§ 404 — Juvenile justice services close to home initiative

* § 404. Juvenile justice services close to home initiative. 1. A\nsocial services district in a city with a population in excess of one\nmillion may implement a close to home initiative to provide juvenile\njustice services to all adjudicated juvenile delinquents determined by a\nfamily court in such district as needing placement other than in a\nsecure facility and to enter into contracts with any authorized agency,\nas defined by section three hundred seventy-one of this chapter, to\noperate and maintain non-secure and limited secure facilities. Such a\nsocial services district shall have sufficient capacity to serve all\nadjudicated juvenile delinquents needing residential placements within\nthe district within twenty-four months of approval of a plan for each\nsetting level except for those juvenile delinquents who need specialized\nservices that are not available within the district.\n 2. A social services district shall obtain prior approval from the\noffice of children and family services of its plan for establishing and\nimplementing such an initiative in accordance with guidelines\nestablished and in the format, and including the information required,\nby such office. Such district shall submit separate plans for how the\ndistrict will implement initiatives for juvenile delinquents placed in\nnon-secure settings and in limited secure settings. Any such plan shall\nspecify, in detail, as applicable:\n (a) how the district will provide a continuum of evidence informed,\nhigh-quality community-based and residential programming that will\nprotect community safety and provide appropriate services to youth,\nincluding the operation of non-secure and limited secure facilities, in\nsufficient capacity and in a manner designed to meet the needs of\njuvenile delinquents cared for under the initiative. Such programming\nshall be based on an analysis of recent placement trends of youth from\nwithin such district, including the number of youth who have been placed\nin the custody of the office of children and family services for\nplacement in other than a secure facility;\n (b) the anticipated start-up and on-going services and administrative\ncosts of the initiative;\n (c) the readiness of the district to establish the initiative and the\navailability of all needed resources, including the location of services\nand availability of the providers that will provide all necessary\nservices under the initiative including, but not limited to,\nresidential, non-residential, educational, medical, substance abuse,\nmental health and after care services and community supervision;\n (d) the proposed effective date of the plan and documentation of the\ndistrict's readiness to begin accepting and appropriately serving\njuvenile delinquents under the plan;\n (e) how the district will provide necessary and appropriate staffing\nto implement the initiative;\n (f) how the district will monitor the quality of services provided to\nyouth, including how the district will provide case management services;\n (g) how, throughout the initiative, the district will seek and receive\non-going community and stakeholder input relating to the implementation\nand effectiveness of the initiative;\n (h) how the district will ensure that all staff working directly with\nyouth served under the initiative have received necessary and\nappropriate training;\n (i) how the district will monitor the use of restraints on youth,\nincluding, but not limited to, the use of mechanical restraints;\n (j) how the district will develop and implement programs and policies\nto ensure program safety and that youth receive appropriate services\nbased on their needs, including, but not limited to, educational,\nbehavioral, mental health and substance abuse services in accordance\nwith individualized treatment plans developed for each youth;\n (k) how the district will develop and implement gender specific\nprogramming and policies to meet the specialized needs of lesbian, gay,\nbisexual and transgender youth;\n (l) how the district will develop and implement programming that is\nculturally competent to meet the diverse needs of the youth;\n (m) how the district will develop and implement local programs that\nwill seek to reduce the disproportionate placement of minority youth in\nresidential programs in the juvenile justice system;\n (n) how the district will develop and implement a plan to reduce the\nnumber of youth absent without leave from placement;\n (o) how the district will develop and implement policies to serve\nyouth in the least restrictive setting consistent with the needs of\nyouth and public safety, and to avoid modifications of placements to the\noffice of children and family services;\n (p) how the district will engage in permanency and discharge planning\nfor juvenile delinquents placed in its custody including, but not\nlimited to, securing adequate housing and health insurance and education\nand employment, as appropriate;\n (q) how the district will develop and implement a comprehensive after\ncare program to provide services and supports for youth who have\nre-entered the community following a juvenile justice placement with the\ndistrict;\n (r) how the district will develop and implement policies focused on\nreducing recidivism of youth who leave the program;\n (s) how the local probation department will implement a comprehensive\npredisposition investigation process that includes, at least, the use of\nappropriate assessments to determine the cognitive,\neducational/vocational, and substance abuse needs of the youth and the\nuse of a validated risk assessment instrument, approved by the office of\nchildren and family services; and how the district will implement an\nintake process for youth placed in residential care that includes the\nuse of appropriate assessments to determine the medical, dental, mental\nand behavioral health needs of the youth; and\n (t) how the district will provide for the restrictive setting and\nprograms necessary to serve youth who need placement in a limited secure\nsetting consistent with the necessity for the protection of the health\nand safety of the juvenile delinquents in the facility and the\nsurrounding community.\n 3. (a) Prior to submitting any plan pursuant to subdivision two of\nthis section to implement a juvenile justice services close to home\ninitiative for juvenile delinquents placed in non-secure settings, the\nsocial services district shall conduct at least one public hearing on\nthe proposed plan. Any such public hearings shall only be held after\nthirty days notice has been provided in a newspaper of general\ncirculation within the jurisdiction for which the social services\ndistrict is located. The notice shall specify the times of the public\nhearing and provide information on how written comments on the plan may\nbe submitted to the district for consideration. Additionally, for a\nperiod of at least thirty days prior to a hearing, the district shall\npost on its website a notice of the hearing, a copy of the proposed\nplan, and information on how written comments on the plan may be\nsubmitted to the district for consideration.\n (b) Prior to submitting a plan pursuant to subdivision two of this\nsection to implement a juvenile justice services close to home\ninitiative for juvenile delinquents placed in limited secure settings,\nthe social services district shall:\n (i) hold at least one forum in each of the five boroughs within the\ndistrict for community members and relevant stakeholders including\npotential provider agencies to discuss, in general, the manner in which\nthe district intends to provide the residential and aftercare services\nto youth who need placement in limited secure settings in a manner to\nprotect community safety and provide appropriate services to such youth,\nand to respond to concerns and receive suggested alternatives;\n (ii) conduct at least one public hearing in each of the five boroughs\nwithin the district on the proposed plan. Such public hearings shall\nonly be held after thirty days notice has been provided in a newspaper\nof general circulation in the respective borough. The notice shall\nspecify the time of the hearing in the respective borough and provide\ninformation on how written comments on the plan may be submitted to the\ndistrict for consideration. Additionally, for a period of at least\nthirty days prior to each such hearing, the district shall post on its\nwebsite a notice of the hearing, a copy of the proposed plan, and\ninformation on how written comments on the plan may be submitted to the\ndistrict for consideration.\n 4. The social services district shall submit, with any such plan, an\nassessment of any written comments received, and any comments presented\nat the public hearing. At a minimum, such assessment shall contain:\n (a) a summary and analysis of the issues raised and significant\nalternatives suggested;\n (b) a statement of the reasons why any significant alternatives were\nnot incorporated into the plan; and\n (c) a description of any changes made to the plan as a result of such\ncomments.\nAt the time of, or prior to, the submission of each such plan to the\noffice, the social services district shall post on its website the plan\nand the assessment of comments. At the time it submits its plan to the\noffice, the social services district shall provide a copy of the plan\nand assessment of comments to the temporary president of the senate and\nthe speaker of the assembly.\n 5. The office of children and family services, in consultation with\nthe office of mental health and the office of alcoholism and substance\nabuse services, shall be authorized to request amendments to any plan\nprior to approval. For any plan that only covers juvenile delinquents\nplaced in non-secure settings, the office shall, within thirty days of\nreceiving the plan, either approve or disapprove the plan or request\namendments to the plan. If any amendments are requested to the plan, the\noffice shall approve or disapprove the plan within fifteen days of its\nresubmission with the requested amendments. For any plan that covers\njuvenile delinquents placed in limited secure settings, the office\nshall, within sixty days of receiving the plan, either approve or\ndisapprove the plan or request amendments to the plan. If any amendments\nare requested to the plan, the office shall approve or disapprove the\nplan within fifteen days of its resubmission with the requested\namendments. In no event shall the office approve such a plan for limited\nsecure settings prior to April first, two thousand thirteen.\n 6. (a) Notwithstanding any other provision of law to the contrary, if\nthe office of children and family services approves a social services\ndistrict's plan to implement a juvenile justice services close to home\ninitiative for juvenile delinquents placed in non-secure settings, such\noffice shall work with such district to identify those juvenile\ndelinquents in the office's custody residing in non-secure placements\nand those conditionally released from a facility who were placed by a\nfamily court within the jurisdiction of said social services district.\nThe office shall evaluate the placement length and the needs of such\njuvenile delinquents and, where appropriate, file a petition pursuant to\nsection 355.1 of the family court act to transfer custody of such youth\nto said social services district on the effective date of the plan, or\nas soon as appropriate thereafter, but in no event later than ninety\ndays after such effective date; provided, however, if the office\ndetermines, on a case-by-case basis, for reasons documented in writing\nsubmitted to the social services district, that a transfer within ninety\ndays of the effective date of the plan would be detrimental to the\neducation or the emotional, mental or physical health of a youth, or\nwould seriously interfere with the youth's interstate transfer or\nimminent discharge, the office shall provide an estimated time by which\nthe office expects to be able to petition for the transfer of such youth\nor to release such youth from its care, and shall notify the district\nand the attorney for the respondent of any delay of that expected date\nand the reasons for such a delay.\n (b) Notwithstanding any other provision of law to the contrary, if the\noffice approves a social services district's plan to implement a\njuvenile justice services close to home initiative for juvenile\ndelinquents placed in limited-secure settings, such office shall work\nwith such district to identify juvenile delinquents in the office's\ncustody residing in limited secure placements who were placed by a\nfamily court in the social services district. The office of children and\nfamily services shall evaluate the placement length and needs of such\njuvenile delinquents and, where appropriate, file a petition pursuant to\nsection 355.1 of the family court act to transfer custody of such youth\nto said social services district on the effective date of the plan or as\nsoon as appropriate thereafter, but in no event later than ninety days\nafter such effective date; provided, however, if the office determines,\non a case-by-case basis, for reasons documented in writing submitted to\nthe social services district, that a transfer within ninety days of the\neffective date of the plan would be detrimental to the education or the\nemotional, mental or physical health of a youth, or would seriously\ninterfere with the youth's interstate transfer or imminent discharge,\nthe office shall provide an estimated time by which the office expects\nto be able to petition for the transfer of such youth or to release such\nyouth from its care, and shall notify the district and the attorney for\nthe respondent of any delay of that expected date and the reasons for\nsuch a delay.\n 7. (a) Notwithstanding the provisions of paragraph (c) of subdivision\nfifteen of section five hundred one of the executive law, or any other\nlaw to the contrary, if the office of children and family services\napproves a social services district's plan for a juvenile justice\nservices close to home initiative to implement services for juvenile\ndelinquents placed in non-secure or limited secure settings, such office\nshall be authorized, for up to a year after the effective date of the\nfirst of any such approved plan for a district to implement services for\neach setting level, but in no event later than September first, two\nthousand fourteen: (1) to close any of its facilities in the\ncorresponding setting levels covered by the approved plan and to make\nsignificant associated service reductions and public employee staffing\nreductions and transfer operations for those setting levels to a private\nor not-for-profit entity, as determined by the commissioner of the\noffice of children and family services solely to reflect the decrease in\nthe number of juvenile delinquents placed with such office from such\nsocial services district; (2) to reduce costs to the state and other\nsocial services districts resulting from such decrease; and (3) to\nadjust services to provide regionally-based care to juvenile delinquents\nfrom other parts of the state needing services in those levels of\nresidential services. At least sixty days prior to taking any such\naction, the commissioner of the office shall provide notice of such\naction to the speaker of the assembly and the temporary president of the\nsenate and shall post such notice upon its public website. Such notice\nmay be provided at any time on or after the date the office approves a\nplan authorizing a social services district to implement programs for\njuvenile delinquents placed in the applicable setting level. Such\ncommissioner shall be authorized to conduct any and all preparatory\nactions which may be required to effectuate such closures or significant\nservice or staffing reductions and transfer of operations during such\nsixty day period. In assessing which of such facilities to close, or at\nwhich to implement any significant service reductions, public employee\nstaffing reductions and/or transfer of operations to a private or\nnot-for-profit entity, the commissioner shall consider the following\nfactors: (1) ability to provide a safe, humane and therapeutic\nenvironment for placed youth; (2) ability to meet the educational,\nmental health, substance abuse and behavioral health treatment needs of\nplaced youth; (3) community networks and partnerships that promote the\nsocial, mental, economic and behavioral development of placed youth; (4)\nfuture capacity requirements for the effective operation of youth\nfacilities; (5) the physical characteristics, conditions and costs of\noperation of the facility; and (6) the location of the facility in\nregards to costs and ease of transportation of placed youth and their\nfamilies.\n (b) Any transfers of capacity or any resulting transfer of functions\nshall be authorized to be made by the commissioner of the office of\nchildren and family services and any transfer of personnel upon such\ntransfer of capacity or transfer of functions shall be accomplished in\naccordance with the provisions of section seventy of the civil service\nlaw.\n 8. (a) Notwithstanding any other provision of law to the contrary,\neligible expenditures during the applicable time periods made by a\nsocial services district for an approved juvenile justice services close\nto home initiative shall, if approved by the department of family\nassistance, be subject to reimbursement with state funds only up to the\nextent of an annual appropriation made specifically therefor, after\nfirst deducting therefrom any federal funds properly received or to be\nreceived on account thereof; provided, however, that when such funds\nhave been exhausted, a social services district may receive state\nreimbursement from other available state appropriations for that state\nfiscal year for eligible expenditures for services that otherwise would\nbe reimbursable under such funding streams. Any claims submitted by a\nsocial services district for reimbursement for a particular state fiscal\nyear for which the social services district does not receive state\nreimbursement from the annual appropriation for the approved close to\nhome initiative may not be claimed against that district's appropriation\nfor the initiative for the next or any subsequent state fiscal year.\n (b) The department of family assistance is authorized, in its\ndiscretion, to make advances to a social services district in\nanticipation of the state reimbursement provided for in this section.\n (c) A social services district shall conduct eligibility\ndeterminations for federal and state funding and submit claims for\nreimbursement in such form and manner and at such times and for such\nperiods as the department of family assistance shall determine.\n (d) Notwithstanding any inconsistent provision of law or regulation of\nthe department of family assistance, state reimbursement shall not be\nmade for any expenditure made for the duplication of any grant or\nallowance for any period.\n (e) Claims submitted by a social services district for reimbursement\nshall be paid after deducting any expenditures defrayed by fees, third\nparty reimbursement, and any non-tax levy funds including any donated\nfunds.\n (f) The office of children and family services shall not reimburse any\nclaims for expenditures for residential services that are submitted more\nthan twenty-two months after the calendar quarter in which the\nexpenditures were made.\n (g) Notwithstanding any other provision of law, the state shall not be\nresponsible for reimbursing a social services district and a district\nshall not seek state reimbursement for any portion of any state\ndisallowance or sanction taken against the social services district, or\nany federal disallowance attributable to final federal agency decisions\nor to settlements made, when such disallowance or sanction results from\nthe failure of the social services district to comply with federal or\nstate requirements, including, but not limited to, failure to document\neligibility for the federal or state funds in the case record. To the\nextent that the social services district has sufficient claims other\nthan those that are subject to disallowance or sanction to draw down the\nfull annual appropriation, such disallowance or sanction shall not\nresult in a reduction in payment of state funds to the district unless\nthe district requests that the department use a portion of the\nappropriation toward meeting the district's responsibility to repay the\nfederal government for the disallowance or sanction and any related\ninterest payments.\n (h) Rates for residential services. (i) The office shall establish the\nrates, in accordance with section three hundred ninety-eight-a of this\nchapter, for any non-secure facilities established under an approved\njuvenile justice services close to home initiative. For any such\nnon-secure facility that will be used primarily by the social services\ndistrict with an approved close to home initiative, final authority for\nestablishment of such rates and any adjustments thereto shall reside\nwith the office, but such rates and any adjustments thereto shall be\nestablished only upon the request of, and in consultation with, such\nsocial services district.\n (ii) A social services district with an approved juvenile justice\nservices close to home initiative for juvenile delinquents placed in\nlimited secure settings shall have the authority to establish and\nadjust, on an annual or regular basis, maintenance rates for limited\nsecure facilities providing residential services under such initiative.\nSuch rates shall not be subject to the provisions of section three\nhundred ninety-eight-a of this chapter but shall be subject to maximum\ncost limits established by the office of children and family services.\n 9. Upon approval of a social services district's plan, the office of\nchildren and family services shall notify the supervising family court\njudge responsible for the family courts serving such district of the\neffective date and placement settings covered by the plan.\n (a) Beginning on the effective date of a district's approved plan that\nonly covers juvenile delinquents placed in non-secure settings, a family\ncourt judge serving in a county where such social services district is\nlocated shall only be authorized to place an adjudicated juvenile\ndelinquent in the custody of the commissioner of the office of children\nand family services for placement in a secure or limited secure facility\npursuant to section 353.3 or 353.5 of the family court act.\n (b) Beginning on the effective date of a district's approved plan to\nimplement programs for juvenile delinquents placed in limited secure\nsettings, a family court judge serving in a county where such social\nservices district is located shall only be authorized to place an\nadjudicated juvenile delinquent in the custody of the commissioner of\nthe office of children and family services for placement in a secure\nfacility pursuant to section 353.3 or 353.5 of the family court act.\n 10. If the social services district receives the necessary approval to\nimplement a close to home initiative, the district shall implement the\ninitiative in accordance with all applicable federal and state laws and\nregulations. If the social services district receives the necessary\napproval of a plan for juvenile delinquents placed in limited secure\nsettings, the office shall promulgate regulations governing the\noperation of such limited secure facilities. If such regulations are not\nadopted prior to the date that an authorized agency applies for a\nlicense to operate such a facility, the facility shall be subject to the\nexisting regulations of the office that would apply to the operation of\na foster care facility of the same size; provided, however, that the\noffice shall be authorized to grant an exception to the authorized\nagency, until such limited secure regulations are adopted, to any such\nexisting regulation that the office determines would impede the ability\nof the authorized agency to provide the restrictive setting and programs\nnecessary to serve youth who need placement in a limited secure setting\nin accordance with the approved plan. Any limited secure facility that\nis granted such a waiver shall comply with any alternate requirements\nthe office may consider necessary for the protection of the health or\nsafety of the juvenile delinquents in the facility or the surrounding\ncommunity. The office shall take all reasonable steps available to\nfinalize the adoption of regulations governing the operation of such\nlimited secure facilities no later than six months after it issues the\nfirst license for a program to provide services to juvenile delinquents\nplaced in limited secure settings but in no event shall such regulations\nbe adopted on an emergency basis.\n (a) The initiative shall be subject to the office of children and\nfamily services' ongoing oversight and monitoring including, but not\nlimited to: case record reviews; staff, family, and client interviews;\non-site inspections; review of data regarding provider performance,\nyouth and staff safety, and quality of care, which must be provided to\nthe office in order to carry out its responsibilities, in the form and\nmanner and at such times as required by the office; and continued\nlicensing and monitoring of the authorized agencies providing services\nunder the plan pursuant to this chapter.\n (b) The social services district shall provide each juvenile\ndelinquent with an appropriate level of services designed to meet his or\nher individual needs and to enhance public safety and shall provide the\noffice of children and family services with specific information as\nrequired by the office, in the format and at such times as required by\nsuch office, on the youth participating in the initiative and the\nprograms serving such youth. Such information shall be provided to the\noffice of children and family services on a monthly basis for the first\ntwelve months immediately following the implementation of the programs\nfor each level of care and shall be provided to such office on a\nquarterly basis thereafter.\n 11. The social services district shall submit an annual report to the\noffice of children and family services, the temporary president of the\nsenate and the speaker of the assembly, in the format required by such\noffice, detailing overall initiative performance. Such report shall\ninclude, but not be limited to:\n (a) number of juvenile delinquents placed with the local social\nservices district;\n (b) number of juvenile delinquents placed in a non-secure facility\nwith the social services district;\n (c) number of juvenile delinquents placed in a limited secure facility\nwith the social services district, as applicable;\n (d) demographic information about juvenile delinquents in care;\n (e) number of specialized beds in each category of specialized\nprogram;\n (f) number and nature of incident reports;\n (g) number of juvenile delinquents absent without leave per facility;\n (h) average length of stay;\n (i) number of conditionally released juvenile delinquents;\n (j) number of discharged juvenile delinquents who are subsequently\nplaced with the district;\n (k) number and nature of corrective action plans and resolutions;\n (l) number of juvenile delinquents transferred between facilities,\nincluding the number of juvenile delinquents transferred between\nnon-secure and limited-secure facilities, as applicable; and\n (m) number of petitions filed to transfer juvenile delinquents between\nthe custody of the office and the social services district.\n 12. If the office of children and family services determines that the\nsocial services district is failing to adequately provide for the\njuvenile delinquents placed under an approved plan, such office may\nrequire the social services district to submit a corrective action plan,\nfor such office's approval, demonstrating how it will rectify the\ninadequacies in the time specified by the office, but no later than\nthirty days from such request. If the office determines that the social\nservices district is failing to make sufficient progress towards\nimplementing the corrective action plan in the time and manner approved\nby the office but no later than sixty days from the date of submission\nof the corrective action plan, the office shall provide the district\nwritten notice of such determination and the basis therefor, and mandate\nthat the district take all necessary actions to implement the plan. If a\ndistrict has failed, within a reasonable time thereafter as specified by\nthe office based on the nature of the failure, which shall in no event\nexceed sixty days, to make progress implementing any regulation, or any\nother portion of such plan that is intended to prevent imminent danger\nto the health, safety or welfare of the youth being served under the\nplan, the office may withhold or set aside a portion of the funding due\nunder subdivision eight of this section until the district demonstrates\nthat sufficient progress is being made; or terminate the district's\nauthority to operate all or a portion of the juvenile justice services\nclose to home initiative, take all necessary steps to assume custody\nfor, and provide services to, the applicable juvenile delinquents being\nserved under the initiative, and discontinue funds provided to the\ndistrict for such services. The office shall not withhold, set aside or\ndiscontinue state aid to a district until written notice is given to the\ncommissioner of the district, and in the event funding is withheld, set\naside or discontinued, the district may appeal to the office, which\nshall hold a fair hearing thereon in accordance with the provisions of\nsection twenty-two of this chapter relating to fair hearings. The\ndistrict may institute a proceeding for a review of the determination of\nthe office following the fair hearing pursuant to article seventy-eight\nof the civil practice law and rules. Any funds withheld, set aside or\ndiscontinued pursuant to this provision shall be applied to address the\nproblem which was the basis for such sanction. If the office terminates\na district's authority to operate any portion of a juvenile justice\nservices close to home initiative in accordance with this subdivision,\nthe office shall notify the supervising family court judge responsible\nfor the family courts serving such district of such termination and the\neffective date of such termination.\n 13. Once a plan becomes operative pursuant to this section, the social\nservices district shall carry out the following functions, powers and\nduties with respect to placements of juvenile delinquents in accordance\nwith the provisions of such plan and all applicable federal and state\nlaws and regulations:\n (a) to enter into contracts with authorized agencies, as defined in\nsection three hundred seventy-one of this chapter, to operate and\nmaintain facilities authorized under such plan; such contracts may\ninclude such program requirements as deemed necessary by the district;\n (b) to determine the particular facility or program in which a\njuvenile delinquent placed with the district shall be cared for, based\nupon any applicable court order, pursuant to subdivision two of section\n353.3 of the family court act, and an evaluation of such juvenile\ndelinquent;\n (c) to transfer a juvenile delinquent from one facility to any other\nfacility, when the interests of such juvenile delinquent require such\naction, upon prior notice to the respondent, the attorney for the\nrespondent and the respondent's parent or legal guardian, unless an\nimmediate change of placement is necessary, in which case such notice\nshall be transmitted on the next business day; provided that, if the\ndistrict has an approved plan to implement services for juvenile\ndelinquents placed in limited secure settings, a juvenile delinquent\ntransferred to a non-secure facility from a limited secure facility may\nbe returned to a limited secure facility upon a determination by the\ndistrict that, for any reason, care and treatment at the non-secure\nfacility is no longer suitable;\n (d) to cause a juvenile delinquent under the jurisdiction of the\ndistrict who has run away from a facility run by the district or an\nauthorized agency; or is conditionally released and has violated a\ncondition of release therefrom, or if there is a change in circumstances\nand the district determines that it would be consistent with the needs\nand best interests of said juvenile delinquent and the need to protect\nthe community; to be apprehended and returned to the district, detention\nfacility, authorized agency, or program pursuant to regulations of the\noffice of children and family services; provided further that:\n (i) a social services official shall give immediate written notice to\nboth the office and the family court when any juvenile delinquent placed\nwith the social services district is absent from such placement without\nconsent;\n (ii) an authorized agency shall give immediate written notice to the\noffice, the district and the family court when any juvenile delinquent\nplaced by the district for care in such authorized agency is absent from\nsuch placement without consent;\n (iii) a magistrate may cause a runaway or conditionally released\njuvenile delinquent to be held in custody until returned to the\ndistrict;\n (e) to issue a warrant for the apprehension and return of a juvenile\ndelinquent under the jurisdiction of the district who has run away from\na facility run by the district or an authorized agency; or is\nconditionally released and has violated a condition of release\ntherefrom, or if there is a change in circumstances and the district\ndetermines that it would be consistent with the needs and best interest\nof said juvenile delinquent and the need to protect the community;\npursuant to regulations of the office of children and family services;\nprovided that:\n (i) a social services official, pursuant to the regulations of the\noffice of children and family services, shall issue a warrant directed\ngenerally to any peace officer, acting pursuant to such officer's\nspecial duties, or police officer in the state for the apprehension and\nreturn of any runaway or conditionally released juvenile delinquent\nunder the jurisdiction of the district and such warrant shall be\nexecuted by any peace officer, acting pursuant to such officer's special\nduties, or police officer to whom it may be delivered; the social\nservices district also shall provide relevant law enforcement agencies\nwithin forty-eight hours with any photographs of any runaway or\nconditionally released juvenile delinquent for whom a warrant is issued,\ntogether with any pertinent information relative to such juvenile\ndelinquent; such photographs shall remain the property of the social\nservices district and shall be kept confidential for use solely in the\napprehension of such juvenile delinquent and shall be returned promptly\nto the district upon apprehension of such juvenile delinquent, or upon\nthe demand of the district;\n (f) to authorize an employee designated by the social services\ndistrict, without a warrant, to apprehend a runaway or conditionally\nreleased juvenile delinquent under the jurisdiction of the district who\nhas run away from a facility run by the district or an authorized\nagency; or is conditionally released and has violated a condition of\nrelease therefrom, or if there is a change in circumstances and the\ndistrict determines that it would be consistent with the needs and best\ninterests of said juvenile delinquent and the need to protect the\ncommunity; in any county in this state whose return has been ordered by\nthe district pursuant to the regulations of the office, and return said\njuvenile delinquent to any appropriate social services district,\ndetention facility, authorized agency or program;\n (g) pursuant to the regulations of the office of children and family\nservices, to develop and operate programs for youth placed or referred\nto the district or in conjunction with an order provided in accordance\nwith section 353.6 of the family court act;\n (h) upon the placement of any juvenile delinquent eighteen years of\nage or older, or upon the eighteenth birthday of any youth placed in the\ncustody of the social services district for an adjudication of juvenile\ndelinquency for having committed an act which if committed by an adult\nwould constitute a felony, and still in the custody of the social\nservices district, to notify the division of criminal justice services\nof such placement or birthday. Provided, however, in the case of a youth\neleven or twelve years of age at the time the act or acts were\ncommitted, the division of criminal justice services shall not be\nprovided with the youth's name, unless the acts committed by such youth\nwould constitute a class A or B felony. Upon the subsequent discharge it\nshall be the duty of the social services district to notify the division\nof criminal justice services of that fact and the date of discharge. For\nthe purposes of this paragraph, a youth's age shall be determined to be\nthe age stated in the placement order;\n (i) to provide juvenile delinquents in residential placements with\nreasonable and appropriate visitation by family members and consultation\nwith their legal representative in accordance with the regulations of\nthe office of children and family services; and\n (j) to provide residential care in programs subject to the regulations\nof the office of children and family services, for infants born to or\nbeing nursed by female juvenile delinquents placed with the district;\nresidential care for such an infant may be provided for such period of\ntime as is deemed desirable for the welfare of the mother or infant.\n 14. The following persons shall be authorized to visit, at their\npleasure, all programs operated by a social services district pursuant\nto, or in accordance with this section: the governor; lieutenant\ngovernor; comptroller; attorney general; members of the legislature;\njudges of the court of appeals; judges from supreme court, family court\nand county courts and district attorneys, county attorneys and attorneys\nemployed in the office of the corporation counsel having jurisdiction\nwithin the applicable social services district or county where a program\nis located; and any person or agency otherwise authorized by statute.\n 15. A juvenile delinquent in the care of the social services district\nwho attends public school while in residence at a facility shall be\ndeemed a resident of the school district where the youth's parent or\nguardian resides at the commencement of each school year for the purpose\nof determining which school district shall be responsible for the\nyouth's tuition.\n 16. The social services district shall be permitted to appear as\namicus in any action involving an appeal from a decision of any court of\nthis state that relates to programs, conditions or services provided by\nsuch district or any authorized agency with which the district has\nplaced a juvenile delinquent pursuant to this section. Written notice\nshall be given by the corporation counsel of the city of New York, or\ncounty attorney, as applicable, to the parties to the appeal when such\namicus status is requested.\n 17. Notwithstanding any provision of law to the contrary, the social\nservices district may delay acceptance of a juvenile delinquent in\ndetention who is placed in the district's custody in accordance with the\nregulations of the office of children and family services; provided,\nhowever, that where the juvenile delinquent is in detention, such delay\nmay not exceed fifteen days from the date the placement was made except\nas provided for in subdivision three of section three hundred\nninety-eight of this article.\n 18. No order that places a juvenile delinquent in the custody of the\nsocial services district that recites the facts upon which it is based\nshall be deemed or held to be invalid by reason of any imperfection or\ndefect in form.\n * NB Repealed March 31, 2028\n