N.Y. Comp. Codes R. & Regs. tit. 18 § 450.4

Current through Register Vol. 46, No. 17, April 24, 2024

Section 450.4 - Placement and transfers

(a) If a youth is placed in the custody of the commissioner of a local social services district for placement in a limited secure level of care, the youth must be placed initially in a limited secure facility.

(b) A youth placed in the custody of a commissioner of a social services district for placement in either a non-secure or limited secure level of care may be placed in a limited secure facility, as determined by such commissioner.

(c) If a youth is placed in the custody of the commissioner of a local social services district for placement in a non-secure level of care, the youth may not be placed initially in a limited secure facility.

(d) A youth placed in a limited secure facility in accordance with this section may be transferred to a different limited secure facility or to a non-secure facility when the interests of the youth require such action. Any such transfer must comply with the requirements of subdivision (13) of section 404 of the Social Services Law.

(e) A youth placed in a limited secure facility who has been transferred to a non-secure facility may be returned to a limited secure facility upon a determination by the social services district with custody of the youth that, for any reason, care and treatment at the non-secure facility is no longer suitable for that youth.

(f) A commissioner of a local social services district who determines that a youth placed in a limited secure facility requires placement in a secure facility must petition the family court that placed the youth in the custody of the local commissioner for an order placing the youth in the custody of the office. The local commissioner must notify the office at least five business days prior to filing such a petition and must include the office as a necessary party in the petition.

(g) If the office determines that a youth in the custody of the office should be transferred from a facility operated by the office to a non-secure or limited secure facility which holds an operating certificate issued by the office to an authorized agency, and the county from which the youth was placed is approved to operate a juvenile justice services close to home program for juvenile delinquents placed in non-secure or limited secure settings, the office must petition the family court that placed the youth in the custody of the office for an order placing the youth in the custody of the commissioner of the local social services district. The office must notify the local commissioner at least five business days prior to filing such a petition and must include the local commissioner as a necessary party in the petition.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 450.4

Adopted New York State Register November 4, 2015/Volume XXXVII, Issue 44, eff.11/4/2015