§ 510-a. Conditional release. 1. The division may conditionally
release any youth placed with the division to aftercare whenever it
deems such conditional release to be in the best interest of the youth,
that suitable care and supervision can be provided and that there is a
reasonable probability that the youth can be conditionally released
without endangering the public safety; provided, however, that no youth
while absent from a facility or program without the consent of the
director of such facility or program shall be conditionally released by
the division solely by reason of the absence. The division may establish
regulations in connection with such conditional release.

2. It shall be a condition of such release that the youth so released
shall continue to be the responsibility of the division for the period
provided in the order of placement, notwithstanding the youth's
conditional release therefrom, and that the division, pursuant to its
regulations, may cause such youth to be returned to a division facility
or authorized agency at any time within the period of placement, where
there is a violation of the conditions of release or a change of
circumstances.

3. Youth conditionally released by the division may be provided for as
follows:

* (a) If, in the opinion of the office of children and family
services, there is no suitable parent, relative or guardian to whom a
youth can be conditionally released, and suitable care cannot otherwise
be secured, the division may conditionally release such youth to the
care of an authorized agency established pursuant to section three
hundred seventy-one of the social services law or any other suitable
person; provided that where such suitable person has no legal
relationship with the juvenile, the office shall advise such person of
the procedures for obtaining custody or guardianship of the juvenile.

* NB Effective until March 31, 2028

* (a) If, in the opinion of the division, there is no suitable parent,
relative or guardian to whom a youth can be conditionally released, and
suitable care cannot otherwise be secured, the division may
conditionally release such youth to the care of an authorized agency
established pursuant to section three hundred seventy-one of the social
services law or any other suitable person.

* NB Effective March 31, 2028

(b) The division may provide clothing, other necessities and services
for any conditionally released youth, as may be required, including
medical care and services not provided to such youth as medical
assistance for needy persons pursuant to title eleven of article five of
the social services law.

(c) If the youth so released is subject to article sixty-five of the
education law or elects to participate in an educational program leading
to a high school diploma, the youth shall be enrolled in a school or
educational program leading to a high school diploma following release,
or, if such release occurs during the summer recess, upon the
commencement of the next school term. If the youth so released is not
subject to article sixty-five of the education law and does not elect to
participate in an educational program leading to a high school diploma,
steps shall be taken to the extent possible to facilitate the youth's
gainful employment or enrollment in a vocational program following
release.

4. In addition to the other requirements of this section, no youth
placed with the division pursuant to a restrictive placement under the
family court act shall be released except pursuant to section 353.5 of
the family court act.