(a) Social services districts shall retain responsibility for the care and custody of children in foster care when such children are placed in facilities operated or supervised by the Office of Mental Health or the Office for People With Developmental Disabilities under the following circumstances:

1. (1) the care and custody of the child was transferred to a social services official in a proceeding instituted pursuant to article 3, 7, 10, 10-B or 10-C of The Family Court Act;
2. (2) the child has been surrendered to a social services official for the purpose of adoption pursuant to the provisions of section 383-C or 384 of the Social Services Law; or
3. (3) the guardianship and custody of a child have been transferred to a social services official pursuant to section 384-b of the Social Services Law.

(b) A social services official shall, when the circumstances set forth in subdivision (a) of this section are not present, assess the capabilities of the parents or previous care taker of the child to accept the return of the care and custody of the child. The assessment shall be conducted in situations, including but not limited to, where:

1. (1) the child is in foster care as the result of a voluntary placement agreement entered into pursuant to the provisions of section 384-a of the Social Services Law and the child is named in a report of child abuse or maltreatment which has been indicated or is being investigated; or

2. (2) the child is expected to return to foster care after the child is discharged from a facility which is operated or supervised by the Office of Mental Health or the Office for People With Developmental Disabilities.

   The assessment shall be entered in the child's uniform case record. After performing the assessment, the social services district shall determine whether it is in the best interest of the child to return the child to the care and custody of his or her parents or previous caretaker. Based upon such determination, the social services district shall either retain the care and custody of the child or shall return the child to the care and custody of his or her parents or previous caretaker.

(c) Prior to returning the care and custody of a child who is in a facility operated or supervised by the Office of Mental Health or Office for People With Developmental Disabilities to the child's parents or previous caretaker, a social services official shall ensure that:

1. (1) the appropriate case planner meets face to face with the child's parents or previous caretaker within 30 days prior to the planned discharge of the child from the care and custody of the social services official to discuss the appropriateness of such discharge; and
2. (2) the parents or previous caretaker of the child have agreed in writing to accept the return of the child.