§ 355.1. New hearing; staying, modifying or terminating an order. 1.
Upon a showing of a substantial change of circumstances, the court may
on its own motion or on motion of the respondent or his parent or person
responsible for his care:

(a) grant a new fact-finding or dispositional hearing; or

(b) stay execution of, set aside, modify, terminate or vacate any
order issued in the course of a proceeding under this article.

* 2. An order issued under section 353.3, may, upon a showing of a
substantial change of circumstances, be set aside, modified, vacated or
terminated upon motion of the commissioner of social services or the
office of children and family services with whom the respondent has been
placed.

(a)(i) For a social services district that only has an approved plan
to implement programs for juvenile delinquents placed in non-secure
settings as part of an approved juvenile justice services close to home
initiative pursuant to section four hundred four of the social services
law, beginning on the effective date of that plan, if the district
determines that placement in a limited secure facility is appropriate
and consistent with the need for protection of the community and the
needs and best interests of the respondent placed into its care, the
social services district shall file a petition to transfer the custody
of the respondent to the office of children and family services, and
shall provide a copy of such petition to such office, the respondent,
the attorney for the respondent and the respondent's parent or legal
guardian. The court shall render a decision whether the juvenile
delinquent should be transferred to the office within seventy-two hours,
excluding weekends and public holidays. The family court shall, after
allowing the office of children and family services and the attorney for
the respondent, after notice having been given, an opportunity to be
heard, grant such a petition only if the court determines, and states in
its written order, the reasons why a limited secure placement is
necessary and consistent with the needs and best interests of the
respondent and the need for protection of the community.

(ii) For a social services district with an approved plan or approved
plans that cover juvenile delinquents placed in non-secure or in
non-secure and in limited secure settings as part of an approved
juvenile justice services close to home initiative pursuant to section
four hundred four of the social services law, beginning on the effective
date of the plan, if the district determines that a secure level of
placement is appropriate and consistent with the need for protection of
the community and the needs and best interests of the respondent placed
into its care, the social services district shall file a petition to
transfer the custody of the respondent to the office of children and
family services, and shall provide a copy of such petition to such
office, the respondent, the attorney for the respondent and the
respondent's parent or legal guardian. The court shall render a decision
whether the youth should be transferred within seventy-two hours,
excluding weekends and public holidays. The family court shall, after
allowing the office of children and family services and the attorney for
the respondent, after notice having been given, an opportunity to be
heard, grant such a petition only if the court determines, and states in
its written order, that the youth needs a secure level of placement
because:

(A) the respondent has been shown to be exceptionally dangerous to
himself or herself or to other persons. Exceptionally dangerous behavior
may include, but is not limited to, one or more serious intentional
assaults, sexual assaults or setting fires; or

(B) the respondent has demonstrated by a pattern of behavior that he
or she needs a more structured setting and the social services district
has considered the appropriateness and availability of a transfer to an
alternative non-secure or limited secure facility. Such behavior may
include, but is not limited to: disruptions in facility programs;
continuously and maliciously destroying property; or, repeatedly
committing or inciting other youth to commit assaultive or destructive
acts.

(iii) The court may order that the respondent be housed in a local
secure detention facility on an interim basis pending its final ruling
on the petition filed pursuant to this paragraph.

(b) The following provisions shall apply if the office of children and
family services files a petition with a family court in a social
services district with an approved juvenile justice services close to
home initiative pursuant to section four hundred four of the social
services law to transfer, within the first ninety days that such plan is
effective, to such district a respondent placed in the office's care
pursuant to either section 353.3 or 353. 5 of this part:

(i) Such a petition shall be provided to the respondent, the attorney
for the respondent and the respondent's parent or legal guardian. If the
district only has an approved plan that covers juvenile delinquents
placed in non-secure settings, the family court shall grant such a
petition, without a hearing, unless the attorney for the respondent,
after notice, objects to the transfer on the basis that the respondent
needs to be placed with the office or the family court determines that
there is insufficient information in the petition to grant the transfer
without a hearing. The family court shall grant the petition unless the
court determines, and states in its written order, the reasons why
placement with the office is necessary and consistent with the needs and
best interests of the respondent and the need for protection of the
community.

(ii) If the district has an approved plan or approved plans that cover
juvenile delinquents placed in non-secure and in limited secure
settings, for the first ninety days that the plan that covers juvenile
delinquents in limited secure settings is effective, the family court
shall grant such a petition, without a hearing, unless the attorney for
the respondent, after notice, objects to the transfer on the basis that
the respondent needs to be placed with the office or the family court
determines that there is insufficient information in the petition to
grant the transfer without a hearing. The family court shall grant the
petition unless the court determines, and states in its written order,
the reasons why placement with the office is necessary and consistent
with the needs and best interests of the respondent and the need for
protection of the community.

(c) Beginning ninety-one days after the effective date a social
services district's plan to implement programs for juvenile justice
services close to home initiative pursuant to section four hundred four
of the social services law, if the office of children and family
services files a petition to transfer to such district a respondent
placed in the office's care pursuant to either section 353.3 or 353.5 of
this part from a family court in such a social services district, the
office shall provide a copy of the petition to the social services
district, the attorney for the respondent and the presentment agency.

(i) If the district only has an approved plan that covers juvenile
delinquents placed in non-secure settings, the family court shall, after
allowing the social services district, the attorney for the respondent
and the presentment agency an opportunity to be heard, grant a petition
filed pursuant to this subparagraph unless the court determines, and
states in its written order, the reasons why a secure or limited secure
placement is necessary and consistent with the needs and best interests
of the respondent and the need for protection of the community.

(ii) If the district has an approved plan or approved plans that cover
juvenile delinquents placed in non-secure and limited secure settings,
beginning ninety-one days after the effective date of the plan that
covers juvenile delinquents placed in limited secure settings, the
family court, after allowing the social services district, the attorney
for the respondent and the presentment agency an opportunity to be
heard, shall grant a petition filed pursuant to this subparagraph,
unless the court determines, and states in its written order, the
reasons why a secure placement is necessary and consistent with the
needs and best interests of the respondent and the need for protection
of the community.

* NB Effective until March 31, 2028

* 2. An order issued under section 353.3, may, upon a showing of a
substantial change of circumstances, be set aside, modified, vacated or
terminated upon motion of the commissioner of social services or the
division for youth with whom the respondent has been placed.

* NB Effective March 31, 2028

3. If the court issues a new order of disposition under this section
the date such order expires shall not be later than the expiration date
of the original order.