Section 400. Removal of children  


Latest version.
  • 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.