N.Y. Social Services Law § 400: Removal of children

§ 400. Removal of children. 1. When any child shall have been placed

in an institution or in a family home by a social services official,

the social services official may remove such child from such institution

or family home and make such disposition of such child as is provided by

law, provided however, that in the case of a child who is a patient in a

hospital licensed or operated by the office of mental health, such

social services official may remove such child only upon the written

authorization of the medical director of the facility in which the child

is a patient. A medical director may only refuse to authorize the

removal of a child if involuntary care and treatment of the child is

warranted. In such case the director shall institute necessary civil

commitment proceedings in accordance with article nine of the mental

hygiene law.

2. Any person aggrieved by such decision of a social services

official may appeal to the department pursuant to the provisions of

section twenty-two of this chapter.