Section 353.3. Placement

1. In accordance with section 352.2, the court may
  place  the  respondent  in  his own home or in the custody of a suitable
  relative or other suitable private person or the commissioner of  social
  services or the division for youth pursuant to article nineteen-G of the
  executive law, subject to the orders of the court.
    2.  Where  the  respondent  is  placed with the commissioner of social
  services, the court may direct the commissioner to  place  him  with  an
  authorized   agency   or   class  of  authorized  agencies.  Unless  the
  dispositional order provides otherwise, the  court  so  directing  shall
  include one of the following alternatives to apply in the event that the
  commissioner is unable to so place the respondent:
    (a)  the  commissioner  shall apply to the court for an order to stay,
  modify, set aside, or vacate such directive pursuant to  the  provisions
  of section 355.1; or
    (b)  the  commissioner shall return the respondent to the family court
  for a new dispositional hearing and order.
    3. Where the respondent is placed with the  division  for  youth,  the
  court  shall,  unless  it  directs  the  division  to  place him with an
  authorized  agency  or  class  of  authorized   agencies   pursuant   to
  subdivision four authorize the division to do one of the following:
    (a)  place  the  respondent  in  a  secure  facility without a further
  hearing at any time or from time to time during the first sixty days  of
  residency   in   division  for  youth  facilities.  Notwithstanding  the
  discretion of the division to place the respondent in a secure  facility
  at  any  time during the first sixty days of residency in a division for
  youth facility, the respondent may be placed in a  non-secure  facility.
  In  the  event  that  the division desires to transfer a respondent to a
  secure facility at any time after the first sixty days of  residency  in
  division  facilities,  a  hearing  shall be held pursuant to subdivision
  three of section five hundred four-a of the executive law; or
    (b) place the respondent in a limited secure facility. The  respondent
  may  be transferred by the division to a secure facility after a hearing
  is held pursuant to section five hundred four-a of  the  executive  law;
  provided,  however,  that  during  the first twenty days of residency in
  division facilities, the respondent shall not be transferred to a secure
  facility unless the respondent has committed an act or  acts  which  are
  exceptionally dangerous to the respondent or to others; or
    (c)  place  the  respondent  in  a  non-secure facility. No respondent
  placed pursuant to this paragraph may be transferred by the division for
  youth to a secure facility.
    4. Where the respondent is placed with the  division  for  youth,  the
  court may direct the division to place the respondent with an authorized
  agency  or class of authorized agencies and in the event the division is
  unable to so place the respondent or, discontinues  the  placement  with
  the  authorized  agency,  the  respondent  shall  be deemed to have been
  placed with the division pursuant to paragraph (b) or (c) of subdivision
  three of this section. In such cases,  the  division  shall  notify  the
  court,  presentment  agency,  law  guardian  and  parent or other person
  responsible for the respondent's care, of the reason  for  discontinuing
  the  placement  with the authorized agency and the level and location of
  the youth's placement.
    5. If the respondent has committed a  felony  the  initial  period  of
  placement  shall  not  exceed  eighteen  months.  If  the respondent has
  committed a misdemeanor such  initial  period  of  placement  shall  not
  exceed  twelve  months.  If the respondent has been in detention pending
  disposition, the initial period of placement ordered under this  section
  shall be credited with and diminished by the amount of time spent by the
  respondent  in  detention  prior  to  the  commencement of the placement

  unless the court finds that all or part of such credit would  not  serve
  the  needs  and  best  interests  of  the  respondent  or  the  need for
  protection of the community.
    6.  The  court  may  at  any time conduct a hearing in accordance with
  section 355.1 concerning the need for continuing a placement.
    7. The place in which or the person with whom the respondent has  been
  placed  under  this  section  shall  submit  a  report to the court, law
  guardian or attorney of record, and presentment agency at the conclusion
  of the placement period, except as provided in paragraphs (a) and (b) of
  this subdivision. Such report shall  include  recommendations  and  such
  supporting  data  as  is  appropriate.  The court may extend a placement
  pursuant to section 355.3 of this article.
    (a) Where the respondent is placed  pursuant  to  subdivision  two  or
  three  of  this section and where the agency is not seeking an extension
  of the placement pursuant to section 355.3 of this article, such  report
  shall be submitted not later than thirty days prior to the conclusion of
  the placement.
    (b)  Where  the  respondent  is  placed pursuant to subdivision two or
  three of this section and where the agency is seeking  an  extension  of
  the placement pursuant to section 355.3 of this article and a permanency
  hearing  pursuant to section 355.5 of this article, such report shall be
  submitted not later than sixty days prior  to  the  date  on  which  the
  permanency hearing must be held and shall be annexed to the petition for
  a permanency hearing and extension of placement.
    (c)  Where  the  respondent  is  placed pursuant to subdivision two or
  three of this section, such report shall contain a plan for the release,
  or conditional release (pursuant to section five hundred  ten-a  of  the
  executive law), of the respondent to the custody of his or her parent or
  other  person  legally  responsible, to independent living or to another
  permanency alternative as provided in paragraph (d) of subdivision seven
  of section 355.5 of this  article.  If  the  respondent  is  subject  to
  article  sixty-five  of the education law or elects to participate in an
  educational program leading to a high school diploma,  such  plan  shall
  include, but not be limited to, the steps that the agency with which the
  respondent  is  placed  has  taken  and will be taking to facilitate the
  enrollment of the respondent 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 respondent 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, such plan shall include, but  not  be  limited
  to,  the  steps  that the agency with which the respondent is placed has
  taken and will be taking to assist the respondent  to  become  gainfully
  employed or enrolled in a vocational program following release.
    8.  In  its discretion, the court may recommend restitution or require
  services for the public good pursuant to section  353.6  in  conjunction
  with an order of placement.
    9.  If  the  court  places  a  respondent  with the division for youth
  pursuant to this section after  finding  that  such  child  committed  a
  felony,  the  court  may,  in  its  discretion,  further order that such
  respondent shall be confined in a residential  facility  for  a  minimum
  period set by the order, not to exceed six months.
    10.  A  placement  pursuant  to  this section with the commissioner of
  social services shall not be directed in any detention facility, but the
  court may direct detention pending transfer to  a  placement  authorized
  and  ordered  under  this section for no more than thirty days after the
  order of placement is made or in a city of one million or more,  for  no
  more  than  fifteen  days  after  such  order of placement is made. Such

  direction shall be subject to extension pursuant to subdivision three of
  section three hundred ninety-eight of the social services law.