§ 510-A — Conditional release

§ 510-a. Conditional release. 1. The division may conditionally\nrelease any youth placed with the division to aftercare whenever it\ndeems such conditional release to be in the best interest of the youth,\nthat suitable care and supervision can be provided and that there is a\nreasonable probability that the youth can be conditionally released\nwithout endangering the public safety; provided, however, that no youth\nwhile absent from a facility or program without the consent of the\ndirector of such facility or program shall be conditionally released by\nthe division solely by reason of the absence. The division may establish\nregulations in connection with such conditional release.\n 2. It shall be a condition of such release that the youth so released\nshall continue to be the responsibility of the division for the period\nprovided in the order of placement, notwithstanding the youth's\nconditional release therefrom, and that the division, pursuant to its\nregulations, may cause such youth to be returned to a division facility\nor authorized agency at any time within the period of placement, where\nthere is a violation of the conditions of release or a change of\ncircumstances.\n 3. Youth conditionally released by the division may be provided for as\nfollows:\n * (a) If, in the opinion of the office of children and family\nservices, there is no suitable parent, relative or guardian to whom a\nyouth can be conditionally released, and suitable care cannot otherwise\nbe secured, the division may conditionally release such youth to the\ncare of an authorized agency established pursuant to section three\nhundred seventy-one of the social services law or any other suitable\nperson; provided that where such suitable person has no legal\nrelationship with the juvenile, the office shall advise such person of\nthe procedures for obtaining custody or guardianship of the juvenile.\n * NB Effective until March 31, 2028\n * (a) If, in the opinion of the division, there is no suitable parent,\nrelative or guardian to whom a youth can be conditionally released, and\nsuitable care cannot otherwise be secured, the division may\nconditionally release such youth to the care of an authorized agency\nestablished pursuant to section three hundred seventy-one of the social\nservices law or any other suitable person.\n * NB Effective March 31, 2028\n (b) The division may provide clothing, other necessities and services\nfor any conditionally released youth, as may be required, including\nmedical care and services not provided to such youth as medical\nassistance for needy persons pursuant to title eleven of article five of\nthe social services law.\n (c) If the youth so released is subject to article sixty-five of the\neducation law or elects to participate in an educational program leading\nto a high school diploma, the youth shall be enrolled in a school or\neducational program leading to a high school diploma following release,\nor, if such release occurs during the summer recess, upon the\ncommencement of the next school term. If the youth so released is not\nsubject to article sixty-five of the education law and does not elect to\nparticipate in an educational program leading to a high school diploma,\nsteps shall be taken to the extent possible to facilitate the youth's\ngainful employment or enrollment in a vocational program following\nrelease.\n 4. In addition to the other requirements of this section, no youth\nplaced with the division pursuant to a restrictive placement under the\nfamily court act shall be released except pursuant to section 353.5 of\nthe family court act.\n