§ 756-b. Court review of placement in a qualified residential
treatment program. 1. The provisions of this section shall apply when a
respondent is placed on or after September twenty-ninth, two thousand
twenty-one and resides in a qualified residential treatment program, as
defined in section four hundred nine-h of the social services law, and
whose care and custody were transferred to a local social services
district in accordance with this part.

2. (a) When a respondent is in the care and custody of a local social
services district pursuant to this part, such social services district
shall report any anticipated placement of the respondent into a
qualified residential treatment program, as defined in section four
hundred nine-h of the social services law, to the court and the
attorneys for the parties, including the attorney for the respondent,
forthwith, but not later than one business day following either the
decision to place the respondent in the qualified residential treatment
program or the actual date the placement change occurred, whichever is
sooner. Such notice shall indicate the date that the initial placement
or change in placement is anticipated to occur or the date the placement
change occurred, as applicable. Provided, however, if such notice lists
an anticipated date for the placement change, the local social services
district shall subsequently notify the court and the attorneys for the
parties, including the attorney for the respondent, of the date the
placement change occurred; such notice shall occur no later than one
business day following the placement change.

(b) When a respondent whose legal custody was transferred to a local
social services district in accordance with this part resides in a
qualified residential treatment program, as defined in section four
hundred nine-h of the social services law, and where such respondent's
initial placement or change in placement in such qualified residential
treatment program commenced on or after September twenty-ninth, two
thousand twenty-one, upon receipt of notice required pursuant to
paragraph (a) of this subdivision and motion of the local social
services district, the court shall schedule a court review to make an
assessment and determination of such placement in accordance with
subdivision three of this section. Notwithstanding any other provision
of law to the contrary, such court review shall occur no later than
sixty days from the date the placement of the respondent in the
qualified residential treatment program commenced.

3. (a) Within sixty days of the start of a placement of a respondent
referenced in subdivision one of this section in a qualified residential
treatment program, the court shall:

(i) Consider the assessment, determination and documentation made by
the qualified individual pursuant to section four hundred nine-h of the
social services law;

(ii) Determine whether the needs of the respondent can be met through
placement in a foster family home and, if not, whether placement of the
respondent in a qualified residential treatment program provides the
most effective and appropriate level of care for the respondent in the
least restrictive environment and whether that placement is consistent
with the short-term and long-term goals for the respondent as specified
in the respondent's permanency plan; and

(iii) Approve or disapprove the placement of the respondent in a
qualified residential treatment program. Provided that, where the
qualified individual determines that the placement of the respondent in
a qualified residential treatment program is not appropriate in
accordance with the assessment required pursuant to section four hundred
nine-h of the social services law, the court may only approve the
placement of the respondent in the qualified residential treatment
program if:

(A) the court finds, and states in the written order that:

(1) circumstances exist that necessitate the continued placement of
the respondent in the qualified residential treatment program;

(2) there is not an alternative setting available that can meet the
respondent's needs in a less restrictive environment; and

(3) that it would be contrary to the welfare of the respondent to be
placed in a less restrictive setting and that continued placement in the
qualified residential treatment program is in the respondent's best
interest; and

(B) the court's written order states the specific reasons why the
court has made the findings required pursuant to clause (A) of this
subparagraph.

(iv) Nothing herein shall prohibit the court from considering other
relevant and necessary information to make a determination.

(b) At the conclusion of the review, if the court disapproves
placement of the respondent in a qualified residential treatment program
the court shall, on its own motion, determine a schedule for the return
of the respondent and direct the local social services district to make
such other arrangements for the respondent's care and welfare that is in
the best interest of the respondent and in the most effective and least
restrictive setting as the facts of the case may require. If a new
placement order is necessary due to restrictions in the existing
governing placement order, the court may issue a new order.

4. The court may, on its own motion, or the motion of any of the
parties or the attorney for the respondent, proceed with the court
review required pursuant to this section on the basis of the written
records received and without a hearing. Provided however, the court may
only proceed with the court review without a hearing pursuant to this
subdivision upon the consent of all parties. Provided further, in the
event that the court conducts the court review requirement pursuant to
this section but does not conduct it in a hearing, the court shall issue
a written order specifying any determinations made pursuant to clause
(A) of subparagraph (iii) of paragraph (a) of subdivision three of this
section and provide such written order to the parties and the attorney
for the respondent expeditiously, but no later than five days.

5. Documentation of the court's determination pursuant to this section
shall be recorded in the respondent's case record.

6. Nothing in this section shall prohibit the court's review of a
placement in a qualified residential treatment program from occurring at
the same time as another hearing scheduled for such respondent,
including but not limited to the respondent's permanency hearing,
provided such approval is completed within sixty days of the start of
such placement.