N.Y. Family Court Act § 756-b: Court review of placement in a qualified residential treatment program

§ 756-b. Court review of placement in a qualified residential

treatment program. 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 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 part.

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

services district pursuant to this part, such social services district

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 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 in accordance with this part 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, 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 the

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 it would be contrary to the welfare of the respondent to be

placed in a less restrictive setting and that continued placement in the

qualified residential treatment program is in the respondent's best

interest; 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 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.