3-35 Transfer to Department of Mental Hygiene: additional provisions, Juvenile Delinquency Forms (Family Court Act Article 3), Subchapter A. Forms Authorized by Section 205.7, Chapter IV. Forms of the Family Court of the State of New York and Adoption Forms of the Family Court of the State of New York (cf. s205.7), Subtitle D. Forms, TITLE 22. Judiciary, New York Codes Rules Regulations

New York Codes Rules Regulations (Last Updated: March 27,2024)

Chapter IV. Forms of the Family Court of the State of New York and Adoption Forms of the Family Court of the State of New York (cf. s205.7)

Subchapter A. Forms Authorized by Section 205.7

Juvenile Delinquency Forms (Family Court Act Article 3)

3-35 Transfer to Department of Mental Hygiene: additional provisions

F.C.A. § 353.4

Form 3-35

[ADDENDUM to Form 3-29, 3-30, 3-31, 3-32, 3-33 or 3-34]

(Juvenile Delinquency—

Transfer to Dept. of Mental Hygiene)

10/2004

ADDITIONAL PROVISIONS FOR USE WHERE SECTION 353.4 FAMILY COURT ACT APPLIES (Transfer to Department of Mental Hygiene)

And notice having been duly given to the New York State Commissioner of Mental Hygiene and the Mental Hygiene Legal Service, and the evidence at the dispositional hearing having included the testimony of [specify]: pursuant to section 353.4 of the Family Court Act, the Court finds upon a preponderance of the competent evidence that the above-named Respondent has a mental illness, as defined in section 1.03 of the Mental Hygiene Law, which is likely to result in serious harm to □himself/herself □ others, and the appropriate local Commissioner of Social Services having □ consented □ not consented; it is hereby

ORDERED that the Respondent is placed for a period of __, □ less the period spent in detention pending disposition in the custody of the □ New York State Office of Children and Family Services □ Commissioner of Social Services of __; and it is further

ORDERED that the □ New York State Office of Children and Family Services □ Commissioner of Social Services shall temporarily transfer the Respondent to the custody of the Commissioner of Mental Hygiene who shall arrange the admission of the Respondent to the appropriate facility of the Department of Mental Hygiene; and it is further

ORDERED that the Department of Mental Hygiene may retain the Respondent for care and treatment for a period of up to one year and whenever appropriate shall transfer the Respondent back to the Office of Children and Family Services pursuant to the provisions of subdivision six of section 509 of the Executive Law; and it is further

ORDERED that within thirty days of transfer back to the Office of Children and Family Services, application shall be made by the Office of Children and Family Services to this Court for a further dispositional hearing for a disposition which shall take into account the period of placement hereunder.

ORDERED that the Department of Mental Hygiene shall retain the Respondent for care and treatment for a period of __ months; and it is further

ORDERED that if the clinical director of the facility caring for and treating the Respondent determines that the Respondent is no longer mentally ill, the Department shall make application to the Family Court for an order transferring the child back to the Office of Children and Family Services.