NY Exec L § 507-A (2021)
2021 New York Laws EXC - Executive Article 19-G - Office of Children and Family Services Title 2 - Facilities 507-A - Placement and Commitment; Procedures.

§ 507-a. Placement  and commitment; procedures. 1. Youth may be placed in or committed to the custody of the division:  (a) for placement, as a juvenile delinquent  pursuant  to  the  family court act; or  (b) for commitment pursuant to the penal law.   2.  (a)  Consistent with other provisions of law, only those youth who have reached the age of seven but  who  have  not  reached  the  age  of twenty-one  may  be  placed in the custody of the office of children and family services. Except as provided  for  in  paragraph  (a-1)  of  this subdivision,  no  youth who has reached the age of twenty-one may remain in custody of the office of children and family services.  (a-1) (i) A youth who is committed  to  the  office  of  children  and family   services   as  a  juvenile  offender  or  a  juvenile  offender adjudicated as a youthful offender may remain  in  the  custody  of  the office  during  the  period  of  his  or  her sentence beyond the age of twenty-one in accordance with the  provisions  of  subdivision  five  of section  five  hundred  eight  of  this title but in no event may such a youth remain in the custody of the office beyond his or her twenty-third birthday; and (ii) a youth found to have committed a designated class  A felony act who is restrictively placed with the office under subdivision four  of  section 353.5 of the family court act for committing an act on or after the youth's sixteenth birthday may remain in the custody of the office of children and family services up to the age of twenty-three  in accordance with his or her placement order.  (a-2)  Whenever  it  shall appear to the satisfaction of the office of children and family services that any youth placed therewith is  not  of proper  age to be so placed or is not properly placed, or is mentally or physically incapable of being materially benefited by the program of the office, the office shall cause the return of such youth  to  the  county from which placement was made.  (b)  The  division  shall  deliver  such  youth  to the custody of the placing court, along with the records provided to the division  pursuant to  section five hundred seven-b of this article, there to be dealt with by the court in all respects as though no placement had been made.  (c) The cost and expense of the care and return of such youth incurred by the division shall be reimbursed to the state by the social  services district  from  which  such  youth  was placed in the manner provided by section five hundred twenty-nine of this article.   3. The  division  may  photograph  any  youth  in  its  custody.  Such photograph  may  be used only for the purpose of assisting in the return of conditionally released children and runaways pursuant to section five hundred ten-b of  this  article.  Such  photograph  shall  be  destroyed immediately upon the discharge of the youth from division custody.   4.  (a)  A  youth  placed  with  or  committed  to  the  division may, immediately  following  placement  or  commitment,  be  remanded  to  an appropriate detention facility.  (b)  The  office  of  children and family services shall admit a child placed with the office to a facility of the office within  fifteen  days of  the date of the order of placement with the office and shall admit a juvenile offender, youthful offender or adolescent offender committed to the office to a facility of the office within ten days of  the  date  of the  order  of  commitment  to the office, except as provided in section five hundred seven-b of this article.   5. Consistent with other provisions of law, in the discretion  of  the commissioner of the office of children and family services, youth placed within  the  office  under  the  family  court act who attain the age of eighteen while in custody of the office and  who  are  not  required  to remain  in  the placement with the office as a result of a dispositional  order of the family court may reside in a non-secure facility until  the age   of  twenty-one,  provided  that  such  youth  attend  a  full-time vocational or educational program and are likely to  benefit  from  such program.