Section 756. Placement  


Latest version.
  • (a)  (i)  For  purposes  of section seven hundred
      fifty-four, the court may place the child in its  own  home  or  in  the
      custody  of  a  suitable  relative or other suitable private person or a
      commissioner of social services, subject to the orders of the court.
        (ii) Where the  child  is  placed  with  the  commissioner  of  social
      services,  the court may direct the commissioner to place the child 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 child:
        (1) 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 seven hundred sixty-two or seven hundred sixty-three; or
        (2) the commissioner shall return the child to the family court for  a
      new dispositional hearing and order.
        (b)  Placements  under  this  section  may be for an initial period of
      twelve months. The court may extend  a  placement  pursuant  to  section
      seven  hundred  fifty-six-a.  In its discretion, the court may recommend
      restitution or require services for  public  good  pursuant  to  section
      seven  hundred  fifty-eight-a in conjunction with an order of placement.
      For the purposes of calculating the initial period  of  placement,  such
      placement  shall  be  deemed to have commenced sixty days after the date
      the child was removed from his  or  her  home  in  accordance  with  the
      provisions  of  this  article.  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 best interests of the respondent.
        (c) 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 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, upon written documentation to
      the office of children and family services that the youth is in need  of
      specialized  treatment  or  placement  and  the  diligent efforts by the
      commissioner of social services to locate an appropriate placement.