2006 New York Code - Day Placement.

 
    § 502-a. Day  placement.  1.  Definition. "Day placement" shall mean a
  program for youth placed with the division which is an alternative to or
  includes a period of residential placement. Such program  shall  require
  the  youth  to  adhere  to  conditions  of  participation  and to attend
  programs on certain days or during certain periods of days, or both,  as
  specified by the director.
    2.  Authorization  for  day  placement.  The director is authorized to
  establish day placement programs for eligible youth as  defined  by  the
  director,  pursuant  to  the  rules and regulations of the division. The
  director's decision to allow a youth to participate in the day placement
  program shall be discretionary. As a part of day placement, the director
  shall impose conditions of participation upon the youth. Such conditions
  may  include  but  shall  not  be  limited  to  community,  educational,
  vocational,  recreational  and  treatment  services; evening and weekend
  reporting programs; alternative educational  programs;  and  periods  of
  residential placement.
    3.  Use  of  day  placement.  The  director, pursuant to the rules and
  regulations of the division, may approve a day  placement  in  any  case
  where  the  court  has  ordered  placement with the division pursuant to
  section 353.3 of the family court act.
    4. Duration of day placement. The duration of a day placement  may  be
  for  the  same  period  of  placement  imposed  by the court pursuant to
  section 353.3 of the family court act. The term of the  placement  shall
  commence on the day it is imposed and shall be calculated upon the basis
  of  the  duration  of  its  term, rather than upon the basis of the days
  spent in residential placement, so that no youth  shall  be  subject  to
  placement  for  a  period  that  is  longer  than  the initial period of
  placement, unless an extension is granted pursuant to section  355.3  of
  the family court act.
    5.  Interruption of placement. Consistent with the rule and regulation
  of the division, in any case where  a  youth  fails  to  report  to  the
  facility  or  program  specified  by the director, the term of placement
  shall be interrupted and such  interruption  shall  continue  until  the
  youth  reports  to  such facility or program or is otherwise returned to
  the custody of the division.
    6. Modification or termination of day placement. It  shall  be  within
  the  discretion  of  the  director  to  modify  or  terminate  a youth's
  participation in day placement at any time.  If  the  day  placement  is
  terminated  the  youth  shall  be  immediately  placed  in a residential
  facility consistent with the court order.
    7. Release and discharge. Decisions  of  the  director  regarding  day
  placement  pursuant  to  this  section  or  any  conditional  release or
  discharge pursuant to sections  five  hundred  ten-a  and  five  hundred
  hundred  ten-c  of  this article shall be deemed a judicial function and
  shall not be reviewable if done in accordance with law.