N.Y. Social Services Law § 404: Juvenile justice services close to home initiative

* § 404. Juvenile justice services close to home initiative. 1. A

social services district in a city with a population in excess of one

million may implement a close to home initiative to provide juvenile

justice services to all adjudicated juvenile delinquents determined by a

family court in such district as needing placement other than in a

secure facility and to enter into contracts with any authorized agency,

as defined by section three hundred seventy-one of this chapter, to

operate and maintain non-secure and limited secure facilities. Such a

social services district shall have sufficient capacity to serve all

adjudicated juvenile delinquents needing residential placements within

the district within twenty-four months of approval of a plan for each

setting level except for those juvenile delinquents who need specialized

services that are not available within the district.

2. A social services district shall obtain prior approval from the

office of children and family services of its plan for establishing and

implementing such an initiative in accordance with guidelines

established and in the format, and including the information required,

by such office. Such district shall submit separate plans for how the

district will implement initiatives for juvenile delinquents placed in

non-secure settings and in limited secure settings. Any such plan shall

specify, in detail, as applicable:

(a) how the district will provide a continuum of evidence informed,

high-quality community-based and residential programming that will

protect community safety and provide appropriate services to youth,

including the operation of non-secure and limited secure facilities, in

sufficient capacity and in a manner designed to meet the needs of

juvenile delinquents cared for under the initiative. Such programming

shall be based on an analysis of recent placement trends of youth from

within such district, including the number of youth who have been placed

in the custody of the office of children and family services for

placement in other than a secure facility;

(b) the anticipated start-up and on-going services and administrative

costs of the initiative;

(c) the readiness of the district to establish the initiative and the

availability of all needed resources, including the location of services

and availability of the providers that will provide all necessary

services under the initiative including, but not limited to,

residential, non-residential, educational, medical, substance abuse,

mental health and after care services and community supervision;

(d) the proposed effective date of the plan and documentation of the

district's readiness to begin accepting and appropriately serving

juvenile delinquents under the plan;

(e) how the district will provide necessary and appropriate staffing

to implement the initiative;

(f) how the district will monitor the quality of services provided to

youth, including how the district will provide case management services;

(g) how, throughout the initiative, the district will seek and receive

on-going community and stakeholder input relating to the implementation

and effectiveness of the initiative;

(h) how the district will ensure that all staff working directly with

youth served under the initiative have received necessary and

appropriate training;

(i) how the district will monitor the use of restraints on youth,

including, but not limited to, the use of mechanical restraints;

(j) how the district will develop and implement programs and policies

to ensure program safety and that youth receive appropriate services

based on their needs, including, but not limited to, educational,

behavioral, mental health and substance abuse services in accordance

with individualized treatment plans developed for each youth;

(k) how the district will develop and implement gender specific

programming and policies to meet the specialized needs of lesbian, gay,

bisexual and transgender youth;

(l) how the district will develop and implement programming that is

culturally competent to meet the diverse needs of the youth;

(m) how the district will develop and implement local programs that

will seek to reduce the disproportionate placement of minority youth in

residential programs in the juvenile justice system;

(n) how the district will develop and implement a plan to reduce the

number of youth absent without leave from placement;

(o) how the district will develop and implement policies to serve

youth in the least restrictive setting consistent with the needs of

youth and public safety, and to avoid modifications of placements to the

office of children and family services;

(p) how the district will engage in permanency and discharge planning

for juvenile delinquents placed in its custody including, but not

limited to, securing adequate housing and health insurance and education

and employment, as appropriate;

(q) how the district will develop and implement a comprehensive after

care program to provide services and supports for youth who have

re-entered the community following a juvenile justice placement with the

district;

(r) how the district will develop and implement policies focused on

reducing recidivism of youth who leave the program;

(s) how the local probation department will implement a comprehensive

predisposition investigation process that includes, at least, the use of

appropriate assessments to determine the cognitive,

educational/vocational, and substance abuse needs of the youth and the

use of a validated risk assessment instrument, approved by the office of

children and family services; and how the district will implement an

intake process for youth placed in residential care that includes the

use of appropriate assessments to determine the medical, dental, mental

and behavioral health needs of the youth; and

(t) how the district will provide for the restrictive setting and

programs necessary to serve youth who need placement in a limited secure

setting consistent with the necessity for the protection of the health

and safety of the juvenile delinquents in the facility and the

surrounding community.

3. (a) Prior to submitting any plan pursuant to subdivision two of

this section to implement a juvenile justice services close to home

initiative for juvenile delinquents placed in non-secure settings, the

social services district shall conduct at least one public hearing on

the proposed plan. Any such public hearings shall only be held after

thirty days notice has been provided in a newspaper of general

circulation within the jurisdiction for which the social services

district is located. The notice shall specify the times of the public

hearing and provide information on how written comments on the plan may

be submitted to the district for consideration. Additionally, for a

period of at least thirty days prior to a hearing, the district shall

post on its website a notice of the hearing, a copy of the proposed

plan, and information on how written comments on the plan may be

submitted to the district for consideration.

(b) Prior to submitting a plan pursuant to subdivision two of this

section to implement a juvenile justice services close to home

initiative for juvenile delinquents placed in limited secure settings,

the social services district shall:

(i) hold at least one forum in each of the five boroughs within the

district for community members and relevant stakeholders including

potential provider agencies to discuss, in general, the manner in which

the district intends to provide the residential and aftercare services

to youth who need placement in limited secure settings in a manner to

protect community safety and provide appropriate services to such youth,

and to respond to concerns and receive suggested alternatives;

(ii) conduct at least one public hearing in each of the five boroughs

within the district on the proposed plan. Such public hearings shall

only be held after thirty days notice has been provided in a newspaper

of general circulation in the respective borough. The notice shall

specify the time of the hearing in the respective borough and provide

information on how written comments on the plan may be submitted to the

district for consideration. Additionally, for a period of at least

thirty days prior to each such hearing, the district shall post on its

website a notice of the hearing, a copy of the proposed plan, and

information on how written comments on the plan may be submitted to the

district for consideration.

4. The social services district shall submit, with any such plan, an

assessment of any written comments received, and any comments presented

at the public hearing. At a minimum, such assessment shall contain:

(a) a summary and analysis of the issues raised and significant

alternatives suggested;

(b) a statement of the reasons why any significant alternatives were

not incorporated into the plan; and

(c) a description of any changes made to the plan as a result of such

comments.

At the time of, or prior to, the submission of each such plan to the

office, the social services district shall post on its website the plan

and the assessment of comments. At the time it submits its plan to the

office, the social services district shall provide a copy of the plan

and assessment of comments to the temporary president of the senate and

the speaker of the assembly.

5. The office of children and family services, in consultation with

the office of mental health and the office of alcoholism and substance

abuse services, shall be authorized to request amendments to any plan

prior to approval. For any plan that only covers juvenile delinquents

placed in non-secure settings, the office shall, within thirty days of

receiving the plan, either approve or disapprove the plan or request

amendments to the plan. If any amendments are requested to the plan, the

office shall approve or disapprove the plan within fifteen days of its

resubmission with the requested amendments. For any plan that covers

juvenile delinquents placed in limited secure settings, the office

shall, within sixty days of receiving the plan, either approve or

disapprove the plan or request amendments to the plan. If any amendments

are requested to the plan, the office shall approve or disapprove the

plan within fifteen days of its resubmission with the requested

amendments. In no event shall the office approve such a plan for limited

secure settings prior to April first, two thousand thirteen.

6. (a) Notwithstanding any other provision of law to the contrary, if

the office of children and family services approves a social services

district's plan to implement a juvenile justice services close to home

initiative for juvenile delinquents placed in non-secure settings, such

office shall work with such district to identify those juvenile

delinquents in the office's custody residing in non-secure placements

and those conditionally released from a facility who were placed by a

family court within the jurisdiction of said social services district.

The office shall evaluate the placement length and the needs of such

juvenile delinquents and, where appropriate, file a petition pursuant to

section 355.1 of the family court act to transfer custody of such youth

to said social services district on the effective date of the plan, or

as soon as appropriate thereafter, but in no event later than ninety

days after such effective date; provided, however, if the office

determines, on a case-by-case basis, for reasons documented in writing

submitted to the social services district, that a transfer within ninety

days of the effective date of the plan would be detrimental to the

education or the emotional, mental or physical health of a youth, or

would seriously interfere with the youth's interstate transfer or

imminent discharge, the office shall provide an estimated time by which

the office expects to be able to petition for the transfer of such youth

or to release such youth from its care, and shall notify the district

and the attorney for the respondent of any delay of that expected date

and the reasons for such a delay.

(b) Notwithstanding any other provision of law to the contrary, if the

office approves a social services district's plan to implement a

juvenile justice services close to home initiative for juvenile

delinquents placed in limited-secure settings, such office shall work

with such district to identify juvenile delinquents in the office's

custody residing in limited secure placements who were placed by a

family court in the social services district. The office of children and

family services shall evaluate the placement length and needs of such

juvenile delinquents and, where appropriate, file a petition pursuant to

section 355.1 of the family court act to transfer custody of such youth

to said social services district on the effective date of the plan or as

soon as appropriate thereafter, but in no event later than ninety days

after such effective date; provided, however, if the office determines,

on a case-by-case basis, for reasons documented in writing submitted to

the social services district, that a transfer within ninety days of the

effective date of the plan would be detrimental to the education or the

emotional, mental or physical health of a youth, or would seriously

interfere with the youth's interstate transfer or imminent discharge,

the office shall provide an estimated time by which the office expects

to be able to petition for the transfer of such youth or to release such

youth from its care, and shall notify the district and the attorney for

the respondent of any delay of that expected date and the reasons for

such a delay.

7. (a) Notwithstanding the provisions of paragraph (c) of subdivision

fifteen of section five hundred one of the executive law, or any other

law to the contrary, if the office of children and family services

approves a social services district's plan for a juvenile justice

services close to home initiative to implement services for juvenile

delinquents placed in non-secure or limited secure settings, such office

shall be authorized, for up to a year after the effective date of the

first of any such approved plan for a district to implement services for

each setting level, but in no event later than September first, two

thousand fourteen: (1) to close any of its facilities in the

corresponding setting levels covered by the approved plan and to make

significant associated service reductions and public employee staffing

reductions and transfer operations for those setting levels to a private

or not-for-profit entity, as determined by the commissioner of the

office of children and family services solely to reflect the decrease in

the number of juvenile delinquents placed with such office from such

social services district; (2) to reduce costs to the state and other

social services districts resulting from such decrease; and (3) to

adjust services to provide regionally-based care to juvenile delinquents

from other parts of the state needing services in those levels of

residential services. At least sixty days prior to taking any such

action, the commissioner of the office shall provide notice of such

action to the speaker of the assembly and the temporary president of the

senate and shall post such notice upon its public website. Such notice

may be provided at any time on or after the date the office approves a

plan authorizing a social services district to implement programs for

juvenile delinquents placed in the applicable setting level. Such

commissioner shall be authorized to conduct any and all preparatory

actions which may be required to effectuate such closures or significant

service or staffing reductions and transfer of operations during such

sixty day period. In assessing which of such facilities to close, or at

which to implement any significant service reductions, public employee

staffing reductions and/or transfer of operations to a private or

not-for-profit entity, the commissioner shall consider the following

factors: (1) ability to provide a safe, humane and therapeutic

environment for placed youth; (2) ability to meet the educational,

mental health, substance abuse and behavioral health treatment needs of

placed youth; (3) community networks and partnerships that promote the

social, mental, economic and behavioral development of placed youth; (4)

future capacity requirements for the effective operation of youth

facilities; (5) the physical characteristics, conditions and costs of

operation of the facility; and (6) the location of the facility in

regards to costs and ease of transportation of placed youth and their

families.

(b) Any transfers of capacity or any resulting transfer of functions

shall be authorized to be made by the commissioner of the office of

children and family services and any transfer of personnel upon such

transfer of capacity or transfer of functions shall be accomplished in

accordance with the provisions of section seventy of the civil service

law.

8. (a) Notwithstanding any other provision of law to the contrary,

eligible expenditures during the applicable time periods made by a

social services district for an approved juvenile justice services close

to home initiative shall, if approved by the department of family

assistance, be subject to reimbursement with state funds only up to the

extent of an annual appropriation made specifically therefor, after

first deducting therefrom any federal funds properly received or to be

received on account thereof; provided, however, that when such funds

have been exhausted, a social services district may receive state

reimbursement from other available state appropriations for that state

fiscal year for eligible expenditures for services that otherwise would

be reimbursable under such funding streams. Any claims submitted by a

social services district for reimbursement for a particular state fiscal

year for which the social services district does not receive state

reimbursement from the annual appropriation for the approved close to

home initiative may not be claimed against that district's appropriation

for the initiative for the next or any subsequent state fiscal year.

(b) The department of family assistance is authorized, in its

discretion, to make advances to a social services district in

anticipation of the state reimbursement provided for in this section.

(c) A social services district shall conduct eligibility

determinations for federal and state funding and submit claims for

reimbursement in such form and manner and at such times and for such

periods as the department of family assistance shall determine.

(d) Notwithstanding any inconsistent provision of law or regulation of

the department of family assistance, state reimbursement shall not be

made for any expenditure made for the duplication of any grant or

allowance for any period.

(e) Claims submitted by a social services district for reimbursement

shall be paid after deducting any expenditures defrayed by fees, third

party reimbursement, and any non-tax levy funds including any donated

funds.

(f) The office of children and family services shall not reimburse any

claims for expenditures for residential services that are submitted more

than twenty-two months after the calendar quarter in which the

expenditures were made.

(g) Notwithstanding any other provision of law, the state shall not be

responsible for reimbursing a social services district and a district

shall not seek state reimbursement for any portion of any state

disallowance or sanction taken against the social services district, or

any federal disallowance attributable to final federal agency decisions

or to settlements made, when such disallowance or sanction results from

the failure of the social services district to comply with federal or

state requirements, including, but not limited to, failure to document

eligibility for the federal or state funds in the case record. To the

extent that the social services district has sufficient claims other

than those that are subject to disallowance or sanction to draw down the

full annual appropriation, such disallowance or sanction shall not

result in a reduction in payment of state funds to the district unless

the district requests that the department use a portion of the

appropriation toward meeting the district's responsibility to repay the

federal government for the disallowance or sanction and any related

interest payments.

(h) Rates for residential services. (i) The office shall establish the

rates, in accordance with section three hundred ninety-eight-a of this

chapter, for any non-secure facilities established under an approved

juvenile justice services close to home initiative. For any such

non-secure facility that will be used primarily by the social services

district with an approved close to home initiative, final authority for

establishment of such rates and any adjustments thereto shall reside

with the office, but such rates and any adjustments thereto shall be

established only upon the request of, and in consultation with, such

social services district.

(ii) A social services district with an approved juvenile justice

services close to home initiative for juvenile delinquents placed in

limited secure settings shall have the authority to establish and

adjust, on an annual or regular basis, maintenance rates for limited

secure facilities providing residential services under such initiative.

Such rates shall not be subject to the provisions of section three

hundred ninety-eight-a of this chapter but shall be subject to maximum

cost limits established by the office of children and family services.

9. Upon approval of a social services district's plan, the office of

children and family services shall notify the supervising family court

judge responsible for the family courts serving such district of the

effective date and placement settings covered by the plan.

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

only covers juvenile delinquents placed in non-secure settings, a family

court judge serving in a county where such social services district is

located shall only be authorized to place an adjudicated juvenile

delinquent in the custody of the commissioner of the office of children

and family services for placement in a secure or limited secure facility

pursuant to section 353.3 or 353.5 of the family court act.

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

implement programs for juvenile delinquents placed in limited secure

settings, a family court judge serving in a county where such social

services district is located shall only be authorized to place an

adjudicated juvenile delinquent in the custody of the commissioner of

the office of children and family services for placement in a secure

facility pursuant to section 353.3 or 353.5 of the family court act.

10. If the social services district receives the necessary approval to

implement a close to home initiative, the district shall implement the

initiative in accordance with all applicable federal and state laws and

regulations. If the social services district receives the necessary

approval of a plan for juvenile delinquents placed in limited secure

settings, the office shall promulgate regulations governing the

operation of such limited secure facilities. If such regulations are not

adopted prior to the date that an authorized agency applies for a

license to operate such a facility, the facility shall be subject to the

existing regulations of the office that would apply to the operation of

a foster care facility of the same size; provided, however, that the

office shall be authorized to grant an exception to the authorized

agency, until such limited secure regulations are adopted, to any such

existing regulation that the office determines would impede the ability

of the authorized agency to provide the restrictive setting and programs

necessary to serve youth who need placement in a limited secure setting

in accordance with the approved plan. Any limited secure facility that

is granted such a waiver shall comply with any alternate requirements

the office may consider necessary for the protection of the health or

safety of the juvenile delinquents in the facility or the surrounding

community. The office shall take all reasonable steps available to

finalize the adoption of regulations governing the operation of such

limited secure facilities no later than six months after it issues the

first license for a program to provide services to juvenile delinquents

placed in limited secure settings but in no event shall such regulations

be adopted on an emergency basis.

(a) The initiative shall be subject to the office of children and

family services' ongoing oversight and monitoring including, but not

limited to: case record reviews; staff, family, and client interviews;

on-site inspections; review of data regarding provider performance,

youth and staff safety, and quality of care, which must be provided to

the office in order to carry out its responsibilities, in the form and

manner and at such times as required by the office; and continued

licensing and monitoring of the authorized agencies providing services

under the plan pursuant to this chapter.

(b) The social services district shall provide each juvenile

delinquent with an appropriate level of services designed to meet his or

her individual needs and to enhance public safety and shall provide the

office of children and family services with specific information as

required by the office, in the format and at such times as required by

such office, on the youth participating in the initiative and the

programs serving such youth. Such information shall be provided to the

office of children and family services on a monthly basis for the first

twelve months immediately following the implementation of the programs

for each level of care and shall be provided to such office on a

quarterly basis thereafter.

11. The social services district shall submit an annual report to the

office of children and family services, the temporary president of the

senate and the speaker of the assembly, in the format required by such

office, detailing overall initiative performance. Such report shall

include, but not be limited to:

(a) number of juvenile delinquents placed with the local social

services district;

(b) number of juvenile delinquents placed in a non-secure facility

with the social services district;

(c) number of juvenile delinquents placed in a limited secure facility

with the social services district, as applicable;

(d) demographic information about juvenile delinquents in care;

(e) number of specialized beds in each category of specialized

program;

(f) number and nature of incident reports;

(g) number of juvenile delinquents absent without leave per facility;

(h) average length of stay;

(i) number of conditionally released juvenile delinquents;

(j) number of discharged juvenile delinquents who are subsequently

placed with the district;

(k) number and nature of corrective action plans and resolutions;

(l) number of juvenile delinquents transferred between facilities,

including the number of juvenile delinquents transferred between

non-secure and limited-secure facilities, as applicable; and

(m) number of petitions filed to transfer juvenile delinquents between

the custody of the office and the social services district.

12. If the office of children and family services determines that the

social services district is failing to adequately provide for the

juvenile delinquents placed under an approved plan, such office may

require the social services district to submit a corrective action plan,

for such office's approval, demonstrating how it will rectify the

inadequacies in the time specified by the office, but no later than

thirty days from such request. If the office determines that the social

services district is failing to make sufficient progress towards

implementing the corrective action plan in the time and manner approved

by the office but no later than sixty days from the date of submission

of the corrective action plan, the office shall provide the district

written notice of such determination and the basis therefor, and mandate

that the district take all necessary actions to implement the plan. If a

district has failed, within a reasonable time thereafter as specified by

the office based on the nature of the failure, which shall in no event

exceed sixty days, to make progress implementing any regulation, or any

other portion of such plan that is intended to prevent imminent danger

to the health, safety or welfare of the youth being served under the

plan, the office may withhold or set aside a portion of the funding due

under subdivision eight of this section until the district demonstrates

that sufficient progress is being made; or terminate the district's

authority to operate all or a portion of the juvenile justice services

close to home initiative, take all necessary steps to assume custody

for, and provide services to, the applicable juvenile delinquents being

served under the initiative, and discontinue funds provided to the

district for such services. The office shall not withhold, set aside or

discontinue state aid to a district until written notice is given to the

commissioner of the district, and in the event funding is withheld, set

aside or discontinued, the district may appeal to the office, which

shall hold a fair hearing thereon in accordance with the provisions of

section twenty-two of this chapter relating to fair hearings. The

district may institute a proceeding for a review of the determination of

the office following the fair hearing pursuant to article seventy-eight

of the civil practice law and rules. Any funds withheld, set aside or

discontinued pursuant to this provision shall be applied to address the

problem which was the basis for such sanction. If the office terminates

a district's authority to operate any portion of a juvenile justice

services close to home initiative in accordance with this subdivision,

the office shall notify the supervising family court judge responsible

for the family courts serving such district of such termination and the

effective date of such termination.

13. Once a plan becomes operative pursuant to this section, the social

services district shall carry out the following functions, powers and

duties with respect to placements of juvenile delinquents in accordance

with the provisions of such plan and all applicable federal and state

laws and regulations:

(a) to enter into contracts with authorized agencies, as defined in

section three hundred seventy-one of this chapter, to operate and

maintain facilities authorized under such plan; such contracts may

include such program requirements as deemed necessary by the district;

(b) to determine the particular facility or program in which a

juvenile delinquent placed with the district shall be cared for, based

upon any applicable court order, pursuant to subdivision two of section

353.3 of the family court act, and an evaluation of such juvenile

delinquent;

(c) to transfer a juvenile delinquent from one facility to any other

facility, when the interests of such juvenile delinquent require such

action, upon prior notice to the respondent, the attorney for the

respondent and the respondent's parent or legal guardian, unless an

immediate change of placement is necessary, in which case such notice

shall be transmitted on the next business day; provided that, if the

district has an approved plan to implement services for juvenile

delinquents placed in limited secure settings, a juvenile delinquent

transferred to a non-secure facility from a limited secure facility may

be returned to a limited secure facility upon a determination by the

district that, for any reason, care and treatment at the non-secure

facility is no longer suitable;

(d) to cause a juvenile delinquent under the jurisdiction of the

district who has run away from a facility run by the district or an

authorized agency; or is conditionally released and has violated a

condition of release therefrom, or if there is a change in circumstances

and the district determines that it would be consistent with the needs

and best interests of said juvenile delinquent and the need to protect

the community; to be apprehended and returned to the district, detention

facility, authorized agency, or program pursuant to regulations of the

office of children and family services; provided further that:

(i) a social services official shall give immediate written notice to

both the office and the family court when any juvenile delinquent placed

with the social services district is absent from such placement without

consent;

(ii) an authorized agency shall give immediate written notice to the

office, the district and the family court when any juvenile delinquent

placed by the district for care in such authorized agency is absent from

such placement without consent;

(iii) a magistrate may cause a runaway or conditionally released

juvenile delinquent to be held in custody until returned to the

district;

(e) to issue a warrant for the apprehension and return of a juvenile

delinquent under the jurisdiction of the district who has run away from

a facility run by the district or an authorized agency; or is

conditionally released and has violated a condition of release

therefrom, or if there is a change in circumstances and the district

determines that it would be consistent with the needs and best interest

of said juvenile delinquent and the need to protect the community;

pursuant to regulations of the office of children and family services;

provided that:

(i) a social services official, pursuant to the regulations of the

office of children and family services, shall issue a warrant directed

generally to any peace officer, acting pursuant to such officer's

special duties, or police officer in the state for the apprehension and

return of any runaway or conditionally released juvenile delinquent

under the jurisdiction of the district and such warrant shall be

executed by any peace officer, acting pursuant to such officer's special

duties, or police officer to whom it may be delivered; the social

services district also shall provide relevant law enforcement agencies

within forty-eight hours with any photographs of any runaway or

conditionally released juvenile delinquent for whom a warrant is issued,

together with any pertinent information relative to such juvenile

delinquent; such photographs shall remain the property of the social

services district and shall be kept confidential for use solely in the

apprehension of such juvenile delinquent and shall be returned promptly

to the district upon apprehension of such juvenile delinquent, or upon

the demand of the district;

(f) to authorize an employee designated by the social services

district, without a warrant, to apprehend a runaway or conditionally

released juvenile delinquent under the jurisdiction of the district who

has run away from a facility run by the district or an authorized

agency; or is conditionally released and has violated a condition of

release therefrom, or if there is a change in circumstances and the

district determines that it would be consistent with the needs and best

interests of said juvenile delinquent and the need to protect the

community; in any county in this state whose return has been ordered by

the district pursuant to the regulations of the office, and return said

juvenile delinquent to any appropriate social services district,

detention facility, authorized agency or program;

(g) pursuant to the regulations of the office of children and family

services, to develop and operate programs for youth placed or referred

to the district or in conjunction with an order provided in accordance

with section 353.6 of the family court act;

(h) upon the placement of any juvenile delinquent eighteen years of

age or older, or upon the eighteenth birthday of any youth placed in the

custody of the social services district 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 social

services district, to notify the division of criminal justice services

of such placement or birthday. Provided, however, in the case of a youth

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 youth's name, unless the acts committed by such youth

would constitute a class A or B felony. Upon the subsequent discharge it

shall be the duty of the social services district to notify the division

of criminal justice services of that fact and the date of discharge. For

the purposes of this paragraph, a youth's age shall be determined to be

the age stated in the placement order;

(i) to provide juvenile delinquents in residential placements with

reasonable and appropriate visitation by family members and consultation

with their legal representative in accordance with the regulations of

the office of children and family services; and

(j) to provide residential care in programs subject to the regulations

of the office of children and family services, for infants born to or

being nursed by female juvenile delinquents placed with the district;

residential care for such an infant may be provided for such period of

time as is deemed desirable for the welfare of the mother or infant.

14. The following persons shall be authorized to visit, at their

pleasure, all programs operated by a social services district pursuant

to, or in accordance with this section: the governor; lieutenant

governor; comptroller; attorney general; members of the legislature;

judges of the court of appeals; judges from supreme court, family court

and county courts and district attorneys, county attorneys and attorneys

employed in the office of the corporation counsel having jurisdiction

within the applicable social services district or county where a program

is located; and any person or agency otherwise authorized by statute.

15. A juvenile delinquent in the care of the social services district

who attends public school while in residence at a facility shall be

deemed a resident of the school district where the youth's parent or

guardian resides at the commencement of each school year for the purpose

of determining which school district shall be responsible for the

youth's tuition.

16. The social services district shall be permitted to appear as

amicus in any action involving an appeal from a decision of any court of

this state that relates to programs, conditions or services provided by

such district or any authorized agency with which the district has

placed a juvenile delinquent pursuant to this section. Written notice

shall be given by the corporation counsel of the city of New York, or

county attorney, as applicable, to the parties to the appeal when such

amicus status is requested.

17. Notwithstanding any provision of law to the contrary, the social

services district may delay acceptance of a juvenile delinquent in

detention who is placed in the district's custody in accordance with the

regulations of the office of children and family services; provided,

however, that where the juvenile delinquent is in detention, such delay

may not exceed fifteen days from the date the placement was made except

as provided for in subdivision three of section three hundred

ninety-eight of this article.

18. No order that places a juvenile delinquent in the custody of the

social services district that recites the facts upon which it is based

shall be deemed or held to be invalid by reason of any imperfection or

defect in form.

* NB Repealed March 31, 2028