Laws of New York (Last Updated: November 21, 2014) |
FCT Family Court |
Article 3. JUVENILE DELINQUENCY |
Part 1. JURISDICTION AND PRELIMINARY PROCEDURES |
Section 304.1. Detention
Latest version.
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1. A facility certified by the state division for youth as a juvenile facility must be operated in conformity with the regulations of the state division for youth and shall be subject to the visitation and inspection of the state board of social welfare. 2. No child to whom the provisions of this article may apply shall be detained in any prison, jail, lockup, or other place used for adults convicted of crime or under arrest and charged with crime without the approval of the state division for youth in the case of each child and the statement of its reasons therefor. The state division for youth shall promulgate and publish the rules which it shall apply in determining whether approval should be granted pursuant to this subdivision. 3. The detention of a child under ten years of age in a secure detention facility shall not be directed under any of the provisions of this article. 4. A detention facility which receives a child under subdivision four of section 305.2 shall immediately notify the child's parent or other person legally responsible for his care or, if such legally responsible person is unavailable the person with whom the child resides, that he has been placed in detention.