Section 510-C. Discharge from custody

1. The division may discharge from
  its custody any child placed with the division whenever  it  deems  such
  discharge  to  be  in  the  best  interest  of  the  child  and there is
  reasonable  probability  that  the  child  can  be  discharged   without
  endangering  the  public  safety; provided, however, that no child while
  absent from a division facility without the consent of the  director  of
  such  facility  shall  be discharged by the division solely by reason of
  the absence, and provided further that no child in the  custody  of  the
  division  and  transferred  to  the  department of mental hygiene, while
  absent from a department of mental hygiene facility without the  consent
  of  the superintendent or director of such facility, shall be discharged
  by the division.
    2. Except as provided in subdivision three of this section, any  child
  who  has  been  placed  with  the  division shall be deemed to have been
  discharged therefrom if, during the period  provided  in  the  order  of
  placement  or  extension  thereof,  the child is convicted of a crime or
  adjudicated a youthful offender, and is committed to an  institution  in
  the department of correctional services or department of mental hygiene,
  or receives a one year sentence in a local correctional facility.
    3.  A  child  placed  with  the  division  pursuant  to  a restrictive
  placement under the family court act shall not be discharged  solely  by
  reason  of  conviction  for  a  crime  or  adjudication  as  a  juvenile
  delinquent or youthful offender, nor shall any such child be  discharged
  except pursuant to section 353.5 of the family court act.
    4.  Upon  the placement of any child eighteen years of age or over, or
  upon the eighteenth birthday of any child placed in the custody  of  the
  division   for  an  adjudication  of  juvenile  delinquency  for  having
  committed an act which if committed  by  an  adult  would  constitute  a
  felony,  and  still  in  the custody of the division, the division shall
  notify the division of criminal justice services of  such  placement  or
  birthday  provided,  however,  in  the  case of a child eleven or twelve
  years of age, at the time the act or acts were committed,  the  division
  of  criminal  justice  services  shall  not be provided with the child's
  name, unless the acts committed by such child would constitute a class A
  or B felony. Upon the subsequent discharge of said child it shall be the
  duty of the division to notify the division of criminal justice services
  of that fact and the  date  of  discharge.  For  the  purposes  of  this
  subdivision,  a  child's age shall be determined to be the age stated in
  the placement order.