for the former foster care

youth's care and welfare that is in the best interest of the former

foster care youth 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.

5. The court may, on its own motion, or the motion of any of the

parties or the attorney for the former foster care youth, 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 subparagraph (i) of paragraph (c) of subdivision three of this

section and provide such written order to the parties and the attorney

for the former foster care youth expeditiously, but no later than five

days.

6. Documentation of the court's determination pursuant to this section

shall be recorded in the former foster care youth's case record.

7. 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 former foster care

youth, including but not limited to the former foster care youth's

permanency hearing, provided such approval is completed within sixty

days of the start of such placement.