Section 9.53. Children in the custody of social services officials or the division for youth  


Latest version.
  • (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.