N.Y. Family Court Act § 1097: Court review of placement in a qualified residential treatment program

§ 1097. 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 the social services law, and whose care

and custody were transferred to a local social services district in

accordance with this article.

2. (a) When a child is in the care and custody of a local social

services district pursuant to this article, such social services

district shall report any anticipated placement of the child 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 child,

forthwith, but not later than one business day following either the

decision to place the child 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 shall subsequently notify the court and attorneys for the

parties, including the attorney for the child, of the date the placement

change occurred, such notice shall occur no later than one business day

following the placement change.

(b) When a child whose legal custody was transferred to a local social

services district 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 child'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 child in the qualified residential treatment program commenced.

3. 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:

(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 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

(c) Approve or disapprove the placement of the child in the 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 the

social services law, the court may only approve the placement of the

child 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 child in the qualified residential treatment program;

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

child's needs in a less restrictive environment; and

(C) that continued placement in the qualified residential treatment

program is in the child'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 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.

5. 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

subparagraph (i) of paragraph (c) of subdivision three of this section

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

child expeditiously, but no later than five days.

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

shall be recorded in the child'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 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.