N.Y. Family Court Act § 304.1: Detention

§ 304.1. Detention. 1. A facility certified by the office of children

and family services as a juvenile detention facility must be operated in

conformity with the regulations of the office of children and family

services.

2. No child to whom the provisions of this article may apply shall be

detained in any prison, jail, lockup, or other place used for adults

convicted of crime or under arrest and charged with crime without the

approval of the office of children and family services in the case of

each child and the statement of its reasons therefor. The office of

children and family services shall promulgate and publish the rules

which it shall apply in determining whether approval should be granted

pursuant to this subdivision.

3. The detention of a child under thirteen years of age in a secure

detention facility shall not be directed, unless such child is at least

ten years old and is considered a juvenile delinquent pursuant to

subparagraph (iii) of paragraph (a) of subdivision one of section 301.2

of this article, nor shall the detention of a child adjudicated solely

for an act that would constitute a violation as defined in subdivision

three of section 10.00 of the penal law, be directed under any of the

provisions of this article.

4. A detention facility which receives a child under subdivision four

of section 305.2 of this part shall immediately notify the child's

parent or other person legally responsible for his or her care or, if

such legally responsible person is unavailable the person with whom the

child resides, that he or she has been placed in detention.