§ 355.1. New hearing; staying, modifying or terminating an order. 1.\nUpon a showing of a substantial change of circumstances, the court may\non its own motion or on motion of the respondent or his parent or person\nresponsible for his care:\n (a) grant a new fact-finding or dispositional hearing; or\n (b) stay execution of, set aside, modify, terminate or vacate any\norder issued in the course of a proceeding under this article.\n * 2. An order issued under section 353.3, may, upon a showing of a\nsubstantial change of circumstances, be set aside, modified, vacated or\nterminated upon motion of the commissioner of social services or the\noffice of children and family services with whom the respondent has been\nplaced.\n (a)(i) For a social services district that only has an approved plan\nto implement programs for juvenile delinquents placed in non-secure\nsettings as part of an approved juvenile justice services close to home\ninitiative pursuant to section four hundred four of the social services\nlaw, beginning on the effective date of that plan, if the district\ndetermines that placement in a limited secure facility is appropriate\nand consistent with the need for protection of the community and the\nneeds and best interests of the respondent placed into its care, the\nsocial services district shall file a petition to transfer the custody\nof the respondent to the office of children and family services, and\nshall provide a copy of such petition to such office, the respondent,\nthe attorney for the respondent and the respondent's parent or legal\nguardian. The court shall render a decision whether the juvenile\ndelinquent should be transferred to the office within seventy-two hours,\nexcluding weekends and public holidays. The family court shall, after\nallowing the office of children and family services and the attorney for\nthe respondent, after notice having been given, an opportunity to be\nheard, grant such a petition only if the court determines, and states in\nits written order, the reasons why a limited secure placement is\nnecessary and consistent with the needs and best interests of the\nrespondent and the need for protection of the community.\n (ii) For a social services district with an approved plan or approved\nplans that cover juvenile delinquents placed in non-secure or in\nnon-secure and in limited secure settings as part of an approved\njuvenile justice services close to home initiative pursuant to section\nfour hundred four of the social services law, beginning on the effective\ndate of the plan, if the district determines that a secure level of\nplacement is appropriate and consistent with the need for protection of\nthe community and the needs and best interests of the respondent placed\ninto its care, the social services district shall file a petition to\ntransfer the custody of the respondent to the office of children and\nfamily services, and shall provide a copy of such petition to such\noffice, the respondent, the attorney for the respondent and the\nrespondent's parent or legal guardian. The court shall render a decision\nwhether the youth should be transferred within seventy-two hours,\nexcluding weekends and public holidays. The family court shall, after\nallowing the office of children and family services and the attorney for\nthe respondent, after notice having been given, an opportunity to be\nheard, grant such a petition only if the court determines, and states in\nits written order, that the youth needs a secure level of placement\nbecause:\n (A) the respondent has been shown to be exceptionally dangerous to\nhimself or herself or to other persons. Exceptionally dangerous behavior\nmay include, but is not limited to, one or more serious intentional\nassaults, sexual assaults or setting fires; or\n (B) the respondent has demonstrated by a pattern of behavior that he\nor she needs a more structured setting and the social services district\nhas considered the appropriateness and avail
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