§ 393 — Court review of placement in a qualified residential treatment program

* § 393. Court review of placement in a qualified residential\ntreatment program. 1. The provisions of this section shall apply when a\nchild 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 this article, and whose care\nand custody were transferred to the commissioner of a local social\nservices district in accordance with section three hundred fifty-eight-a\nof this chapter, or whose custody and guardianship were transferred to\nthe commissioner of a local social services district in accordance with\nsection three hundred eighty-three-c, or three hundred eighty-four-b of\nthis title.\n 2. (a) Within sixty days of the start of a placement of a child\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 this\narticle;\n (ii) 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 (iii) Approve or disapprove the placement of the child in a 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 this\narticle, the court may only approve the placement of the child in the\nqualified residential treatment program if:\n (A) the court finds, and states in the written order that:\n (1) circumstances exist that necessitate the continued placement of\nthe child in the qualified residential treatment program;\n (2) there is not an alternative setting available that can meet the\nchild's needs in a less restrictive environment; and\n (3) that continued placement in the qualified residential treatment\nprogram is in the child's best interest; and\n (B) the court's written order states the specific reasons why the\ncourt has made the findings required pursuant to clause (A) of this\nsubparagraph.\n (iv) Nothing herein shall prohibit the court from considering other\nrelevant and necessary information to make a determination.\n (b) At the conclusion of the review, if the court disapproves\nplacement of the child in a qualified residential treatment program the\ncourt shall, on its own motion, determine a schedule for the return of\nthe child and direct the local social services district to make such\nother arrangements for the child's care and welfare that is in the best\ninterest of the child and in the most effective and least restrictive\nsetting as the facts of the case may require. If a new placement order\nis necessary due to restrictions in the existing governing placement\norder, the court may issue a new order.\n 3. The court may, on its own motion, or the motion of any of the\nparties or the attorney for the child, proceed with the court review\nrequired pursuant to this section on the basis of the written records\nreceived and without a hearing. Provided however, the court may only\nproceed with the court review without a hearing pursuant to this\nsubdivision upon the consent of all parties. Provided further, in the\nevent that the court conducts the court review requirement pursuant to\nthis section but does not conduct it in a hearing, the court shall issue\na written order specifying any determinations made pursuant to clause\n(A) of subparagraph (iii) of paragraph (a) of subdivision two of this\nsection and provide such written order to the parties and the attorney\nfor the child expeditiously, but no later than five days.\n 4. Documentation of the court's determination pursuant to this section\nshall be recorded in the child's case record.\n 5. Nothing in this section shall prohibit the court's review of a\nplacement in a qualified residential treatment program from occurring at\nthe same time as another hearing scheduled for such child, including but\nnot limited to the child's permanency hearing, provided such approval is\ncompleted within sixty days of the start of such placement.\n * NB There are 2 § 393's\n