(a) As used in this section the term long stayer shall mean any child who is placed in a qualified residential treatment program as defined in section 441.2 of this Title for:

1. (1) more than 12 consecutive months when the child is age 13 or over; or
2. (2) more than 18 nonconsecutive months when the child is age 13 or over; or

3. (3) more than 6 consecutive or nonconsecutive months when the child has not yet attained 13 years of age.

   (b)

4. (1) When a child meets the definition of long stayer as defined in subdivision (a) of this section, the local Department of Social Services with care and custody or care custody and guardianship of the child must submit information justifying such continued placement to the office for a long stayer review, as described in subdivision (c) of this section.

5. (2) Prior to submitting the justification, a review of the appropriateness of the continued placement must be made by either a qualified individual or to a team of staff including licensed clinicians that have been regularly serving the child. Such review shall consider the same factors as required by section 409-h of the Social Services Law and section 439.2 of this Part to determine the appropriateness of the child’s continued placement in the qualified residential treatment program. Provided, however, that:

   1. (i) for children age 13 or older approaching 12 consecutive months in a qualified residential treatment program, such information shall be submitted by day 310 of the child’s placement;
   2. (ii) for children age 13 or older approaching 18 nonconsecutive months in a qualified residential treatment program, such information shall be submitted by day 485 of the child’s placement; and
   3. (iii) for children under age 13, such information shall be submitted by day 125 of the child’s placement in a qualified residential treatment program.

6. (3) The local Department of Social Services with care and custody or care, custody and guardianship of the child shall be responsible for submitting to a qualified individual, or team of staff including licensed clinicians that have been regularly serving the child in the qualified residential treatment programs, and the Office of Children and Family Services all the necessary documentation for the long stay review team to conduct their review.

   1. (i) For children age 13 or older approaching 12 consecutive months in a qualified residential treatment program, such determination shall be submitted by day 320 of the child’s placement.
   2. (ii) For children age 13 or older 18 nonconsecutive months in a qualified residential treatment center, such determination shall be submitted by day 495 of the child’s placement.
   3. (iii) For children under age 13, such determination shall be submitted by day 135 of the child’s placement in a qualified residential treatment program.

(c) Prior to submission of the necessary information to the Office of Children and Family Services, a qualified individual or team of staff including licensed clinicians that have been regularly serving the child in the qualified residential treatment programs, shall:

1. (1) review all relevant information;
2. (2) conduct an evaluation in accordance with the standards outlined in section 409-a of the Social Services Law and section 439.2 of this Part;
3. (3) make a recommendation as to the necessity of the child’s continued placement in a qualified residential treatment program;
4. (4) provide a written copy of such evaluation to the Office of Children and Family Services and the applicable local Department of Social Services; and
5. (5) enter such determination into the system of record.

(e) The Office of Children and Family Services will conduct a long stayer review, utilizing a long stayer review team, to determine if a continued placement in a qualified residential treatment program level of care is appropriate and required.

1. (1) Upon receipt of the required information from the local Department of Social Services, the long stayer review team shall:

   1. (i) Review the documentation for completeness. If the documentation is incomplete or if no such determination is submitted by the date due, the long stayer review team shall promptly notify the local Department of Social Services that, if the missing information is not submitted within two days, the Office of Children and Family Services may deny the request for continued placement in a qualified residential treatment program.

   2. (ii) If the long stayer review team determines that continued placement in the qualified residential treatment program is not supported, notify the local Department of Social Services and the qualified residential treatment program of its decision and recommend that an appropriate placement be found for the child.

      1. (a) For children age 13 or older approaching 12 consecutive months in a qualified residential treatment program, such notification shall be made by day 335 of the child’s placement.
      2. (b) For children age 13 or older approaching 18 nonconsecutive months in a qualified residential treatment program, such notification shall be made by day 515 of the child’s placement.
      3. (c) For children under age 13, such notification shall be made by day 155 of the child’s placement in a qualified residential treatment program.

   3. (iii) If the long stayer review team determines that continued placement in the qualified residential treatment program is supported, it shall submit its recommendation to the commissioner of the Office of Children and Family Services, or such commissioner’s designee, for review and consideration, and for such commissioner or such commissioner’s designee to make a determination regarding the appropriateness of the child’s continued placement in a qualified residential treatment program.

      1. (a) For children age 13 or older approaching 12 consecutive months in a qualified residential treatment program, such recommendation shall be submitted by day 340 of the child’s placement.
      2. (b) For children age 13 or older approaching 18 nonconsecutive months in a qualified residential treatment program, such recommendation shall be submitted by day 520 of the child’s placement.
      3. (c) For children under age 13, such recommendation shall be submitted by day 160 of the child’s placement in a qualified residential treatment program.

(f) Formal notification of the commissioner’s determination will be forwarded to the local Department of Social Services and the qualified residential treatment program and documented in the system of record.

1. (1) For children age 13 or older approaching 12 consecutive months in a qualified residential treatment program, such determination shall be forwarded by day 365 of the child’s placement.
2. (2) For children age 13 or older approaching 18 nonconsecutive months in a qualified residential treatment program, such determination shall be forwarded by day 540 of the child’s placement.
3. (3) For children under age 13, such information shall be submitted by day 180 of the child’s placement in a qualified residential treatment program.