Public-domain · open source
OpenJurist

N.Y. Mental Hyg. Law § 9.53

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

Applied in 1 court decision — leading case Matter of Pawel v. Justice Ctr. for the Protection of People with Special Needs (2024)

Most recently applied in Matter of Pawel v. Justice Ctr. for the Protection of People with Special Needs (January 2024)

2014-09-22

§ 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

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.