Section 510-A. Conditional release  


Latest version.
  • 1.  The  division  may  conditionally
      release any youth placed with the  division  to  aftercare  whenever  it
      deems  such conditional release to be in the best interest of the youth,
      that suitable care and supervision can be provided and that there  is  a
      reasonable  probability  that  the  youth  can be conditionally released
      without endangering the public safety; provided, however, that no  youth
      while  absent  from  a  facility  or  program without the consent of the
      director of such facility or program shall be conditionally released  by
      the division solely by reason of the absence. The division may establish
      regulations in connection with such conditional release.
        2.  It shall be a condition of such release that the youth so released
      shall continue to be the responsibility of the division for  the  period
      provided   in  the  order  of  placement,  notwithstanding  the  youth's
      conditional release therefrom, and that the division,  pursuant  to  its
      regulations,  may cause such youth to be returned to a division facility
      or authorized agency at any time within the period of  placement,  where
      there  is  a  violation  of  the  conditions  of  release or a change of
      circumstances.
        3. Youth conditionally released by the division may be provided for as
      follows:
        (a) If, in the opinion of the division, there is no  suitable  parent,
      relative  or guardian to whom a youth can be conditionally released, and
      suitable  care  cannot  otherwise   be   secured,   the   division   may
      conditionally  release  such  youth  to the care of an authorized agency
      established pursuant to section three hundred seventy-one of the  social
      services law or any other suitable person.
        (b)  The division may provide clothing, other necessities and services
      for any conditionally released youth,  as  may  be  required,  including
      medical  care  and  services  not  provided  to  such  youth  as medical
      assistance for needy persons pursuant to title eleven of article five of
      the social services law.
        (c) If the youth so released is subject to article sixty-five  of  the
      education law or elects to participate in an educational program leading
      to  a  high  school  diploma, the youth shall be enrolled 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 youth so  released  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,
      steps shall be taken to the extent possible to  facilitate  the  youth's
      gainful  employment  or  enrollment  in  a  vocational program following
      release.
        4. In addition to the other requirements of  this  section,  no  youth
      placed  with  the division pursuant to a restrictive placement under the
      family court act shall be released except pursuant to section  353.5  of
      the family court act.