N.Y. Comp. Codes R. & Regs. tit. 18 § 431.20

Current through Register Vol. 46, No. 25, June 18, 2024

Section 431.20 - Interruption of placement time

(a) Pursuant to section 398(3-a)(b) of the Social Services Law, if a youth placed pursuant to a delinquency adjudication pursuant to article 3 of the Family Court Act with a local social services district is absent from placement without consent, such absence shall interrupt the calculation of time for their placement. For purposes of this section, a youth placed pursuant to a delinquency adjudication is absent without consent when such youth runs away or is otherwise absent without the consent of the person(s) or facility in whose care the youth has been placed.

(b) The calculation of the youth's placement time on the delinquency shall remain tolled until such youth returns or is returned or the youth's delinquency adjudication case is disposed of pursuant to section 431.8(f) of this Part.

(c) If the youth placed pursuant to a delinquency adjudication spent any time in custody between the date of absence and the date placement resumes, then such time shall be credited against placement if:

(1) the custody was due to an arrest or surrender based upon the absence; or

(2) the custody arose from an arrest or surrender on another charge that did not culminate in a conviction, adjudication or adjustment.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 431.20

Adopted New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 12/11/2019