N.Y. Executive Law § 502-a: Day placement

§ 502-a. Day placement. 1. Definition. "Day placement" shall mean a

program for youth placed with the division which is an alternative to or

includes a period of residential placement. Such program shall require

the youth to adhere to conditions of participation and to attend

programs on certain days or during certain periods of days, or both, as

specified by the director.

2. Authorization for day placement. The director is authorized to

establish day placement programs for eligible youth as defined by the

director, pursuant to the rules and regulations of the division. The

director's decision to allow a youth to participate in the day placement

program shall be discretionary. As a part of day placement, the director

shall impose conditions of participation upon the youth. Such conditions

may include but shall not be limited to community, educational,

vocational, recreational and treatment services; evening and weekend

reporting programs; alternative educational programs; and periods of

residential placement.

3. Use of day placement. The director, pursuant to the rules and

regulations of the division, may approve a day placement in any case

where the court has ordered placement with the division pursuant to

section 353.3 of the family court act.

4. Duration of day placement. The duration of a day placement may be

for the same period of placement imposed by the court pursuant to

section 353.3 of the family court act. The term of the placement shall

commence on the day it is imposed and shall be calculated upon the basis

of the duration of its term, rather than upon the basis of the days

spent in residential placement, so that no youth shall be subject to

placement for a period that is longer than the initial period of

placement, unless an extension is granted pursuant to section 355.3 of

the family court act.

5. Interruption of placement. Consistent with the rule and regulation

of the division, in any case where a youth fails to report to the

facility or program specified by the director, the term of placement

shall be interrupted and such interruption shall continue until the

youth reports to such facility or program or is otherwise returned to

the custody of the division.

6. Modification or termination of day placement. It shall be within

the discretion of the director to modify or terminate a youth's

participation in day placement at any time. If the day placement is

terminated the youth shall be immediately placed in a residential

facility consistent with the court order.

7. Release and discharge. Decisions of the director regarding day

placement pursuant to this section or any conditional release or

discharge pursuant to sections five hundred ten-a and five hundred

hundred ten-c of this article shall be deemed a judicial function and

shall not be reviewable if done in accordance with law.