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

§ 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.