2023 New York Laws › EXC - Executive › Article 19-I - Waterfront Commission Act › Title 3 - Programs and Services for Youth › Sub Title A - Additional Services for Youth › 510-A - Conditional Release.

§ 510-a. Conditional   release.  1.  The  division  may  conditionally
release any youth placed with the  division  to  aftercare  whenever  it
deems  such conditional release to be in the best interest of the youth,
that suitable care and supervision can be provided and that there  is  a
reasonable  probability  that  the  youth  can be conditionally released
without endangering the public safety; provided, however, that no  youth
while  absent  from  a  facility  or  program without the consent of the
director of such facility or program shall be conditionally released  by
the division solely by reason of the absence. The division may establish
regulations in connection with such conditional release.
2.  It shall be a condition of such release that the youth so released
shall continue to be the responsibility of the division for  the  period
provided   in  the  order  of  placement,  notwithstanding  the  youth's
conditional release therefrom, and that the division,  pursuant  to  its
regulations,  may cause such youth to be returned to a division facility
or authorized agency at any time within the period of  placement,  where
there  is  a  violation  of  the  conditions  of  release or a change of
circumstances.
3. Youth conditionally released by the division may be provided for as
follows:
* (a) If, in  the  opinion  of  the  office  of  children  and  family
services,  there  is  no suitable parent, relative or guardian to whom a
youth can be conditionally released, and suitable care cannot  otherwise
be  secured,  the  division  may conditionally release such youth to the
care of an authorized  agency  established  pursuant  to  section  three
hundred  seventy-one  of  the  social services law or any other suitable
person;  provided  that  where  such  suitable  person  has   no   legal
relationship  with  the juvenile, the office shall advise such person of
the procedures for obtaining custody or guardianship of the juvenile.
* NB Effective until March 31, 2028
* (a) If, in the opinion of the division, there is no suitable parent,
relative or guardian to whom a youth can be conditionally released,  and
suitable   care   cannot   otherwise   be   secured,  the  division  may
conditionally release such youth to the care  of  an  authorized  agency
established  pursuant to section three hundred seventy-one of the social
services law or any other suitable person.
* NB Effective March 31, 2028
(b) The division may provide clothing, other necessities and  services
for  any  conditionally  released  youth,  as may be required, including
medical care  and  services  not  provided  to  such  youth  as  medical
assistance for needy persons pursuant to title eleven of article five of
the social services law.
(c)  If  the youth so released is subject to article sixty-five of the
education law or elects to participate in an educational program leading
to a high school diploma, the youth shall be enrolled  in  a  school  or
educational  program leading to a high school diploma following release,
or,  if  such  release  occurs  during  the  summer  recess,  upon   the
commencement  of  the  next school term. If the youth so released is not
subject to article sixty-five of the education law and does not elect to
participate in an educational program leading to a high school  diploma,
steps  shall  be  taken to the extent possible to facilitate the youth's
gainful employment or  enrollment  in  a  vocational  program  following
release.
4.  In  addition  to  the other requirements of this section, no youth
placed with the division pursuant to a restrictive placement  under  the
family  court  act shall be released except pursuant to section 353.5 of
the family court act.