N.Y. Social Services Law § 393: Court review of placement in a qualified residential treatment program

* § 393. 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 this article, and whose care

and custody were transferred to the commissioner of a local social

services district in accordance with section three hundred fifty-eight-a

of this chapter, or whose custody and guardianship were transferred to

the commissioner of a local social services district in accordance with

section three hundred eighty-three-c, or three hundred eighty-four-b of

this title.

2. (a) 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:

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

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

article;

(ii) 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

(iii) Approve or disapprove the placement of the child in a 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 this

article, the court may only approve the placement of the child 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 child in the qualified residential treatment program;

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

child's needs in a less restrictive environment; and

(3) that continued placement in the qualified residential treatment

program is in the child'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 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.

3. 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 clause

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

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

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

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

shall be recorded in the child's case record.

5. 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.

* NB There are 2 § 393's