section as renumbered by section thirteen of this act, is amended to read as follows:

§ 510-c. Discharge from custody. 1. The division may discharge from its custody any child placed with the division whenever it deems such discharge to be in the best interest of the child and [that] there is reasonable probability that the child can be [released] discharged without endangering the public safety; provided, however, that no child while absent from a [school or center] division facility without the consent of the [superintendent or] director of such facility shall be discharged by the division solely by reason of the absence, and provided further that no child in the custody of the division and transferred to the department of mental hygiene, while absent from a department of mental hygiene facility without the consent of the superintendent or director of such facility, shall be discharged by the division. [The division shall establish regulations in connection with such discharge. ]

2. Except as provided in subdivision three of this section, any child who has been placed with the division shall be deemed to have been discharged therefrom if, during the period provided in the order of placement or extension thereof, [he] the child is convicted of a crime or adjudicated a youthful offender, and is committed to an institution in the department of correctional services or department of mental hygiene, receives a one year sentence in a local correctional facility.

or

3. A child placed with the division pursuant to a restrictive placement under the family court act shall not be discharged solely by reason of conviction for a crime or adjudication as a juvenile delinquent or youthful offender[;], nor shall any such child be discharged except pursuant to section 353.5 of the family court act.

4. Upon the placement of any child eighteen years of age or over, or upon the eighteenth birthday of any child placed in the custody of the division for an adjudication of juvenile delinquency for having committed an act which if committed by an adult would constitute a felony, and still in the custody of the division, the division shall notify the division of criminal justice services of such placement or birthday provided, however, in the case of a child eleven or twelve years of age at the time the act or acts were committed, the division of criminal justice services shall not be [notified only if] provided with the child's name, unless the acts committed by such child would constitute a class A or B felony. Upon the subsequent discharge of said child it shall be the duty of the division to notify the division of criminal justice services of that fact and the date of discharge. For the purposes of this subdivision, a child's age shall be determined to be the age stated in the placement order [pursuant to subdivision three of section five hundred nineteen of this article].

[5. When a child who is placed with the division pursuant to article three or seven of the family court act or committed pursuant to the penal law is absent from a school, youth center or center without the consent of the superintendent or director of such facility, the absence shall interrupt the calculation of the time of such placement or commitment and such interruption shall continue until the return of the child to the school, youth center or center in which the child was placed or committed. Any time spent by such child in custody from the date of absence to the date the placement pursuant to article three or seven of the family court act or commitment pursuant to the penal law resumes shall be credited against the time of such placement or commitment provided:

(a) That such custody was due to an arrest or surrender based upon the absence; or

(b) That such custody arose from an arrest or surrender on another charge which did not culminate in a conviction, adjudication or adjustment. ]

§ 24. The title heading of title 3 of article 19-G of the executive law as added by chapter 947 of the laws of 1971, is amended to read as follows: [STATE SCHOOLS AND CENTERS: DETENTION FACILITIES] PROGRAMS AND SERVICES FOR YOUTH

§ 25. Section 512 of the executive law, as added by chapter 947 of the laws of 1971 and such section as renumbered by section thirteen of this act, is amended to read as follows:

§ 512. Weekly allowances; work experience. 1. Every child being cared for in a [school or center] division facility may receive a weekly allowance approved by the director of the budget, in accordance with regu

lations of the division, as compensation for work or services performed in [school or center programs] a division facility. Such weekly allowance shall be paid from moneys appropriated to the division for maintenance and operation.

2. A child who is being cared for in a [school or center] division facility may, with the permission of the [superintendent or the center] facility director, work outside of such [school or center] facility when attendance upon instruction is not required pursuant to the education law. No such child may be permitted to work unless the conditions of work, including wages, meet the standards therefor prescribed pursuant to the labor law. The [superintendent or center] facility director may require that a part of the wages of such child, not to exceed twentyfive [percentum] per centum thereof, be deposited in a general welfare fund to be utilized for the benefit of all children in such [school or center] facility.

26. Section 512-a of the executive law, as amended by chapter 831 of the laws of 1963 and such section as renumbered by section thirteen of this act, is amended to read as follows:

§ 512-a. Earnings of youth. The division for youth may grant compensation to youth for work performed in [youth center] division facility programs, or pursuant to work programs in accordance with rules and regulations established by the division for youth and approved by the director of the budget. Such rules and regulations need not be uniform as to each [center] program and may establish, on the basis of work performed, the amount of compensation to be paid and the manner in which it is to be paid to each youth, or paid to [his] the youth's dependents, or credited to [his] the youth's account until his or her discharge from such program. Such compensation may be paid from moneys appropriated to the division for youth for maintenance and operation.

§ 27. Section 516 of the executive law, as added by chapter 502 of the laws of 1985 and such section as renumbered by section thirteen of this act, is amended to read as follows:

§ 516. Care of infants by division for youth. The division for youth is authorized to provide residential care in [youth centers, schools and centers, division facilities subject to the regulations of the division, for infants born to or being nursed by female residents placed with the division. Residential care for such an infant may be provided for such period of time as is deemed desirable for the welfare of the mother or infant.

§ 28. Section 517 of the executive law, as added by chapter 217 of the laws of 1970 and such section as renumbered by section thirteen of this act, is amended to read as follows:

517. Commissaries. The director of the division for youth may authorize the [head] director of any [youth center] facility operated by the division to establish a commissary in such facility for the use [and benefit] of [resident children] residents and employees. The moneys received by the director of the division from the sales of the commissary shall be deposited in a special fund to be known as the commissary fund and such funds shall be used for the general purposes of the facilities subject to the provisions of section fifty-three of the state finance law. § 29. The executive law is amended by adding a new section 519 to read as follows: § 519. Persons authorized to visit division facilities. 1. The following persons shall be authorized to visit at pleasure all facilities operated by the division: the governor, lieutenant governor, commissioner of general services, secretary of state, comptroller, attorney general, members of the legislature, judges of the court of appeals, supreme court, family court, and county courts, district attorneys, county attorneys, and any person or agency otherwise authorized by

statute.

2. The director of the division shall promulgate rules and regulations setting forth the policy of the division regarding visitation of division facilities and residents therein by persons other than those listed in subdivision one of this section. The overall security and uninterrupted operation of such facilities and the safety and well being of the staff and residents therein shall be given due consideration in the formulation of these rules and regulations for visitation as necessary to ensure such security, safety and facility operation. Such regulations EXPLANATION-Matter in italics is new; matter in brackets [] is old law

shall include provisions regarding reasonable and appropriate visitation by family members and consultation by the youth's legal representative. § 30. The closing paragraph of subdivision 2-a of section 530 of the executive law, as added by chapter 419 of the laws of 1987, is amended to read as follows:

Notwithstanding the provisions of this subdivision, section three hundred ninety-eight-a of the social services law shall not apply to facilities certified by the division pursuant to section [five hundred ten-a] five hundred three of this chapter.

§ 31. Subdivision 7 of section 530 of the executive law, as amended by chapter 920 of the laws of 1982, is amended to read as follows:

7. Expenditures made by the division for youth in providing care, maintenance and supervision to youth in secure detention facilities certified pursuant to sections seven hundred twenty-four and 305. 2 of the family court act and established, operated and maintained by the division for youth, pursuant to section [five hundred ten-a] five hundred three of this article, shall be subject to reimbursement by the social services district to the state, in accordance with division regulations, as follows: fifty percent of the amount expended by the division for thé care, maintenance and supervision of local charges. section 301. 2 of the family court act, as amended by chapter 419 of the laws of 1987, is amended to read follows:

§ 32. Subdivision 3 of

as

3. "Detention" means the temporary care and maintenance of children away from their own homes, as defined in [subdivision one of section five hundred ten-a] section five hundred two of the executive law. Detention of a person alleged to be or adjudicated as a juvenile delinquent shall be authorized only in a facility certified by the division for youth as a detention facility pursuant to section [five hundred ten-a] five hundred three of the executive law.

§ 33. Paragraph (b) of subdivision 2 of section 352. 2 of the family court act, as amended by chapter 198 of the laws of 1991, is amended to

read as follows:

(b) In an order of disposition entered pursuant to section 353.3 or 353.4 of this chapter, or where the court has determined pursuant to section 353.5 of this chapter that restrictive placement is not required, which order places the respondent with the commissioner of social services or with the division for youth for placement with an authorized agency or class of authorized agencies or in such [schools, centers or youth centers operated and maintained] facilities designated by the division for youth as are eligible for federal reimbursement pursuant to title IV-E of the social security act, the court in its order shall determine (i) that continuation in the respondent's home would be contrary to the best interests of the respondent; or in the case of a respondent for whom the court has determined that continuation in his or her home would not be contrary to the best interests of the respondent, that continuation in the respondent's home would be contrary to the need for protection of the community; (ii) that where appropriate, and where consistent with the need for protection of the community, reasonable efforts were made prior to the date of the dispositional hearing to prevent or eliminate the need for removal of the respondent from his or her home. If the court determines that reasonable efforts to prevent or eliminate the need for removal of the child from the home were not made but that the lack of such efforts was appropriate under the circumstances, or consistent with the need for protection of the community, or both, the court order shall include such a finding; and (iii) in the case of a child who has attained the age of sixteen, the services needed, if any, to assist the child to make the transition from foster care to independent living.

§ 34. Paragraph (f) of subdivision 3 of section 353. 2 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows:

(f) with the consent of the division [of] for youth, spend a specified portion of the probation period, not exceeding one year, in a non-secure facility provided by the division for youth pursuant to [subdivision two of section five hundred two] article nineteen-G of the executive law. § 35. Paragraphs (a), (b) and (c) of subdivision 3 and subdivision 4 of section 353.3 of the family court act, as added by chapter 920 of the laws of 1982, are amended to read as follows:

(a) place the respondent in a secure facility without a further hearing at any time or from time to time during the first sixty days of residency in division for youth facilities. Notwithstanding the discre

tion of the division to place the respondent in a secure facility at any time during the first sixty days of residency in a division for youth facility, the respondent may be placed in a non-secure facility. In the event that the division desires to transfer a respondent to a secure facility at any time after the first sixty days of residency in division facilities, a hearing shall be held pursuant to subdivision three of section [five hundred fifteen-a] five hundred four-a of the executive law; or

(b) place the respondent in a [school or center pursuant to the provisions of sections five hundred ten and five hundred eleven of the executive law limited secure facility. The respondent may be transferred by the division to a secure facility after a hearing is held pursuant to [subdivision three of] section [five hundred fifteen-a] five hundred four-a of the executive law; provided, however, that during the first [sixty] twenty days of residency in division facilities, the respondent shall not be transferred to a secure facility unless [he] the respondent has committed an act or acts which are exceptionally dangerous to [himself] the respondent or to others; or

(c) place the respondent in a [youth center pursuant to the provisions of section five hundred two of the executive law] non-secure facility. No respondent placed pursuant to this paragraph may be transferred by the division for youth to a secure facility.

4. Where the respondent is placed with the division for youth, the court may direct [or authorize] the division to place [him] the respondent with an authorized agency or class of authorized agencies and[, in such case, it shall include one of the following alternatives to apply] in the event the division is unable to so place the respondent or [in the event the placement with the authorized agency is discontinued:

(a) the division shall apply to the court for an order to stay, modify, set aside or vacate such directive pursuant to the provisions of section 355. 1; or

(b) the division shall return the respondent to the family court for a new dispositional hearing and order], discontinues the placement with the authorized agency, the respondent shall be deemed to have been placed with the division pursuant to paragraph (b) or (c) of subdivision three of this section. In such cases, the division shall notify the court, presentment agency, law guardian and parent or other person responsible for the respondent's care, of the reason for discontinuing the placement with the authorized agency and the level and location the youth's placement.

of

36. Subdivision 1 of section 353.4 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. If at the conclusion of the dispositional hearing and in accordance with section 352.2 the court finds that the respondent has a mental illness, mental retardation or developmental disability, as defined in section 1.03 of the mental hygiene law, which is likely to result in serious harm to himself or others, the court may issue an order placing such respondent with the division for youth or, with the consent of the local commissioner, with a local commissioner of social services. Any such order shall direct the temporary transfer for admission of the respondent to the custody of either the commissioner of mental health or the commissioner of mental retardation and developmental disabilities who shall arrange the admission of the respondent to the appropriate facility of the department of mental hygiene. The director of a hospital operated by the office of mental health may, subject to the provisions of section 9.51 of the mental hygiene law, transfer a person admitted to the hospital pursuant to this subdivision to a residential treatment facility for children and youth, as that term is defined in section 1.03 of the mental hygiene law, if care and treatment in such a facility would more appropriately meet the needs of the respondent. Persons temporarily transferred to such custody under this provision may be retained for care and treatment for a period of up to one year and whenever appropriate shall be transferred back to the division for youth pursuant to the provisions of [subdivision four of] section [five hundred seventeen] five hundred nine of the executive law or transferred back to the local commissioner of social services. Within thirty days of such transfer back, application shall be made by the division for youth or the local commissioner of social services to the placing court to conduct a further dispositional hearing at which the court may make any EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

order authorized under section 352.2, except that the period of any further order of disposition shall take into account the period of placement hereunder. Likelihood to result in serious harm shall mean (a) substantial risk of physical harm to himself as manifested by threats or attempts at suicide or serious bodily harm or other conduct demonstrating he is dangerous to himself or (b) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious bodily harm.

§ 37. Paragraph (c) of subdivision 2 of section 353.4 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows:

(c) During such temporary transfer, the respondent shall continue to be under restrictive placement with the division for youth. Whenever the respondent is transferred back to the division the conditions of the placement as set forth in section 353.5 shall apply. Time spent by the respondent in the custody of the commissioner of mental health or the commissioner of mental retardation and developmental disabilities shall be credited and applied towards the period of [secure and residential] placement [as the case may be].

§ 38. Subdivision (b) of section 712 of the family court act, as amended by chapter 419 of the laws of 1987, is amended to read as follows:

(b) "Detention". The temporary care and maintenance of children away from their own homes as defined in [subdivision one of section five hundred ten-a] section five hundred two of the executive law.

§ 39. Paragraph (iii) of subdivision (a) of section 756 of the family court act, as amended by chapter 920 of the laws of 1982, is amended to read as follows:

(iii) Where the child is placed with the division for youth, the court shall, unless it directs the division to place the child with an authorized agency or class of authorized agencies pursuant to paragraph (iv) hereof [authorize the division to do the following: place a child adjudicated as a person in need of supervision in a youth center pursuant to the provisions of section five hundred two] direct that the child be delivered to a non-secure facility in accordance with the provisions of article nineteen-G of the executive law. No child placed pursuant to this paragraph may be transferred by the division for youth to a secure facility.

§ 40. Paragraph (iv) of subdivision (a) of section 756 of the family court act, as amended by chapter 920 of the laws of 1982, is amended to read as follows:

(iv) Where the child is placed with the division for youth, the court may direct [or authorize] the division to place the child with an authorized agency or class of authorized agencies [and, in such case, it shall include one of the following alternatives to apply in]. In the event the division is unable to so place the child, or [in the event the placement with the authorized agency is discontinued:

(1) the division shall apply to the court for an order to stay, modify, set aside or vacate such directive pursuant to the provisions of section seven hundred sixty-two or seven hundred sixty-three; or

(2) the division shall return the child to the family court for a new dispositional hearing and order], discontinues the placement with the authorized agency, the child shall be deemed to have been placed with the division pursuant to paragraph (iii) of this subdivision. In such cases, the division shall notify the court, presentment agency, law guardian and the parent or other person responsible for the respondent's care, of the reason for discontinuing the placement with the authorized agency and the location where the child is placed.

§ 41. The opening paragraph of subdivision A of section 218-a of the county law as amended by chapter 920 of the laws of 1982, is amended to read as follows: To assure that suitable and conveniently accessible accommodations and proper and adequate detention [care] in secure and non-secure detention facilities, as defined in section [five hundred ten-a] five hundred two of the executive law and the regulations of the division for youth, [which regulations shall not require any county to provide temporary care in a secure detention facility for residents of any other county except upon a space available basis,] will be available when required for the temporary care, maintenance and security of alleged and convicted juvenile offenders, alleged and adjudicated juvenile delinquents and alleged and adjudicated persons in need of supervision [requiring