§ 1091-a. Court review of placement in a qualified residential\ntreatment program. 1. The provisions of this section shall apply when a\nformer foster care youth is placed on or after September twenty-ninth,\ntwo thousand twenty-one, and resides in a qualified residential\ntreatment program, as defined in section four hundred nine-h of the\nsocial services law, and whose care and custody were transferred to a\nlocal social services district or the office of children and family\nservices in accordance with this article.\n 2. (a) When a former foster care youth is in the care and custody of a\nlocal social services district or the office of children and family\nservices pursuant to this article, such social services district or\noffice shall report any anticipated placement of the former foster care\nyouth into a qualified residential treatment program, as defined in\nsection four hundred nine-h of the social services law, to the court and\nthe attorneys for the parties, including the attorney for the former\nfoster care youth, forthwith, but not later than one business day\nfollowing either the decision to place the former foster care youth in\nthe qualified residential treatment program or the actual date the\nplacement change occurred, whichever is sooner. Such notice shall\nindicate the date that the initial placement or change in placement is\nanticipated to occur or the date the placement change occurred, as\napplicable. Provided, however, if such notice lists an anticipated date\nfor the placement change, the local social services district or office\nshall subsequently notify the court and attorneys for the parties,\nincluding the attorney for the former foster care youth, of the date the\nplacement change occurred; such notice shall occur no later than one\nbusiness day following the placement change.\n (b) When a former foster care youth whose legal custody was\ntransferred to a local social services district or the office of\nchildren and family services in accordance with this article resides in\na qualified residential treatment program, as defined in section four\nhundred nine-h of the social services law, and where such former foster\ncare youth's initial placement or change in placement in such qualified\nresidential treatment program commenced on or after September\ntwenty-ninth, two thousand twenty-one, upon receipt of notice required\npursuant to paragraph (a) of this subdivision and motion of the local\nsocial services district, the court shall schedule a court review to\nmake an assessment and determination of such placement in accordance\nwith subdivision three of this section. Notwithstanding any other\nprovision of law to the contrary, such court review shall occur no later\nthan sixty days from the date the placement of the former foster care\nyouth in the qualified residential treatment program commenced.\n 3. Within sixty days of the start of a placement of a former foster\ncare youth referenced in subdivision one of this section in a qualified\nresidential treatment program, the court shall:\n (a) Consider the assessment, determination, and documentation made by\nthe qualified individual pursuant to section four hundred nine-h of the\nsocial services law;\n (b) Determine whether the needs of the former foster care youth can be\nmet through placement in a foster family home and, if not, whether\nplacement of the former foster care youth in a qualified residential\ntreatment program provides the most effective and appropriate level of\ncare for the former foster care youth in the least restrictive\nenvironment and whether that placement is consistent with the short-term\nand long-term goals for the former foster care youth, as specified in\nthe former foster care youth's permanency plan; and\n (c) Approve or disapprove the placement of the former foster care\nyouth in a qualified residential treatment program. Provided that, where\nthe qualified individual determines that the placement of the forme
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