N.Y. Executive Law § 504: Division facilities

§ 504. Division facilities. 1. The office of children and family

services shall operate and maintain secure, limited secure and

non-secure facilities for the care, custody, treatment, housing,

education, rehabilitation and guidance of youth placed with or committed

to the office of children and family services.

2. Each separate facility may bear the name, designated by the

division, of an individual known for outstanding service to youth.

3. A youth attending a local public school while in residence at a

division 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.

4. The division shall determine the particular division facility or

program in which a child placed with the division shall be cared for,

based upon an evaluation of such child. The division shall also have

authority to discharge or conditionally release children placed with it

and to transfer such children from a limited secure or non-secure

facility to any other limited secure or non-secure facility, when the

interest of such children requires such action; provided that a child

transferred to a non-secure facility from a limited secure facility may

be returned to a limited secure facility upon a determination by the

division that, for any reason, care and treatment at the non-secure

facility is no longer suitable.