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N.Y. Fam. Ct. Act § 304.1

Detention

Redline — January 1, 2018 → current.View current text →
Current — January 1, 2024
As of January 1, 2018
* § 304.1. Detention. 1. A facility certified by the state division\nfor youth as a juvenile facility must be operated in conformity with the\nregulations of the state division for youth and shall be subject to the\nvisitation and inspection of the state board of social welfare.\n 2. No child to whom the provisions of this article may apply shall be\ndetained in any prison, jail, lockup, or other place used for adults\nconvicted of crime or under arrest and charged with crime without the\napproval of the state division for youth in the case of each child and\nthe statement of its reasons therefor. The state division for youth\nshall promulgate and publish the rules which it shall apply in\ndetermining whether approval should be granted pursuant to this\nsubdivision.\n 3. The detention of a child under ten years of age in a secure\ndetention facility shall not be directed under any of the provisions of\nthis article.\n 4. A detention facility which receives a child under subdivision four\nof section 305.2 shall immediately notify the child's parent or other\nperson legally responsible for his care or, if such legally responsible\nperson is unavailable the person with whom the child resides, that he\nhas been placed in detention.\n * NB Effective until October 1, 2018\n * § 304.1. Detention. 1. A facility certified by the office of\nchildren and family services as a juvenile detention facility must be\noperated in conformity with the regulations of the office of children\nand family services.\n 2. No child to whom the provisions of this article may apply shall be\ndetained in any prison, jail, lockup, or other place used for adults\nconvicted of crime or under arrest and charged with crime without the\napproval of the office of children and family services in the case of\neach child and the statement of its reasons therefor. The office of\nchildren and family services shall promulgate and publish the rules\nwhich it shall apply in determining whether approval should be granted\npursuant to this subdivision.\n 3. The detention of a child under ten years of age in a secure\ndetention facility shall not be directed under any of the provisions of\nthis article.\n 4. A detention facility which receives a child under subdivision four\nof section 305.2 of this part shall immediately notify the child's\nparent or other person legally responsible for his or her care or, if\nsuch legally responsible person is unavailable the person with whom the\nchild resides, that he or she has been placed in detention.\n * NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW § 106 sb b for\nfurther contingencies for 10/1/2019\n
§ 304.1. Detention. 1. A facility certified by the office of children\nand family services as a juvenile detention facility must be operated in\nconformity with the regulations of the office of children and family\nservices.\n 2. No child to whom the provisions of this article may apply shall be\ndetained in any prison, jail, lockup, or other place used for adults\nconvicted of crime or under arrest and charged with crime without the\napproval of the office of children and family services in the case of\neach child and the statement of its reasons therefor. The office of\nchildren and family services shall promulgate and publish the rules\nwhich it shall apply in determining whether approval should be granted\npursuant to this subdivision.\n 3. The detention of a child under thirteen years of age in a secure\ndetention facility shall not be directed, unless such child is at least\nten years old and is considered a juvenile delinquent pursuant to\nsubparagraph (iii) of paragraph (a) of subdivision one of section 301.2\nof this article, nor shall the detention of a child adjudicated solely\nfor an act that would constitute a violation as defined in subdivision\nthree of section 10.00 of the penal law, be directed under any of the\nprovisions of this article.\n 4. A detention facility which receives a child under subdivision four\nof section 305.2 of this part shall immediately notify the child's\nparent or other person legally responsible for his or her care or, if\nsuch legally responsible person is unavailable the person with whom the\nchild resides, that he or she has been placed in detention.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.