2006 New York Code - Provisions For Routine Medical, Dental And Mental Health Services And Treatment.

 
    §  355.4.  Provisions  for  routine  medical, dental and mental health
  services and treatment.  1.  At  the  conclusion  of  the  dispositional
  hearing  pursuant  to this article, where the respondent is to be placed
  with the division for youth, the court shall inquire as to  whether  the
  parents or legal guardian of the youth, if present, will consent for the
  division  to  provide routine medical, dental and mental health services
  and treatment.
    2. Notwithstanding subdivision one of this section,  where  the  court
  places a youth with the division pursuant to this article and no medical
  consent  has  been  obtained  prior  to  an  order  of  disposition, the
  placement order shall be deemed to grant consent for  the  division  for
  youth  to provide for routine medical, dental and mental health services
  and treatment to such youth so placed.
    3. Subject  to  regulations  of  the  department  of  health,  routine
  medical,  dental and mental health services and treatment is defined for
  the purposes of this section to mean any routine diagnosis or treatment,
  including  without  limitation  the  administration  of  medications  or
  nutrition, the extraction of bodily fluids for analysis, and dental care
  performed with a local anesthetic. Routine mental health treatment shall
  not  include  psychiatric administration of medication unless it is part
  of an ongoing mental health plan or unless it is otherwise authorized by
  law.
    4. (a) At any time during placement or at an  extension  of  placement
  hearing,  a  parent  or  legal  guardian  may make a motion objecting to
  routine medical, dental or mental health services  and  treatment  being
  provided to such youth as authorized under the provisions of subdivision
  one of this section.
    (b)  Such  notice  of  motion  shall  be  served  on  the  youth,  the
  presentment agency and the division not less than seven  days  prior  to
  the  return date of the motion. The persons on whom the notice of motion
  is served shall answer the motion not less  than  two  days  before  the
  return  date. On examining the motion and answer and, in its discretion,
  after hearing argument, the court shall  enter  an  order,  granting  or
  denying the motion.
    5.  Nothing  in this section shall preclude a youth from consenting on
  his or her own behalf to any medical, dental or  mental  health  service
  and  treatment  where  otherwise  authorized  by  law  to  do so, or the
  division for youth from petitioning the court pursuant  to  section  two
  hundred thirty-three of this act, as appropriate.