* § 404. Juvenile justice services close to home initiative. 1. A
social services district in a city with a population in excess of one
million may implement a close to home initiative to provide juvenile
justice services to all adjudicated juvenile delinquents determined by a
family court in such district as needing placement other than in a
secure facility and to enter into contracts with any authorized agency,
as defined by section three hundred seventy-one of this chapter, to
operate and maintain non-secure and limited secure facilities. Such a
social services district shall have sufficient capacity to serve all
adjudicated juvenile delinquents needing residential placements within
the district within twenty-four months of approval of a plan for each
setting level except for those juvenile delinquents who need specialized
services that are not available within the district.

2. A social services district shall obtain prior approval from the
office of children and family services of its plan for establishing and
implementing such an initiative in accordance with guidelines
established and in the format, and including the information required,
by such office. Such district shall submit separate plans for how the
district will implement initiatives for juvenile delinquents placed in
non-secure settings and in limited secure settings. Any such plan shall
specify, in detail, as applicable:

(a) how the district will provide a continuum of evidence informed,
high-quality community-based and residential programming that will
protect community safety and provide appropriate services to youth,
including the operation of non-secure and limited secure facilities, in
sufficient capacity and in a manner designed to meet the needs of
juvenile delinquents cared for under the initiative. Such programming
shall be based on an analysis of recent placement trends of youth from
within such district, including the number of youth who have been placed
in the custody of the office of children and family services for
placement in other than a secure facility;

(b) the anticipated start-up and on-going services and administrative
costs of the initiative;

(c) the readiness of the district to establish the initiative and the
availability of all needed resources, including the location of services
and availability of the providers that will provide all necessary
services under the initiative including, but not limited to,
residential, non-residential, educational, medical, substance abuse,
mental health and after care services and community supervision;

(d) the proposed effective date of the plan and documentation of the
district's readiness to begin accepting and appropriately serving
juvenile delinquents under the plan;

(e) how the district will provide necessary and appropriate staffing
to implement the initiative;

(f) how the district will monitor the quality of services provided to
youth, including how the district will provide case management services;

(g) how, throughout the initiative, the district will seek and receive
on-going community and stakeholder input relating to the implementation
and effectiveness of the initiative;

(h) how the district will ensure that all staff working directly with
youth served under the initiative have received necessary and
appropriate training;

(i) how the district will monitor the use of restraints on youth,
including, but not limited to, the use of mechanical restraints;

(j) how the district will develop and implement programs and policies
to ensure program safety and that youth receive appropriate services
based on their needs, including, but not limited to, educational,
behavioral, mental health and substance abuse services in accordance
with individualized treatment plans developed for each youth;

(k) how the district will develop and implement gender specific
programming and policies to meet the specialized needs of lesbian, gay,
bisexual and transgender youth;

(l) how the district will develop and implement programming that is
culturally competent to meet the diverse needs of the youth;

(m) how the district will develop and implement local programs that
will seek to reduce the disproportionate placement of minority youth in
residential programs in the juvenile justice system;

(n) how the district will develop and implement a plan to reduce the
number of youth absent without leave from placement;

(o) how the district will develop and implement policies to serve
youth in the least restrictive setting consistent with the needs of
youth and public safety, and to avoid modifications of placements to the
office of children and family services;

(p) how the district will engage in permanency and discharge planning
for juvenile delinquents placed in its custody including, but not
limited to, securing adequate housing and health insurance and education
and employment, as appropriate;

(q) how the district will develop and implement a comprehensive after
care program to provide services and supports for youth who have
re-entered the community following a juvenile justice placement with the
district;

(r) how the district will develop and implement policies focused on
reducing recidivism of youth who leave the program;

(s) how the local probation department will implement a comprehensive
predisposition investigation process that includes, at least, the use of
appropriate assessments to determine the cognitive,
educational/vocational, and substance abuse needs of the youth and the
use of a validated risk assessment instrument, approved by the office of
children and family services; and how the district will implement an
intake process for youth placed in residential care that includes the
use of appropriate assessments to determine the medical, dental, mental
and behavioral health needs of the youth; and

(t) how the district will provide for the restrictive setting and
programs necessary to serve youth who need placement in a limited secure
setting consistent with the necessity for the protection of the health
and safety of the juvenile delinquents in the facility and the
surrounding community.

3. (a) Prior to submitting any plan pursuant to subdivision two of
this section to implement a juvenile justice services close to home
initiative for juvenile delinquents placed in non-secure settings, the
social services district shall conduct at least one public hearing on
the proposed plan. Any such public hearings shall only be held after
thirty days notice has been provided in a newspaper of general
circulation within the jurisdiction for which the social services
district is located. The notice shall specify the times of the public
hearing and provide information on how written comments on the plan may
be submitted to the district for consideration. Additionally, for a
period of at least thirty days prior to a hearing, the district shall
post on its website a notice of the hearing, a copy of the proposed
plan, and information on how written comments on the plan may be
submitted to the district for consideration.

(b) Prior to submitting a plan pursuant to subdivision two of this
section to implement a juvenile justice services close to home
initiative for juvenile delinquents placed in limited secure settings,
the social services district shall:

(i) hold at least one forum in each of the five boroughs within the
district for community members and relevant stakeholders including
potential provider agencies to discuss, in general, the manner in which
the district intends to provide the residential and aftercare services
to youth who need placement in limited secure settings in a manner to
protect community safety and provide appropriate services to such youth,
and to respond to concerns and receive suggested alternatives;

(ii) conduct at least one public hearing in each of the five boroughs
within the district on the proposed plan. Such public hearings shall
only be held after thirty days notice has been provided in a newspaper
of general circulation in the respective borough. The notice shall
specify the time of the hearing in the respective borough and provide
information on how written comments on the plan may be submitted to the
district for consideration. Additionally, for a period of at least
thirty days prior to each such hearing, the district shall post on its
website a notice of the hearing, a copy of the proposed plan, and
information on how written comments on the plan may be submitted to the
district for consideration.

4. The social services district shall submit, with any such plan, an
assessment of any written comments received, and any comments presented
at the public hearing. At a minimum, such assessment shall contain:

(a) a summary and analysis of the issues raised and significant
alternatives suggested;

(b) a statement of the reasons why any significant alternatives were
not incorporated into the plan; and

(c) a description of any changes made to the plan as a result of such
comments.
At the time of, or prior to, the submission of each such plan to the
office, the social services district shall post on its website the plan
and the assessment of comments. At the time it submits its plan to the
office, the social services district shall provide a copy of the plan
and assessment of comments to the temporary president of the senate and
the speaker of the assembly.

5. The office of children and family services, in consultation with
the office of mental health and the office of alcoholism and substance
abuse services, shall be authorized to request amendments to any plan
prior to approval. For any plan that only covers juvenile delinquents
placed in non-secure settings, the office shall, within thirty days of
receiving the plan, either approve or disapprove the plan or request
amendments to the plan. If any amendments are requested to the plan, the
office shall approve or disapprove the plan within fifteen days of its
resubmission with the requested amendments. For any plan that covers
juvenile delinquents placed in limited secure settings, the office
shall, within sixty days of receiving the plan, either approve or
disapprove the plan or request amendments to the plan. If any amendments
are requested to the plan, the office shall approve or disapprove the
plan within fifteen days of its resubmission with the requested
amendments. In no event shall the office approve such a plan for limited
secure settings prior to April first, two thousand thirteen.

6. (a) Notwithstanding any other provision of law to the contrary, if
the office of children and family services approves a social services
district's plan to implement a juvenile justice services close to home
initiative for juvenile delinquents placed in non-secure settings, such
office shall work with such district to identify those juvenile
delinquents in the office's custody residing in non-secure placements
and those conditionally released from a facility who were placed by a
family court within the jurisdiction of said social services district.
The office shall evaluate the placement length and the needs of such
juvenile delinquents and, where appropriate, file a petition pursuant to
section 355.1 of the family court act to transfer custody of such youth
to said social services district on the effective date of the plan, or
as soon as appropriate thereafter, but in no event later than ninety
days after such effective date; provided, however, if the office
determines, on a case-by-case basis, for reasons documented in writing
submitted to the social services district, that a transfer within ninety
days of the effective date of the plan would be detrimental to the
education or the emotional, mental or physical health of a youth, or
would seriously interfere with the youth's interstate transfer or
imminent discharge, the office shall provide an estimated time by which
the office expects to be able to petition for the transfer of such youth
or to release such youth from its care, and shall notify the district
and the attorney for the respondent of any delay of that expected date
and the reasons for such a delay.

(b) Notwithstanding any other provision of law to the contrary, if the
office approves a social services district's plan to implement a
juvenile justice services close to home initiative for juvenile
delinquents placed in limited-secure settings, such office shall work
with such district to identify juvenile delinquents in the office's
custody residing in limited secure placements who were placed by a
family court in the social services district. The office of children and
family services shall evaluate the placement length and needs of such
juvenile delinquents and, where appropriate, file a petition pursuant to
section 355.1 of the family court act to transfer custody of such youth
to said social services district on the effective date of the plan or as
soon as appropriate thereafter, but in no event later than ninety days
after such effective date; provided, however, if the office determines,
on a case-by-case basis, for reasons documented in writing submitted to
the social services district, that a transfer within ninety days of the
effective date of the plan would be detrimental to the education or the
emotional, mental or physical health of a youth, or would seriously
interfere with the youth's interstate transfer or imminent discharge,
the office shall provide an estimated time by which the office expects
to be able to petition for the transfer of such youth or to release such
youth from its care, and shall notify the district and the attorney for
the respondent of any delay of that expected date and the reasons for
such a delay.

7. (a) Notwithstanding the provisions of paragraph (c) of subdivision
fifteen of section five hundred one of the executive law, or any other
law to the contrary, if the office of children and family services
approves a social services district's plan for a juvenile justice
services close to home initiative to implement services for juvenile
delinquents placed in non-secure or limited secure settings, such office
shall be authorized, for up to a year after the effective date of the
first of any such approved plan for a district to implement services for
each setting level, but in no event later than September first, two
thousand fourteen: (1) to close any of its facilities in the
corresponding setting levels covered by the approved plan and to make
significant associated service reductions and public employee staffing
reductions and transfer operations for those setting levels to a private
or not-for-profit entity, as determined by the commissioner of the
office of children and family services solely to reflect the decrease in
the number of juvenile delinquents placed with such office from such
social services district; (2) to reduce costs to the state and other
social services districts resulting from such decrease; and (3) to
adjust services to provide regionally-based care to juvenile delinquents
from other parts of the state needing services in those levels of
residential services. At least sixty days prior to taking any such
action, the commissioner of the office 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. Such notice
may be provided at any time on or after the date the office approves a
plan authorizing a social services district to implement programs for
juvenile delinquents placed in the applicable setting level. Such
commissioner shall be authorized to conduct any and all preparatory
actions which may be required to effectuate such closures or significant
service or staffing reductions and transfer 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 operation of youth
facilities; (5) the physical characteristics, conditions and costs of
operation of the facility; and (6) the location of the facility in
regards to costs and ease of transportation of placed youth and their
families.

(b) 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 seventy of the civil service
law.

8. (a) Notwithstanding any other provision of law to the contrary,
eligible expenditures during the applicable time periods made by a
social services district for an approved juvenile justice services close
to home initiative shall, if approved by the department of family
assistance, be subject to reimbursement with state funds only up to the
extent of an annual appropriation made specifically therefor, after
first deducting therefrom any federal funds properly received or to be
received on account thereof; provided, however, that when such funds
have been exhausted, a social services district may receive state
reimbursement from other available state appropriations for that state
fiscal year for eligible expenditures for services that otherwise would
be reimbursable under such funding streams. Any claims submitted by a
social services district for reimbursement for a particular state fiscal
year for which the social services district does not receive state
reimbursement from the annual appropriation for the approved close to
home initiative may not be claimed against that district's appropriation
for the initiative for the next or any subsequent state fiscal year.

(b) The department of family assistance is authorized, in its
discretion, to make advances to a social services district in
anticipation of the state reimbursement provided for in this section.

(c) A social services district shall conduct eligibility
determinations for federal and state funding and submit claims for
reimbursement in such form and manner and at such times and for such
periods as the department of family assistance shall determine.

(d) Notwithstanding any inconsistent provision of law or regulation of
the department of family assistance, state reimbursement shall not be
made for any expenditure made for the duplication of any grant or
allowance for any period.

(e) Claims submitted by a social services district for reimbursement
shall be paid after deducting any expenditures defrayed by fees, third
party reimbursement, and any non-tax levy funds including any donated
funds.

(f) The office of children and family services shall not reimburse any
claims for expenditures for residential services that are submitted more
than twenty-two months after the calendar quarter in which the
expenditures were made.

(g) Notwithstanding any other provision of law, the state shall not be
responsible for reimbursing a social services district and a district
shall not seek state reimbursement for any portion of any state
disallowance or sanction taken against the social services district, or
any federal disallowance attributable to final federal agency decisions
or to settlements made, when such disallowance or sanction results from
the failure of the social services district to comply with federal or
state requirements, including, but not limited to, failure to document
eligibility for the federal or state funds in the case record. To the
extent that the social services district has sufficient claims other
than those that are subject to disallowance or sanction to draw down the
full annual appropriation, such disallowance or sanction shall not
result in a reduction in payment of state funds to the district unless
the district requests that the department use a portion of the
appropriation toward meeting the district's responsibility to repay the
federal government for the disallowance or sanction and any related
interest payments.

(h) Rates for residential services. (i) The office shall establish the
rates, in accordance with section three hundred ninety-eight-a of this
chapter, for any non-secure facilities established under an approved
juvenile justice services close to home initiative. For any such
non-secure facility that will be used primarily by the social services
district with an approved close to home initiative, final authority for
establishment of such rates and any adjustments thereto shall reside
with the office, but such rates and any adjustments thereto shall be
established only upon the request of, and in consultation with, such
social services district.

(ii) A social services district with an approved juvenile justice
services close to home initiative for juvenile delinquents placed in
limited secure settings shall have the authority to establish and
adjust, on an annual or regular basis, maintenance rates for limited
secure facilities providing residential services under such initiative.
Such rates shall not be subject to the provisions of section three
hundred ninety-eight-a of this chapter but shall be subject to maximum
cost limits established by the office of children and family services.

9. Upon approval of a social services district's plan, the office of
children and family services shall notify the supervising family court
judge responsible for the family courts serving such district of the
effective date and placement settings covered by the plan.

(a) Beginning on the effective date of a district's approved plan that
only covers juvenile delinquents placed in non-secure settings, a family
court judge serving in a county where such social services district is
located shall only be authorized to place an adjudicated juvenile
delinquent in the custody of the commissioner of the office of children
and family services for placement in a secure or limited secure facility
pursuant to section 353.3 or 353.5 of the family court act.

(b) Beginning on the effective date of a district's approved plan to
implement programs for juvenile delinquents placed in limited secure
settings, a family court judge serving in a county where such social
services district is located shall only be authorized to place an
adjudicated juvenile delinquent in the custody of the commissioner of
the office of children and family services for placement in a secure
facility pursuant to section 353.3 or 353.5 of the family court act.

10. If the social services district receives the necessary approval to
implement a close to home initiative, the district shall implement the
initiative in accordance with all applicable federal and state laws and
regulations. If the social services district receives the necessary
approval of a plan for juvenile delinquents placed in limited secure
settings, the office shall promulgate regulations governing the
operation of such limited secure facilities. If such regulations are not
adopted prior to the date that an authorized agency applies for a
license to operate such a facility, the facility shall be subject to the
existing regulations of the office that would apply to the operation of
a foster care facility of the same size; provided, however, that the
office shall be authorized to grant an exception to the authorized
agency, until such limited secure regulations are adopted, to any such
existing regulation that the office determines would impede the ability
of the authorized agency to provide the restrictive setting and programs
necessary to serve youth who need placement in a limited secure setting
in accordance with the approved plan. Any limited secure facility that
is granted such a waiver shall comply with any alternate requirements
the office may consider necessary for the protection of the health or
safety of the juvenile delinquents in the facility or the surrounding
community. The office shall take all reasonable steps available to
finalize the adoption of regulations governing the operation of such
limited secure facilities no later than six months after it issues the
first license for a program to provide services to juvenile delinquents
placed in limited secure settings but in no event shall such regulations
be adopted on an emergency basis.

(a) The initiative shall be subject to the office of children and
family services' ongoing oversight and monitoring including, but not
limited to: case record reviews; staff, family, and client interviews;
on-site inspections; review of data regarding provider performance,
youth and staff safety, and quality of care, which must be provided to
the office in order to carry out its responsibilities, in the form and
manner and at such times as required by the office; and continued
licensing and monitoring of the authorized agencies providing services
under the plan pursuant to this chapter.

(b) The social services district shall provide each juvenile
delinquent with an appropriate level of services designed to meet his or
her individual needs and to enhance public safety and shall provide the
office of children and family services with specific information as
required by the office, in the format and at such times as required by
such office, on the youth participating in the initiative and the
programs serving such youth. Such information shall be provided to the
office of children and family services on a monthly basis for the first
twelve months immediately following the implementation of the programs
for each level of care and shall be provided to such office on a
quarterly basis thereafter.

11. The social services district shall submit an annual report to the
office of children and family services, the temporary president of the
senate and the speaker of the assembly, in the format required by such
office, detailing overall initiative performance. Such report shall
include, but not be limited to:

(a) number of juvenile delinquents placed with the local social
services district;

(b) number of juvenile delinquents placed in a non-secure facility
with the social services district;

(c) number of juvenile delinquents placed in a limited secure facility
with the social services district, as applicable;

(d) demographic information about juvenile delinquents in care;

(e) number of specialized beds in each category of specialized
program;

(f) number and nature of incident reports;

(g) number of juvenile delinquents absent without leave per facility;

(h) average length of stay;

(i) number of conditionally released juvenile delinquents;

(j) number of discharged juvenile delinquents who are subsequently
placed with the district;

(k) number and nature of corrective action plans and resolutions;

(l) number of juvenile delinquents transferred between facilities,
including the number of juvenile delinquents transferred between
non-secure and limited-secure facilities, as applicable; and

(m) number of petitions filed to transfer juvenile delinquents between
the custody of the office and the social services district.

12. If the office of children and family services determines that the
social services district is failing to adequately provide for the
juvenile delinquents placed under an approved plan, such office may
require the social services district to submit a corrective action plan,
for such office's approval, demonstrating how it will rectify the
inadequacies in the time specified by the office, but no later than
thirty days from such request. If the office determines that the social
services district is failing to make sufficient progress towards
implementing the corrective action plan in the time and manner approved
by the office but no later than sixty days from the date of submission
of the corrective action plan, the office shall provide the district
written notice of such determination and the basis therefor, and mandate
that the district take all necessary actions to implement the plan. If a
district has failed, within a reasonable time thereafter as specified by
the office based on the nature of the failure, which shall in no event
exceed sixty days, to make progress implementing any regulation, or any
other portion of such plan that is intended to prevent imminent danger
to the health, safety or welfare of the youth being served under the
plan, the office may withhold or set aside a portion of the funding due
under subdivision eight of this section until the district demonstrates
that sufficient progress is being made; or terminate the district's
authority to operate all or a portion of the juvenile justice services
close to home initiative, take all necessary steps to assume custody
for, and provide services to, the applicable juvenile delinquents being
served under the initiative, and discontinue funds provided to the
district for such services. The office shall not withhold, set aside or
discontinue state aid to a district until written notice is given to the
commissioner of the district, and in the event funding is withheld, set
aside or discontinued, the district may appeal to the office, which
shall hold a fair hearing thereon in accordance with the provisions of
section twenty-two of this chapter relating to fair hearings. The
district may institute a proceeding for a review of the determination of
the office following the fair hearing pursuant to article seventy-eight
of the civil practice law and rules. Any funds withheld, set aside or
discontinued pursuant to this provision shall be applied to address the
problem which was the basis for such sanction. If the office terminates
a district's authority to operate any portion of a juvenile justice
services close to home initiative in accordance with this subdivision,
the office shall notify the supervising family court judge responsible
for the family courts serving such district of such termination and the
effective date of such termination.

13. Once a plan becomes operative pursuant to this section, the social
services district shall carry out the following functions, powers and
duties with respect to placements of juvenile delinquents in accordance
with the provisions of such plan and all applicable federal and state
laws and regulations:

(a) to enter into contracts with authorized agencies, as defined in
section three hundred seventy-one of this chapter, to operate and
maintain facilities authorized under such plan; such contracts may
include such program requirements as deemed necessary by the district;

(b) to determine the particular facility or program in which a
juvenile delinquent placed with the district shall be cared for, based
upon any applicable court order, pursuant to subdivision two of section
353.3 of the family court act, and an evaluation of such juvenile
delinquent;

(c) to transfer a juvenile delinquent from one facility to any other
facility, when the interests of such juvenile delinquent require such
action, upon prior notice to the respondent, the attorney for the
respondent and the respondent's parent or legal guardian, unless an
immediate change of placement is necessary, in which case such notice
shall be transmitted on the next business day; provided that, if the
district has an approved plan to implement services for juvenile
delinquents placed in limited secure settings, a juvenile delinquent
transferred to a non-secure facility from a limited secure facility may
be returned to a limited secure facility upon a determination by the
district that, for any reason, care and treatment at the non-secure
facility is no longer suitable;

(d) to cause a juvenile delinquent under the jurisdiction of the
district who has run away from a facility run by the district or an
authorized agency; or is conditionally released and has violated a
condition of release therefrom, or if there is a change in circumstances
and the district determines that it would be consistent with the needs
and best interests of said juvenile delinquent and the need to protect
the community; to be apprehended and returned to the district, detention
facility, authorized agency, or program pursuant to regulations of the
office of children and family services; provided further that:

(i) a social services official shall give immediate written notice to
both the office and the family court when any juvenile delinquent placed
with the social services district is absent from such placement without
consent;

(ii) an authorized agency shall give immediate written notice to the
office, the district and the family court when any juvenile delinquent
placed by the district for care in such authorized agency is absent from
such placement without consent;

(iii) a magistrate may cause a runaway or conditionally released
juvenile delinquent to be held in custody until returned to the
district;

(e) to issue a warrant for the apprehension and return of a juvenile
delinquent under the jurisdiction of the district who has run away from
a facility run by the district or an authorized agency; or is
conditionally released and has violated a condition of release
therefrom, or if there is a change in circumstances and the district
determines that it would be consistent with the needs and best interest
of said juvenile delinquent and the need to protect the community;
pursuant to regulations of the office of children and family services;
provided that:

(i) a social services official, pursuant to the regulations of the
office of children and family services, shall issue a warrant directed
generally to any peace officer, acting pursuant to such officer's
special duties, or police officer in the state for the apprehension and
return of any runaway or conditionally released juvenile delinquent
under the jurisdiction of the district and such warrant shall be
executed by any peace officer, acting pursuant to such officer's special
duties, or police officer to whom it may be delivered; the social
services district also shall provide relevant law enforcement agencies
within forty-eight hours with any photographs of any runaway or
conditionally released juvenile delinquent for whom a warrant is issued,
together with any pertinent information relative to such juvenile
delinquent; such photographs shall remain the property of the social
services district and shall be kept confidential for use solely in the
apprehension of such juvenile delinquent and shall be returned promptly
to the district upon apprehension of such juvenile delinquent, or upon
the demand of the district;

(f) to authorize an employee designated by the social services
district, without a warrant, to apprehend a runaway or conditionally
released juvenile delinquent under the jurisdiction of the district who
has run away from a facility run by the district or an authorized
agency; or is conditionally released and has violated a condition of
release therefrom, or if there is a change in circumstances and the
district determines that it would be consistent with the needs and best
interests of said juvenile delinquent and the need to protect the
community; in any county in this state whose return has been ordered by
the district pursuant to the regulations of the office, and return said
juvenile delinquent to any appropriate social services district,
detention facility, authorized agency or program;

(g) pursuant to the regulations of the office of children and family
services, to develop and operate programs for youth placed or referred
to the district or in conjunction with an order provided in accordance
with section 353.6 of the family court act;

(h) upon the placement of any juvenile delinquent eighteen years of
age or older, or upon the eighteenth birthday of any youth placed in the
custody of the social services district for an adjudication of juvenile
delinquency for having committed an act which if committed by an adult
would constitute a felony, and still in the custody of the social
services district, to notify the division of criminal justice services
of such placement or birthday. Provided, however, in the case of a youth
eleven or twelve years of age at the time the act or acts were
committed, the division of criminal justice services shall not be
provided with the youth's name, unless the acts committed by such youth
would constitute a class A or B felony. Upon the subsequent discharge it
shall be the duty of the social services district to notify the division
of criminal justice services of that fact and the date of discharge. For
the purposes of this paragraph, a youth's age shall be determined to be
the age stated in the placement order;

(i) to provide juvenile delinquents in residential placements with
reasonable and appropriate visitation by family members and consultation
with their legal representative in accordance with the regulations of
the office of children and family services; and

(j) to provide residential care in programs subject to the regulations
of the office of children and family services, for infants born to or
being nursed by female juvenile delinquents placed with the district;
residential care for such an infant may be provided for such period of
time as is deemed desirable for the welfare of the mother or infant.

14. The following persons shall be authorized to visit, at their
pleasure, all programs operated by a social services district pursuant
to, or in accordance with this section: the governor; lieutenant
governor; comptroller; attorney general; members of the legislature;
judges of the court of appeals; judges from supreme court, family court
and county courts and district attorneys, county attorneys and attorneys
employed in the office of the corporation counsel having jurisdiction
within the applicable social services district or county where a program
is located; and any person or agency otherwise authorized by statute.

15. A juvenile delinquent in the care of the social services district
who attends public school while in residence at a facility shall be
deemed a resident of the school district where the youth's parent or
guardian resides at the commencement of each school year for the purpose
of determining which school district shall be responsible for the
youth's tuition.

16. The social services district shall be permitted to appear as
amicus in any action involving an appeal from a decision of any court of
this state that relates to programs, conditions or services provided by
such district or any authorized agency with which the district has
placed a juvenile delinquent pursuant to this section. Written notice
shall be given by the corporation counsel of the city of New York, or
county attorney, as applicable, to the parties to the appeal when such
amicus status is requested.

17. Notwithstanding any provision of law to the contrary, the social
services district may delay acceptance of a juvenile delinquent in
detention who is placed in the district's custody in accordance with the
regulations of the office of children and family services; provided,
however, that where the juvenile delinquent is in detention, such delay
may not exceed fifteen days from the date the placement was made except
as provided for in subdivision three of section three hundred
ninety-eight of this article.

18. No order that places a juvenile delinquent in the custody of the
social services district that recites the facts upon which it is based
shall be deemed or held to be invalid by reason of any imperfection or
defect in form.

* NB Repealed March 31, 2028