N.Y. Executive Law § 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.