New York § 9.53 Children in the custody of social services officials or the division for youth

New York Statutes

§ 9.53 — Children in the custody of social services officials or the division for youth

New York § 9.53

Law MHYMental Hygiene

Title BMental Health Act

Art. 9Hospitalization of Persons With a Mental Illness

This text of New York § 9.53 (Children in the custody of social services officials or the division for youth) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Mental Hygiene § 9.53 (2026).

Text

§ 9.53 Children in the custody of social services officials or the\n         division for youth.\n  (a) Admission of a child in the care and custody of a social services\nofficial or authorized agency, the director of the division for youth or\na person or entity granted such custody pursuant to section seven\nhundred fifty-six or one thousand fifty-five of the family court act to\na hospital or residential treatment facility for children and youth\nshall not be considered to effect a change in custody of such child and\nthe responsibilities of such person or entity having custody of the\nchild shall continue as described in the social services law, the\nexecutive law, the family court act and in any court order granting such\ncustody.\n  (b) Persons in the custody of a social services off

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§ 9.53 Children in the custody of social services officials or the\n division for youth.\n (a) Admission of a child in the care and custody of a social services\nofficial or authorized agency, the director of the division for youth or\na person or entity granted such custody pursuant to section seven\nhundred fifty-six or one thousand fifty-five of the family court act to\na hospital or residential treatment facility for children and youth\nshall not be considered to effect a change in custody of such child and\nthe responsibilities of such person or entity having custody of the\nchild shall continue as described in the social services law, the\nexecutive law, the family court act and in any court order granting such\ncustody.\n (b) Persons in the custody of a social services official, authorized\nagency, the division for youth or another person or entity pursuant to\nan outstanding and valid court order shall only be released to the\ncustody of that person or entity.\n (c) Prior to the discharge or release of a child who at the time of\nsuch release remains in the custody of a social services official,\nauthorized agency, the division for youth, or a person or entity granted\nsuch custody pursuant to section seven hundred fifty-six or one thousand\nfifty-five of the family court act, the facility in which the child is\nreceiving treatment shall plan the discharge of the child as required in\nsection 29.15 of this chapter. The facility shall prepare the plan in\ncollaboration with the person or entity having custody of the child and\nit shall be the duty of such person or entity to cooperate with the\nfacility in that effort. Notwithstanding any inconsistent provision of\nlaw, and subject to separate interagency agreements to be negotiated by\nthe commissioner of mental health and the commissioner of social\nservices and the commissioner of mental health and the director of the\ndivision for youth, information derived from the clinical record as\nrequired by this section may be revealed to the person or entity having\ncustody of the child, to the extent release of such information is\nnecessary to assure adequate discharge planning.\n