N.Y. Family Court Act § 355.4: Provisions for routine medical, dental and mental health services and treatment

§ 355.4. Provisions for routine medical, dental and mental health

services and treatment. * 1. At the conclusion of the dispositional

hearing pursuant to this article, where the respondent is to be placed

with the office of children and family services or a social services

district, the court shall inquire as to whether the parents or legal

guardian of the youth, if present, will consent for the office or the

district to provide routine medical, dental and mental health services

and treatment.

* NB Effective until March 31, 2028

* 1. At the conclusion of the dispositional hearing pursuant to this

article, where the respondent is to be placed with the division for

youth, the court shall inquire as to whether the parents or legal

guardian of the youth, if present, will consent for the division to

provide routine medical, dental and mental health services and

treatment.

* NB Effective March 31, 2028

* 2. Notwithstanding subdivision one of this section, where the court

places a youth with the office of children and family services or a

social services district pursuant to this article and no medical consent

has been obtained prior to an order of disposition, the placement order

shall be deemed to grant consent for the office or the district to

provide for routine medical, dental and mental health services and

treatment to such youth so placed.

* NB Effective until March 31, 2028

* 2. Notwithstanding subdivision one of this section, where the court

places a youth with the division pursuant to this article and no medical

consent has been obtained prior to an order of disposition, the

placement order shall be deemed to grant consent for the division for

youth to provide for routine medical, dental and mental health services

and treatment to such youth so placed.

* NB Effective March 31, 2028

3. Subject to regulations of the department of health, routine

medical, dental and mental health services and treatment is defined for

the purposes of this section to mean any routine diagnosis or treatment,

including without limitation the administration of medications or

nutrition, the extraction of bodily fluids for analysis, and dental care

performed with a local anesthetic. Routine mental health treatment shall

not include psychiatric administration of medication unless it is part

of an ongoing mental health plan or unless it is otherwise authorized by

law.

4. (a) At any time during placement or at an extension of placement

hearing, a parent or legal guardian may make a motion objecting to

routine medical, dental or mental health services and treatment being

provided to such youth as authorized under the provisions of subdivision

one of this section.

(b) Such notice of motion shall be served on the youth, the

presentment agency and the division not less than seven days prior to

the return date of the motion. The persons on whom the notice of motion

is served shall answer the motion not less than two days before the

return date. On examining the motion and answer and, in its discretion,

after hearing argument, the court shall enter an order, granting or

denying the motion.

5. Nothing in this section shall preclude a youth from consenting on

his or her own behalf to any medical, dental or mental health service

and treatment where otherwise authorized by law to do so, or the

division for youth from petitioning the court pursuant to section two

hundred thirty-three of this act, as appropriate.