§ 9.51 Residential treatment facilities for children and youth;\n admissions.\n (a) The director of a residential treatment facility for children and\nyouth, as defined by section 1.03 of this chapter, may receive as a\npatient a person under the age of twenty-one in need of care and\ntreatment in such a facility who has been determined appropriate for\nsuch care and treatment in accordance with standards and priorities for\nadmission established by the office in regulations in accordance with\nfederal regulations.\n (b) Persons admitted as in-patients to hospitals operated by the\noffice of mental health upon the application of the commissioner of the\noffice of children and family services pursuant to section five hundred\nnine of the executive law or 353.4 of the family court act who are not\nsubject to a restrictive placement pursuant to section 353.5 of the\nfamily court act, may, if appropriate, and subject to the provisions of\nsubdivision (d) of this section, be transferred to a residential\ntreatment facility for children and youth. The commissioner of the\noffice of children and family services shall be notified of any such\ntransfer. When appropriate, the director of the residential treatment\nfacility may arrange the return of a patient so transferred to the\nhospital or the transfer of a patient to another hospital or, in\naccordance with subdivision four of section five hundred nine of the\nexecutive law to the commissioner of the office of children and family\nservices.\n (c) The commissioner shall consult with the executive director of the\ncouncil on children and families regarding the establishment of an\nadvisory board. The advisory board shall include, as deemed appropriate\nby the commissioner and the executive director of the council on\nchildren and families, representatives of the members of the council on\nchildren and families as specified in section four hundred eighty-three\nof the social services law, local agency representatives under the\njurisdiction of a member agency of the council on children and families,\nfamily representatives with lived experience with residential treatment\nfacility services, medical directors from residential treatment\nfacilities, and representatives from hospitals with pediatric inpatient\npsychiatric beds, that is not operated by the state office of mental\nhealth. Members of the advisory board shall be representative of the\nracial, ethnic, and geographic diversity of the state. Such board shall\nhave the right to visit residential treatment facilities for children\nand youth and shall have the right to review clinical records and shall\nbe bound by the confidentiality requirements of section 33.13 of this\nchapter. The advisory board shall issue an annual report on the\ndisposition of applications for admission to residential treatment\nfacilities. Such report shall include, but not be limited to: the number\nof children that applied to each residential treatment facility, the\nnumber of children admitted to each residential treatment facility, the\nnumber of children transferred from a hospital operated by the office of\nmental health and subsequently transferred to another hospital, the\naverage length of stay for residents at each residential treatment\nfacility, the number of children served at each residential treatment\nfacility, and the number of involuntary placements and/or transfers from\noffice of mental health operated inpatient facilities which occur each\ncalendar year. Such annual report shall be posted on the office of\nmental health's website and submitted to the governor, the speaker of\nthe assembly and the temporary president of the senate by March first\nfor the previous calendar year.\n (d) Applications for admission or transfer of an individual to a\nresidential treatment facility for children and youth must document that\nthere has been an evaluation of the needs of the individual and a\ndetermination of the individual's need for
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