§ 355.4. Provisions for routine medical, dental and mental health
services and treatment. * 1. At the conclusion of the dispositional
hearing pursuant to this article, where the respondent is to be placed
with the office of children and family services or a social services
district, the court shall inquire as to whether the parents or legal
guardian of the youth, if present, will consent for the office or the
district to provide routine medical, dental and mental health services
and treatment.

* NB Effective until March 31, 2028

* 1. At the conclusion of the dispositional hearing pursuant to this
article, where the respondent is to be placed with the division for
youth, the court shall inquire as to whether the parents or legal
guardian of the youth, if present, will consent for the division to
provide routine medical, dental and mental health services and
treatment.

* NB Effective March 31, 2028

* 2. Notwithstanding subdivision one of this section, where the court
places a youth with the office of children and family services or a
social services district pursuant to this article and no medical consent
has been obtained prior to an order of disposition, the placement order
shall be deemed to grant consent for the office or the district to
provide for routine medical, dental and mental health services and
treatment to such youth so placed.

* NB Effective until March 31, 2028

* 2. Notwithstanding subdivision one of this section, where the court
places a youth with the division pursuant to this article and no medical
consent has been obtained prior to an order of disposition, the
placement order shall be deemed to grant consent for the division for
youth to provide for routine medical, dental and mental health services
and treatment to such youth so placed.

* NB Effective March 31, 2028

3. Subject to regulations of the department of health, routine
medical, dental and mental health services and treatment is defined for
the purposes of this section to mean any routine diagnosis or treatment,
including without limitation the administration of medications or
nutrition, the extraction of bodily fluids for analysis, and dental care
performed with a local anesthetic. Routine mental health treatment shall
not include psychiatric administration of medication unless it is part
of an ongoing mental health plan or unless it is otherwise authorized by
law.

4. (a) At any time during placement or at an extension of placement
hearing, a parent or legal guardian may make a motion objecting to
routine medical, dental or mental health services and treatment being
provided to such youth as authorized under the provisions of subdivision
one of this section.

(b) Such notice of motion shall be served on the youth, the
presentment agency and the division not less than seven days prior to
the return date of the motion. The persons on whom the notice of motion
is served shall answer the motion not less than two days before the
return date. On examining the motion and answer and, in its discretion,
after hearing argument, the court shall enter an order, granting or
denying the motion.

5. Nothing in this section shall preclude a youth from consenting on
his or her own behalf to any medical, dental or mental health service
and treatment where otherwise authorized by law to do so, or the
division for youth from petitioning the court pursuant to section two
hundred thirty-three of this act, as appropriate.