N.Y. Fam. Ct. Act § 353.3

§ 353.3 Placement. 1. In accordance with section 352.2 of this part,\nthe court may place the respondent in his or her own home or in the\ncustody of a suitable relative or other suitable private person or the\ncommissioner of the local social services district or the office of\nchildren and family services pursuant to article nineteen-G of the\nexecutive law, subject to the orders of the court.\n 2. * Where the respondent is placed with the commissioner of the local\nsocial services district, the court may (i) in a social services\ndistrict operating an approved juvenile justice services close to home\ninitiative pursuant to section four hundred four of the social services\nlaw, direct the commissioner to provide services necessary to meet the\nneeds of the respondent, provided that such services are authorized or\nrequired to be made available pursuant to the approved plan to implement\na juvenile justice close to home initiative then in effect and the\ncommissioner shall notify the court and the attorney for the respondent\nof the authorized agency that such respondent was placed in; or (ii) in\na social services district that is not operating an approved juvenile\njustice services close to home initiative pursuant to section four\nhundred four of the social services law, direct the commissioner to\nplace him or her with an authorized agency or class of authorized\nagencies,; and if the court finds that the respondent placed with a\nsocial services district pursuant to this subdivision is a sexually\nexploited child as defined in subdivision one of section four hundred\nforty-seven-a of the social services law, the court may place such\nrespondent in an available long-term safe house. Unless the\ndispositional order provides otherwise, the court so directing shall\ninclude one of the following alternatives to apply in the event that the\ncommissioner is unable to so place the respondent:\n * NB Effective until March 31, 2028\n * Where the respondent is placed with the commissioner of the local\nsocial services district, the court may direct the commissioner to place\nhim or her with an authorized agency or class of authorized agencies,\nincluding, if the court finds that the respondent is a sexually\nexploited child as defined in subdivision one of section four hundred\nforty-seven-a of the social services law, an available long-term safe\nhouse. Unless the dispositional order provides otherwise, the court so\ndirecting shall include one of the following alternatives to apply in\nthe event that the commissioner is unable to so place the respondent:\n * NB Effective March 31, 2028\n (a) the commissioner shall apply to the court for an order to stay,\nmodify, set aside, or vacate such directive pursuant to the provisions\nof section 355.1 of this part; or\n (b) the commissioner shall return the respondent to the family court\nfor a new dispositional hearing and order.\n * 2-a. Notwithstanding any inconsistent provision of law to the\ncontrary, and pursuant to subdivision two of this section in a district\noperating an approved juvenile justice services close to home initiative\npursuant to section four hundred four of the social services law:\n (a) beginning on the effective date of the district's approved plan\nthat only covers juvenile delinquents placed in non-secure settings, the\ncourt may only place the respondent:\n (i) in the custody of the commissioner of the local social services\ndistrict for placement in a non-secure level of care; or\n (ii) in the custody of the commissioner of the office of children and\nfamily services for placement in a limited secure or secure level of\ncare; and\n (b) beginning on the effective date of the district's approved plan to\nimplement programs for youth placed in limited secure settings, the\ncourt may only place the respondent:\n (i) in the custody of the commissioner of the local social services\ndistrict for placement in:\n (A) a non-secure level of care;\n (B) a limited secure level of care; or\n (C) either a non-secure or limited secure level of care, as determined\nby such commissioner; or\n (ii) in the custody of the commissioner of the office of children and\nfamily services for placement in a secure level of care.\n * NB Repealed March 31, 2028\n 3. Where the respondent is placed with the office of children and\nfamily services, the court shall, unless it directs the office to place\nhim or her with an authorized agency or class of authorized agencies,\nincluding if the court finds that the respondent is a sexually exploited\nchild as defined in subdivision one of section four hundred\nforty-seven-a of the social services law, an available long-term safe\nhouse pursuant to subdivision four of this section, authorize the office\nto do one of the following:\n (a) place the respondent in a secure facility without a further\nhearing at any time or from time to time during the first sixty days of\nresidency in office of children and family services facilities.\nNotwithstanding the discretion of the office to place the respondent in\na secure facility at any time during the first sixty days of residency\nin a office of children and family services facility, the respondent may\nbe placed in a non-secure facility. In the event that the office desires\nto transfer a respondent to a secure facility at any time after the\nfirst sixty days of residency in office facilities, a hearing shall be\nheld pursuant to subdivision three of section five hundred four-a of the\nexecutive law; or\n (b) place the respondent in a limited secure facility. The respondent\nmay be transferred by the office to a secure facility after a hearing is\nheld pursuant to section five hundred four-a of the executive law;\nprovided, however, that during the first twenty days of residency in\noffice facilities, the respondent shall not be transferred to a secure\nfacility unless the respondent has committed an act or acts which are\nexceptionally dangerous to the respondent or to others; or\n (c) place the respondent in a non-secure facility. No respondent\nplaced pursuant to this paragraph may be transferred by the office of\nchildren and family services to a secure facility.\n 4. Where the respondent is placed with the office of children and\nfamily services, the court may direct the office to place the respondent\nwith an authorized agency or class of authorized agencies, including, if\nthe court finds that the respondent is a sexually exploited child as\ndefined in subdivision one of section four hundred forty-seven-a of the\nsocial services law, an available long-term safe house, and in the event\nthe office is unable to so place the respondent or, discontinues the\nplacement with the authorized agency, the respondent shall be deemed to\nhave been placed with the office pursuant to paragraph (b) or (c) of\nsubdivision three of this section. In such cases, the office shall\nnotify the court, presentment agency, respondent's attorney and parent\nor other person responsible for the respondent's care, of the reason for\ndiscontinuing the placement with the authorized agency and the level and\nlocation of the youth's placement.\n 5. If the respondent has committed a felony the initial period of\nplacement shall not exceed eighteen months. If the respondent has\ncommitted a misdemeanor such initial period of placement shall not\nexceed twelve months. If the respondent has been in detention pending\ndisposition, the initial period of placement ordered under this section\nshall be credited with and diminished by the amount of time spent by the\nrespondent in detention prior to the commencement of the placement\nunless the court finds that all or part of such credit would not serve\nthe needs and best interests of the respondent or the need for\nprotection of the community.\n 6. The court may at any time conduct a hearing in accordance with\nsection 355.1 of this part concerning the need for continuing a\nplacement.\n 7. The place in which or the person with whom the respondent has been\nplaced under this section shall submit a report to the court,\nrespondent's attorney of record, and presentment agency at the\nconclusion of the placement period, except as provided in paragraphs (a)\nand (b) of this subdivision. Such report shall include recommendations\nand such supporting data as is appropriate. The court may extend a\nplacement pursuant to section 355.3 of this part.\n (a) Where the respondent is placed pursuant to subdivision two or\nthree of this section and where the agency is not seeking an extension\nof the placement pursuant to section 355.3 of this part, such report\nshall be submitted not later than thirty days prior to the conclusion of\nthe placement.\n (b) Where the respondent is placed pursuant to subdivision two or\nthree of this section and where the agency is seeking an extension of\nthe placement pursuant to section 355.3 of this part and a permanency\nhearing pursuant to section 355.5 of this part, such report shall be\nsubmitted not later than sixty days prior to the date on which the\npermanency hearing must be held and shall be annexed to the petition for\na permanency hearing and extension of placement.\n (c) Where the respondent is placed pursuant to subdivision two or\nthree of this section, such report shall contain a plan for the release,\nor conditional release (pursuant to section five hundred ten-a of the\nexecutive law), of the respondent to the custody of his or her parent or\nother person legally responsible, or to another permanency alternative\nas provided in paragraph (d) of subdivision seven of section 355.5 of\nthis part. If the respondent is subject to article sixty-five of the\neducation law or elects to participate in an educational program leading\nto a high school diploma, such plan shall include, but not be limited\nto, the steps that the agency with which the respondent is placed has\ntaken and will be taking to facilitate the enrollment of the respondent\nin a school or educational program leading to a high school diploma\nfollowing release, or, if such release occurs during the summer recess,\nupon the commencement of the next school term. If the respondent is not\nsubject to article sixty-five of the education law and does not elect to\nparticipate in an educational program leading to a high school diploma,\nsuch plan shall include, but not be limited to, the steps that the\nagency with which the respondent is placed has taken and will be taking\nto assist the respondent to become gainfully employed or enrolled in a\nvocational program following release.\n 8. In its discretion, the court may recommend restitution or require\nservices for the public good pursuant to section 353.6 of this part in\nconjunction with an order of placement.\n * 9. If the court places a respondent with the office of children and\nfamily services, or with a social services district with an approved\nplan to implement a juvenile justice services close to home initiative\nunder section four hundred four of the social services law, pursuant to\nthis section after finding that such respondent committed a felony, the\ncourt may, in its discretion, further order that such respondent shall\nbe confined in a residential facility for a minimum period set by the\norder, not to exceed six months.\n * NB Effective until March 31, 2028\n * 9. If the court places a respondent with the office of children and\nfamily services pursuant to this section after finding that such child\ncommitted a felony, the court may, in its discretion, further order that\nsuch respondent shall be confined in a residential facility for a\nminimum period set by the order, not to exceed six months.\n * NB Effective March 31, 2028\n 10. A placement pursuant to this section with the commissioner of the\nlocal social services district shall not be directed in any detention\nfacility, but the court may direct detention pending transfer to a\nplacement authorized and ordered under this section for no more than\nthirty days after the order of placement is made or in a city of one\nmillion or more, for no more than fifteen days after such order of\nplacement is made. Such direction shall be subject to extension pursuant\nto subdivision three of section three hundred ninety-eight of the social\nservices law.\n