§ 1097. Court review of placement in a qualified residential treatment\nprogram. 1. The provisions of this section shall apply when a child is\nplaced on or after September twenty-ninth, two thousand twenty-one, and\nresides in a qualified residential treatment program, as defined in\nsection four hundred nine-h of the social services law, and whose care\nand custody were transferred to a local social services district in\naccordance with this article.\n 2. (a) When a child is in the care and custody of a local social\nservices district pursuant to this article, such social services\ndistrict shall report any anticipated placement of the child into a\nqualified residential treatment program, as defined in section four\nhundred nine-h of the social services law, to the court and the\nattorneys for the parties, including the attorney for the child,\nforthwith, but not later than one business day following either the\ndecision to place the child in the qualified residential treatment\nprogram or the actual date the placement change occurred, whichever is\nsooner. Such notice shall indicate the date that the initial placement\nor change in placement is anticipated to occur or the date the placement\nchange occurred, as applicable. Provided, however, if such notice lists\nan anticipated date for the placement change, the local social services\ndistrict shall subsequently notify the court and attorneys for the\nparties, including the attorney for the child, of the date the placement\nchange occurred, such notice shall occur no later than one business day\nfollowing the placement change.\n (b) When a child whose legal custody was transferred to a local social\nservices district in accordance with this article resides in a qualified\nresidential treatment program, as defined in section four hundred nine-h\nof the social services law, and where such child's initial placement or\nchange in placement in such qualified residential treatment program\ncommenced on or after September twenty-ninth, two thousand twenty-one,\nupon receipt of notice required pursuant to paragraph (a) of this\nsubdivision and motion of the local social services district, the court\nshall schedule a court review to make an assessment and determination of\nsuch placement in accordance with subdivision three of this section.\nNotwithstanding any other provision of law to the contrary, such court\nreview shall occur no later than sixty days from the date the placement\nof the child in the qualified residential treatment program commenced.\n 3. Within sixty days of the start of a placement of a child referenced\nin subdivision one of this section in a qualified residential treatment\nprogram, 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 child can be met through\nplacement in a foster family home and, if not, whether placement of the\nchild in a qualified residential treatment program provides the most\neffective and appropriate level of care for the child in the least\nrestrictive environment and whether that placement is consistent with\nthe short-term and long-term goals for the child, as specified in the\nchild's permanency plan; and\n (c) Approve or disapprove the placement of the child in the qualified\nresidential treatment program. Provided that, where the qualified\nindividual determines that the placement of the child in a qualified\nresidential treatment program is not appropriate in accordance with the\nassessment required pursuant to section four hundred nine-h of the\nsocial services law, the court may only approve the placement of the\nchild in the qualified residential treatment program if:\n (i) the court finds, and states in the written order that:\n (A) circumstances exist that necessitate the continued placement of\nthe child in the qualified residential treatment
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