New York FCT Code § 353.3

Placement
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§ 353.3 Placement. 1. In accordance with section 352.2 of this part,\nthe court may place the respondent in his or her own home or in the\ncustody of a suitable relative or other suitable private person or the\ncommissioner of the local social services district or the office of\nchildren and family services pursuant to article nineteen-G of the\nexecutive law, subject to the orders of the court.\n  2. * Where the respondent is placed with the commissioner of the local\nsocial services district, the court may (i) in a social services\ndistrict operating an approved juvenile justice services close to home\ninitiative pursuant to section four hundred four of the social services\nlaw, direct the commissioner to provide services necessary to meet the\nneeds of the respondent, provided that such services are authorized or\nrequired to be made available pursuant to the approved plan to implement\na juvenile justice close to home initiative then in effect and the\ncommissioner shall notify the court and the attorney for the respondent\nof the authorized agency that such respondent was placed in; or (ii) in\na social services district that is not operating an approved juvenile\njustice services close to home initiative pursuant to section four\nhundred four of the social services law, direct the commissioner to\nplace him or her with an authorized agency or class of authorized\nagencies,; and if the court finds that the respondent placed with a\nsocial services district pursuant to this subdivision is a sexually\nexploited child as defined in subdivision one of section four hundred\nforty-seven-a of the social services law, the court may place such\nrespondent in an available long-term safe house. Unless the\ndispositional order provides otherwise, the court so directing shall\ninclude one of the following alternatives to apply in the event that the\ncommissioner is unable to so place the respondent:\n  * NB Effective until March 31, 2028\n  * Where the respondent is placed with the commissioner of the local\nsocial services district, the court may direct the commissioner to place\nhim or her with an authorized agency or class of authorized agencies,\nincluding, if the court finds that the respondent is a sexually\nexploited child as defined in subdivision one of section four hundred\nforty-seven-a of the social services law, an available long-term safe\nhouse. Unless the dispositional order provides otherwise, the court so\ndirecting shall include one of the following alternatives to apply in\nthe event that the commissioner is unable to so place the respondent:\n  * NB Effective March 31, 2028\n  (a) the commissioner shall apply to the court for an order to stay,\nmodify, set aside, or vacate such directive pursuant to the provisions\nof section 355.1 of this part; or\n  (b) the commissioner shall return the respondent to the family court\nfor a new dispositional hearing and order.\n  * 2-a. Notwithstanding any inconsistent provision of law to the\ncontrary, and pursuant to subdivision two of this section in a district\noperating an approved juvenile justice services close to home initiative\npursuant to section four hundred four of the social services law:\n  (a) beginning on the effective date of the district's approved plan\nthat only covers juvenile delinquents placed in non-secure settings, the\ncourt may only place the respondent:\n  (i) in the custody of the commissioner of the local social services\ndistrict for placement in a non-secure level of care; or\n  (ii) in the custody of the commissioner of the office of children and\nfamily services for placement in a limited secure or secure level of\ncare; and\n  (b) beginning on the effective date of the district's approved plan to\nimplement programs for youth placed in limited secure settings, the\ncourt may only place the respondent:\n  (i) in the custody of the commissioner of the local social services\ndistrict for placement in:\n  (A) a non-secure level of care;\n  (B) a l

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