N.Y. Executive Law § 510-c: Discharge from custody

§ 510-c. Discharge from custody. 1. The division may discharge from

its custody any child placed with the division whenever it deems such

discharge to be in the best interest of the child and there is

reasonable probability that the child can be discharged without

endangering the public safety; provided, however, that no child while

absent from a division facility without the consent of the director of

such facility shall be discharged by the division solely by reason of

the absence, and provided further that no child in the custody of the

division and transferred to the department of mental hygiene, while

absent from a department of mental hygiene facility without the consent

of the superintendent or director of such facility, shall be discharged

by the division.

2. Except as provided in subdivision three of this section, any child

who has been placed with the office of children and family services

shall be deemed to have been discharged therefrom if, during the period

provided in the order of placement or extension thereof, the child is

convicted of a crime or adjudicated a youthful offender, and is

committed to an institution in the department of corrections and

community supervision or department of mental hygiene, or receives a one

year sentence in a local correctional facility.

3. A child placed with the division pursuant to a restrictive

placement under the family court act shall not be discharged solely by

reason of conviction for a crime or adjudication as a juvenile

delinquent or youthful offender, nor shall any such child be discharged

except pursuant to section 353.5 of the family court act.

4. Upon the placement of any child eighteen years of age or over, or

upon the eighteenth birthday of any child placed in the custody of the

division 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 division, the division shall

notify the division of criminal justice services of such placement or

birthday provided, however, in the case of a child 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 child's

name, unless the acts committed by such child would constitute a class A

or B felony. Upon the subsequent discharge of said child it shall be the

duty of the division to notify the division of criminal justice services

of that fact and the date of discharge. For the purposes of this

subdivision, a child's age shall be determined to be the age stated in

the placement order.