N.Y. Family Court Act § 353.3: Placement

§ 353.3 Placement. 1. In accordance with section 352.2 of this part,

the court may place the respondent in his or her own home or in the

custody of a suitable relative or other suitable private person or the

commissioner of the local social services district or the office of

children and family services pursuant to article nineteen-G of the

executive law, subject to the orders of the court.

2. * Where the respondent is placed with the commissioner of the local

social services district, the court may (i) in a social services

district operating an approved juvenile justice services close to home

initiative pursuant to section four hundred four of the social services

law, direct the commissioner to provide services necessary to meet the

needs of the respondent, provided that such services are authorized or

required to be made available pursuant to the approved plan to implement

a juvenile justice close to home initiative then in effect and the

commissioner shall notify the court and the attorney for the respondent

of the authorized agency that such respondent was placed in; or (ii) in

a social services district that is not operating an approved juvenile

justice services close to home initiative pursuant to section four

hundred four of the social services law, direct the commissioner to

place him or her with an authorized agency or class of authorized

agencies,; and if the court finds that the respondent placed with a

social services district pursuant to this subdivision is a sexually

exploited child as defined in subdivision one of section four hundred

forty-seven-a of the social services law, the court may place such

respondent in an available long-term safe house. Unless the

dispositional order provides otherwise, the court so directing shall

include one of the following alternatives to apply in the event that the

commissioner is unable to so place the respondent:

* NB Effective until March 31, 2028

* Where the respondent is placed with the commissioner of the local

social services district, the court may direct the commissioner to place

him or her with an authorized agency or class of authorized agencies,

including, if the court finds that the respondent is a sexually

exploited child as defined in subdivision one of section four hundred

forty-seven-a of the social services law, an available long-term safe

house. Unless the dispositional order provides otherwise, the court so

directing shall include one of the following alternatives to apply in

the event that the commissioner is unable to so place the respondent:

* NB Effective March 31, 2028

(a) the commissioner shall apply to the court for an order to stay,

modify, set aside, or vacate such directive pursuant to the provisions

of section 355.1 of this part; or

(b) the commissioner shall return the respondent to the family court

for a new dispositional hearing and order.

* 2-a. Notwithstanding any inconsistent provision of law to the

contrary, and pursuant to subdivision two of this section in a district

operating an approved juvenile justice services close to home initiative

pursuant to section four hundred four of the social services law:

(a) beginning on the effective date of the district's approved plan

that only covers juvenile delinquents placed in non-secure settings, the

court may only place the respondent:

(i) in the custody of the commissioner of the local social services

district for placement in a non-secure level of care; or

(ii) in the custody of the commissioner of the office of children and

family services for placement in a limited secure or secure level of

care; and

(b) beginning on the effective date of the district's approved plan to

implement programs for youth placed in limited secure settings, the

court may only place the respondent:

(i) in the custody of the commissioner of the local social services

district for placement in:

(A) a non-secure level of care;

(B) a limited secure level of care; or

(C) either a non-secure or limited secure level of care, as determined

by such commissioner; or

(ii) in the custody of the commissioner of the office of children and

family services for placement in a secure level of care.

* NB Repealed March 31, 2028

3. Where the respondent is placed with the office of children and

family services, the court shall, unless it directs the office to place

him or her with an authorized agency or class of authorized agencies,

including if the court finds that the respondent is a sexually exploited

child as defined in subdivision one of section four hundred

forty-seven-a of the social services law, an available long-term safe

house pursuant to subdivision four of this section, authorize the office

to do one of the following:

(a) place the respondent in a secure facility without a further

hearing at any time or from time to time during the first sixty days of

residency in office of children and family services facilities.

Notwithstanding the discretion of the office to place the respondent in

a secure facility at any time during the first sixty days of residency

in a office of children and family services facility, the respondent may

be placed in a non-secure facility. In the event that the office desires

to transfer a respondent to a secure facility at any time after the

first sixty days of residency in office facilities, a hearing shall be

held pursuant to subdivision three of section five hundred four-a of the

executive law; or

(b) place the respondent in a limited secure facility. The respondent

may be transferred by the office to a secure facility after a hearing is

held pursuant to section five hundred four-a of the executive law;

provided, however, that during the first twenty days of residency in

office facilities, the respondent shall not be transferred to a secure

facility unless the respondent has committed an act or acts which are

exceptionally dangerous to the respondent or to others; or

(c) place the respondent in a non-secure facility. No respondent

placed pursuant to this paragraph may be transferred by the office of

children and family services to a secure facility.

4. Where the respondent is placed with the office of children and

family services, the court may direct the office to place the respondent

with an authorized agency or class of authorized agencies, including, if

the court finds that the respondent is a sexually exploited child as

defined in subdivision one of section four hundred forty-seven-a of the

social services law, an available long-term safe house, and in the event

the office is unable to so place the respondent or, discontinues the

placement with the authorized agency, the respondent shall be deemed to

have been placed with the office pursuant to paragraph (b) or (c) of

subdivision three of this section. In such cases, the office shall

notify the court, presentment agency, respondent's attorney and parent

or other person responsible for the respondent's care, of the reason for

discontinuing the placement with the authorized agency and the level and

location of the youth's placement.

5. If the respondent has committed a felony the initial period of

placement shall not exceed eighteen months. If the respondent has

committed a misdemeanor such initial period of placement shall not

exceed twelve months. If the respondent has been in detention pending

disposition, the initial period of placement ordered under this section

shall be credited with and diminished by the amount of time spent by the

respondent in detention prior to the commencement of the placement

unless the court finds that all or part of such credit would not serve

the needs and best interests of the respondent or the need for

protection of the community.

6. The court may at any time conduct a hearing in accordance with

section 355.1 of this part concerning the need for continuing a

placement.

7. The place in which or the person with whom the respondent has been

placed under this section shall submit a report to the court,

respondent's attorney of record, and presentment agency at the

conclusion of the placement period, except as provided in paragraphs (a)

and (b) of this subdivision. Such report shall include recommendations

and such supporting data as is appropriate. The court may extend a

placement pursuant to section 355.3 of this part.

(a) Where the respondent is placed pursuant to subdivision two or

three of this section and where the agency is not seeking an extension

of the placement pursuant to section 355.3 of this part, such report

shall be submitted not later than thirty days prior to the conclusion of

the placement.

(b) Where the respondent is placed pursuant to subdivision two or

three of this section and where the agency is seeking an extension of

the placement pursuant to section 355.3 of this part and a permanency

hearing pursuant to section 355.5 of this part, such report shall be

submitted not later than sixty days prior to the date on which the

permanency hearing must be held and shall be annexed to the petition for

a permanency hearing and extension of placement.

(c) Where the respondent is placed pursuant to subdivision two or

three of this section, such report shall contain a plan for the release,

or conditional release (pursuant to section five hundred ten-a of the

executive law), of the respondent to the custody of his or her parent or

other person legally responsible, or to another permanency alternative

as provided in paragraph (d) of subdivision seven of section 355.5 of

this part. If the respondent is subject to article sixty-five of the

education law or elects to participate in an educational program leading

to a high school diploma, such plan shall include, but not be limited

to, the steps that the agency with which the respondent is placed has

taken and will be taking to facilitate the enrollment of the respondent

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 respondent 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,

such plan shall include, but not be limited to, the steps that the

agency with which the respondent is placed has taken and will be taking

to assist the respondent to become gainfully employed or enrolled in a

vocational program following release.

8. In its discretion, the court may recommend restitution or require

services for the public good pursuant to section 353.6 of this part in

conjunction with an order of placement.

* 9. If the court places a respondent with the office of children and

family services, or with a social services district with an approved

plan to implement a juvenile justice services close to home initiative

under section four hundred four of the social services law, pursuant to

this section after finding that such respondent committed a felony, the

court may, in its discretion, further order that such respondent shall

be confined in a residential facility for a minimum period set by the

order, not to exceed six months.

* NB Effective until March 31, 2028

* 9. If the court places a respondent with the office of children and

family services pursuant to this section after finding that such child

committed a felony, the court may, in its discretion, further order that

such respondent shall be confined in a residential facility for a

minimum period set by the order, not to exceed six months.

* NB Effective March 31, 2028

10. A placement pursuant to this section with the commissioner of the

local social services district shall not be directed in any detention

facility, but the court may direct detention pending transfer to a

placement authorized and ordered under this section for no more than

thirty days after the order of placement is made or in a city of one

million or more, for no more than fifteen days after such order of

placement is made. Such direction shall be subject to extension pursuant

to subdivision three of section three hundred ninety-eight of the social

services law.