§ 4005. Placement and evaluation of children. 1. a. Children placed by\nthe family court. When the placement of a child is being considered by\nthe family court pursuant to section 353.3, seven hundred fifty-six or\none thousand fifty-five of the family court act and such child is\nthought to have a handicapping condition and may be placed in a child\ncare institution, the family court judge or the probation department\nshall request the school district of residence to provide that the\ncommittee on special education of such district evaluate such child and\nmake written recommendations for appropriate educational services and to\nforward a written evaluation and recommendation within forty-two days of\nsuch request. Such information shall be used to determine the most\nappropriate placement for the child, and if the family court places the\nchild in the custody of a social services district, it shall transmit\nsuch information to such district. If the committee on special education\ndetermines that the child does not have a handicapping condition, it\nshall notify the family court of such determination within forty-two\ndays. If the committee on special education fails to make a\nrecommendation pursuant to the provisions of this paragraph, the family\ncourt shall obtain such information from the school district pursuant to\nsection two hundred fifty-five of the family court act.\n b. Children placed by a local social services district. When a local\nsocial services district is considering the placement of a child thought\nto have a handicapping condition in a child care institution, the social\nservices district shall request the school district of residence to\nprovide that the committee on special education of such district\nevaluate such child and make written recommendations for appropriate\neducational services within forty-two days, except where such\ninformation has been obtained by the family court. Such information\nshall be used to determine the most appropriate placement for the child.\nIf the committee on special education determines that the child does not\nhave a handicapping condition, it shall notify the social services\ndistrict of such determination within forty-two days.\n c. Children placed by the division for youth. (i) Any educational\ninformation obtained by the family court pursuant to this section shall\nbe transmitted to the division for youth pursuant to section five\nhundred seven-b of the executive law. The division shall use such\ninformation to determine the most appropriate placement for the child.\n (ii) When the division for youth is considering the placement of a\nchild thought to have a handicapping condition in a child care\ninstitution, pursuant to article nineteen-G of the executive law, the\ndivision shall request the school district of residence to provide that\nthe committee on special education of such district evaluate such child\nand make written recommendations for appropriate educational services\nwithin forty-two days. Such information shall be used to determine the\nmost appropriate placement for the child. If the committee on special\neducation determines that the child does not have a handicapping\ncondition, it shall notify the division of such determination within\nforty-two days.\n d. Children placed in residential treatment facilities for children\nand youth. When a pre-admission certification committee established\npursuant to section 9.51 of the mental hygiene law is considering the\nplacement of a child who has not previously been placed in a child care\ninstitution by a public agency in a residential treatment facility for\nchildren and youth and such child is thought to have a handicapping\ncondition, the committee shall request the school district of residence\nto provide that the committee on special education of such district\nevaluate such child and make written recommendations for appropriate\neducational services and to forward a written evaluation and\nrec
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