§ 507-a. Placement and commitment; procedures. 1. Youth may be placed
in or committed to the custody of the division:

(a) for placement, as a juvenile delinquent pursuant to the family
court act; or

(b) for commitment pursuant to the penal law.

2. (a) Consistent with other provisions of law, only those youth who
have reached the age of twelve but who have not reached the age of
twenty-one, unless such youth is over the age of seven and less than
twelve years of age and has been adjudicated a juvenile delinquent
pursuant to subparagraph (iii) of paragraph (a) of subdivision one of
section 301.2 of the family court act, may be placed in the custody of
the office of children and family services. Except as provided for in
paragraph (a-1) of this subdivision, no youth who has reached the age of
twenty-one may remain in custody of the office of children and family
services.

(a-1) (i) A youth who is committed to the office of children and
family services as a juvenile offender or a juvenile offender
adjudicated as a youthful offender may remain in the custody of the
office during the period of his or her sentence beyond the age of
twenty-one in accordance with the provisions of subdivision five of
section five hundred eight of this title but in no event may such a
youth remain in the custody of the office beyond his or her twenty-third
birthday; and (ii) a youth found to have committed a designated class A
felony act who is restrictively placed with the office under subdivision
four of section 353.5 of the family court act for committing an act on
or after the youth's sixteenth birthday may remain in the custody of the
office of children and family services up to the age of twenty-three in
accordance with his or her placement order.

(a-2) Whenever it shall appear to the satisfaction of the office of
children and family services that any youth placed therewith is not of
proper age to be so placed or is not properly placed, or is mentally or
physically incapable of being materially benefited by the program of the
office, the office shall cause the return of such youth to the county
from which placement was made.

(b) The division shall deliver such youth to the custody of the
placing court, along with the records provided to the division pursuant
to section five hundred seven-b of this article, there to be dealt with
by the court in all respects as though no placement had been made.

(c) The cost and expense of the care and return of such youth incurred
by the division shall be reimbursed to the state by the social services
district from which such youth was placed in the manner provided by
section five hundred twenty-nine of this article.

3. The division may photograph any youth in its custody. Such
photograph may be used only for the purpose of assisting in the return
of conditionally released children and runaways pursuant to section five
hundred ten-b of this article. Such photograph shall be destroyed
immediately upon the discharge of the youth from division custody.

4. (a) A youth placed with or committed to the division may,
immediately following placement or commitment, be remanded to an
appropriate detention facility.

(b) The office of children and family services shall admit a child
placed with the office to a facility of the office within fifteen days
of the date of the order of placement with the office and shall admit a
juvenile offender, youthful offender or adolescent offender committed to
the office to a facility of the office within ten days of the date of
the order of commitment to the office, except as provided in section
five hundred seven-b of this article.

5. Consistent with other provisions of law, in the discretion of the
commissioner of the office of children and family services, youth placed
within the office under the family court act who attain the age of
eighteen while in custody of the office and who are not required to
remain in the placement with the office as a result of a dispositional
order of the family court may reside in a placement in an authorized
agency or a non-secure facility until the age of twenty-one, provided
that such youth attend a full-time vocational or educational program and
are likely to benefit from such program.