§ 510-C — Discharge from custody

§ 510-c. Discharge from custody. 1. The division may discharge from\nits custody any child placed with the division whenever it deems such\ndischarge to be in the best interest of the child and there is\nreasonable probability that the child can be discharged without\nendangering the public safety; provided, however, that no child while\nabsent from a division facility without the consent of the director of\nsuch facility shall be discharged by the division solely by reason of\nthe absence, and provided further that no child in the custody of the\ndivision and transferred to the department of mental hygiene, while\nabsent from a department of mental hygiene facility without the consent\nof the superintendent or director of such facility, shall be discharged\nby the division.\n 2. Except as provided in subdivision three of this section, any child\nwho has been placed with the office of children and family services\nshall be deemed to have been discharged therefrom if, during the period\nprovided in the order of placement or extension thereof, the child is\nconvicted of a crime or adjudicated a youthful offender, and is\ncommitted to an institution in the department of corrections and\ncommunity supervision or department of mental hygiene, or receives a one\nyear sentence in a local correctional facility.\n 3. A child placed with the division pursuant to a restrictive\nplacement under the family court act shall not be discharged solely by\nreason of conviction for a crime or adjudication as a juvenile\ndelinquent or youthful offender, nor shall any such child be discharged\nexcept pursuant to section 353.5 of the family court act.\n 4. Upon the placement of any child eighteen years of age or over, or\nupon the eighteenth birthday of any child placed in the custody of the\ndivision for an adjudication of juvenile delinquency for having\ncommitted an act which if committed by an adult would constitute a\nfelony, and still in the custody of the division, the division shall\nnotify the division of criminal justice services of such placement or\nbirthday provided, however, in the case of a child eleven or twelve\nyears of age, at the time the act or acts were committed, the division\nof criminal justice services shall not be provided with the child's\nname, unless the acts committed by such child would constitute a class A\nor B felony. Upon the subsequent discharge of said child it shall be the\nduty of the division to notify the division of criminal justice services\nof that fact and the date of discharge. For the purposes of this\nsubdivision, a child's age shall be determined to be the age stated in\nthe placement order.\n