2006 New York Code - Detention.

 
    §  720.  Detention. 1. 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  a
  crime.
    2.  The  detention of a child in a secure detention facility shall not
  be directed under any of the provisions of this article.
    3. Detention of a person alleged to be or adjudicated as a  person  in
  need  of  supervision  shall  be authorized only in a detention facility
  certified by the division for youth except as  provided  in  subdivision
  four of this section.
    4.  Whenever  detention  is  authorized  and  ordered pursuant to this
  article, for a person alleged to be or adjudicated as a person  in  need
  of  supervision,  a  family  court  in a city having a population of one
  million or more shall,  notwithstanding  any  other  provision  of  law,
  direct  detention  in  a foster care facility established and maintained
  pursuant to  the  social  services  law.  In  all  other  respects,  the
  detention of such a person in a foster care facility shall be subject to
  the  identical  terms  and  conditions for detention as are set forth in
  this article and in section two hundred thirty-five of this act.
    5. (a) The court shall  not  order  or  direct  detention  under  this
  article,  unless  the  court  determines  that  there  is no substantial
  likelihood that the youth and his or her family will continue to benefit
  from diversion services and that all available alternatives to detention
  have been exhausted; and
    (b) Where the youth is sixteen years of age or older, the court  shall
  not  order  or  direct  detention  under  this article, unless the court
  determines and states in its order that special circumstances  exist  to
  warrant such detention.