N.Y. Fam. Ct. Act § 756

§ 756. Placement. (a) (i) For purposes of section seven hundred\nfifty-four, the court may place the child in its own home or in the\ncustody of a suitable relative or other suitable private person or a\ncommissioner of social services, subject to the orders of the court.\n (ii) Where the child is placed with the commissioner of the local\nsocial services district, the court may direct the commissioner to place\nthe child 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 child:\n (1) 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 seven hundred sixty-two or seven hundred sixty-three; or\n (2) the commissioner shall return the child to the family court for a\nnew dispositional hearing and order.\n (b) Placements under this section may be for an initial period of\ntwelve months. The court may extend a placement pursuant to section\nseven hundred fifty-six-a. In its discretion, the court may recommend\nrestitution or require services for public good pursuant to section\nseven hundred fifty-eight-a in conjunction with an order of placement.\nFor the purposes of calculating the initial period of placement, such\nplacement shall be deemed to have commenced sixty days after the date\nthe child was removed from his or her home in accordance with the\nprovisions of this article. If the respondent has been in detention\npending disposition, the initial period of placement ordered under this\nsection shall be credited with and diminished by the amount of time\nspent by the respondent in detention prior to the commencement of the\nplacement unless the court finds that all or part of such credit would\nnot serve the best interests of the respondent.\n (c) A placement pursuant to this section with the commissioner of\nsocial services shall not be directed in any detention facility, but the\ncourt may direct detention pending transfer to a placement authorized\nand ordered under this section for no more than than fifteen days after\nsuch order of placement is made. Such direction shall be subject to\nextension pursuant to subdivision three of section three hundred\nninety-eight of the social services law, upon written documentation to\nthe office of children and family services that the youth is in need of\nspecialized treatment or placement and the diligent efforts by the\ncommissioner of social services to locate an appropriate placement.\n