§ 400. Removal of children. 1. When any child shall have been placed
in an institution or in a family home by a social services official,
the social services official may remove such child from such institution
or family home and make such disposition of such child as is provided by
law, provided however, that in the case of a child who is a patient in a
hospital licensed or operated by the office of mental health, such
social services official may remove such child only upon the written
authorization of the medical director of the facility in which the child
is a patient. A medical director may only refuse to authorize the
removal of a child if involuntary care and treatment of the child is
warranted. In such case the director shall institute necessary civil
commitment proceedings in accordance with article nine of the mental
hygiene law.

2. Any person aggrieved by such decision of a social services
official may appeal to the department pursuant to the provisions of
section twenty-two of this chapter.