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OPERATE SECURE, LIMITED SECURE AND NON-SECURE FACILITIES FOR THE CARE,
MAINTENANCE AND SUPERVISION, INCLUDING BUT NOT LIMITED TO THE CARE,
CUSTODY, TREATMENT, HOUSING, EDUCATION, REHABILITATION AND GUIDANCE, OF
YOUTH PLACED WITH THE PLACEMENT AGENCY PURSUANT TO ARTICLE THREE OF THE
FAMILY COURT ACT OR JUVENILE OFFENDERS COMMITTED TO SUCH AGENCY PURSUANT
TO ARTICLE SEVENTY OF THE PENAL LAW.
2. IN OPERATING AND MAINTAINING SUCH FACILITIES, THE PLACEMENT AGENCY
SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
(A) TO ESTABLISH, OPERATE AND MAINTAIN TREATMENT PROGRAMS AND OTHER
SERVICES FOR YOUTH PLACED WITH OR COMMITTED TO THE PLACEMENT AGENCY AND
PROGRAMS FOR THE CARE OF CONDITIONALLY RELEASED YOUTH.
(B) TO ESTABLISH, OPERATE AND MAINTAIN PLACEMENT AGENCY FACILITIES AND
PROGRAMS AND TO ENSURE THAT THE PURPOSES OF EACH FACILITY OR PROGRAM ARE
CARRIED INTO EFFECT.
(C) TO PROMULGATE RULES FOR THE ESTABLISHMENT, OPERATION AND MAINTE-
NANCE OF PLACEMENT AGENCY FACILITIES AND PROGRAMS, INCLUDING RULES
CONCERNING STANDARDS FOR THE PROTECTION OF YOUTH IN RESIDENTIAL FACILI-
TIES AND PROGRAMS OPERATED BY THE PLACEMENT AGENCY.
(D) TO PROMULGATE RULES FOR THE CERTIFICATION OF PERSONS, FIRMS,
CORPORATIONS, NOT-FOR-PROFIT CORPORATIONS AND AUTHORIZED AGENCIES, AS
DEFINED IN SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW,
FOR THE OPERATION AND MAINTENANCE OF SECURE, LIMITED SECURE AND NON-SE-
CURE FACILITIES.
(E) TO ENTER INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION,
NOT-FOR-PROFIT CORPORATION, AUTHORIZED AGENCY AS DEFINED BY SECTION
THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW, THE STATE, MUNICI-
PALITY OR OTHER GOVERNMENTAL AGENCY, INCLUDING, BUT NOT LIMITED TO,
CONTRACTS WITH ANY PERSON, FIRM, CORPORATION, NOT-FOR-PROFIT CORPORATION
OR AUTHORIZED AGENCY CERTIFIED BY THE PLACEMENT AGENCY TO OPERATE AND
MAINTAIN SECURE, LIMITED SECURE OR NON-SECURE FACILITIES.
3. THE PLACEMENT AGENCY SHALL CARRY OUT THE POWERS, FUNCTIONS AND
DUTIES DESCRIBED IN THIS ARTICLE SUBJECT TO THE PROVISIONS OF SECTIONS
FIVE HUNDRED ONE-C, FIVE HUNDRED TWO-A, FIVE HUNDRED THREE-A, FIVE
HUNDRED FOUR-A, FIVE HUNDRED SEVEN-A, EXCEPT FOR PARAGRAPH (C) OF SUBDI-
VISION TWO OF SUCH SECTION, FIVE HUNDRED SEVEN-B, FIVE HUNDRED SEVEN-C,
FIVE HUNDRED SEVEN-D, FIVE HUNDRED EIGHT, FIVE HUNDRED NINE, FIVE
HUNDRED TEN-A, FIVE HUNDRED TEN-B, FIVE HUNDRED TEN-C, FIVE HUNDRED
TWELVE, FIVE HUNDRED TWELVE-A AND FIVE HUNDRED THIRTEEN OF THIS CHAPTER,
PROVIDED THAT WHENEVER THE TERM "DIVISION" OR "OFFICE" IS USED THEREIN,
THEY SHALL BE DEEMED TO MEAN AND TO READ AS THE "PLACEMENT AGENCY". ANY
REFERENCE USED IN SUCH SECTIONS TO "DIVISION OF THE BUDGET" SHALL BE
DEEMED TO MEAN AND TO READ AS "NEW YORK CITY OFFICE OF MANAGEMENT AND
BUDGET".
S 533-B. INTERVENTION AS OF RIGHT; NOTICE. THE PLACEMENT AGENCY,
PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION TEN HUNDRED
TWELVE OF THE CIVIL PRACTICE LAW AND RULES, SHALL BE PERMITTED TO INTER-
VENE IN ANY ACTION INVOLVING AN APPEAL FROM A DECISION OF ANY COURT OF
THIS STATE THAT RELATES TO PROGRAMS, CONDITIONS OR SERVICES PROVIDED BY
THE PLACEMENT AGENCY. WRITTEN NOTICE SHALL BE GIVEN TO THE CORPORATION
COUNSEL OF THE CITY OF NEW YORK AND THE COMMISSIONER OF THE PLACEMENT
AGENCY BY THE PARTY TAKING THE APPEAL.
S 533-C. WARRANTS; ABSENCE WITHOUT OFFICIAL AUTHORIZATIONS (AWOL). 1.
SUBJECT TO THE PROVISIONS OF THIS SECTION, A YOUTH SHALL BE IDENTIFIED
AS AWOL UNDER ONE OR MORE OF THE FOLLOWING CIRCUMSTANCES:
(A) THE YOUTH LEAVES A PLACEMENT AGENCY PROGRAM OR FACILITY OR AUTHOR-
IZED AGENCY PROGRAM OR FACILITY WITHOUT PERMISSION;
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(B) THE YOUTH FAILS TO ARRIVE AT OR RETURN TO A PLACEMENT AGENCY
PROGRAM OR FACILITY OR AUTHORIZED AGENCY PROGRAM OR FACILITY ON AN
ASSIGNED DATE;
(C) THE YOUTH FAILS TO COMPLY WITH STIPULATIONS GOVERNING A HOME
VISIT;
(D) THE YOUTH LEAVES A STAFF MEMBER WHILE ON A COMMUNITY VISIT (MOVIE,
CAMPING, ETC.); OR
(E) WHENEVER A DIRECTOR OF A PLACEMENT AGENCY FACILITY HAS REASON TO
BELIEVE THE YOUTH IS AWOL (AS INDICATED BY THE YOUTH'S FAILURE TO BE IN
ATTENDANCE AT AN ASSIGNED PROGRAM.
(F) A YOUTH SHALL BE CONSIDERED AS AWOL AS SOON AS HIS/HER ABSENCE
(UNDER ONE OR MORE OF THE CIRCUMSTANCES DESCRIBED IN PARAGRAPHS (A)
THROUGH (E) OF THIS SUBDIVISION) IS DISCOVERED.
2. WHEN A YOUTH IS CONSIDERED AWOL, FACILITY PERSONNEL SHALL SEARCH
THE FACILITY GROUNDS AND THE SURROUNDING COMMUNITY IMMEDIATELY AND NOTI-
FY THE LOCAL AND STATE POLICE, THE NEW YORK CITY POLICE DEPARTMENT AND
THE YOUTH'S PARENTS WITHIN FOUR HOURS.
3. A WARRANT SHALL BE REQUESTED AND ISSUED NO LATER THAN TWENTY-FOUR
HOURS AFTER A YOUTH IS AWOL.
(A) THE FAMILY COURT SHALL BE NOTIFIED IN WRITING OF A YOUTH'S AWOL
STATUS NO LATER THAN THREE BUSINESS DAYS AFTER A YOUTH IS CONSIDERED
AWOL.
(B) IN THE CASE OF A YOUTH SCHEDULED FOR A HEARING OR AS A WITNESS IN
A HEARING FOR A COURT APPEARANCE, THE OFFICE OF GENERAL COUNSEL OF THE
PLACEMENT AGENCY SHALL BE NOTIFIED IN WRITING OR BY TELEPHONE AS SOON AS
A YOUTH'S ABSENCE IS DISCOVERED.
(C) OTHER APPROPRIATE PERSONS SHALL BE NOTIFIED OF A YOUTH'S AWOL
STATUS NO LATER THAN TWENTY-FOUR HOURS AFTER A YOUTH IS CONSIDERED AWOL.
4. (A) A WARRANT ON SUCH FORMS AS MAY BE DEVELOPED OR REVISED BY THE
PLACEMENT AGENCY SHALL BE ISSUED ON:
(1) AN ADJUDICATED JUVENILE DELINQUENT WHO IS UNDER THE CARE AND
CUSTODY OF THE PLACEMENT AGENCY;
(2) A YOUTH WHO HAS BEEN PLACED WITH THE PLACEMENT AGENCY AND WHOM
SUCH AGENCY HAS PLACED IN AN AUTHORIZED AGENCY; AND
(3) A YOUTH WHO HAS BEEN PLACED IN THE JURISDICTION OF THE PLACEMENT
AGENCY FOR PLACEMENT IN AN AUTHORIZED AGENCY, PURSUANT TO ORDER OF THE
FAMILY COURT. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRARY,
IN THESE CASES THE PLACEMENT AGENCY SHALL ONLY BE RESPONSIBLE FOR ISSU-
ING THE NECESSARY WARRANTS. THE AUTHORIZED AGENCY WITH WHOM THE YOUTH IS
PLACED SHALL BE RESPONSIBLE FOR FACILITATING THE RETURN TO THE PROGRAM
ONCE AN AWOL YOUTH HAS BEEN FOUND.
(B) A WARRANT SHALL NOT BE ISSUED ON:
(1) A YOUTH WHO HAS COME TO THE PLACEMENT AGENCY AS A VOLUNTARY REFER-
RAL (IN SUCH CASES, THE DIRECTOR OF THE PLACEMENT AGENCY FACILITY SHALL
NOTIFY THE RESPONSIBLE YOUTH SERVICE TEAM, PARENTS, POLICE AND ANY KNOWN
PROBATION OFFICER BY PHONE WITHIN FOUR HOURS, AND IN WRITING WITHIN
TWENTY-FOUR BUSINESS HOURS, OF THE AWOL); AND
(2) A YOUTH WHO IS PLACED WITH OR TRANSFERRED TO THE PLACEMENT AGENCY
AS A CONDITION OF PROBATION AND/OR AS A YOUTHFUL OFFENDER (IN SUCH
CASES, THE PROGRAM OR FACILITY DIRECTOR SHALL NOTIFY THE RESPONSIBLE
YOUTH SERVICE TEAM, PARENTS, POLICE AND ANY KNOWN PROBATION OFFICER BY
PHONE WITHIN FOUR HOURS, AND IN WRITING WITHIN TWENTY-FOUR BUSINESS
HOURS).
5. A WARRANT SHALL BE ISSUED BY A DIRECTOR OF A PLACEMENT AGENCY
FACILITY OR HIS OR HER DESIGNEE IN THE LOCAL COMMUNITY WHEN IT IS
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REASONABLE TO BELIEVE THAT THE YOUTH IS IN THE VICINITY OF THAT FACILI-
TY.
6. SUBJECT TO FURTHER RULES OF THE COMMISSIONER OF THE PLACEMENT AGEN-
CY, AGENCY PERSONNEL SHALL FOLLOW THESE PROCEDURES WHEN ISSUING A
WARRANT:
(A) CALL THE UNIT OR DIVISION WITHIN THE PLACEMENT AGENCY ASSIGNED
WARRANT RESPONSIBILITY;
(B) HAVE THE APPROPRIATE PERSON FILL OUT A PLACEMENT AGENCY WARRANT
FORM; AND
(C) HAVE THE APPROPRIATE PERSONNEL SEND OR TAKE THE WARRANT TO THE
POLICE.
7. (A) IF A YOUTH COMES INTO OR IS BROUGHT TO THE ATTENTION OF THE
PLACEMENT AGENCY OR IS LOCATED AT HOME OR ELSEWHERE BY PLACEMENT AGENCY
PERSONNEL, A YOUTH WHO IS AN ADJUDICATED JUVENILE DELINQUENT SHALL BE
TAKEN PERSONALLY TO THE FACILITY FROM WHICH THE YOUTH ABSCONDED.
(B) IF A YOUTH IS FOUND BY THE POLICE OR PLACEMENT AGENCY PERSONNEL:
(1) THE DIRECTOR OF THE FACILITY OR PROGRAM FROM WHICH THE YOUTH WAS
AWOL SHALL BE NOTIFIED IMMEDIATELY;
(2) A YOUTH WHO IS AN ADJUDICATED JUVENILE DELINQUENT AND PLACED IN A
LIMITED SECURE FACILITY OR VOLUNTARY AGENCY SHALL BE TAKEN TO THE LOCAL
DETENTION CENTER OR TO THE FACILITY, IF POSSIBLE. IF THE YOUTH IS FOUND
IN AN AREA WHICH IS REMOTE FROM A DETENTION CENTER OR THE FACILITY, THE
FACILITY DIRECTOR SHALL BE CONTACTED. THE FACILITY DIRECTOR SHALL MAKE
ARRANGEMENTS TO PICK UP THE YOUTH; AND
(3) A YOUTH WHO IS AN ADJUDICATED JUVENILE DELINQUENT AND PLACED IN A
NON-SECURE FACILITY OR VOLUNTARY AGENCY SHALL BE TAKEN INTO THE CUSTODY
OF THE PLACEMENT AGENCY SO THAT ARRANGEMENTS MAY BE MADE FOR THE RETURN
OF THE YOUTH TO THE FACILITY FROM WHICH HE OR SHE ABSCONDED. WHENEVER
THE YOUTH SERVICE TEAM OFFICE IS CLOSED, THESE YOUTH SHALL BE TAKEN TO
THE PLACE DESIGNATED BY THE PLACEMENT AGENCY FOR THE HANDLING OF EMER-
GENCIES DURING TIMES IN WHICH OFFICES ARE CLOSED.
(C) AFTER A YOUTH HAS BEEN FOUND, WARRANTS SHALL BE WITHDRAWN FROM THE
LOCAL OR STATE POLICE OFFICES IN WHICH THEY WERE FILED.
8. THE PLACEMENT AGENCY SHALL KEEP RECORDS OF ALL WARRANTS ISSUED AND
THE STATUS OF THOSE WARRANTS. THESE RECORDS SHALL BE AVAILABLE FOR
REVIEW AT ANY TIME.
9. ALL WARRANTS ISSUED BY PLACEMENT AGENCY PERSONNEL SHALL BE DELIV-
ERED TO THE NEW YORK CITY POLICE DEPARTMENT FOR EXECUTION.
S 2. Section 529 of the executive law is amended by adding a new
subdivision 3 to read as follows:
3. EXPENDITURES MADE BY THE PLACEMENT AGENCY DESCRIBED IN ARTICLE
NINETEEN-I OF THIS CHAPTER FOR CARE, MAINTENANCE AND SUPERVISION
FURNISHED ADJUDICATED JUVENILE DELINQUENTS OR JUVENILE OFFENDERS,
INCLUDING EXPENDITURES FOR SERVICES PROVIDED BY AUTHORIZED AGENCIES THAT
ARE CERTIFIED BY SUCH PLACEMENT AGENCY FOR THE PERFORMANCE OF SUCH FUNC-
TIONS, SHALL BE SUBJECT TO REIMBURSEMENT BY THE STATE, UPON APPROVAL BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES AND IN ACCORDANCE WITH ITS
REGULATIONS, AS FOLLOWS:
(A) THE FULL AMOUNT EXPENDED BY THE PLACEMENT AGENCY FOR CARE, MAINTE-
NANCE AND SUPERVISION OF STATE CHARGES;
(B) FIFTY PERCENT OF THE AMOUNT EXPENDED BY THE PLACEMENT AGENCY FOR
THE CARE, MAINTENANCE AND SUPERVISION OF LOCAL CHARGES.
S 3. Paragraph (b) of subdivision 2 of section 352.2 of the family
court act, as amended by chapter 145 of the laws of 2000, is amended to
read as follows:
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(b) In an order of disposition entered pursuant to section 353.3 or
353.4 of this chapter, or where the court has determined pursuant to
section 353.5 of this chapter that restrictive placement is not
required, which order places the respondent with the commissioner of
social services or with the office of children and family services OR
WITH THE PLACEMENT AGENCY DESCRIBED IN ARTICLE NINETEEN-I OF THE EXECU-
TIVE LAW for placement with an authorized agency or class of authorized
agencies or in such facilities designated by the office of children and
family services as are eligible for federal reimbursement pursuant to
title IV-E of the social security act, the court in its order shall
determine (i) that continuation in the respondent's home would be
contrary to the best interests of the respondent; or in the case of a
respondent for whom the court has determined that continuation in his or
her home would not be contrary to the best interests of the respondent,
that continuation in the respondent's home would be contrary to the need
for protection of the community; (ii) that where appropriate, and where
consistent with the need for protection of the community, reasonable
efforts were made prior to the date of the dispositional hearing to
prevent or eliminate the need for removal of the respondent from his or
her home, or if the child was removed from his or her home prior to the
dispositional hearing, where appropriate and where consistent with the
need for safety of the community, whether reasonable efforts were made
to make it possible for the child to safely return home. If the court
determines that reasonable efforts to prevent or eliminate the need for
removal of the child from the home were not made but that the lack of
such efforts was appropriate under the circumstances, or consistent with
the need for protection of the community, or both, the court order shall
include such a finding; and (iii) in the case of a child who has
attained the age of sixteen, the services needed, if any, to assist the
child to make the transition from foster care to independent living.
S 4. Paragraph (h) of subdivision 2 of section 353.2 of the family
court act, as amended by chapter 124 of the laws of 1993, is amended to
read as follows:
(h) comply with such other reasonable conditions as the court shall
determine to be necessary or appropriate to ameliorate the conduct which
gave rise to the filing of the petition or to prevent placement with the
commissioner of social services, THE PLACEMENT AGENCY DESCRIBED IN ARTI-
CLE NINETEEN-I OF THE EXECUTIVE LAW or the division for youth.
S 5. Paragraph (f) of subdivision 3 of section 353.2 of the family
court act, as amended by chapter 465 of the laws of 1992, is amended to
read as follows:
(f) with the consent of the division for youth, spend a specified
portion of the probation period, not exceeding one year, in a non-secure
facility provided by the division for youth pursuant to article nine-
teen-G of the executive law OR BY THE PLACEMENT AGENCY OF THE CITY OF
NEW YORK PURSUANT TO ARTICLE NINETEEN-I OF SUCH LAW.
S 6. Subdivisions 1 and 9 of section 353.3 of the family court act, as
amended by section 6 of part G of chapter 58 of the laws of 2010, are
amended and two new subdivisions 3-a and 3-b are added to read as
follows:
1. In accordance with section 352.2 of this part, the court may place
the respondent in his or her own home or in the custody of a suitable
relative or other suitable private person or the commissioner of the
local social services district or the office of children and family
services pursuant to article nineteen-G of the executive law OR THE
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PLACEMENT AGENCY OF THE CITY OF NEW YORK PURSUANT TO ARTICLE NINETEEN-I
OF SUCH LAW, subject to the orders of the court.
3-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN
ANY COURT WITHIN THE CITY OF NEW YORK HAS DETERMINED THAT A RESPONDENT
SHALL BE PLACED WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN LIEU
OF SUCH PLACEMENT THE COURT SHALL PLACE SUCH RESPONDENT WITH THE PLACE-
MENT AGENCY OF THE CITY OF NEW YORK SUBJECT TO THE PROVISIONS OF THIS
ARTICLE AND ARTICLE NINETEEN-I OF THE EXECUTIVE LAW. WHERE THE RESPOND-
ENT IS PLACED WITH SUCH PLACEMENT AGENCY PURSUANT TO THIS SUBDIVISION,
THE COURT SHALL, UNLESS IT DIRECTS THE PLACEMENT AGENCY TO PLACE HIM OR
HER WITH AN AUTHORIZED AGENCY OR CLASS OF AUTHORIZED AGENCIES PURSUANT
TO SECTION THREE-B OF THIS SECTION, AUTHORIZE THE PLACEMENT AGENCY TO DO
ONE OF THE FOLLOWING:
(A) PLACE THE RESPONDENT IN A SECURE FACILITY WITHOUT A FURTHER HEAR-
ING AT ANY TIME OR FROM TIME TO TIME DURING THE FIRST SIXTY DAYS OF
RESIDENCY IN PLACEMENT AGENCY FACILITIES. NOTWITHSTANDING THE DISCRETION
OF THE PLACEMENT AGENCY TO PLACE THE RESPONDENT IN A SECURE FACILITY AT
ANY TIME DURING THE FIRST SIXTY DAYS OF RESIDENCY IN A PLACEMENT AGENCY
FACILITY, THE RESPONDENT MAY BE PLACED IN A NON-SECURE FACILITY. IN THE
EVENT THAT THE PLACEMENT AGENCY DESIRES TO TRANSFER A RESPONDENT TO A
SECURE FACILITY AT ANY TIME AFTER THE FIRST SIXTY DAYS OF RESIDENCY IN
PLACEMENT AGENCY FACILITIES, A HEARING SHALL BE HELD PURSUANT TO SUBDI-
VISION THREE OF SECTION FIVE HUNDRED FOUR-A OF THE EXECUTIVE LAW,
PROVIDED THAT THE HEARING DESCRIBED IN SUCH SECTION SHALL BE CONDUCTED
BY THE PLACEMENT AGENCY SUBJECT TO ITS RULES AND THE APPROVAL DESCRIBED
THEREIN MAY BE ISSUED BY THE COMMISSIONER OF SUCH PLACEMENT AGENCY OR
HIS OR HER DESIGNEE; OR
(B) PLACE THE RESPONDENT IN A LIMITED SECURE FACILITY. THE RESPONDENT
MAY BE TRANSFERRED BY THE PLACEMENT AGENCY TO A SECURE FACILITY AFTER A
HEARING IS HELD PURSUANT TO SECTION FIVE HUNDRED FOUR-A OF THE EXECUTIVE
LAW, PROVIDED THAT THE HEARING DESCRIBED IN SUCH SECTION SHALL BE
CONDUCTED BY THE PLACEMENT AGENCY SUBJECT TO ITS RULES AND THE APPROVAL
DESCRIBED THEREIN MAY BE ISSUED BY THE COMMISSIONER OF SUCH PLACEMENT
AGENCY OR HIS OR HER DESIGNEE; AND PROVIDED FURTHER, HOWEVER, THAT
DURING THE FIRST TWENTY DAYS OF RESIDENCY IN PLACEMENT AGENCY FACILI-
TIES, THE RESPONDENT SHALL NOT BE TRANSFERRED TO A SECURE FACILITY
UNLESS THE RESPONDENT HAS COMMITTED AN ACT OR ACTS WHICH ARE EXCEP-
TIONALLY DANGEROUS TO THE RESPONDENT OR TO OTHERS; OR
(C) PLACE A RESPONDENT IN A NON-SECURE FACILITY. NO RESPONDENT PLACED
PURSUANT TO THIS PARAGRAPH MAY BE TRANSFERRED BY THE PLACEMENT AGENCY TO
A SECURE FACILITY.
3-B. WHERE THE RESPONDENT IS PLACED WITH THE PLACEMENT AGENCY, THE
COURT MAY DIRECT THE PLACEMENT AGENCY TO PLACE THE RESPONDENT WITH AN
AUTHORIZED AGENCY OR CLASS OF AUTHORIZED AGENCIES, OR OTHER AGENCY
CERTIFIED BY THE PLACEMENT AGENCY FOR PLACEMENT, AND IN THE EVENT THE
PLACEMENT AGENCY IS UNABLE TO SO PLACE THE RESPONDENT, OR DISCONTINUES
THE PLACEMENT WITH THE AUTHORIZED AGENCY, THE RESPONDENT SHALL BE DEEMED
TO HAVE BEEN PLACED WITH THE PLACEMENT AGENCY PURSUANT TO PARAGRAPH (B)
OR (C) OF SUBDIVISION THREE-A OF THIS SECTION. IN SUCH CASES, THE PLACE-
MENT AGENCY SHALL NOTIFY THE COURT, PRESENTMENT AGENCY, LAW GUARDIAN AND
PARENT OR OTHER PERSON RESPONSIBLE FOR THE RESPONDENT'S CARE, OF THE
REASON FOR DISCONTINUING THE PLACEMENT WITH THE AUTHORIZED AGENCY AND
THE LEVEL AND LOCATION OF THE YOUTH'S PLACEMENT.
9. If the court places a respondent with the office of children and
family services OR THE PLACEMENT AGENCY OF THE CITY OF NEW YORK pursuant
to this section after finding that such child committed a felony, the
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court may, in its discretion, further order that such respondent shall
be confined in a residential facility for a minimum period set by the
order, not to exceed six months.
S 7. Section 353.4 of the family court act is amended by adding a new
subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
DISPOSITIONAL ORDERS ENTERED BY THE COURTS WITHIN THE CITY OF NEW YORK,
UPON PLACEMENT WITH THE PLACEMENT AGENCY OF THE CITY OF NEW YORK PURSU-
ANT TO SUBDIVISION THREE-A OR THREE-B OF SECTION 353.3 OF THIS CHAPTER,
ALL POWERS, DUTIES AND FUNCTIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES DESCRIBED IN THIS SECTION SHALL BE CARRIED OUT BY SUCH PLACE-
MENT AGENCY AND SUCH PLACEMENT AGENCY SHALL BE AUTHORIZED TO TAKE ANY
ACTIONS SUCH OFFICE IS AUTHORIZED TO TAKE PURSUANT TO THIS SECTION.
S 8. Section 353.5 of the family court act is amended by adding a new
subdivision 9 to read as follows:
9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
DISPOSITIONAL ORDERS ENTERED BY COURTS WITHIN THE CITY OF NEW YORK, THE
RESTRICTIVE PLACEMENTS DESCRIBED IN THIS SECTION SHALL BE MADE WITH THE
PLACEMENT AGENCY OF THE CITY OF NEW YORK, SUBJECT TO THE PROVISIONS OF
THIS SECTION, ORDERS OF THE COURT AND THE PROVISIONS OF ARTICLE NINE-
TEEN-I OF THE EXECUTIVE LAW. UPON SUCH PLACEMENT, ALL POWERS, DUTIES AND
FUNCTIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES DESCRIBED IN
THIS SECTION SHALL BE CARRIED OUT BY SUCH PLACEMENT AGENCY. SUCH PLACE-
MENT AGENCY SHALL BE AUTHORIZED TO TAKE ANY ACTIONS THAT SUCH OFFICE IS
AUTHORIZED TO TAKE PURSUANT TO THIS SECTION.
S 9. The family court act is amended by adding a new section 355.6 to
read as follows:
S 355.6. CERTAIN DISPOSITIONAL PROCEDURES IN THE COURTS WITHIN THE
CITY OF NEW YORK. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, FOR DISPOSITIONAL ORDERS ENTERED BY COURTS WITHIN THE CITY OF
NEW YORK PLACING RESPONDENTS WITH THE PLACEMENT AGENCY OF THE CITY OF
NEW YORK PURSUANT TO SUBDIVISION THREE-A OR THREE-B OF SECTION 353.3 OR
SECTION 353.5 OF THIS ARTICLE, ALL POWERS, FUNCTIONS AND DUTIES OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES DESCRIBED IN SECTIONS 355.1,
355.2, 355.3, 355.4 AND 355.5 OF THIS ARTICLE SHALL BE CARRIED OUT BY
SUCH PLACEMENT AGENCY. SUCH PLACEMENT AGENCY SHALL BE AUTHORIZED TO TAKE
ANY ACTIONS THAT SUCH OFFICE IS AUTHORIZED TO TAKE PURSUANT TO SUCH
SECTIONS.
S 10. Paragraphs (a), (b), (c) and (d) of subdivision 4 of section
70.20 of the penal law, as amended by section 124 of subpart B of part C
of chapter 62 of the laws of 2011, are amended to read as follows:
(a) Notwithstanding any other provision of law to the contrary, a
juvenile offender, or a juvenile offender who is adjudicated a youthful
offender and given an indeterminate or a definite sentence, shall be
committed to the custody of the commissioner of the office of children
and family services OR, IN THE CASE OF COMMITMENTS MADE BY COURTS OF THE
CITY OF NEW YORK, TO THE CUSTODY OF THE PLACEMENT AGENCY OF THE CITY OF
NEW YORK who shall arrange for the confinement of such offender in
secure facilities of the office OR PLACEMENT AGENCY. The release or
transfer of such offenders from the office of children and family
services shall be governed by section five hundred eight of the execu-
tive law AND THE RELEASE OR TRANSFER OF SUCH OFFENDERS FROM SUCH PLACE-
MENT AGENCY SHALL BE GOVERNED BY ARTICLE NINETEEN-I OF SUCH LAW.
(b) The court in committing a juvenile offender and youthful offender
to the custody of the office of children and family services OR THE
PLACEMENT AGENCY OF THE CITY OF NEW YORK shall inquire as to whether the
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parents or legal guardian of the youth, if present, will consent for the
office of children and family services OR PLACEMENT AGENCY to provide
routine medical, dental and mental health services and treatment.
(c) Notwithstanding paragraph (b) of this subdivision, where the court
commits an offender to the custody of the office of children and family
services OR THE PLACEMENT AGENCY OF THE CITY OF NEW YORK in accordance
with this section and no medical consent has been obtained prior to said
commitment, the commitment order shall be deemed to grant consent for
the office of children and family services OR SUCH PLACEMENT AGENCY to
provide for routine medical, dental and mental health services and
treatment to the offender so committed.
(d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an offender who is not yet eighteen years of age from making a
motion on notice to the office of children and family services OR SUCH
PLACEMENT AGENCY pursuant to article twenty-two of the civil practice
law and rules objecting to routine medical, dental or mental health
services and treatment being provided to such offender under the
provisions of paragraph (b) of this subdivision.
S 11. Section 4005 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN THE
CASES OF CHILDREN PLACED WITH THE PLACEMENT AGENCY OF THE CITY OF NEW
YORK PURSUANT TO SUBDIVISIONS THREE-A OR THREE-B OF SECTION 353.3 OR
SECTION 353.5 OF THE FAMILY COURT ACT, ALL OF THE POWERS, FUNCTIONS AND
DUTIES OF THE OFFICE OF CHILDREN AND FAMILY SERVICES DESCRIBED IN THIS
SECTION SHALL BE CARRIED OUT BY SUCH PLACEMENT AGENCY. SUCH PLACEMENT
AGENCY SHALL BE AUTHORIZED TO TAKE ANY ACTIONS THE OFFICE IS AUTHORIZED
TO TAKE PURSUANT TO THIS SECTION.
S 12. Paragraph (a) of subdivision 2 of section 153-k of the social
services law, as added by section 15 of part C of chapter 83 of the laws
of 2002, is amended to read as follows:
(a) Notwithstanding the provisions of this chapter or of any other law
to the contrary, eligible expenditures by a social services district for
foster care services shall be subject to reimbursement with state funds
only to the extent of annual appropriations to the state foster care
block grant. Such foster care services shall include expenditures for
the provision and administration of: care, maintenance, supervision and
tuition; AND supervision of foster children placed in federally funded
job corps programs[; and care, maintenance, supervision and tuition for
adjudicated juvenile delinquents and persons in need of supervision
placed in residential programs operated by authorized agencies and in
out-of-state residential programs]. Social services districts must
develop and implement children and family services delivery systems that
are designed to reduce the need for and the length of foster care place-
ments and must document their efforts in the multi-year consolidated
services plan and the annual implementation reports submitted pursuant
to section thirty-four-a of this chapter.
S 13. (a) Notwithstanding the provisions of paragraph (c) of subdivi-
sion 15 of section 501 of the executive law, or any other law to the
contrary, the commissioner of the office of children and family services
is authorized to close facilities operated by the office of children and
family services, and make significant service reductions, public employ-
ee staffing reductions and/or transfer operations to a private or not-
for-profit entity according to this section as shall be determined by
the commissioner to be necessary for the cost-effective and efficient
operation of such facilities.
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(b) At least sixty days prior to the anticipated closure of any such
facility, or any significant service reductions, public employee staff-
ing reductions and/or transfer of operations to a private or not-for-
profit entity, the commissioner of the office of children and family
services shall provide notice of such action to the speaker of the
assembly and the temporary president of the senate and shall post such
notice upon its public website. The commissioner shall be authorized to
conduct any and all preparatory actions which may be required to effec-
tuate such closures or significant service or staffing reductions or
transfers of operations during such sixty day period. In assessing which
of such facilities to close, or at which to implement any significant
service reductions, public employee staffing reductions and/or transfer
of operations to a private or not-for-profit entity, the commissioner
shall consider the following factors: (1) ability to provide a safe,
humane and therapeutic environment for placed youth; (2) ability to meet
the educational, mental health, substance abuse and behavioral health
treatment needs of placed youth; (3) community networks and partnerships
that promote the social, mental, economic and behavioral development of
placed youth; (4) future capacity requirements for the effective opera-
tion of youth facilities; (5) the physical characteristics, condition
and costs of operation of the facility; and (6) the location of the
facility in regards to costs and ease of transportation for the placed
youth and their families.
(c) Any transfers of capacity or any resulting transfer of functions
shall be authorized to be made by the commissioner of the office of
children and family services and any transfer of personnel upon such
transfer of capacity or transfer of functions shall be accomplished in
accordance with the provisions of section 70 of the civil service law.
S 14. Notwithstanding any other provision of law to the contrary, the
state shall be authorized to sell, transfer, or lease to the city of New
York any real property utilized for the care, maintenance and super-
vision of adjudicated juvenile delinquents or juvenile offenders for use
by the placement agency of the city of New York for the purpose of
carrying out any powers, functions or duties described in article nine-
teen-I of the executive law or any other provision of this act. Neither
(a) any conveyance or other grant of real property by the state; nor (b)
the acceptance by the city of New York of such real property; nor (c)
the design, construction, reconstruction, improvement, rehabilitation,
maintaining, furnishing, repairing, equipping or use of any such facili-
ty by the placement agency of the city of New York for the care, mainte-
nance and supervision of adjudicated juvenile delinquents or juvenile
offenders shall be subject to the provisions of any general, special or
local law, city charter, administrative code, ordinance or resolution
governing uniform land use review procedures, any other land use plan-
ning review and approvals, historic preservation procedures, architec-
tural reviews, franchise approvals and other state or local review and
approval procedures governing the use of land and the improvements ther-
eon within the city.
S 15. Notwithstanding any other provision of law to the contrary,
within 6 months of the effective date of sections one through twelve of
this act relating to non-secure facilities, the office of children and
family services shall transfer any youth placed in such facilities by a
dispositional order of a family court in the city of New York to the
custody of the placement agency of the city of New York for placement in
a non-secure facility operated by such agency. Notwithstanding any other
provision of law to the contrary, within 6 months of the effective date
A. 7795 10
of such sections relating to secure and limited secure facilities, such
office shall transfer any youth placed in such facilities by a disposi-
tional order of a family court in the city of New York to the custody of
the placement agency of the city of New York for placement in a secure
or limited secure facility operated by such agency.
S 16. Notwithstanding any other provision of law to the contrary, upon
the effective date of sections one through twelve of this act relating
to non-secure facilities but prior to the effective date of such
sections relating to secure and limited secure facilities, in the event
any respondent placed in a secure or limited secure facility operated by
the office of children and family services is to be transferred to a
non-secure facility, such transfer shall be made to a non-secure facili-
ty operated by the placement agency of the city of New York; and in the
event any respondent in a non-secure facility operated by such placement
agency is to be transferred to a secure or limited secure facility, such
transfer shall be made to a secure or limited secure facility operated
by such office.
S 17. This act shall take effect immediately, provided, that the
amendments to paragraph (a) of subdivision 2 of section 153-k of the
social services law made by section twelve of this act shall not affect
the expiration of such section and shall be deemed to expire therewith;
provided, however, that with respect to dispositions of placement with
the placement agency of the city of New York in non-secure facilities,
sections one through twelve of this act shall only apply 90 days after
such placement agency provides the office of children and family
services and the office of court administration with official notice
that such agency has opened for operation facilities for such non-secure
placements, and with respect to dispositions of placement with the
placement agency in secure or limited secure facilities, such sections
shall only apply 90 days after such placement agency provides such
offices with official notice that such agency has opened for operation
facilities for secure and limited secure placements; and provided
further that such placement agency and the office of children and family
services may take any steps necessary to implement this act prior to the
effective date of any provision of this act, including the promulgation
of any regulation or rule; and provided further that section thirteen of
this act shall take effect on April 1, 2012.