Legislation
SECTION 9.53
Children in the custody of social services officials or the division for youth
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
§ 9.53 Children in the custody of social services officials or the
division for youth.
(a) Admission of a child in the care and custody of a social services
official or authorized agency, the director of the division for youth or
a person or entity granted such custody pursuant to section seven
hundred fifty-six or one thousand fifty-five of the family court act to
a hospital or residential treatment facility for children and youth
shall not be considered to effect a change in custody of such child and
the responsibilities of such person or entity having custody of the
child shall continue as described in the social services law, the
executive law, the family court act and in any court order granting such
custody.
(b) Persons in the custody of a social services official, authorized
agency, the division for youth or another person or entity pursuant to
an outstanding and valid court order shall only be released to the
custody of that person or entity.
(c) Prior to the discharge or release of a child who at the time of
such release remains in the custody of a social services official,
authorized agency, the division for youth, or a person or entity granted
such custody pursuant to section seven hundred fifty-six or one thousand
fifty-five of the family court act, the facility in which the child is
receiving treatment shall plan the discharge of the child as required in
section 29.15 of this chapter. The facility shall prepare the plan in
collaboration with the person or entity having custody of the child and
it shall be the duty of such person or entity to cooperate with the
facility in that effort. Notwithstanding any inconsistent provision of
law, and subject to separate interagency agreements to be negotiated by
the commissioner of mental health and the commissioner of social
services and the commissioner of mental health and the director of the
division for youth, information derived from the clinical record as
required by this section may be revealed to the person or entity having
custody of the child, to the extent release of such information is
necessary to assure adequate discharge planning.
division for youth.
(a) Admission of a child in the care and custody of a social services
official or authorized agency, the director of the division for youth or
a person or entity granted such custody pursuant to section seven
hundred fifty-six or one thousand fifty-five of the family court act to
a hospital or residential treatment facility for children and youth
shall not be considered to effect a change in custody of such child and
the responsibilities of such person or entity having custody of the
child shall continue as described in the social services law, the
executive law, the family court act and in any court order granting such
custody.
(b) Persons in the custody of a social services official, authorized
agency, the division for youth or another person or entity pursuant to
an outstanding and valid court order shall only be released to the
custody of that person or entity.
(c) Prior to the discharge or release of a child who at the time of
such release remains in the custody of a social services official,
authorized agency, the division for youth, or a person or entity granted
such custody pursuant to section seven hundred fifty-six or one thousand
fifty-five of the family court act, the facility in which the child is
receiving treatment shall plan the discharge of the child as required in
section 29.15 of this chapter. The facility shall prepare the plan in
collaboration with the person or entity having custody of the child and
it shall be the duty of such person or entity to cooperate with the
facility in that effort. Notwithstanding any inconsistent provision of
law, and subject to separate interagency agreements to be negotiated by
the commissioner of mental health and the commissioner of social
services and the commissioner of mental health and the director of the
division for youth, information derived from the clinical record as
required by this section may be revealed to the person or entity having
custody of the child, to the extent release of such information is
necessary to assure adequate discharge planning.