§ 502-a. Day placement.
1.Definition. "Day placement" shall mean a\nprogram for youth placed with the division which is an alternative to or\nincludes a period of residential placement. Such program shall require\nthe youth to adhere to conditions of participation and to attend\nprograms on certain days or during certain periods of days, or both, as\nspecified by the director.\n 2. Authorization for day placement. The director is authorized to\nestablish day placement programs for eligible youth as defined by the\ndirector, pursuant to the rules and regulations of the division. The\ndirector's decision to allow a youth to participate in the day placement\nprogram shall be discretionary. As a part of day placement, the director\nshall impose conditions of participation upon the youth. S
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§ 502-a. Day placement. 1. Definition. "Day placement" shall mean a\nprogram for youth placed with the division which is an alternative to or\nincludes a period of residential placement. Such program shall require\nthe youth to adhere to conditions of participation and to attend\nprograms on certain days or during certain periods of days, or both, as\nspecified by the director.\n 2. Authorization for day placement. The director is authorized to\nestablish day placement programs for eligible youth as defined by the\ndirector, pursuant to the rules and regulations of the division. The\ndirector's decision to allow a youth to participate in the day placement\nprogram shall be discretionary. As a part of day placement, the director\nshall impose conditions of participation upon the youth. Such conditions\nmay include but shall not be limited to community, educational,\nvocational, recreational and treatment services; evening and weekend\nreporting programs; alternative educational programs; and periods of\nresidential placement.\n 3. Use of day placement. The director, pursuant to the rules and\nregulations of the division, may approve a day placement in any case\nwhere the court has ordered placement with the division pursuant to\nsection 353.3 of the family court act.\n 4. Duration of day placement. The duration of a day placement may be\nfor the same period of placement imposed by the court pursuant to\nsection 353.3 of the family court act. The term of the placement shall\ncommence on the day it is imposed and shall be calculated upon the basis\nof the duration of its term, rather than upon the basis of the days\nspent in residential placement, so that no youth shall be subject to\nplacement for a period that is longer than the initial period of\nplacement, unless an extension is granted pursuant to section 355.3 of\nthe family court act.\n 5. Interruption of placement. Consistent with the rule and regulation\nof the division, in any case where a youth fails to report to the\nfacility or program specified by the director, the term of placement\nshall be interrupted and such interruption shall continue until the\nyouth reports to such facility or program or is otherwise returned to\nthe custody of the division.\n 6. Modification or termination of day placement. It shall be within\nthe discretion of the director to modify or terminate a youth's\nparticipation in day placement at any time. If the day placement is\nterminated the youth shall be immediately placed in a residential\nfacility consistent with the court order.\n 7. Release and discharge. Decisions of the director regarding day\nplacement pursuant to this section or any conditional release or\ndischarge pursuant to sections five hundred ten-a and five hundred\nhundred ten-c of this article shall be deemed a judicial function and\nshall not be reviewable if done in accordance with law.\n