If a child is born to a patient in a department facility, the director shall determine, with suitable social service advice, whether the mother is able to care for the child. If, in his opinion, she is unable to do so, he shall make provision for such child in accordance with article three of the family court act. Pending a determination by the family court, the director may, in his discretion, make a temporary placement of the child.
N.Y. Mental Hyg. Law § 29.21