§ 353.3 Placement. 1. In accordance with section 352.2 of this part,
the court may place the respondent in his or her own home or in the
custody of a suitable relative or other suitable private person or the
commissioner of the local social services district or the office of
children and family services pursuant to article nineteen-G of the
executive law, subject to the orders of the court.

2. * Where the respondent is placed with the commissioner of the local
social services district, the court may (i) in a social services
district operating an approved juvenile justice services close to home
initiative pursuant to section four hundred four of the social services
law, direct the commissioner to provide services necessary to meet the
needs of the respondent, provided that such services are authorized or
required to be made available pursuant to the approved plan to implement
a juvenile justice close to home initiative then in effect and the
commissioner shall notify the court and the attorney for the respondent
of the authorized agency that such respondent was placed in; or (ii) in
a social services district that is not operating an approved juvenile
justice services close to home initiative pursuant to section four
hundred four of the social services law, direct the commissioner to
place him or her with an authorized agency or class of authorized
agencies,; and if the court finds that the respondent placed with a
social services district pursuant to this subdivision is a sexually
exploited child as defined in subdivision one of section four hundred
forty-seven-a of the social services law, the court may place such
respondent in an available long-term safe house. Unless the
dispositional order provides otherwise, the court so directing shall
include one of the following alternatives to apply in the event that the
commissioner is unable to so place the respondent:

* NB Effective until March 31, 2028

* Where the respondent is placed with the commissioner of the local
social services district, the court may direct the commissioner to place
him or her with an authorized agency or class of authorized agencies,
including, if the court finds that the respondent is a sexually
exploited child as defined in subdivision one of section four hundred
forty-seven-a of the social services law, an available long-term safe
house. Unless the dispositional order provides otherwise, the court so
directing shall include one of the following alternatives to apply in
the event that the commissioner is unable to so place the respondent:

* NB Effective March 31, 2028

(a) the commissioner 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 of this part; or

(b) the commissioner shall return the respondent to the family court
for a new dispositional hearing and order.

* 2-a. Notwithstanding any inconsistent provision of law to the
contrary, and pursuant to subdivision two of this section in a district
operating an approved juvenile justice services close to home initiative
pursuant to section four hundred four of the social services law:

(a) beginning on the effective date of the district's approved plan
that only covers juvenile delinquents placed in non-secure settings, the
court may only place the respondent:

(i) in the custody of the commissioner of the local social services
district for placement in a non-secure level of care; or

(ii) in the custody of the commissioner of the office of children and
family services for placement in a limited secure or secure level of
care; and

(b) beginning on the effective date of the district's approved plan to
implement programs for youth placed in limited secure settings, the
court may only place the respondent:

(i) in the custody of the commissioner of the local social services
district for placement in:

(A) a non-secure level of care;

(B) a limited secure level of care; or

(C) either a non-secure or limited secure level of care, as determined
by such commissioner; or

(ii) in the custody of the commissioner of the office of children and
family services for placement in a secure level of care.

* NB Repealed March 31, 2028

3. Where the respondent is placed with the office of children and
family services, the court shall, unless it directs the office to place
him or her with an authorized agency or class of authorized agencies,
including if the court finds that the respondent is a sexually exploited
child as defined in subdivision one of section four hundred
forty-seven-a of the social services law, an available long-term safe
house pursuant to subdivision four of this section, authorize the office
to do one of the following:

(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 office of children and family services facilities.
Notwithstanding the discretion of the office to place the respondent in
a secure facility at any time during the first sixty days of residency
in a office of children and family services facility, the respondent may
be placed in a non-secure facility. In the event that the office desires
to transfer a respondent to a secure facility at any time after the
first sixty days of residency in office facilities, a hearing shall be
held pursuant to subdivision three of section five hundred four-a of the
executive law; or

(b) place the respondent in a limited secure facility. The respondent
may be transferred by the office to a secure facility after a hearing is
held pursuant to section five hundred four-a of the executive law;
provided, however, that during the first twenty days of residency in
office facilities, the respondent shall not be transferred to a secure
facility unless the respondent has committed an act or acts which are
exceptionally dangerous to the respondent or to others; or

(c) place the respondent in a non-secure facility. No respondent
placed pursuant to this paragraph may be transferred by the office of
children and family services to a secure facility.

4. Where the respondent is placed with the office of children and
family services, the court may direct the office to place the respondent
with an authorized agency or class of authorized agencies, including, if
the court finds that the respondent is a sexually exploited child as
defined in subdivision one of section four hundred forty-seven-a of the
social services law, an available long-term safe house, and in the event
the office is unable to so place the respondent or, discontinues the
placement with the authorized agency, the respondent shall be deemed to
have been placed with the office pursuant to paragraph (b) or (c) of
subdivision three of this section. In such cases, the office shall
notify the court, presentment agency, respondent's attorney 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 of the youth's placement.

5. If the respondent has committed a felony the initial period of
placement shall not exceed eighteen months. If the respondent has
committed a misdemeanor such initial period of placement shall not
exceed twelve months. If the respondent has been in detention pending
disposition, the initial period of placement ordered under this section
shall be credited with and diminished by the amount of time spent by the
respondent in detention prior to the commencement of the placement
unless the court finds that all or part of such credit would not serve
the needs and best interests of the respondent or the need for
protection of the community.

6. The court may at any time conduct a hearing in accordance with
section 355.1 of this part concerning the need for continuing a
placement.

7. The place in which or the person with whom the respondent has been
placed under this section shall submit a report to the court,
respondent's attorney of record, and presentment agency at the
conclusion of the placement period, except as provided in paragraphs (a)
and (b) of this subdivision. Such report shall include recommendations
and such supporting data as is appropriate. The court may extend a
placement pursuant to section 355.3 of this part.

(a) Where the respondent is placed pursuant to subdivision two or
three of this section and where the agency is not seeking an extension
of the placement pursuant to section 355.3 of this part, such report
shall be submitted not later than thirty days prior to the conclusion of
the placement.

(b) Where the respondent is placed pursuant to subdivision two or
three of this section and where the agency is seeking an extension of
the placement pursuant to section 355.3 of this part and a permanency
hearing pursuant to section 355.5 of this part, such report shall be
submitted not later than sixty days prior to the date on which the
permanency hearing must be held and shall be annexed to the petition for
a permanency hearing and extension of placement.

(c) Where the respondent is placed pursuant to subdivision two or
three of this section, such report shall contain a plan for the release,
or conditional release (pursuant to section five hundred ten-a of the
executive law), of the respondent to the custody of his or her parent or
other person legally responsible, or to another permanency alternative
as provided in paragraph (d) of subdivision seven of section 355.5 of
this part. If the respondent is subject to article sixty-five of the
education law or elects to participate in an educational program leading
to a high school diploma, such plan shall include, but not be limited
to, the steps that the agency with which the respondent is placed has
taken and will be taking to facilitate the enrollment of the respondent
in a school or educational program leading to a high school diploma
following release, or, if such release occurs during the summer recess,
upon the commencement of the next school term. If the respondent is not
subject to article sixty-five of the education law and does not elect to
participate in an educational program leading to a high school diploma,
such plan shall include, but not be limited to, the steps that the
agency with which the respondent is placed has taken and will be taking
to assist the respondent to become gainfully employed or enrolled in a
vocational program following release.

8. In its discretion, the court may recommend restitution or require
services for the public good pursuant to section 353.6 of this part in
conjunction with an order of placement.

* 9. If the court places a respondent with the office of children and
family services, or with a social services district with an approved
plan to implement a juvenile justice services close to home initiative
under section four hundred four of the social services law, pursuant to
this section after finding that such respondent committed a felony, the
court may, in its discretion, further order that such respondent shall
be confined in a residential facility for a minimum period set by the
order, not to exceed six months.

* NB Effective until March 31, 2028

* 9. If the court places a respondent with the office of children and
family services pursuant to this section after finding that such child
committed a felony, the court may, in its discretion, further order that
such respondent shall be confined in a residential facility for a
minimum period set by the order, not to exceed six months.

* NB Effective March 31, 2028

10. A placement pursuant to this section with the commissioner of the
local social services district shall not be directed in any detention
facility, but the court may direct detention pending transfer to a
placement authorized and ordered under this section for no more than
thirty days after the order of placement is made or in a city of one
million or more, for no more than fifteen days after such order of
placement is made. Such direction shall be subject to extension pursuant
to subdivision three of section three hundred ninety-eight of the social
services law.