N.Y. Executive Law § 510-a: Conditional release

§ 510-a. Conditional release. 1. The division may conditionally

release any youth placed with the division to aftercare whenever it

deems such conditional release to be in the best interest of the youth,

that suitable care and supervision can be provided and that there is a

reasonable probability that the youth can be conditionally released

without endangering the public safety; provided, however, that no youth

while absent from a facility or program without the consent of the

director of such facility or program shall be conditionally released by

the division solely by reason of the absence. The division may establish

regulations in connection with such conditional release.

2. It shall be a condition of such release that the youth so released

shall continue to be the responsibility of the division for the period

provided in the order of placement, notwithstanding the youth's

conditional release therefrom, and that the division, pursuant to its

regulations, may cause such youth to be returned to a division facility

or authorized agency at any time within the period of placement, where

there is a violation of the conditions of release or a change of

circumstances.

3. Youth conditionally released by the division may be provided for as

follows:

* (a) If, in the opinion of the office of children and family

services, there is no suitable parent, relative or guardian to whom a

youth can be conditionally released, and suitable care cannot otherwise

be secured, the division may conditionally release such youth to the

care of an authorized agency established pursuant to section three

hundred seventy-one of the social services law or any other suitable

person; provided that where such suitable person has no legal

relationship with the juvenile, the office shall advise such person of

the procedures for obtaining custody or guardianship of the juvenile.

* NB Effective until March 31, 2028

* (a) If, in the opinion of the division, there is no suitable parent,

relative or guardian to whom a youth can be conditionally released, and

suitable care cannot otherwise be secured, the division may

conditionally release such youth to the care of an authorized agency

established pursuant to section three hundred seventy-one of the social

services law or any other suitable person.

* NB Effective March 31, 2028

(b) The division may provide clothing, other necessities and services

for any conditionally released youth, as may be required, including

medical care and services not provided to such youth as medical

assistance for needy persons pursuant to title eleven of article five of

the social services law.

(c) If the youth so released is subject to article sixty-five of the

education law or elects to participate in an educational program leading

to a high school diploma, the youth shall be enrolled in a school or

educational program leading to a high school diploma following release,

or, if such release occurs during the summer recess, upon the

commencement of the next school term. If the youth so released is not

subject to article sixty-five of the education law and does not elect to

participate in an educational program leading to a high school diploma,

steps shall be taken to the extent possible to facilitate the youth's

gainful employment or enrollment in a vocational program following

release.

4. In addition to the other requirements of this section, no youth

placed with the division pursuant to a restrictive placement under the

family court act shall be released except pursuant to section 353.5 of

the family court act.