2023 New York Laws › EXC - Executive › Article 19-I - Waterfront Commission Act › 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 twelve but who  have  not  reached  the  age  of
twenty-one,  unless  such  youth  is over the age of seven and less than
twelve years of age and  has  been  adjudicated  a  juvenile  delinquent
pursuant  to  subparagraph  (iii) of paragraph (a) of subdivision one of
section 301.2 of the family court act, 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  placement  in  an  authorized
agency  or  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.