N.Y. Mental Hygiene Law § 9.53: Children in the custody of social services officials or the division for youth

§ 9.53 Children in the custody of social services officials or the

division for youth.

(a) Admission of a child in the care and custody of a social services

official or authorized agency, the director of the division for youth or

a person or entity granted such custody pursuant to section seven

hundred fifty-six or one thousand fifty-five of the family court act to

a hospital or residential treatment facility for children and youth

shall not be considered to effect a change in custody of such child and

the responsibilities of such person or entity having custody of the

child shall continue as described in the social services law, the

executive law, the family court act and in any court order granting such

custody.

(b) Persons in the custody of a social services official, authorized

agency, the division for youth or another person or entity pursuant to

an outstanding and valid court order shall only be released to the

custody of that person or entity.

(c) Prior to the discharge or release of a child who at the time of

such release remains in the custody of a social services official,

authorized agency, the division for youth, or a person or entity granted

such custody pursuant to section seven hundred fifty-six or one thousand

fifty-five of the family court act, the facility in which the child is

receiving treatment shall plan the discharge of the child as required in

section 29.15 of this chapter. The facility shall prepare the plan in

collaboration with the person or entity having custody of the child and

it shall be the duty of such person or entity to cooperate with the

facility in that effort. Notwithstanding any inconsistent provision of

law, and subject to separate interagency agreements to be negotiated by

the commissioner of mental health and the commissioner of social

services and the commissioner of mental health and the director of the

division for youth, information derived from the clinical record as

required by this section may be revealed to the person or entity having

custody of the child, to the extent release of such information is

necessary to assure adequate discharge planning.