2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 2 - Powers and Duties of Public Welfare Officials › 404 - Juvenile Justice Services Close to Home Initiative.

* §  404.  Juvenile  justice  services  close to home initiative. 1. A
social services district in a city with a population in  excess  of  one
million  may  implement  a  close to home initiative to provide juvenile
justice services to all adjudicated juvenile delinquents determined by a
family court in such district as  needing  placement  other  than  in  a
secure  facility and to enter into contracts with any authorized agency,
as defined by section three hundred  seventy-one  of  this  chapter,  to
operate  and  maintain  non-secure and limited secure facilities. Such a
social services district shall have sufficient  capacity  to  serve  all
adjudicated  juvenile  delinquents needing residential placements within
the district within twenty-four months of approval of a  plan  for  each
setting level except for those juvenile delinquents who need specialized
services that are not available within the district.
2.  A  social  services  district shall obtain prior approval from the
office of children and family services of its plan for establishing  and
implementing   such   an   initiative   in  accordance  with  guidelines
established and in the format, and including the  information  required,
by  such  office.  Such district shall submit separate plans for how the
district will implement initiatives for juvenile delinquents  placed  in
non-secure  settings and in limited secure settings. Any such plan shall
specify, in detail, as applicable:
(a) how the district will provide a continuum  of  evidence  informed,
high-quality  community-based  and  residential  programming  that  will
protect community safety and  provide  appropriate  services  to  youth,
including  the operation of non-secure and limited secure facilities, in
sufficient capacity and in a  manner  designed  to  meet  the  needs  of
juvenile  delinquents  cared  for under the initiative. Such programming
shall be based on an analysis of recent placement trends of  youth  from
within such district, including the number of youth who have been placed
in  the  custody  of  the  office  of  children  and family services for
placement in other than a secure facility;
(b) the anticipated start-up and on-going services and  administrative
costs of the initiative;
(c)  the readiness of the district to establish the initiative and the
availability of all needed resources, including the location of services
and availability of  the  providers  that  will  provide  all  necessary
services   under   the   initiative   including,  but  not  limited  to,
residential, non-residential,  educational,  medical,  substance  abuse,
mental health and after care services and community supervision;
(d)  the  proposed effective date of the plan and documentation of the
district's  readiness  to  begin  accepting  and  appropriately  serving
juvenile delinquents under the plan;
(e)  how  the district will provide necessary and appropriate staffing
to implement the initiative;
(f) how the district will monitor the quality of services provided  to
youth, including how the district will provide case management services;
(g) how, throughout the initiative, the district will seek and receive
on-going  community and stakeholder input relating to the implementation
and effectiveness of the initiative;
(h) how the district will ensure that all staff working directly  with
youth   served   under   the  initiative  have  received  necessary  and
appropriate training;
(i) how the district will monitor the  use  of  restraints  on  youth,
including, but not limited to, the use of mechanical restraints;
(j)  how the district will develop and implement programs and policies
to ensure program safety and that  youth  receive  appropriate  services
based  on  their  needs,  including,  but  not  limited to, educational,

behavioral, mental health and substance  abuse  services  in  accordance
with individualized treatment plans developed for each youth;
(k)  how  the  district  will  develop  and  implement gender specific
programming and policies to meet the specialized needs of lesbian,  gay,
bisexual and transgender youth;
(l)  how  the  district will develop and implement programming that is
culturally competent to meet the diverse needs of the youth;
(m) how the district will develop and implement  local  programs  that
will  seek to reduce the disproportionate placement of minority youth in
residential programs in the juvenile justice system;
(n) how the district will develop and implement a plan to  reduce  the
number of youth absent without leave from placement;
(o)  how  the  district  will  develop and implement policies to serve
youth in the least restrictive setting  consistent  with  the  needs  of
youth and public safety, and to avoid modifications of placements to the
office of children and family services;
(p)  how the district will engage in permanency and discharge planning
for juvenile delinquents  placed  in  its  custody  including,  but  not
limited to, securing adequate housing and health insurance and education
and employment, as appropriate;
(q)  how the district will develop and implement a comprehensive after
care program to  provide  services  and  supports  for  youth  who  have
re-entered the community following a juvenile justice placement with the
district;
(r)  how  the  district will develop and implement policies focused on
reducing recidivism of youth who leave the program;
(s) how the local probation department will implement a  comprehensive
predisposition investigation process that includes, at least, the use of
appropriate      assessments     to     determine     the     cognitive,
educational/vocational, and substance abuse needs of the youth  and  the
use of a validated risk assessment instrument, approved by the office of
children  and  family  services;  and how the district will implement an
intake process for youth placed in residential care  that  includes  the
use  of appropriate assessments to determine the medical, dental, mental
and behavioral health needs of the youth; and
(t) how the district will provide  for  the  restrictive  setting  and
programs necessary to serve youth who need placement in a limited secure
setting  consistent  with the necessity for the protection of the health
and  safety  of  the  juvenile  delinquents  in  the  facility  and  the
surrounding community.
3.  (a)  Prior  to  submitting any plan pursuant to subdivision two of
this section to implement a juvenile  justice  services  close  to  home
initiative  for  juvenile delinquents placed in non-secure settings, the
social services district shall conduct at least one  public  hearing  on
the  proposed  plan.  Any  such public hearings shall only be held after
thirty  days  notice  has  been  provided  in  a  newspaper  of  general
circulation  within  the  jurisdiction  for  which  the  social services
district is located. The notice shall specify the times  of  the  public
hearing  and provide information on how written comments on the plan may
be submitted to the district  for  consideration.  Additionally,  for  a
period  of  at  least thirty days prior to a hearing, the district shall
post on its website a notice of the hearing,  a  copy  of  the  proposed
plan,  and  information  on  how  written  comments  on  the plan may be
submitted to the district for consideration.
(b) Prior to submitting a plan pursuant to  subdivision  two  of  this
section   to  implement  a  juvenile  justice  services  close  to  home
initiative for juvenile delinquents placed in limited  secure  settings,
the social services district shall:
(i)  hold  at  least one forum in each of the five boroughs within the
district for  community  members  and  relevant  stakeholders  including
potential  provider agencies to discuss, in general, the manner in which
the district intends to provide the residential and  aftercare  services
to  youth  who  need placement in limited secure settings in a manner to
protect community safety and provide appropriate services to such youth,
and to respond to concerns and receive suggested alternatives;
(ii) conduct at least one public hearing in each of the five  boroughs
within  the  district  on  the proposed plan. Such public hearings shall
only be held after thirty days notice has been provided in  a  newspaper
of  general  circulation  in  the  respective  borough. The notice shall
specify the time of the hearing in the respective  borough  and  provide
information  on how written comments on the plan may be submitted to the
district for consideration. Additionally,  for  a  period  of  at  least
thirty  days  prior to each such hearing, the district shall post on its
website a notice of the hearing,  a  copy  of  the  proposed  plan,  and
information  on how written comments on the plan may be submitted to the
district for consideration.
4. The social services district shall submit, with any such  plan,  an
assessment  of any written comments received, and any comments presented
at the public hearing. At a minimum, such assessment shall contain:
(a) a summary and  analysis  of  the  issues  raised  and  significant
alternatives suggested;
(b)  a  statement of the reasons why any significant alternatives were
not incorporated into the plan; and
(c) a description of any changes made to the plan as a result of  such
comments.
At  the  time  of,  or prior to, the submission of each such plan to the
office, the social services district shall post on its website the  plan
and  the  assessment of comments. At the time it submits its plan to the
office, the social services district shall provide a copy  of  the  plan
and  assessment of comments to the temporary president of the senate and
the speaker of the assembly.
5. The office of children and family services,  in  consultation  with
the  office  of mental health and the office of alcoholism and substance
abuse services, shall be authorized to request amendments  to  any  plan
prior  to  approval.  For any plan that only covers juvenile delinquents
placed in non-secure settings, the office shall, within thirty  days  of
receiving  the  plan,  either  approve or disapprove the plan or request
amendments to the plan. If any amendments are requested to the plan, the
office shall approve or disapprove the plan within fifteen days  of  its
resubmission  with  the  requested  amendments. For any plan that covers
juvenile delinquents placed  in  limited  secure  settings,  the  office
shall,  within  sixty  days  of  receiving  the  plan, either approve or
disapprove the plan or request amendments to the plan. If any amendments
are requested to the plan, the office shall approve  or  disapprove  the
plan  within  fifteen  days  of  its  resubmission  with  the  requested
amendments. In no event shall the office approve such a plan for limited
secure settings prior to April first, two thousand thirteen.
6. (a) Notwithstanding any other provision of law to the contrary,  if
the  office  of  children and family services approves a social services
district's plan to implement a juvenile justice services close  to  home
initiative  for juvenile delinquents placed in non-secure settings, such
office  shall  work  with  such  district  to  identify  those  juvenile
delinquents  in  the  office's custody residing in non-secure placements
and those conditionally released from a facility who were  placed  by  a
family  court  within the jurisdiction of said social services district.
The office shall evaluate the placement length and  the  needs  of  such

juvenile delinquents and, where appropriate, file a petition pursuant to
section  355.1 of the family court act to transfer custody of such youth
to said social services district on the effective date of the  plan,  or
as  soon  as  appropriate  thereafter, but in no event later than ninety
days after  such  effective  date;  provided,  however,  if  the  office
determines,  on  a case-by-case basis, for reasons documented in writing
submitted to the social services district, that a transfer within ninety
days of the effective date of the  plan  would  be  detrimental  to  the
education  or  the  emotional,  mental or physical health of a youth, or
would seriously  interfere  with  the  youth's  interstate  transfer  or
imminent  discharge, the office shall provide an estimated time by which
the office expects to be able to petition for the transfer of such youth
or to release such youth from its care, and shall  notify  the  district
and  the  attorney for the respondent of any delay of that expected date
and the reasons for such a delay.
(b) Notwithstanding any other provision of law to the contrary, if the
office approves  a  social  services  district's  plan  to  implement  a
juvenile   justice  services  close  to  home  initiative  for  juvenile
delinquents placed in limited-secure settings, such  office  shall  work
with  such  district  to  identify  juvenile delinquents in the office's
custody residing in limited secure  placements  who  were  placed  by  a
family court in the social services district. The office of children and
family  services  shall  evaluate the placement length and needs of such
juvenile delinquents and, where appropriate, file a petition pursuant to
section 355.1 of the family court act to transfer custody of such  youth
to said social services district on the effective date of the plan or as
soon  as  appropriate thereafter, but in no event later than ninety days
after such effective date; provided, however, if the office  determines,
on  a case-by-case basis, for reasons documented in writing submitted to
the social services district, that a transfer within ninety days of  the
effective  date of the plan would be detrimental to the education or the
emotional, mental or physical health of  a  youth,  or  would  seriously
interfere  with  the  youth's interstate transfer or imminent discharge,
the office shall provide an estimated time by which the  office  expects
to be able to petition for the transfer of such youth or to release such
youth  from its care, and shall notify the district and the attorney for
the respondent of any delay of that expected date and  the  reasons  for
such a delay.
7.  (a) Notwithstanding the provisions of paragraph (c) of subdivision
fifteen of section five hundred one of the executive law, or  any  other
law  to  the  contrary,  if  the  office of children and family services
approves a social  services  district's  plan  for  a  juvenile  justice
services  close  to  home  initiative to implement services for juvenile
delinquents placed in non-secure or limited secure settings, such office
shall be authorized, for up to a year after the effective  date  of  the
first of any such approved plan for a district to implement services for
each  setting  level,  but  in  no event later than September first, two
thousand  fourteen:  (1)  to  close  any  of  its  facilities   in   the
corresponding  setting  levels  covered by the approved plan and to make
significant associated service reductions and public  employee  staffing
reductions and transfer operations for those setting levels to a private
or  not-for-profit  entity,  as  determined  by  the commissioner of the
office of children and family services solely to reflect the decrease in
the number of juvenile delinquents placed with  such  office  from  such
social  services  district;  (2)  to reduce costs to the state and other
social services districts resulting  from  such  decrease;  and  (3)  to
adjust services to provide regionally-based care to juvenile delinquents
from  other  parts  of  the  state  needing  services in those levels of

residential services. At least sixty  days  prior  to  taking  any  such
action,  the  commissioner  of  the  office shall provide notice of such
action to the speaker of the assembly and the temporary president of the
senate  and  shall post such notice upon its public website. Such notice
may be provided at any time on or after the date the office  approves  a
plan  authorizing  a  social services district to implement programs for
juvenile delinquents  placed  in  the  applicable  setting  level.  Such
commissioner  shall  be  authorized  to  conduct any and all preparatory
actions which may be required to effectuate such closures or significant
service or staffing reductions and transfer of  operations  during  such
sixty  day period. In assessing which of such facilities to close, or at
which to implement any significant service reductions,  public  employee
staffing  reductions  and/or  transfer  of  operations  to  a private or
not-for-profit entity, the commissioner  shall  consider  the  following
factors:   (1)  ability  to  provide  a  safe,  humane  and  therapeutic
environment for placed youth;  (2)  ability  to  meet  the  educational,
mental  health, substance abuse and behavioral health treatment needs of
placed youth; (3) community networks and partnerships that  promote  the
social, mental, economic and behavioral development of placed youth; (4)
future  capacity  requirements  for  the  effective  operation  of youth
facilities; (5) the physical characteristics, conditions  and  costs  of
operation  of  the  facility;  and  (6)  the location of the facility in
regards to costs and ease of transportation of placed  youth  and  their
families.
(b)  Any  transfers of capacity or any resulting transfer of functions
shall be authorized to be made by the  commissioner  of  the  office  of
children  and  family  services  and any transfer of personnel upon such
transfer of capacity or transfer of functions shall be  accomplished  in
accordance  with  the provisions of section seventy of the civil service
law.
8. (a) Notwithstanding any other provision of  law  to  the  contrary,
eligible  expenditures  during  the  applicable  time  periods made by a
social services district for an approved juvenile justice services close
to home initiative shall,  if  approved  by  the  department  of  family
assistance,  be subject to reimbursement with state funds only up to the
extent of an annual  appropriation  made  specifically  therefor,  after
first  deducting  therefrom any federal funds properly received or to be
received on account thereof; provided, however,  that  when  such  funds
have  been  exhausted,  a  social  services  district  may receive state
reimbursement from other available state appropriations for  that  state
fiscal  year for eligible expenditures for services that otherwise would
be reimbursable under such funding streams. Any claims  submitted  by  a
social services district for reimbursement for a particular state fiscal
year  for  which  the  social  services  district does not receive state
reimbursement from the annual appropriation for the  approved  close  to
home initiative may not be claimed against that district's appropriation
for the initiative for the next or any subsequent state fiscal year.
(b)  The  department  of  family  assistance  is  authorized,  in  its
discretion,  to  make  advances  to  a  social  services   district   in
anticipation of the state reimbursement provided for in this section.
(c)   A   social   services   district   shall   conduct   eligibility
determinations for federal and  state  funding  and  submit  claims  for
reimbursement  in  such  form  and manner and at such times and for such
periods as the department of family assistance shall determine.
(d) Notwithstanding any inconsistent provision of law or regulation of
the department of family assistance, state reimbursement  shall  not  be
made  for  any  expenditure  made  for  the  duplication of any grant or
allowance for any period.
(e) Claims submitted by a social services district  for  reimbursement
shall  be  paid after deducting any expenditures defrayed by fees, third
party reimbursement, and any non-tax levy funds  including  any  donated
funds.
(f) The office of children and family services shall not reimburse any
claims for expenditures for residential services that are submitted more
than   twenty-two  months  after  the  calendar  quarter  in  which  the
expenditures were made.
(g) Notwithstanding any other provision of law, the state shall not be
responsible for reimbursing a social services district  and  a  district
shall  not  seek  state  reimbursement  for  any  portion  of  any state
disallowance or sanction taken against the social services district,  or
any  federal disallowance attributable to final federal agency decisions
or to settlements made, when such disallowance or sanction results  from
the  failure  of  the social services district to comply with federal or
state requirements, including, but not limited to, failure  to  document
eligibility  for  the  federal or state funds in the case record. To the
extent that the social services district  has  sufficient  claims  other
than those that are subject to disallowance or sanction to draw down the
full  annual  appropriation,  such  disallowance  or  sanction shall not
result in a reduction in payment of state funds to the  district  unless
the  district  requests  that  the  department  use  a  portion  of  the
appropriation toward meeting the district's responsibility to repay  the
federal  government  for  the  disallowance  or sanction and any related
interest payments.
(h) Rates for residential services. (i) The office shall establish the
rates, in accordance with section three hundred ninety-eight-a  of  this
chapter,  for  any  non-secure  facilities established under an approved
juvenile justice  services  close  to  home  initiative.  For  any  such
non-secure  facility  that will be used primarily by the social services
district with an approved close to home initiative, final authority  for
establishment  of  such  rates  and any adjustments thereto shall reside
with the office, but such rates and any  adjustments  thereto  shall  be
established  only  upon  the  request of, and in consultation with, such
social services district.
(ii) A social services district  with  an  approved  juvenile  justice
services  close  to  home  initiative for juvenile delinquents placed in
limited secure settings  shall  have  the  authority  to  establish  and
adjust,  on  an  annual  or regular basis, maintenance rates for limited
secure facilities providing residential services under such  initiative.
Such  rates  shall  not  be  subject  to the provisions of section three
hundred ninety-eight-a of this chapter but shall be subject  to  maximum
cost limits established by the office of children and family services.
9.  Upon  approval of a social services district's plan, the office of
children and family services shall notify the supervising  family  court
judge  responsible  for  the  family courts serving such district of the
effective date and placement settings covered by the plan.
(a) Beginning on the effective date of a district's approved plan that
only covers juvenile delinquents placed in non-secure settings, a family
court judge serving in a county where such social services  district  is
located  shall  only  be  authorized  to  place  an adjudicated juvenile
delinquent in the custody of the commissioner of the office of  children
and family services for placement in a secure or limited secure facility
pursuant to section 353.3 or 353.5 of the family court act.
(b)  Beginning  on the effective date of a district's approved plan to
implement programs for juvenile delinquents  placed  in  limited  secure
settings,  a  family  court  judge serving in a county where such social
services district is located  shall  only  be  authorized  to  place  an

adjudicated  juvenile  delinquent  in the custody of the commissioner of
the office of children and family services for  placement  in  a  secure
facility pursuant to section 353.3 or 353.5 of the family court act.
10. If the social services district receives the necessary approval to
implement  a  close to home initiative, the district shall implement the
initiative in accordance with all applicable federal and state laws  and
regulations.  If  the  social  services  district receives the necessary
approval of a plan for juvenile delinquents  placed  in  limited  secure
settings,   the   office  shall  promulgate  regulations  governing  the
operation of such limited secure facilities. If such regulations are not
adopted prior to the date  that  an  authorized  agency  applies  for  a
license to operate such a facility, the facility shall be subject to the
existing  regulations of the office that would apply to the operation of
a foster care facility of the same size;  provided,  however,  that  the
office  shall  be  authorized  to  grant  an exception to the authorized
agency, until such limited secure regulations are adopted, to  any  such
existing  regulation that the office determines would impede the ability
of the authorized agency to provide the restrictive setting and programs
necessary to serve youth who need placement in a limited secure  setting
in  accordance  with the approved plan. Any limited secure facility that
is granted such a waiver shall comply with  any  alternate  requirements
the  office  may  consider necessary for the protection of the health or
safety of the juvenile delinquents in the facility  or  the  surrounding
community.  The  office  shall  take  all  reasonable steps available to
finalize the adoption of regulations governing  the  operation  of  such
limited  secure  facilities no later than six months after it issues the
first license for a program to provide services to juvenile  delinquents
placed in limited secure settings but in no event shall such regulations
be adopted on an emergency basis.
(a)  The  initiative  shall  be  subject to the office of children and
family services' ongoing oversight and  monitoring  including,  but  not
limited  to:  case record reviews; staff, family, and client interviews;
on-site inspections; review  of  data  regarding  provider  performance,
youth  and  staff safety, and quality of care, which must be provided to
the office in order to carry out its responsibilities, in the  form  and
manner  and  at  such  times  as  required  by the office; and continued
licensing and monitoring of the authorized agencies  providing  services
under the plan pursuant to this chapter.
(b)   The   social  services  district  shall  provide  each  juvenile
delinquent with an appropriate level of services designed to meet his or
her individual needs and to enhance public safety and shall provide  the
office  of  children  and  family  services with specific information as
required by the office, in the format and at such times as  required  by
such  office,  on  the  youth  participating  in  the initiative and the
programs serving such youth. Such information shall be provided  to  the
office  of children and family services on a monthly basis for the first
twelve months immediately following the implementation of  the  programs
for  each  level  of  care  and  shall  be  provided to such office on a
quarterly basis thereafter.
11. The social services district shall submit an annual report to  the
office  of  children and family services, the temporary president of the
senate and the speaker of the assembly, in the format required  by  such
office,  detailing  overall  initiative  performance.  Such report shall
include, but not be limited to:
(a) number of  juvenile  delinquents  placed  with  the  local  social
services district;
(b)  number  of  juvenile  delinquents placed in a non-secure facility
with the social services district;
(c) number of juvenile delinquents placed in a limited secure facility
with the social services district, as applicable;
(d) demographic information about juvenile delinquents in care;
(e)  number  of  specialized  beds  in  each  category  of specialized
program;
(f) number and nature of incident reports;
(g) number of juvenile delinquents absent without leave per facility;
(h) average length of stay;
(i) number of conditionally released juvenile delinquents;
(j) number of discharged juvenile  delinquents  who  are  subsequently
placed with the district;
(k) number and nature of corrective action plans and resolutions;
(l)  number  of  juvenile  delinquents transferred between facilities,
including  the  number  of  juvenile  delinquents  transferred   between
non-secure and limited-secure facilities, as applicable; and
(m) number of petitions filed to transfer juvenile delinquents between
the custody of the office and the social services district.
12.  If the office of children and family services determines that the
social services district  is  failing  to  adequately  provide  for  the
juvenile  delinquents  placed  under  an  approved plan, such office may
require the social services district to submit a corrective action plan,
for such office's  approval,  demonstrating  how  it  will  rectify  the
inadequacies  in  the  time  specified  by the office, but no later than
thirty days from such request. If the office determines that the  social
services  district  is  failing  to  make  sufficient  progress  towards
implementing the corrective action plan in the time and manner  approved
by  the  office but no later than sixty days from the date of submission
of the corrective action plan, the office  shall  provide  the  district
written notice of such determination and the basis therefor, and mandate
that the district take all necessary actions to implement the plan. If a
district has failed, within a reasonable time thereafter as specified by
the  office  based on the nature of the failure, which shall in no event
exceed sixty days, to make progress implementing any regulation, or  any
other  portion  of such plan that is intended to prevent imminent danger
to the health, safety or welfare of the youth  being  served  under  the
plan,  the office may withhold or set aside a portion of the funding due
under subdivision eight of this section until the district  demonstrates
that  sufficient  progress  is  being  made; or terminate the district's
authority to operate all or a portion of the juvenile  justice  services
close  to  home  initiative,  take all necessary steps to assume custody
for, and provide services to, the applicable juvenile delinquents  being
served  under  the  initiative,  and  discontinue  funds provided to the
district for such services. The office shall not withhold, set aside  or
discontinue state aid to a district until written notice is given to the
commissioner  of the district, and in the event funding is withheld, set
aside or discontinued, the district may  appeal  to  the  office,  which
shall  hold  a fair hearing thereon in accordance with the provisions of
section twenty-two of  this  chapter  relating  to  fair  hearings.  The
district may institute a proceeding for a review of the determination of
the  office following the fair hearing pursuant to article seventy-eight
of the civil practice law and rules. Any funds withheld,  set  aside  or
discontinued  pursuant to this provision shall be applied to address the
problem which was the basis for such sanction. If the office  terminates
a  district's  authority  to  operate  any portion of a juvenile justice
services close to home initiative in accordance with  this  subdivision,
the  office  shall notify the supervising family court judge responsible
for the family courts serving such district of such termination and  the
effective date of such termination.
13. Once a plan becomes operative pursuant to this section, the social
services  district  shall  carry out the following functions, powers and
duties with respect to placements of juvenile delinquents in  accordance
with  the  provisions  of such plan and all applicable federal and state
laws and regulations:
(a)  to  enter  into contracts with authorized agencies, as defined in
section three hundred  seventy-one  of  this  chapter,  to  operate  and
maintain  facilities  authorized  under  such  plan;  such contracts may
include such program requirements as deemed necessary by the district;
(b) to determine  the  particular  facility  or  program  in  which  a
juvenile  delinquent  placed with the district shall be cared for, based
upon any applicable court order, pursuant to subdivision two of  section
353.3  of  the  family  court  act,  and  an evaluation of such juvenile
delinquent;
(c) to transfer a juvenile delinquent from one facility to  any  other
facility,  when  the  interests of such juvenile delinquent require such
action, upon prior notice  to  the  respondent,  the  attorney  for  the
respondent  and  the  respondent's  parent  or legal guardian, unless an
immediate change of placement is necessary, in which  case  such  notice
shall  be  transmitted  on  the next business day; provided that, if the
district has  an  approved  plan  to  implement  services  for  juvenile
delinquents  placed  in  limited  secure settings, a juvenile delinquent
transferred to a non-secure facility from a limited secure facility  may
be  returned  to  a  limited secure facility upon a determination by the
district that, for any reason, care  and  treatment  at  the  non-secure
facility is no longer suitable;
(d)  to  cause  a  juvenile  delinquent  under the jurisdiction of the
district who has run away from a facility run  by  the  district  or  an
authorized  agency;  or  is  conditionally  released  and has violated a
condition of release therefrom, or if there is a change in circumstances
and the district determines that it would be consistent with  the  needs
and  best  interests of said juvenile delinquent and the need to protect
the community; to be apprehended and returned to the district, detention
facility, authorized agency, or program pursuant to regulations  of  the
office of children and family services; provided further that:
(i)  a social services official shall give immediate written notice to
both the office and the family court when any juvenile delinquent placed
with the social services district is absent from such placement  without
consent;
(ii)  an  authorized agency shall give immediate written notice to the
office, the district and the family court when any  juvenile  delinquent
placed by the district for care in such authorized agency is absent from
such placement without consent;
(iii)  a  magistrate  may  cause  a  runaway or conditionally released
juvenile delinquent  to  be  held  in  custody  until  returned  to  the
district;
(e)  to  issue a warrant for the apprehension and return of a juvenile
delinquent under the jurisdiction of the district who has run away  from
a  facility  run  by  the  district  or  an  authorized  agency;  or  is
conditionally  released  and  has  violated  a  condition   of   release
therefrom,  or  if  there  is a change in circumstances and the district
determines that it would be consistent with the needs and best  interest
of  said  juvenile  delinquent  and  the  need to protect the community;
pursuant to regulations of the office of children and  family  services;
provided that:
(i)  a  social  services  official, pursuant to the regulations of the
office of children and family services, shall issue a  warrant  directed
generally  to  any  peace  officer,  acting  pursuant  to such officer's

special duties, or police officer in the state for the apprehension  and
return  of  any  runaway  or  conditionally released juvenile delinquent
under the jurisdiction  of  the  district  and  such  warrant  shall  be
executed by any peace officer, acting pursuant to such officer's special
duties,  or  police  officer  to  whom  it  may be delivered; the social
services district also shall provide relevant law  enforcement  agencies
within  forty-eight  hours  with  any  photographs  of  any  runaway  or
conditionally released juvenile delinquent for whom a warrant is issued,
together with  any  pertinent  information  relative  to  such  juvenile
delinquent;  such  photographs  shall  remain the property of the social
services district and shall be kept confidential for use solely  in  the
apprehension  of such juvenile delinquent and shall be returned promptly
to the district upon apprehension of such juvenile delinquent,  or  upon
the demand of the district;
(f)  to  authorize  an  employee  designated  by  the  social services
district, without a warrant, to apprehend  a  runaway  or  conditionally
released  juvenile delinquent under the jurisdiction of the district who
has run away from a facility  run  by  the  district  or  an  authorized
agency;  or  is  conditionally  released and has violated a condition of
release therefrom, or if there is a  change  in  circumstances  and  the
district  determines that it would be consistent with the needs and best
interests of said juvenile  delinquent  and  the  need  to  protect  the
community;  in any county in this state whose return has been ordered by
the district pursuant to the regulations of the office, and return  said
juvenile   delinquent  to  any  appropriate  social  services  district,
detention facility, authorized agency or program;
(g) pursuant to the regulations of the office of children  and  family
services,  to  develop and operate programs for youth placed or referred
to the district or in conjunction with an order provided  in  accordance
with section 353.6 of the family court act;
(h)  upon  the  placement of any juvenile delinquent eighteen years of
age or older, or upon the eighteenth birthday of any youth placed in the
custody of the social services district for an adjudication of  juvenile
delinquency  for  having committed an act which if committed by an adult
would constitute a felony, and  still  in  the  custody  of  the  social
services  district,  to notify the division of criminal justice services
of such placement or birthday. Provided, however, in the case of a youth
eleven or twelve years  of  age  at  the  time  the  act  or  acts  were
committed,  the  division  of  criminal  justice  services  shall not be
provided with the youth's name, unless the acts committed by such  youth
would constitute a class A or B felony. Upon the subsequent discharge it
shall be the duty of the social services district to notify the division
of criminal justice services of that fact and the date of discharge. For
the  purposes of this paragraph, a youth's age shall be determined to be
the age stated in the placement order;
(i) to provide juvenile delinquents  in  residential  placements  with
reasonable and appropriate visitation by family members and consultation
with  their  legal  representative in accordance with the regulations of
the office of children and family services; and
(j) to provide residential care in programs subject to the regulations
of the office of children and family services, for infants  born  to  or
being  nursed  by  female juvenile delinquents placed with the district;
residential care for such an infant may be provided for such  period  of
time as is deemed desirable for the welfare of the mother or infant.
14.  The  following  persons  shall  be  authorized to visit, at their
pleasure, all programs operated by a social services  district  pursuant
to,  or  in  accordance  with  this  section:  the  governor; lieutenant
governor; comptroller; attorney general;  members  of  the  legislature;

judges  of the court of appeals; judges from supreme court, family court
and county courts and district attorneys, county attorneys and attorneys
employed in the office of the corporation  counsel  having  jurisdiction
within the applicable social services district or county where a program
is located; and any person or agency otherwise authorized by statute.
15.  A juvenile delinquent in the care of the social services district
who attends public school while in residence  at  a  facility  shall  be
deemed  a  resident  of  the school district where the youth's parent or
guardian resides at the commencement of each school year for the purpose
of determining which  school  district  shall  be  responsible  for  the
youth's tuition.
16.  The  social  services  district  shall  be permitted to appear as
amicus in any action involving an appeal from a decision of any court of
this state that relates to programs, conditions or services provided  by
such  district  or  any  authorized  agency  with which the district has
placed a juvenile delinquent pursuant to this  section.  Written  notice
shall  be  given  by the corporation counsel of the city of New York, or
county attorney, as applicable, to the parties to the appeal  when  such
amicus status is requested.
17.  Notwithstanding  any provision of law to the contrary, the social
services district may delay  acceptance  of  a  juvenile  delinquent  in
detention who is placed in the district's custody in accordance with the
regulations  of  the  office  of children and family services; provided,
however, that where the juvenile delinquent is in detention, such  delay
may  not exceed fifteen days from the date the placement was made except
as  provided  for  in  subdivision  three  of  section   three   hundred
ninety-eight of this article.
18.  No  order that places a juvenile delinquent in the custody of the
social services district that recites the facts upon which it  is  based
shall  be  deemed or held to be invalid by reason of any imperfection or
defect in form.
* NB Repealed March 31, 2028