2018 New York Laws
EXC - Executive
Article 19-G - Office of Children and Family Services
Title 2 - Facilities
507-A - Placement and Commitment; Procedures.

§ 507-a. Placement  and commitment; procedures. 1. Youth may be placed
  in or committed to the custody of the division:
(a) for placement, as a juvenile delinquent  pursuant  to  the  family
  court act; or
(b) for commitment pursuant to the penal law.
2. * (a) Consistent with other provisions of law, only those youth who
  have  reached  the  age  of  seven  but  who have not reached the age of
  twenty-one may be placed in the custody of the office  of  children  and
  family  services.  Except  as  provided  for  in paragraph (a-1) of this
  subdivision, no youth who has reached the age of twenty-one  may  remain
  in custody of the office of children and family services.
* NB  See ch. 59/2017 Pt. WWW § 106 sb b for further contingencies for
  10/1/2019
* (a-1) (i) A youth who is committed to the  office  of  children  and
  family   services   as  a  juvenile  offender  or  a  juvenile  offender
  adjudicated as a youthful offender may remain  in  the  custody  of  the
  office  during  the  period  of  his  or  her sentence beyond the age of
  twenty-one in accordance with the  provisions  of  subdivision  five  of
  section  five  hundred  eight  of  this title but in no event may such a
  youth remain in the custody of the office beyond his or her twenty-third
  birthday; and (ii) a youth found to have committed a designated class  A
  felony act who is restrictively placed with the office under subdivision
  four  of  section 353.5 of the family court act for committing an act on
  or after the youth's sixteenth birthday may remain in the custody of the
  office of children and family services up to the age of twenty-three  in
  accordance with his or her placement order.
* NB  See ch. 59/2017 Pt. WWW § 106 sb b for further contingencies for
  10/1/2019
* (a-2) Whenever it shall appear to the satisfaction of the office  of
  children  and  family services that any youth placed therewith is not of
  proper age to be so placed or is not properly placed, or is mentally  or
  physically incapable of being materially benefited by the program of the
  office,  the  office  shall cause the return of such youth to the county
  from which placement was made.
* NB See ch. 59/2017 Pt. WWW § 106 sb b for further contingencies  for
  10/1/2019
(b)  The  division  shall  deliver  such  youth  to the custody of the
  placing court, along with the records provided to the division  pursuant
  to  section five hundred seven-b of this article, there to be dealt with
  by the court in all respects as though no placement had been made.
(c) The cost and expense of the care and return of such youth incurred
  by the division shall be reimbursed to the state by the social  services
  district  from  which  such  youth  was placed in the manner provided by
  section five hundred twenty-nine of this article.
3. The  division  may  photograph  any  youth  in  its  custody.  Such
  photograph  may  be used only for the purpose of assisting in the return
  of conditionally released children and runaways pursuant to section five
  hundred ten-b of  this  article.  Such  photograph  shall  be  destroyed
  immediately upon the discharge of the youth from division custody.
4.  (a)  A  youth  placed  with  or  committed  to  the  division may,
  immediately  following  placement  or  commitment,  be  remanded  to  an
  appropriate detention facility.
* (b)  The  office of children and family services shall admit a child
  placed with the office to a facility of the office within  fifteen  days
  of  the date of the order of placement with the office and shall admit a
  juvenile offender, youthful offender or adolescent offender committed to
  the office to a facility of the office within ten days of  the  date  of

  the  order  of  commitment  to the office, except as provided in section
  five hundred seven-b of this article.
* NB  See ch. 59/2017 Pt. WWW § 106 sb b for further contingencies for
  10/1/2019
* 5. Consistent with other provisions of law, in the discretion of the
  commissioner of the office of children and family services, youth placed
  within the office under the family court  act  who  attain  the  age  of
  eighteen  while  in  custody  of  the office and who are not required to
  remain in the placement with the office as a result of  a  dispositional
  order  of the family court may reside in a non-secure facility until the
  age  of  twenty-one,  provided  that  such  youth  attend  a   full-time
  vocational  or  educational  program and are likely to benefit from such
  program.
* NB See ch. 59/2017 Pt. WWW § 106 sb b for further contingencies  for
  10/1/2019