§ 409-H — Assessment of appropriateness of placement in a qualified residential treatment program

§ 409-h. Assessment of appropriateness of placement in a qualified\nresidential treatment program. 1. (a) Prior to a child's placement in a\nqualified residential treatment program, as defined in subdivision four\nof this section, but at least within thirty days of the start of a\nplacement in a qualified residential treatment program of a child in the\ncare and custody or the custody and guardianship of the commissioner of\na local social services district or the office of children and family\nservices that occurs on or after September twenty-ninth, two thousand\ntwenty-one, a qualified individual as defined in subdivision five of\nthis section shall complete an assessment as to the appropriateness of\nsuch placement utilizing an age-appropriate, evidence-based, validated,\nfunctional assessment tool approved by the federal government for such\npurpose. Such assessment shall be in accordance with 42 United States\nCode sections 672 and 675a and the state's approved title IV-E state\nplan and shall include, but not be limited to: (i) an assessment of the\nstrengths and needs of the child; and (ii) a determination of the most\neffective and appropriate level of care for the child in the least\nrestrictive setting, including whether the needs of the child can be met\nwith family members or through placement in a foster family home, or in\na setting specified in paragraph (c) of this subdivision, consistent\nwith the short-term and long-term goals for the child as specified in\nthe child's permanency plan. Such assessment shall be completed in\nconjunction with the family and permanency team established pursuant to\nparagraph (b) of this subdivision.\n (b) The family and permanency team shall consist of all appropriate\nbiological family members, relatives, and fictive kin of the child, as\nwell as, as appropriate, professionals who are a resource to the family\nof the child, including but not limited to, the attorney for the child\nor the attorney for the parent if applicable, teachers, medical or\nmental health providers who have treated the child, or clergy. In the\ncase of a child who has attained the age of fourteen, the family and\npermanency team shall include the members of the permanency planning\nteam for the child in accordance with 42 United States Code section 675\nand the state's approved title IV-E state plan.\n (c) Where the qualified individual determines that the child may not\nbe placed in a foster family home, the qualified individual must specify\nin writing the reasons why the needs of the child cannot be met by the\nchild's family or in a foster family home. A shortage or lack of foster\nfamily homes shall not constitute circumstances warranting a\ndetermination that the needs of the child cannot be met in a foster\nfamily home. The qualified individual shall also include why such a\nplacement is not the most effective and appropriate level of care for\nsuch child. Such determination shall include whether the needs of the\nchild can be met through placement in:\n (i) An available supervised setting, as such term is defined in\nsection three hundred seventy-one of this article;\n (ii) If the child has been found to be, or is at risk of becoming, a\nsexually exploited child as defined in subdivision one of section four\nhundred forty-seven-a of this article, a setting providing residential\ncare and supportive services for sexually exploited children;\n (iii) A setting specializing in providing prenatal, post-partum or\nparenting supports for youth; or\n (iv) A qualified residential treatment program.\n 2. The qualified individual or their designee shall promptly, but no\nlater than five days following the completion of the assessment, provide\nthe assessment, determination and documentation pursuant to subdivision\none of this section to the court, the parent or guardian of the child,\nand to the attorney for the child and the attorney for the parent, if\napplicable, and a written summary detailing the assessment findings\nrequired pursuant to subdivision one of this section to either the local\nsocial services district or the office of children and family services\nthat has care and custody or custody and guardianship of the child, as\napplicable, and the parties to the proceeding, redacting any information\nnecessary to comply with federal and state confidentiality laws.\n 3. Where the qualified individual determines that the placement of the\nchild in a qualified residential treatment program is not appropriate\nafter the assessment conducted pursuant to subdivision one of this\nsection, the child's placement shall continue until the court has an\nopportunity to hold a hearing to consider the qualified individual's\nassessment and make an independent determination required pursuant to\nsection three hundred ninety-three of this article or sections 353.7,\nseven hundred fifty-six-b, one thousand fifty-five-c, one thousand\nninety-one-a or one thousand ninety-seven of the family court act, as\napplicable. Provided however, nothing herein shall prohibit a motion\nfrom being filed pursuant to sections 355.1, seven hundred sixty-four or\none thousand eighty-eight of the family court act, as applicable. If the\nappropriate party files such motion, the court shall hold a hearing, as\nrequired, and also complete the assessment required pursuant to section\nthree hundred ninety-three of this article or sections 353.7, seven\nhundred fifty-six-b, one thousand fifty-five-c, one thousand\nninety-one-a or one thousand ninety-seven of the family court act, as\napplicable, at the same time. The court shall consider all relevant and\nnecessary information as required and make a determination about the\nappropriateness of the child's placement based on standards required\npursuant to the applicable sections.\n 4. "Qualified residential treatment program" means a program that is a\nnon-foster family residential program in accordance with 42 United State\nCode sections 672 and 675a and the state's approved title IV-E state\nplan.\n 5. "Qualified individual" shall mean a trained professional or\nlicensed clinician acting within their scope of practice who shall have\ncurrent or previous relevant experience in the child welfare field.\nProvided however, such individual shall not be an employee of the office\nof children and family services, nor shall such person have a direct\nrole in case management or case planning decision making authority for\nthe child for whom such assessment is being conducted, in accordance\nwith 42 United States Code sections 672 and 675a and the state's\napproved title IV-E state plan.\n