§ 353.7. Placement in qualified residential treatment programs. 1. The\nprovisions of this section shall apply when a respondent is placed on or\nafter September twenty-ninth, two thousand twenty-one and resides in a\nnon-secure setting that is a qualified residential treatment program, as\ndefined in section four hundred nine-h of the social services law, and\nwhose care and custody were transferred to a local social services\ndistrict or the office of children and family services in accordance\nwith this article.\n 2. (a) When a respondent is in the care and custody of a local social\nservices district or the office of children and family services pursuant\nto this article, such social services district or office shall report\nany anticipated placement of the respondent into a qualified residential\ntreatment program as defined in section four hundred nine-h of the\nsocial services law to the court and the attorneys for the parties,\nincluding the attorney for the respondent, forthwith, but not later than\none business day following either the decision to place the respondent\nin the 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 the attorneys for the parties,\nincluding the attorney for the respondent, 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 respondent whose legal custody was transferred to a local\nsocial services district or the office of children and family services\nin accordance with this article resides in a qualified residential\ntreatment program as defined in section four hundred nine-h of the\nsocial services law, and where such respondent'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 or the\noffice of children and family services with legal custody of the\nrespondent, the court shall schedule a court review to make an\nassessment and determination of such placement in accordance with\nsubdivision three of this section. Notwithstanding any other provision\nof law to the contrary, such court review shall occur no later than\nsixty days from the date the placement of the respondent in the\nqualified residential treatment program commenced.\n 3. (a) Within sixty days of the start of a placement of a respondent\nreferenced in subdivision one of this section in a qualified residential\ntreatment program, the court shall:\n (i) Consider the assessment, determination, and documentation made by\nthe qualified individual pursuant to section four hundred nine-h of the\nsocial services law;\n (ii) Determine whether the needs of the respondent can be met through\nplacement in a foster family home and, if not, whether placement of the\nrespondent in a qualified residential treatment program provides the\nmost effective and appropriate level of care for the respondent in the\nleast restrictive environment and whether that placement is consistent\nwith the short-term and long-term goals for the respondent as specified\nin the respondent's permanency plan; and\n (iii) Approve or disapprove the placement of the respondent in a\nqualified residential treatment program. Provided that, where a\nqualified individual determines that the placement of the respondent in\na qualified residential treatment program is not appropriate in\naccordance with the assessment required pursuant to
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.