N.Y. Family Court Act § 353.7: Placement in qualified residential treatment programs

§ 353.7. Placement in qualified residential treatment programs. 1. The

provisions of this section shall apply when a respondent is placed on or

after September twenty-ninth, two thousand twenty-one and resides in a

non-secure setting that is 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 respondent 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 respondent 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 respondent, forthwith, but not later than

one business day following either the decision to place the respondent

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 the attorneys for the parties,

including the attorney for the respondent, of the date the placement

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

following the placement change.

(b) When a respondent 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 respondent'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 or the

office of children and family services with legal custody of the

respondent, 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 respondent in the

qualified residential treatment program commenced.

3. (a) Within sixty days of the start of a placement of a respondent

referenced in subdivision one of this section in a qualified residential

treatment program, the court shall:

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

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

social services law;

(ii) Determine whether the needs of the respondent can be met through

placement in a foster family home and, if not, whether placement of the

respondent in a qualified residential treatment program provides the

most effective and appropriate level of care for the respondent in the

least restrictive environment and whether that placement is consistent

with the short-term and long-term goals for the respondent as specified

in the respondent's permanency plan; and

(iii) Approve or disapprove the placement of the respondent in a

qualified residential treatment program. Provided that, where a

qualified individual determines that the placement of the respondent 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 respondent in the qualified residential treatment

program if:

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

(1) circumstances exist that necessitate the continued placement of

the respondent in the qualified residential treatment program;

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

respondent's needs in a less restrictive environment; and

(3) that continued placement in the qualified residential treatment

program serves the respondent's needs and best interests or the need for

protection of the community; and

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

court has made the findings required pursuant to clause (A) of this

subparagraph.

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

relevant and necessary information to make a determination.

(b) At the conclusion of the review, if the court disapproves

placement of the respondent in a qualified residential treatment program

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

of the respondent and direct the local social services district or

office of children and family services, as applicable, to make such

other arrangements for the respondent's care and welfare that is in the

best interest of the respondent 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.

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

parties or the attorney for the respondent, 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 clause

(A) of subparagraph (iii) of paragraph (a) of subdivision three of this

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

for the respondent expeditiously, but no later than five days.

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

shall be recorded in the respondent's case record.

6. 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 respondent,

including but not limited to the respondent's permanency hearing,

provided such approval is completed within sixty days of the start of

such placement.