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Several months ago we issued 93 LCM-94, in which the Department's position pertaining to transfer of legal custody of children to the commissioner of a social services district in Article 10 cases was outlined. Specifically, the memorandum described why we believe that it is legally inappropriate for the commissioner of a social services district to be given custody of an abused or neglected child and have that child remain in the physical custody of the parent(s). We have received questions as to whether the memorandum was also intended to address the circumstance of a child being placed in foster care and subsequently being discharged to the physical custody of the parent(s), while remaining in the legal custody of the commissioner. 93 LCM-94 was not intended to address this issue. However, we will use this opportunity to outline our general position on what is commonly referred to as "trial discharges" in this release.
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