§ 409-h. Assessment of appropriateness of placement in a qualified
residential treatment program. 1. (a) Prior to a child's placement in a
qualified residential treatment program, as defined in subdivision four
of this section, but at least within thirty days of the start of a
placement in a qualified residential treatment program of a child in the
care and custody or the custody and guardianship of the commissioner of
a local social services district or the office of children and family
services that occurs on or after September twenty-ninth, two thousand
twenty-one, a qualified individual as defined in subdivision five of
this section shall complete an assessment as to the appropriateness of
such placement utilizing an age-appropriate, evidence-based, validated,
functional assessment tool approved by the federal government for such
purpose. Such assessment shall be in accordance with 42 United States
Code sections 672 and 675a and the state's approved title IV-E state
plan and shall include, but not be limited to: (i) an assessment of the
strengths and needs of the child; and (ii) a determination of the most
effective and appropriate level of care for the child in the least
restrictive setting, including whether the needs of the child can be met
with family members or through placement in a foster family home, or in
a setting specified in paragraph (c) of this subdivision, consistent
with the short-term and long-term goals for the child as specified in
the child's permanency plan. Such assessment shall be completed in
conjunction with the family and permanency team established pursuant to
paragraph (b) of this subdivision.

(b) The family and permanency team shall consist of all appropriate
biological family members, relatives, and fictive kin of the child, as
well as, as appropriate, professionals who are a resource to the family
of the child, including but not limited to, the attorney for the child
or the attorney for the parent if applicable, teachers, medical or
mental health providers who have treated the child, or clergy. In the
case of a child who has attained the age of fourteen, the family and
permanency team shall include the members of the permanency planning
team for the child in accordance with 42 United States Code section 675
and the state's approved title IV-E state plan.

(c) Where the qualified individual determines that the child may not
be placed in a foster family home, the qualified individual must specify
in writing the reasons why the needs of the child cannot be met by the
child's family or in a foster family home. A shortage or lack of foster
family homes shall not constitute circumstances warranting a
determination that the needs of the child cannot be met in a foster
family home. The qualified individual shall also include why such a
placement is not the most effective and appropriate level of care for
such child. Such determination shall include whether the needs of the
child can be met through placement in:

(i) An available supervised setting, as such term is defined in
section three hundred seventy-one of this article;

(ii) If the child has been found to be, or is at risk of becoming, a
sexually exploited child as defined in subdivision one of section four
hundred forty-seven-a of this article, a setting providing residential
care and supportive services for sexually exploited children;

(iii) A setting specializing in providing prenatal, post-partum or
parenting supports for youth; or

(iv) A qualified residential treatment program.

2. The qualified individual or their designee shall promptly, but no
later than five days following the completion of the assessment, provide
the assessment, determination and documentation pursuant to subdivision
one of this section to the court, the parent or guardian of the child,
and to the attorney for the child and the attorney for the parent, if
applicable, and a written summary detailing the assessment findings
required pursuant to subdivision one of this section to either the local
social services district or the office of children and family services
that has care and custody or custody and guardianship of the child, as
applicable, and the parties to the proceeding, redacting any information
necessary to comply with federal and state confidentiality laws.

3. Where the qualified individual determines that the placement of the
child in a qualified residential treatment program is not appropriate
after the assessment conducted pursuant to subdivision one of this
section, the child's placement shall continue until the court has an
opportunity to hold a hearing to consider the qualified individual's
assessment and make an independent determination required pursuant to
section three hundred ninety-three of this article or sections 353.7,
seven hundred fifty-six-b, one thousand fifty-five-c, one thousand
ninety-one-a or one thousand ninety-seven of the family court act, as
applicable. Provided however, nothing herein shall prohibit a motion
from being filed pursuant to sections 355.1, seven hundred sixty-four or
one thousand eighty-eight of the family court act, as applicable. If the
appropriate party files such motion, the court shall hold a hearing, as
required, and also complete the assessment required pursuant to section
three hundred ninety-three of this article or sections 353.7, seven
hundred fifty-six-b, one thousand fifty-five-c, one thousand
ninety-one-a or one thousand ninety-seven of the family court act, as
applicable, at the same time. The court shall consider all relevant and
necessary information as required and make a determination about the
appropriateness of the child's placement based on standards required
pursuant to the applicable sections.

4. "Qualified residential treatment program" means a program that is a
non-foster family residential program in accordance with 42 United State
Code sections 672 and 675a and the state's approved title IV-E state
plan.

5. "Qualified individual" shall mean a trained professional or
licensed clinician acting within their scope of practice who shall have
current or previous relevant experience in the child welfare field.
Provided however, such individual shall not be an employee of the office
of children and family services, nor shall such person have a direct
role in case management or case planning decision making authority for
the child for whom such assessment is being conducted, in accordance
with 42 United States Code sections 672 and 675a and the state's
approved title IV-E state plan.