§ 304.1. Detention. 1. A facility certified by the office of children\nand family services as a juvenile detention facility must be operated in\nconformity with the regulations of the office of children and family\nservices.\n 2. No child to whom the provisions of this article may apply shall be\ndetained in any prison, jail, lockup, or other place used for adults\nconvicted of crime or under arrest and charged with crime without the\napproval of the office of children and family services in the case of\neach child and the statement of its reasons therefor. The office of\nchildren and family services shall promulgate and publish the rules\nwhich it shall apply in determining whether approval should be granted\npursuant to this subdivision.\n 3. The detention of a child under thirteen years of age in a secure\ndetention facility shall not be directed, unless such child is at least\nten years old and is considered a juvenile delinquent pursuant to\nsubparagraph (iii) of paragraph (a) of subdivision one of section 301.2\nof this article, nor shall the detention of a child adjudicated solely\nfor an act that would constitute a violation as defined in subdivision\nthree of section 10.00 of the penal law, be directed under any of the\nprovisions of this article.\n 4. A detention facility which receives a child under subdivision four\nof section 305.2 of this part shall immediately notify the child's\nparent or other person legally responsible for his or her care or, if\nsuch legally responsible person is unavailable the person with whom the\nchild resides, that he or she has been placed in detention.\n
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