§ 509. Transfers to state hospitals and schools in the department of
mental hygiene. 1. (a) The director of the division for youth may apply
for the transfer of any child in the care of the division to the
department of mental hygiene for care and treatment in a state hospital
or school under the jurisdiction of said department whenever it appears
to the satisfaction of the director of the division:

(i) that such child is living with mental illness or a developmental
disability and will substantially benefit from care and treatment in
such a state school or hospital; and

(ii) that the interests of the state will be best served thereby.

(b) The office for people with developmental disabilities may receive,
treat and otherwise care for such a child pursuant to article nine or
fifteen of the mental hygiene law if suitable for admission thereunder.

2. (a) Except in the case of an emergency requiring immediate
admission to a state hospital pursuant to the mental hygiene law, a
child in the care of the division may be transferred:

(i) after notice thereof has been given to the child to be
transferred, his parents or legal guardian, and his attorney of record,
if any; and

(ii) after he has been afforded an opportunity to be heard with
respect thereto at a hearing conducted by an impartial hearing officer
and to be represented at such hearing by counsel. If in the judgment of
the division such child is financially unable to obtain counsel, the
division shall pay such counsel's fees as shall be necessary to assure
adequate representation for such child.

(b) The hearing officer may accept the written waiver by a child of
his right to a hearing, provided the child knowingly and voluntarily
executed such waiver with the advice of counsel.

3. A child transferred pursuant to this section:

(a) shall continue to be under the general care and supervision of the
division for youth except that he shall be temporarily cared for and
treated by the institution to which the transfer is made.

(b) shall be subject to the laws and rules pertaining to the
institution to which he is admitted; and

(c) shall be entitled to the same rights and procedures under the
mental hygiene law as any other person admitted or converted in status
thereunder.

4. Whenever the commissioner of mental health or the director of a
residential treatment facility for children and youth, or the
commissioner of developmental disabilities finds that care and treatment
of a child transferred pursuant to this section or section 353.4 of the
family court act is no longer suitable under the mental hygiene law, he
or she shall forthwith so certify and discharge the child to the custody
of the child himself or herself, his or her parents, his or her legal
guardian, the local department of social services or the office of
children and family services, as appropriate, except that so long as
there is a valid order of the family court placing the child with the
office of children and family services, or a valid order of a criminal
court sentencing a child to the office of children and family services,
the child shall be returned to the care and custody of the office of
children and family services. The duration of the placement or sentence
with the such office of a child transferred pursuant to this section
shall not be extended or increased by reason of any such transfer.

5. All expenses incident to a transfer under this section shall be
borne by the division, subject to the provisions of title four of this
article. All expenses for the care and treatment of a child transferred
to the department of mental hygiene pursuant to this section shall be
borne by the department of mental hygiene.

6. An application by the director for admission of a child to a state
hospital shall be considered an application for voluntary admission in
accordance with section 9.13 of the mental hygiene law if such child is
under the age of sixteen or if the child is sixteen years of age or
older and has waived his right to a hearing in accordance with
subdivision two of this section. An application by the director for
admission to a state hospital of a child sixteen years of age or older
who has not knowingly and voluntarily consented to such application in
accordance with paragraph (b) of subdivision two of this section shall
be considered an application for involuntary admission in accordance
with section 9.27 of the mental hygiene law.

7. The director may, following the procedures outlined in this section
and subject to the requirements of section 9.51 of the mental hygiene
law, apply for the transfer of any child in the care of the division who
has not been sentenced as a juvenile offender pursuant to section 70.05
of the penal law, and who is not subject to a restrictive placement
pursuant to section 353.5 of the family court act, to a residential
treatment facility for children and youth.

8. Notwithstanding any other provision of law to the contrary,
juvenile offenders shall be transferred only to a facility under the
jurisdiction of the office of mental health specially designed for the
care and treatment of juvenile offenders which is characterized by
physically restricting construction, hardware and procedures.