N.Y. Fam. Ct. Act § 353.7

§ 353.7. Placement in qualified residential treatment programs. 1. The\nprovisions of this section shall apply when a respondent is placed on or\nafter September twenty-ninth, two thousand twenty-one and resides in a\nnon-secure setting that is 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 or the office of children and family services in accordance\nwith this article.\n 2. (a) When a respondent is in the care and custody of a local social\nservices district or the office of children and family services pursuant\nto this article, such social services district or office shall report\nany anticipated placement of the respondent into a qualified residential\ntreatment program as defined in section four hundred nine-h of the\nsocial services law to the court and the attorneys for the parties,\nincluding the attorney for the respondent, forthwith, but not later than\none business day following either the decision to place the respondent\nin the qualified residential treatment program or the actual date the\nplacement change occurred, whichever is sooner. Such notice shall\nindicate the date that the initial placement or change in placement is\nanticipated to occur or the date the placement change occurred, as\napplicable. Provided, however, if such notice lists an anticipated date\nfor the placement change, the local social services district or office\nshall subsequently notify the court and the attorneys for the parties,\nincluding the attorney for the respondent, of the date the placement\nchange occurred, such notice shall occur no later than one business day\nfollowing the placement change.\n (b) When a respondent whose legal custody was transferred to a local\nsocial services district or the office of children and family services\nin accordance with this article resides in a qualified residential\ntreatment program as defined in section four hundred nine-h of the\nsocial services law, and where such respondent's initial placement or\nchange in placement in such qualified residential treatment program\ncommenced on or after September twenty-ninth, two thousand twenty-one,\nupon receipt of notice required pursuant to paragraph (a) of this\nsubdivision and motion of the local social services district or the\noffice of children and family services with legal custody of the\nrespondent, 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 a\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 necessitate the continued placement of\nthe respondent in the qualified residential treatment program;\n (2) there is not an alternative setting available that can meet the\nrespondent's needs in a less restrictive environment; and\n (3) that continued placement in the qualified residential treatment\nprogram serves the respondent's needs and best interests or the need for\nprotection of the community; 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 respondent in a qualified residential treatment program\nthe court shall, on its own motion, determine a schedule for the return\nof the respondent and direct the local social services district or\noffice of children and family services, as applicable, to make such\nother arrangements for the respondent's care and welfare that is in the\nbest interest of the respondent and in the most effective and least\nrestrictive setting as the facts of the case may require. If a new\nplacement order is necessary due to restrictions in the existing\ngoverning placement order, the court may issue a new order.\n 4. The court may, on its own motion, or the motion of any of the\nparties or the attorney for the respondent, proceed with the court\nreview required pursuant to this section on the basis of the written\nrecords received and without a hearing. Provided however, the court may\nonly proceed 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 three of this\nsection and provide such written order to the parties and the attorney\nfor the respondent expeditiously, but no later than five days.\n 5. Documentation of the court's determination pursuant to this section\nshall be recorded in the respondent's case record.\n 6. 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 respondent,\nincluding but not limited to the respondent's permanency hearing,\nprovided such approval is completed within sixty days of the start of\nsuch placement.\n