§ 756-b. Court review of placement in a qualified residential\ntreatment program. 1. The provisions of this section shall apply when a\nrespondent is placed on or after September twenty-ninth, two thousand\ntwenty-one and resides in 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 in accordance with this part.\n 2. (a) When a respondent is in the care and custody of a local social\nservices district pursuant to this part, such social services district\nshall report any anticipated placement of the respondent 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 respondent,\nforthwith, but not later than one business day following either the\ndecision to place the respondent 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 the attorneys for the\nparties, including the attorney for the respondent, 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 respondent whose legal custody was transferred to a local\nsocial services district in accordance with this part resides in a\nqualified residential treatment program, as defined in section four\nhundred nine-h of the social services law, and where such respondent's\ninitial placement or change in placement in such qualified residential\ntreatment program commenced on or after September twenty-ninth, two\nthousand twenty-one, upon receipt of notice required pursuant to\nparagraph (a) of this subdivision and motion of the local social\nservices district, 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 the\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 section four hundred\nnine-h of the social services law, the court may only approve the\nplacement of the respondent in the qualified residential treatment\nprogram if:\n (A) the court finds, and states in the written order that:\n (1) circumstances exist that
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