New York Executive Code § 504

Division facilities
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§ 504. Division facilities. 1. The office of children and family\nservices shall operate and maintain secure, limited secure and\nnon-secure facilities for the care, custody, treatment, housing,\neducation, rehabilitation and guidance of youth placed with or committed\nto the office of children and family services.\n  2. Each separate facility may bear the name, designated by the\ndivision, of an individual known for outstanding service to youth.\n  3. A youth attending a local public school while in residence at a\ndivision facility shall be deemed a resident of the school district\nwhere the youth's parent or guardian resides at the commencement of each\nschool year for the purpose of determining which school district shall\nbe responsible for the youth's tuition.\n  4. The division shall determine the particular division facility or\nprogram in which a child placed with the division shall be cared for,\nbased upon an evaluation of such child. The division shall also have\nauthority to discharge or conditionally release children placed with it\nand to transfer such children from a limited secure or non-secure\nfacility to any other limited secure or non-secure facility, when the\ninterest of such children requires such action; provided that a child\ntransferred to a non-secure facility from a limited secure facility may\nbe returned to a limited secure facility upon a determination by the\ndivision that, for any reason, care and treatment at the non-secure\nfacility is no longer suitable.\n

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