N.Y. Fam. Ct. Act § 720

§ 720. Detention. 1. No child to whom the provisions of this article\nmay apply, shall be detained in any prison, jail, lockup, or other place\nused for adults convicted of crime or under arrest and charged with a\ncrime.\n 2. The detention of a child in a secure detention facility shall not\nbe directed under any of the provisions of this article.\n 3. Detention of a person alleged to be or adjudicated as a person in\nneed of supervision shall, except as provided in subdivision four of\nthis section, be authorized only in a foster care program certified by\nthe office of children and family services, or a certified or approved\nfamily boarding home, or a non-secure detention facility certified by\nthe office and in accordance with section seven hundred thirty-nine of\nthis article. The setting of the detention shall take into account (a)\nthe proximity to the community in which the person alleged to be or\nadjudicated as a person in need of supervision lives with such person's\nparents or to which such person will be discharged, and (b) the existing\neducational setting of such person and the proximity of such setting to\nthe location of the detention setting.\n 4. Whenever detention is authorized and ordered pursuant to this\narticle, for a person alleged to be or adjudicated as a person in need\nof supervision, a family court in a city having a population of one\nmillion or more shall, notwithstanding any other provision of law,\ndirect detention in a foster care facility established and maintained\npursuant to the social services law. In all other respects, the\ndetention of such a person in a foster care facility shall be subject to\nthe identical terms and conditions for detention as are set forth in\nthis article and in section two hundred thirty-five of this act.\n 5. (a) The court shall not order or direct detention under this\narticle, unless the court determines that there is no substantial\nlikelihood that the youth and his or her family will continue to benefit\nfrom diversion services and that all available alternatives to detention\nhave been exhausted; and\n (b) Where the youth is sixteen years of age or older, the court shall\nnot order or direct detention under this article, unless the court\ndetermines and states in its order that special circumstances exist to\nwarrant such detention.\n (c) If the respondent may be a sexually exploited child as defined in\nsubdivision one of section four hundred forty-seven-a of the social\nservices law, the court may direct the respondent to an available\nshort-term safe house as defined in subdivision two of section four\nhundred forty-seven-a of the social services law as an alternative to\ndetention.\n