Section 507-A. Placement and commitment; procedures

1. Youth may be placed
  in or committed to the custody of the division:
    (a) for placement, as a juvenile delinquent  pursuant  to  the  family
  court act; or
    (b) for commitment pursuant to the penal law.
    2.  (a)  Consistent with other provisions of law, only those youth who
  have reached the age of seven but  who  have  not  reached  the  age  of
  twenty-one  may  be  placed in, committed to or remain in the division's
  custody. Whenever it shall appear to the satisfaction  of  the  division
  that  any youth placed therewith is not of proper age to be so placed or
  is not properly placed, or is mentally or physically incapable of  being
  materially  benefited by the program of the division, the division shall
  cause the return of such youth to the county from  which  placement  was
  made.
    (b)  The  division  shall  deliver  such  youth  to the custody of the
  placing court, along with the records provided to the division  pursuant
  to  section five hundred seven-b of this article, there to be dealt with
  by the court in all respects as though no placement had been made.
    (c) The cost and expense of the care and return of such youth incurred
  by the division shall be reimbursed to the state by the social  services
  district  from  which  such  youth  was placed in the manner provided by
  section five hundred twenty-nine of this article.
    3. The division may  photograph  any  youth  in  its  custody.    Such
  photograph  may  be used only for the purpose of assisting in the return
  of conditionally released children and runaways pursuant to section five
  hundred ten-b of  this  article.  Such  photograph  shall  be  destroyed
  immediately upon the discharge of the youth from division custody.
    4.  (a)  A  youth  placed  with  or  committed  to  the  division may,
  immediately  following  placement  or  commitment,  be  remanded  to  an
  appropriate detention facility.
    (b)  The  division  shall  admit a child placed with the division to a
  facility of the division within fifteen days of the date of the order of
  placement  with  the  division  and  shall  admit  a  juvenile  offender
  committed  to the division to a facility of the division within ten days
  of the date of the order  of  commitment  to  the  division,  except  as
  provided in section five hundred seven-b of this article.
    5.  Consistent  with other provisions of law, in the discretion of the
  director, youth who attain the age of eighteen while in division custody
  may reside in  a  non-secure  facility  until  the  age  of  twenty-one,
  provided  that  such  youth attend a full-time vocational or educational
  program and are likely to benefit from such program.