N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.18 - Hearings and Submission of Reports and Assessments on the Placement of a Child in a Qualified Residential Treatment Program
(1) The Commissioner of the local social
services district or other agency requesting placement (hereafter
"Commissioner") shall file a petition or a motion requesting a court hearing on
the placement of a child in a "qualified residential treatment program" prior
to or no later than five days after entry of the child into the placement. The
Commissioner shall serve, send or securely transmit notice to all counsel, the
parties, the attorney for the child and, if the child is ten years of age or
older, the child, of the date, time and court part in which the case will be
heard. At that appearance, the court shall either make a determination as to
the appropriateness of and need for the placement or schedule a hearing for
such determination. The de- termination shall be made no later than 60 days of
the placement of the child in the "qualified residential treatment
program."
(2) The Commissioner
shall arrange for the completion of an assessment and report by a "qualified
individual" no later than 30 days after the date of the child's placement in
the "qualified residential treatment program" and shall submit it to the court
and serve. send or securely transmit it to counsel, the parties and the
attorney no later than five days after completion of the report by the
"qualified individual" but in no event less than ten days prior to the first
scheduled hearing at which a determination will be made.
(3) The report and assessment shall include:
(a) The qualifications and training of the
"qualified individual" preparing the report and assessment, including
information as to affiliations, if any, with any state, local or authorized
agency in the State of New York that provides placement services for
children;
(b) The names of all
caseworkers, mental health professionals and family members who contributed to
the report and assessment as members of the team;, including any members
suggested by the child if the child is fourteen years of age or
older;
(c) An evaluation of the
strengths and needs of the child and the need for the child's placement in the
designated qualified residential treatment facility (hereinafter
"facility");
(d) The reasons why
the needs of the child cannot be appropriately and effectively met in a kinship
or non-kinship foster home placement;
(e) The specific facility and the level of
care in which the child is or will be placed;
(f) A description of the designated facility
and the specific treatment services offered to the child at that
facility;
(g) The short term and
long-term goals of the child's placement and how the placement at the
designated facility meets those goals;
(h) How the placement in the specific
facility and level of care is the most effective and appropriate placement in
the least restrictive environment for the child;
(i) Documentation of the time frame and plan
for the child's discharge from the qualified residential treatment facility;
and
(j) Any mental health diagnosis
and the basis for that diagnosis, as well as a summary of any diagnostic and
treatment records, regarding the child within the past three years; provided
that the diagnosis and treatment records shall be provided upon the request of
counsel for a party, the attorney for the child or the court.
(4) If the court denies the
Commissioner's application for the child to be placed in the specific
"qualified residential treatment program" and/or level of care recommended by
the Commissioner, the Commissioner shall submit a new report and assessment
within ten days of the court's denial. The new report and assessment shall
include a short term and long-term plan for the child including an alternative
placement and/or return to parent/guardian. If the alternative placement is a
qualified residential treatment program, a new assessment by a "qualified
individual" must contain the information required by subdivision three of this
section and must be provided to the court and all parties, including the
attorney for the child, no later than five days after completion of the report
by the "qualified individual" but in no event less than ten days prior to the
adjourned date. In such a case, the court shall make a determination of
approval or disapproval of the placement in the "qualified residential
treatment program." not later than 60 days after the placement of the child in
such program.
(5) A court review as
to whether the child's placement in the "qualified residential treatment
program" remains necessary shall be scheduled by the court no later than the
next permanency or extension of placement hearing. The Commissioner shall
serve, send or securely transmit notice to the parties, counsel and attorney
for the child and shall submit a new report and assessment within five days of
its completion but not less than ten days prior to the scheduled hearing. At
each permanency or extension of placement hearing following the approval of the
placement in the "qualified residential treatment program," the commissioner of
the local social services district shall provide a new report and assessment
including the information required by subdivision three of this section. The
new report and assessment submitted for each such hearing shall include the
information required by subdivision three of this section.
Notes
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