§ 720 — Pre-dispositional placement

§ 720. Pre-dispositional placement. 1. No child to whom the provisions\nof this article may apply, shall be detained in any prison, jail,\nlockup, or other place used for adults or children convicted of crime or\nunder arrest and charged with a crime.\n 2. The detention of a child in a secure detention or non-secure\nfacility shall not be directed under any of the provisions of this\narticle.\n 3. Pre-dispositional placement of a person alleged to be or\nadjudicated as a person in need of supervision shall be authorized only\nin a foster care program certified by the office of children and family\nservices or a short-term safe house in accordance with section seven\nhundred thirty-nine of this article, or a certified or approved family\nboarding home pursuant to the social services law. The setting of the\nplacement shall take into account:\n (a) The proximity to the community in which the person alleged to be\nor adjudicated as a person in need of supervision lives with such\nperson's parents or to which such person will be discharged; and\n (b) The existing educational setting of such person and the proximity\nof such setting to the location of the placement setting.\n 4. (a) The court shall not order or direct pre-dispositional placement\nunder this article, (i) unless the court determines and states in its\nwritten order; (1) that there is no substantial likelihood that the\nyouth and his or her family will continue to benefit from diversion\nservices, including but not limited to, any available respite services;\nand (2) that all available alternatives to detention have been\nexhausted; and (3) that pre-dispositional placement of the respondent is\nin the best interest of the respondent; and (4) that it would be\ncontrary to the welfare of the respondent to continue in their own home;\nor (ii) if the sole basis for the petition is an allegation pursuant to\nparagraph (i) of subdivision (a) of section seven hundred twelve of this\narticle.\n (b) Where the youth is sixteen years of age or older, the court shall\nnot order or direct pre-dispositional placement under this article,\nunless the court determines and states in its order that special\ncircumstances exist to warrant such placement.\n (c) If in addition to the provisions of this section, the respondent\nmay be a sexually exploited child as defined in subdivision one of\nsection four hundred forty-seven-a of the social services law, the court\nmay direct the respondent to an available short-term safe house in\naccordance with section seven hundred thirty-nine of this article.\n