Where a court order exists pursuant to Social Services Law, section 358-a or 384 or article 3, 7 or 10 of the Family Court Act which gives the local commissioner of social services care and custody or custody and guardianship of the child and foster care placement is ordered, the placement of the child must always be in a licensed, certified or approved foster home or other facility authorized by the department to provide foster care. If the child is placed outside of New York State, placement must be in a licensed, certified or approved foster home or other facility authorized by the requisite state agency in the other state to provide foster care.