S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7795

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 17, 2011
                               ___________

Introduced  by  M.  of  A. CAMARA, P. RIVERA, GOTTFRIED -- read once and
  referred to the Committee on Children and Families

AN ACT to amend the executive law, the family court act, the penal  law,
  the  education  law  and  the  social services law, in relation to the
  operation of secure, limited secure and non-secure facilities for  the
  placement of adjudicated juvenile delinquents and juvenile offenders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new  article  19-I
to read as follows:
                              ARTICLE 19-I
                  ADJUDICATED JUVENILE DELINQUENTS AND
               JUVENILE OFFENDERS IN THE CITY OF NEW YORK
SECTION 533.   DEFINITIONS.
        533-A. FACILITIES.
        533-B. INTERVENTION AS OF RIGHT; NOTICE.
        533-C. WARRANTS; ABSENCE WITHOUT OFFICIAL AUTHORIZATIONS (AWOL).
  S  533.  DEFINITIONS. FOR PURPOSES OF THIS ARTICLE THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "DETENTION",  "YOUTH",  "CONDITIONAL  RELEASE",  "DISCHARGE"   AND
"AFTERCARE"  SHALL  HAVE  THE MEANINGS DESCRIBED IN SECTION FIVE HUNDRED
TWO OF THIS CHAPTER.
  2. "PLACEMENT AGENCY" MEANS THE AGENCY DESIGNATED BY THE MAYOR OF  THE
CITY  OF  NEW  YORK  TO OVERSEE THE CARE, MAINTENANCE AND SUPERVISION OF
ADJUDICATED JUVENILE DELINQUENTS OR JUVENILE OFFENDERS.
  3. "PLACEMENT" MEANS THE TRANSFER OF  YOUTH  TO  THE  CUSTODY  OF  THE
PLACEMENT AGENCY PURSUANT TO THE FAMILY COURT ACT.
  4.  "COMMITMENT"  MEANS  THE  TRANSFER  OF YOUTH TO THE CUSTODY OF THE
PLACEMENT AGENCY PURSUANT TO THE PENAL LAW.
  S 533-A. FACILITIES. 1. NOTWITHSTANDING ANY PROVISION OF LAW OR  REGU-
LATION  TO  THE  CONTRARY,  THE  PLACEMENT AGENCY SHALL BE AUTHORIZED TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11281-01-1
              

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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;

A. 7795                             3

  (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

A. 7795                             4

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:

A. 7795                             5

  (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

A. 7795                             6

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

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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.