New York Law

Part 5 - Article 3 - Family Court

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  S 350.1. Time  of  dispositional  hearing. 1.  If the respondent is
  detained and has not been found to have committed  a  designated  felony
  act  the  dispositional  hearing  shall  commence not more than ten days
  after the entry of an order  pursuant  to  subdivision  one  of  section
  345.1, except as provided in subdivision three.
    2.  In  all  other cases, the dispositional hearing shall commence not
  more than fifty days after entry of an order pursuant to subdivision one
  of section 345.1, except as provided in subdivision three.
    3. The court may adjourn the dispositional hearing:
    (a) on its own motion or on motion of the presentment agency for  good
  cause shown for not more than ten days; or
    (b) on motion by the respondent for good cause shown for not more than
  thirty days.
    4.  The court shall state on the record the reason for any adjournment
  of the dispositional hearing.
    5. Successive motions to adjourn a dispositional  hearing  beyond  the
  limits  enumerated in subdivision one or two shall not be granted in the
  absence of a showing, on the record, of special  circumstances;  special
  circumstances shall not include calendar congestion or the status of the
  court's docket or backlog.

  S 350.2. Order of removal. 1. Where the proceeding has been commenced
  by the filing of an order of removal pursuant to a direction  authorized
  by sections 220.10, 310.85 and 330.25 of the criminal procedure law, the
  date  of  filing  in  the  family  court shall be deemed for purposes of
  section 350.1 to be the date of  the  entry  of  an  order  pursuant  to
  subdivision one of section 345.1.
    2.  The  clerk of court shall calendar an appearance to be held within
  seven days from the date  the  order  of  removal  was  filed.  At  such
  appearance   the   court  shall  schedule  a  dispositional  hearing  in
  accordance with section 350.1 and determine such  other  issues  as  may
  properly be before it.

 S 350.3. Dispositional  hearings;  evidence  and required quantum of
  proof - appearance of presentment agency.   1.  Only  evidence  that  is
  material and relevant may be admitted during a dispositional hearing.
    2.  An  adjudication at the conclusion of a dispositional hearing must
  be based on a preponderance of the evidence.
    3. The presentment agency shall appear at the dispositional hearing.

  S 350.4. Order  of procedure. The order of the dispositional hearing
  shall be as follows:
    1. The court,  with  the  consent  of  the  parties,  may  direct  the
  probation  service to summarize its investigation report if one has been
  prepared  and,  in  its  discretion,  deliver  any   further   statement
  concerning the advisability of specific dispositional alternatives.
    2.  The  court  may  in  its  discretion call witnesses, including the
  preparer of probation reports or diagnostic studies, to  offer  evidence
  concerning the advisability of specific dispositional alternatives. Such
  witnesses  may  be  cross-examined  by  the  presentment  agency and the
  respondent.
    3. The presentment agency may call witnesses to offer  such  evidence,
  including the preparer of a probation report or a diagnostic study.
    4.  The  respondent  may  call  witnesses,  to  offer  such  evidence,
  including the preparer of a probation report or a diagnostic study.
    5. The court may permit the presentment agency or respondent to  offer
  such rebuttal or surrebuttal evidence as it may deem appropriate.
    6.  The  presentment  agency  may  deliver  a statement concerning the
  advisability of specific dispositional alternatives.
    7. The respondent may deliver such a statement.
    8. The court  shall  then  permit  rebuttal  statements  by  both  the
  presentment agency and the respondent.
    9.  The  court  shall then consider the case and enter a dispositional
  order.

   S 351.1. Probation,  investigation  and  diagnostic  assessment.  1.
  Following a determination that a respondent has committed  a  designated
  felony act and prior to the dispositional hearing, the judge shall order
  a  probation investigation and a diagnostic assessment. For the purposes
  of this article, the probation investigation shall include, but  not  be
  limited  to, the history of the juvenile including previous conduct, the
  family situation, any previous psychological  and  psychiatric  reports,
  school  adjustment,  previous social assistance provided by voluntary or
  public agencies and the response of the juvenile to such assistance. For
  the purposes of this article, the diagnostic assessment  shall  include,
  but not be limited to, psychological tests and psychiatric interviews to
  determine  mental  capacity  and  achievement,  emotional  stability and
  mental disabilities. It shall  include  a  clinical  assessment  of  the
  situational  factors  that may have contributed to the act or acts. When
  feasible, expert opinion shall be rendered as to the risk  presented  by
  the  juvenile to others or himself, with a recommendation as to the need
  for a restrictive placement.
    2. Following a determination that a respondent committed a  crime  and
  prior  to  the  dispositional hearing, the court shall order a probation
  investigation and may order a diagnostic assessment.
    * 2-a. (a)  In  a  social  services  district  operating  an  approved
  juvenile  justice  services close to home initiative pursuant to section
  four hundred four of  the  social  services  law,  the  local  probation
  department shall develop and submit to the office of children and family
  services   for   prior   approval  a  validated  pre-dispositional  risk
  assessment instrument and any risk assessment process. The office  shall
  share  a  copy  of  any  such  instrument and process with the office of
  probation and correctional alternatives and any expert  consulting  with
  the  office pursuant to this section. Such department shall periodically
  revalidate any approved pre-dispositional  risk  assessment  instrument.
  The department shall conspicuously post information about the instrument
  on  its  website,  including  but  not  limited  to,  the  name  of  the
  instrument; the name and contact information of the person,  institution
  or  company  that  developed  such  instrument;  what  the instrument is
  intended to measure; the types of factors and information the instrument
  takes into consideration; the process by which the instrument is used in
  both the pre-disposition investigation  and  dispositional  phase  of  a
  hearing;  the  purpose for the instrument and how the instrument informs
  the recommendation in the pre-dispositional investigation report;  links
  to  independent research and studies about the instrument as well as its
  own validation analysis relating to the instrument, when available;  the
  most  recent  date  the  instrument  was validated and the date the next
  re-validation process is anticipated  to  begin.  The  department  shall
  confer  with  appropriate  stakeholders,  including  but not limited to,
  attorneys for children, presentment agencies and the family court, prior
  to revising any validated pre-dispositional risk  assessment  instrument
  or process. Such department shall provide any approved pre-dispositional
  risk assessment instrument and process to the temporary president of the
  senate  and  the  speaker of the assembly. Any revised pre-dispositional
  risk assessment  instrument  shall  be  subject  to  periodic  empirical
  validation  and  to  the  approval  of the office of children and family
  services. The office of children and family services shall consult  with
  individuals  with  professional  research  experience  and  expertise in
  criminal  justice;  social   work;   juvenile   justice;   and   applied
  mathematics,  psychometrics  and/or  statistics  to assist the office in
  determining the  methods  it  will  use  to:  approve  the  department's
  validated  and  revalidated pre-dispositional risk assessment instrument
  and process; and analyze the effectiveness of the use of such instrument
  and process in accomplishing their intended goals; and analyze,  to  the
  greatest extent possible, any disparate impact on dispositional outcomes
  for  juveniles based on race, sex, national origin, economic status, and
  any  other  constitutionally  protected class, regarding the use of such
  instrument. The office shall consult  with  such  individuals  regarding
  whether  it  is  appropriate  to attempt to analyze whether there is any
  such disparate impact based on sexual orientation and, if so,  the  best
  methods   to   conduct   such  analysis.  The  office  shall  take  into
  consideration any recommendations given by  such  individuals  involving
  improvements  that  could  be  made  to such instrument and process. The
  department shall provide training on the  approved  instrument  and  any
  approved  process  to  the applicable family courts, presentment agency,
  and court appointed attorneys for respondents.
    (b) Once an initial validated risk assessment instrument and any  risk
  assessment  process  have  been  approved  by the office of children and
  family services  in  consultation  with  the  office  of  probation  and
  correctional  alternatives, the local probation department shall provide
  the applicable supervising  family  court  judge  with  a  copy  of  the
  validated risk assessment instrument and any such process along with the
  letter  from  the  office  of children and family services approving the
  instrument and process, if  applicable,  and  indicating  the  date  the
  instrument  and  any such process shall be effective, provided that such
  effective date shall be at least thirty days after such notification.
    (c) Commencing on the effective date of a validated  pre-dispositional
  risk assessment instrument and any approved process and thereafter, each
  probation  investigation  ordered  under subdivision two of this section
  shall include the results  of  the  validated  risk  assessment  of  the
  respondent  and process, if any; and a respondent shall not be placed in
  accordance with section 353.3 or 353.5 of this part unless the court has
  received and given due consideration to the results  of  such  validated
  risk  assessment and any approved process and made the findings required
  pursuant to paragraph (f) of subdivision two of section  352.2  of  this
  part.
    (d)  Notwithstanding  any other provision of law to the contrary, data
  necessary  for  completion  of  a  pre-dispositional   risk   assessment
  instrument  may  be  shared  among  law  enforcement, probation, courts,
  detention administrations, detention  providers,  presentment  agencies,
  and  the attorney for the child upon retention or appointment solely for
  the purpose of accurate completion of such risk assessment instrument. A
  copy of the completed pre-dispositional risk assessment instrument shall
  be made available to the attorney for the respondent and the  applicable
  court.
    (e)  The  local  probation  department  shall  provide  the  office of
  probation and correctional alternatives with information  regarding  the
  use  of  the  pre-dispositional  risk assessment instrument and any risk
  assessment process in the time and manner required by  the  office.  The
  office   may   require  that  such  data  be  submitted  to  the  office
  electronically. The office shall not commingle any such information with
  any criminal history database. The office shall share  such  information
  with  the office of children and family services. The office of children
  and family services shall use and share such information  only  for  the
  purposes  of  this  section  and  in  accordance with this section. Such
  information shall be shared and received in a manner that  protects  the
  confidentiality  of  such  information. The sharing, use, disclosure and
  redisclosure of such information to any person, office, or other  entity
  not  specifically  authorized  to receive it pursuant to this section or
  any other law is prohibited.
    (f) The family courts shall provide the office of children and  family
  services  with  such information, in the time and manner required by the
  office, as is necessary for the office to  determine  the  validity  and
  efficacy of any pre-dispositional risk assessment instrument and process
  submitted  to  the  office  for  approval  under this subdivision and to
  analyze any disparate impact on dispositional outcomes for juveniles  in
  accordance  with paragraph (a) of this subdivision. The office shall use
  and share such information only for the purposes of this section and  in
  accordance  with  this  section.  Such  information  shall be shared and
  received  in  a  manner  that  protects  the  confidentiality  of   such
  information.  The  sharing,  use,  disclosure  and  redisclosure of such
  information to any person, office,  or  other  entity  not  specifically
  authorized  to  receive  it pursuant to this section or any other law is
  prohibited.
    (g) The  office  of  probation  and  correctional  alternatives  shall
  promulgate  regulations, in consultation with the office of children and
  family services, regarding the role of local  probation  departments  in
  the   completion  and  use  of  the  pre-dispositional  risk  assessment
  instrument and in the risk assessment process.
    * NB Repealed March 31, 2018
    * 2-b. The office of children and  family  services  shall  develop  a
  validated  pre-dispositional  risk  assessment  instrument  and any risk
  assessment  process  for  juvenile   delinquents.   The   office   shall
  periodically  revalidate  any approved pre-dispositional risk assessment
  instrument.  The  office   shall   conspicuously   post   any   approved
  pre-dispositional  risk  assessment  instrument  and any risk assessment
  process on its website and shall confer with  appropriate  stakeholders,
  including  but  not  limited  to,  attorneys  for  children, presentment
  agencies  and  the  family  court,  prior  to  revising  any   validated
  pre-dispositional  risk  assessment  instrument  or  process.  Any  such
  revised pre-dispositional risk assessment instrument shall be subject to
  periodic  empirical  validation.  The  office  of  children  and  family
  services  shall  consult  with  individuals  with  professional research
  experience and expertise in  criminal  justice;  social  work;  juvenile
  justice;  and  applied  mathematics,  psychometrics and/or statistics to
  assist the office in determining the method it  will  use  to:  develop,
  validate   and   revalidate   such   pre-dispositional  risk  assessment
  instrument;  develop  the  risk  assessment  process;  and  analyze  the
  effectiveness  of  the  use  of  such  pre-dispositional risk assessment
  instrument and  process  in  accomplishing  their  intended  goals;  and
  analyze,  to  the  greatest  extent  possible,  any  disparate impact on
  dispositional outcomes  for  juveniles  based  on  race,  sex,  national
  origin, economic status, and any other constitutionally protected class,
  regarding the use of such instrument. The office shall consult with such
  individuals  regarding  whether  it is appropriate to attempt to analyze
  whether there is any such disparate impact based on  sexual  orientation
  and,  if so, the best methods to conduct such analysis. The office shall
  take into consideration any recommendations given  by  such  individuals
  involving  improvements  that  could  be  made  to  such  instrument and
  process. The office also shall consult with local probation  departments
  in  the  development  of the validated pre-dispositional risk assessment
  instrument and the  revalidation  of  such  instrument.  The  office  of
  children  and  family  services shall provide training on the instrument
  and any process to  the  family  courts,  local  probation  departments,
  presentment  agencies and court appointed attorneys for respondents. The
  office may determine that a pre-dispositional risk assessment instrument
  and any process in use pursuant to subdivision two-a of section 351.1 of
  this part may continue to be used pursuant to such  subdivision  instead
  of  requiring the use of any instrument or process developed pursuant to
  this subdivision.
    (a)  Once  an  initial  validated  risk assessment instrument and risk
  assessment process have been  developed,  the  office  of  children  and
  family  services  shall  provide the supervising family court judges and
  local probation departments with copies of the validated risk assessment
  instrument and process and notify them of  the  effective  date  of  the
  instrument  and  process,  which shall be at least six months after such
  notification.
    (b) Commencing on the effective date of a  validated  risk  assessment
  instrument   and  any  risk  assessment  process  and  thereafter,  each
  probation investigation ordered under subdivision two  of  this  section
  shall  include  the  results  of  the  validated  risk assessment of the
  respondent and process, if any; and a respondent shall not be placed  in
  accordance with section 353.3 or 353.5 of this part unless the court has
  received  and  given  due consideration to the results of such validated
  risk assessment and any process and made the findings required  pursuant
  to paragraph (g) of subdivision two of section 352.2 of this part.
    (c)  Notwithstanding  any other provision of law to the contrary, data
  necessary  for  completion  of  a  pre-dispositional   risk   assessment
  instrument  may  be  shared  among  law  enforcement, probation, courts,
  detention administrations, detention providers, presentment agencies and
  the attorney for the child upon retention or appointment solely for  the
  purpose of accurate completion of such risk assessment instrument, and a
  copy of the completed pre-dispositional risk assessment instrument shall
  be  made  available  to  the  attorney for the respondent and applicable
  court.
    (d) Local probation departments shall provide the office of  probation
  and  correctional  alternatives  with  information  regarding use of the
  pre-dispositional risk assessment instrument  and  any  risk  assessment
  process  in  the  time and manner required by the office. The office may
  require that such data be submitted to the  office  electronically.  The
  office  shall  not  commingle  any  such  information  with any criminal
  history database. The office  shall  share  such  information  with  the
  office  of  children  and  family  services.  The office of children and
  family services shall use  and  share  such  information  only  for  the
  purposes  of  this  section  and  in  accordance with this section. Such
  information shall be shared and received in a manner that  protects  the
  confidentiality  of  such  information. The sharing, use, disclosure and
  redisclosure of such information to any person, office, or other  entity
  not  specifically  authorized  to receive it pursuant to this section or
  any other law is prohibited.
    (e) Law enforcement and the family courts shall provide the office  of
  children  and  family  services  with  such information, in the time and
  manner required by the  office,  as  is  necessary  for  the  office  to
  develop,   validate  and  revalidate  any  such  pre-dispositional  risk
  assessment instrument and process and to analyze any disparate impact on
  dispositional outcomes for juveniles in accordance  with  this  section.
  The office shall use and share such information only for the purposes of
  this  section  and  share  it  in  accordance  with  this  section. Such
  information shall be shared and received in a manner that  protects  the
  confidentiality  of  such  information. The sharing, use, disclosure and
  redisclosure of such information to any person, office, or other  entity
  not  specifically  authorized  to receive it pursuant to this section or
  any other law is prohibited.
    (f) The  office  of  probation  and  correctional  alternatives  shall
  promulgate  regulations, in consultation with the office of children and
  family services, regarding the role of local  probation  departments  in
  the   completion  and  use  of  the  pre-dispositional  risk  assessment
  instrument and in the risk assessment process.
    * NB Repealed March 31, 2018
    3. A child shall not be placed in accord with section 353.3 unless the
  court  has  ordered a probation investigation prior to the dispositional
  hearing; a child shall not be placed in accord with section 353.4 unless
  the court has ordered a diagnostic assessment prior to such hearing.
    4. When it appears that such information  would  be  relevant  to  the
  findings  of  the  court or the order of disposition, each investigation
  report prepared pursuant to this section shall contain a  victim  impact
  statement which shall include an analysis of the victim's version of the
  offense,  the extent of injury or economic loss or damage to the victim,
  including the amount of unreimbursed medical expenses, if any,  and  the
  views  of  the  victim  relating  to disposition including the amount of
  restitution sought by  the  victim,  subject  to  availability  of  such
  information.  In the case of a homicide or where the victim is unable to
  assist  in  the  preparation  of  the  victim  impact   statement,   the
  information  may be acquired from the victim's family. Nothing contained
  in this section shall be interpreted to require that a victim or his  or
  her  family  supply  information for the preparation of an investigation
  report or that the dispositional hearing should be delayed in  order  to
  obtain such information.
    5.  (a) All diagnostic assessments and probation investigation reports
  shall be submitted to the court and made  available  by  the  court  for
  inspection  and  copying by the presentment agency and the respondent at
  least five court days prior to the  commencement  of  the  dispositional
  hearing.  All  such  reports  shall  be  made available by the court for
  inspection and copying by the presentment agency and the  respondent  in
  connection with any appeal in the case.
    (b)  The victim impact statement shall be made available to the victim
  or the victim's family by the presentment agency prior to sentencing.
    6. All reports or memoranda prepared  or  obtained  by  the  probation
  service  for  the  purpose  of  a  dispositional hearing shall be deemed
  confidential information furnished to the court and shall be subject  to
  disclosure  solely  in  accordance  with  this  section  or as otherwise
  provided for by law. Except as provided under section 320.5 such reports
  or memoranda shall not be furnished to the court prior to the  entry  of
  an order pursuant to section 345.1.
    7.  The  probation  services  which  prepare the investigation reports
  shall be responsible for the collection and transmission to  the  office
  of  probation  and  correctional  alternatives, of data on the number of
  victim impact statements prepared. Such information shall be transmitted
  annually to the office of victim services and included in  the  office's
  biennial  report  pursuant  to  subdivision  twenty-one  of  section six
  hundred twenty-three of the executive law.

  S 352.1. Findings.  1.  If, upon the conclusion of the dispositional
  hearing, the court determines that the respondent requires  supervision,
  treatment  or  confinement,  the  court  shall enter a finding that such
  respondent is a juvenile delinquent and order an appropriate disposition
  pursuant to section 352.2.
    2. If, upon the conclusion of the  dispositional  hearing,  the  court
  determines  that  the respondent does not require supervision, treatment
  or confinement, the petition shall be dismissed.

  S 352.2. Order  of  disposition.  1.  Upon  the  conclusion  of  the
  dispositional hearing, the court shall enter an order of disposition:
    (a) conditionally discharging the respondent in  accord  with  section
  353.1; or
    (b)  putting the respondent on probation in accord with section 353.2;
  or
    (c) continuing the proceeding and placing  the  respondent  in  accord
  with section 353.3; or
    (d) placing the respondent in accord with section 353.4; or
    (e)  continuing  the  proceeding  and  placing  the respondent under a
  restrictive placement in accord with section 353.5.
    2. (a) In determining an appropriate order the  court  shall  consider
  the  needs  and best interests of the respondent as well as the need for
  protection  of  the  community.  If  the  respondent  has  committed   a
  designated   felony  act  the  court  shall  determine  the  appropriate
  disposition in accord with section 353.5. In all other cases  the  court
  shall  order  the  least restrictive available alternative enumerated in
  subdivision one which is consistent with the needs and best interests of
  the respondent and the need for protection of the community.
    (b) In an order of disposition entered pursuant to  section  353.3  or
  353.4  of  this  chapter,  or where the court has determined pursuant to
  section  353.5  of  this  chapter  that  restrictive  placement  is  not
  required,  which  order  places  the respondent with the commissioner of
  social services or with the office of children and family  services  for
  placement  with  an authorized agency or class of authorized agencies or
  in such facilities designated by  the  office  of  children  and  family
  services  as  are  eligible  for federal reimbursement pursuant to title
  IV-E of the social security act, the court in its order shall  determine
  (i)  that continuation in the respondent's home would be contrary to the
  best interests of the respondent; or in the case  of  a  respondent  for
  whom the court has determined that continuation in his or her home would
  not   be  contrary  to  the  best  interests  of  the  respondent,  that
  continuation in the respondent's home would be contrary to the need  for
  protection  of  the  community;  (ii)  that where appropriate, and where
  consistent with the need for protection  of  the  community,  reasonable
  efforts  were  made  prior  to  the date of the dispositional hearing to
  prevent or eliminate the need for removal of the respondent from his  or
  her  home, or if the child was removed from his or her home prior to the
  dispositional hearing, where appropriate and where consistent  with  the
  need  for  safety of the community, whether reasonable efforts were made
  to make it possible for the child to safely return home.  If  the  court
  determines  that reasonable efforts to prevent or eliminate the need for
  removal of the child from the home were not made but that  the  lack  of
  such efforts was appropriate under the circumstances, or consistent with
  the need for protection of the community, or both, the court order shall
  include  such  a  finding;  and  (iii)  in  the  case of a child who has
  attained the age of sixteen, the services needed, if any, to assist  the
  child to make the transition from foster care to independent living.
    (c) For the purpose of this section, when an order is entered pursuant
  to section 353.3 or 353.4 of this article, reasonable efforts to prevent
  or  eliminate  the need for removing the respondent from the home of the
  respondent or to make it possible for the respondent to return safely to
  the home of the  respondent  shall  not  be  required  where  the  court
  determines that:
    (1)  the  parent  of  such  respondent has subjected the respondent to
  aggravated circumstances, as defined in subdivision fifteen  of  section
  301.2 of this article;
    (2)  the  parent of such child has been convicted of (i) murder in the
  first degree as defined in section 125.27 or murder in the second degree
  as defined in section 125.25 of the penal law and the victim was another
  child of the parent; or (ii) manslaughter in the first degree as defined
  in  section  125.20  or  manslaughter in the second degree as defined in
  section 125.15 of the penal law and the victim was another child of  the
  parent,  provided,  however, that the parent must have acted voluntarily
  in committing such crime;
    (3) the parent of such child has  been  convicted  of  an  attempt  to
  commit  any  of  the foregoing crimes, and the victim or intended victim
  was the child or another child of the parent; or has been  convicted  of
  criminal  solicitation  as defined in article one hundred, conspiracy as
  defined in article one hundred five or criminal facilitation as  defined
  in  article  one  hundred  fifteen  of  the  penal  law  for conspiring,
  soliciting or facilitating any of the foregoing crimes, and  the  victim
  or intended victim was the child or another child of the parent;
    (4) the parent of such respondent has been convicted of assault in the
  second  degree as defined in section 120.05, assault in the first degree
  as defined in section 120.10 or aggravated assault upon  a  person  less
  than eleven years old as defined in section 120.12 of the penal law, and
  the  commission  of  one  of  the  foregoing  crimes resulted in serious
  physical injury to the respondent or another child of the parent;
    (5) the parent of such respondent has  been  convicted  in  any  other
  jurisdiction  of an offense which includes all of the essential elements
  of any crime specified in  subparagraph  two,  three  or  four  of  this
  paragraph,  and the victim of such offense was the respondent or another
  child of the parent; or
    (6) the parental rights of the parent to a sibling of such  respondent
  have been involuntarily terminated;
  unless  the  court determines that providing reasonable efforts would be
  in the best interests of the child,  not  contrary  to  the  health  and
  safety of the child, and would likely result in the reunification of the
  parent  and  the  child in the foreseeable future. The court shall state
  such findings in its order.
    If the court determines  that  reasonable  efforts  are  not  required
  because  of  one  of  the  grounds set forth above, a permanency hearing
  shall be held pursuant to section 355.5 of this  article  within  thirty
  days of the finding of the court that such efforts are not required. The
  social  services official or the office of children and family services,
  where the respondent was placed with such office,  shall  subsequent  to
  the  permanency  hearing make reasonable efforts to place the respondent
  in a timely manner and to  complete  whatever  steps  are  necessary  to
  finalize  the  permanent placement of the respondent as set forth in the
  permanency plan  approved  by  the  court.  If  reasonable  efforts  are
  determined by the court not to be required because of one of the grounds
  set  forth  in  this  paragraph, the social services official may file a
  petition for termination of parental rights in accordance  with  section
  three hundred eighty-four-b of the social services law.
    (d)  For  the  purposes  of  this  section,  in determining reasonable
  efforts to be made with respect to the respondent, and  in  making  such
  reasonable  efforts,  the  respondent's  health  and safety shall be the
  paramount concern.
    (e) For the purpose  of  this  section,  a  sibling  shall  include  a
  half-sibling.
    * (f)(1)  In a social services district operating an approved juvenile
  justice services close to  home  initiative  pursuant  to  section  four
  hundred  four  of  the social services law, upon the effective date of a
  risk assessment instrument and any risk  assessment  process  that  have
  been  approved by the office of children and family services pursuant to
  subdivision two-a of section 351.1 of this part, the  court  shall  give
  due  consideration  to  the results of the validated risk assessment and
  any such process provided to the court pursuant to such subdivision when
  determining the appropriate disposition for the respondent.
    (2)  Any  order  of  the court directing the placement of a respondent
  into a residential program shall state:
    (i) the level of risk the  youth  was  assessed  at  pursuant  to  the
  validated risk assessment instrument; and
    (ii)  if a determination is made to place a youth in a higher level of
  placement  than  appears  warranted  based  on  such   risk   assessment
  instrument  and  any  approved  risk  assessment process, the particular
  reasons why such placement  was  determined  to  be  necessary  for  the
  protection of the community and to be consistent with the needs and best
  interests of the respondent; and
    (iii)  that  a  less  restrictive alternative that would be consistent
  with the needs and best interests of the respondent  and  the  need  for
  protection of the community is not available.
    * NB Repealed March 31, 2018
    * (g)(i)  Once  a  validated  risk  assessment instrument and any risk
  assessment process is a required part of  each  probation  investigation
  ordered under subdivision two of section 351.1 of this part and provided
  to  the  court in accordance with subdivision two-b of such section, the
  court shall give due consideration to the results of such validated risk
  assessment  and  any  such  process  when  determining  the  appropriate
  disposition for the respondent.
    (ii)  Any  order  of the court directing the placement of a respondent
  into a residential program shall state:
    (A) the level of risk the youth was assessed pursuant to the validated
  risk assessment instrument; and
    (B) if a determination is made to place a youth in a higher  level  of
  placement   than   appears  warranted  based  on  such  risk  assessment
  instrument and any risk assessment process, the particular  reasons  why
  such  placement was determined to be necessary for the protection of the
  community and to be consistent with the needs and best interests of  the
  respondent; and
    (C)  that a less restrictive alternative that would be consistent with
  the needs and  best  interests  of  the  respondent  and  the  need  for
  protection of the community is not available.
    * NB Repealed March 31, 2018
    3.  The  order  shall  state  the  court's  reasons for the particular
  disposition, including, in the case of a restrictive placement  pursuant
  to  section  353.5,  the  specific  findings  of  fact  required in such
  section.

  S 352.3. Order  of  protection.  (1)  Upon  the issuance of an order
  pursuant to section 315.3 or  the  entry  of  an  order  of  disposition
  pursuant  to  section  352.2,  a  court may enter an order of protection
  against any respondent for good cause shown. The order may require  that
  the  respondent:  (a) stay away from the home, school, business or place
  of employment of the victims of the alleged offense; or (b) refrain from
  harassing, intimidating, threatening or otherwise interfering  with  the
  victim  or victims of the alleged offense and such members of the family
  or household of such victim or victims as shall be specifically named by
  the court in such order; or (c) refrain from intentionally  injuring  or
  killing,  without  justification,  any  companion  animal the respondent
  knows to be owned,  possessed,  leased,  kept  or  held  by  the  person
  protected  by  the  order  or  a  minor  child residing in such person's
  household. "Companion animal", as used in this subdivision,  shall  have
  the  same  meaning as in subdivision five of section three hundred fifty
  of the agriculture and markets law.
    (1-a) Upon the issuance of an order pursuant to section 315.3  or  the
  entry of an order of disposition pursuant to section 352.2, a court may,
  for  good  cause  shown,  enter  an  order  of  protection  against  any
  respondent requiring  that  the  respondent  refrain  from  engaging  in
  conduct,  against any designated witness specifically named by the court
  in such order, that would constitute intimidation of a witness  pursuant
  to  section  215.15,  215.16  or  215.17  of the penal law or an attempt
  thereof, provided that the court makes a finding that the respondent did
  previously, or is likely to in the  future,  intimidate  or  attempt  to
  intimidate such witness in such manner.
    (2)  An  order  of  protection  shall  remain in effect for the period
  specified by the  court,  but  shall  not  exceed  the  period  of  time
  specified  in  any order of disposition or order adjourning a proceeding
  in contemplation of dismissal.

   S 353.1. Conditional  discharge.  1.  The  court  may  conditionally
  discharge the respondent if the court, having regard for the nature  and
  circumstances  of the crime and for the history, character and condition
  of the respondent, is of the opinion that  consistent  with  subdivision
  two  of  section  352.2,  neither  the  public  interest nor the ends of
  justice would be served by a placement and that probation supervision is
  not appropriate.  The  court  may,  as  a  condition  of  a  conditional
  discharge,  in cases where the record indicates the respondent qualifies
  as an eligible person and has been adjudicated for an  eligible  offense
  as  defined in section four hundred fifty-eight-l of the social services
  law, require the respondent to attend and complete an  education  reform
  program  established  pursuant  to section four hundred fifty-eight-l of
  the social services law.
    2. When the court orders a conditional discharge the respondent  shall
  be  released  with respect to the finding upon which such order is based
  without placement or  probation  supervision  but  subject,  during  the
  period  of  conditional  discharge,  to  such  conditions  enumerated in
  subdivision two of section 353.2, as the court may determine. The  court
  shall   order   the   period  of  conditional  discharge  authorized  by
  subdivision three and shall specify the conditions to be complied  with.
  The  court may modify or enlarge the conditions at any time prior to the
  expiration or termination of the period of conditional  discharge.  Such
  action  may  not,  however, be taken unless the respondent is personally
  present,  except  that  the  respondent  need  not  be  present  if  the
  modification  consists solely of the elimination or relaxation of one or
  more conditions.
    3. The maximum period of a conditional discharge shall not exceed  one
  year.
    4.  The  respondent  must be given a written copy of the conditions at
  the time a conditional  discharge  is  ordered  or  modified,  provided,
  however, that whenever the respondent has not been personally present at
  the  time  of  a  modification, the court shall notify the respondent in
  writing within twenty  days  after  such  modification,  specifying  the
  nature  of  the  elimination  or  relaxation  of  any  condition and the
  effective date thereof. A copy of such conditions must be filed with and
  become part of the record of the case.
    5. A finding that the respondent committed an additional crime after a
  conditional discharge has been  ordered  and  prior  to  expiration  and
  termination  of  the  period  of  such  order  constitutes  a ground for
  revocation of such order irrespective of whether such fact is  specified
  as a condition of the order.

  S 353.2. Probation.  1. The court may order a period of probation if
  the court, having regard for the nature and circumstances of  the  crime
  and  the  history,  character and condition of the respondent, is of the
  opinion that:
    (a) placement of respondent is not or may not be necessary;
    (b)  the  respondent  is  in  need  of  guidance,  training  or  other
  assistance which can be effectively administered through probation; and
    (c)  such disposition is consistent with the provisions of subdivision
  two of section 352.2.
    2. When ordering a period of  probation  or  a  conditional  discharge
  pursuant  to section 353.1, the court may, as a condition of such order,
  require that the respondent:
    (a) attend school regularly and obey all rules and regulations of  the
  school;
    (b) obey all reasonable commands of the parent or other person legally
  responsible for the respondent's care;
    (c)  abstain from visiting designated places or associating with named
  individuals;
    (d) avoid injurious or vicious activities;
    (e)  co-operate  with  a  mental  health,  social  services  or  other
  appropriate  community  facility  or  agency  to which the respondent is
  referred;
    (f) make restitution or perform services for the public good  pursuant
  to section 353.6, provided the respondent is over ten years of age;
    (g)  except  when  the  respondent  has been assigned to a facility in
  accordance with subdivision four of section five  hundred  four  of  the
  executive   law,   in  cases  wherein  the  record  indicates  that  the
  consumption of alcohol by the respondent may have  been  a  contributing
  factor,  attend  and  complete  an alcohol awareness program established
  pursuant to section 19.25 of the mental hygiene law; and
    (h) comply with such other reasonable conditions as  the  court  shall
  determine to be necessary or appropriate to ameliorate the conduct which
  gave rise to the filing of the petition or to prevent placement with the
  commissioner of social services or the division for youth.
    3.  When ordering a period of probation, the court may, as a condition
  of such order, further require that the respondent:
    (a) meet with a probation officer when  directed  to  do  so  by  that
  officer  and  permit  the  officer  to  visit  the respondent at home or
  elsewhere;
    (b) permit the probation officer to obtain information from any person
  or agency from whom respondent is receiving or was directed  to  receive
  diagnosis, treatment or counseling;
    (c)  permit  the  probation  officer  to  obtain  information from the
  respondent's school;
    (d) co-operate with the probation officer in seeking to obtain and  in
  accepting  employment, and supply records and reports of earnings to the
  officer when requested to do so;
    (e) obtain permission from the probation officer for any absence  from
  respondent's residence in excess of two weeks; and
    (f)  with  the  consent  of  the division for youth, spend a specified
  portion of the probation period, not exceeding one year, in a non-secure
  facility  provided  by  the  division  for  youth  pursuant  to  article
  nineteen-G of the executive law.
    4.  A  finding that the respondent committed an additional crime after
  probation supervision has  been  ordered  and  prior  to  expiration  or
  termination  of  the  period  of  such  order  constitutes  a ground for
  revocation of such order irrespective of whether such fact is  specified
  as a condition of such order.
    5.  The  respondent  must be given a written copy of the conditions at
  the time probation supervision is ordered. A  copy  of  such  conditions
  must be filed with and become part of the record of the case.
    6.  The maximum period of probation shall not exceed two years. If the
  court finds at the conclusion of the original period and after a hearing
  that exceptional circumstances require an additional year of  probation,
  the court may continue the probation for an additional year.

   S 353.3. Placement. 1. In accordance with section 352.2 of this part,
  the court may place the respondent in his or her  own  home  or  in  the
  custody  of  a suitable relative or other suitable private person or the
  commissioner of the local social services  district  or  the  office  of
  children  and  family  services  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 the local
  social services district,  the  court  may  (i)  in  a  social  services
  district  operating  an approved juvenile justice services close to home
  initiative pursuant to section four hundred four of the social  services
  law,  direct  the commissioner to provide services necessary to meet the
  needs of the respondent, provided that such services are  authorized  or
  required to be made available pursuant to the approved plan to implement
  a  juvenile  justice  close  to  home  initiative then in effect and the
  commissioner shall notify the court and the attorney for the  respondent
  of  the authorized agency that such respondent was placed in; or (ii) in
  a social services district that is not operating  an  approved  juvenile
  justice  services  close  to  home  initiative  pursuant to section four
  hundred four of the social services  law,  direct  the  commissioner  to
  place  him  or  her  with  an  authorized  agency or class of authorized
  agencies,; and if the court finds that  the  respondent  placed  with  a
  social  services  district  pursuant  to  this subdivision is a sexually
  exploited child as defined in subdivision one of  section  four  hundred
  forty-seven-a  of  the  social  services  law,  the court may place such
  respondent  in  an  available   long-term   safe   house.   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:
    * NB Effective until March 31, 2018
    * Where the respondent is placed with the commissioner  of  the  local
  social services district, the court may direct the commissioner to place
  him  or  her  with an authorized agency or class of authorized agencies,
  including, if  the  court  finds  that  the  respondent  is  a  sexually
  exploited  child  as  defined in subdivision one of section four hundred
  forty-seven-a of the social services law, an  available  long-term  safe
  house.  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:
    * NB Effective March 31, 2018
    (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 of this part; or
    (b)  the  commissioner shall return the respondent to the family court
  for a new dispositional hearing and order.
    * 2-a. Notwithstanding  any  inconsistent  provision  of  law  to  the
  contrary,  and pursuant to subdivision two of this section in a district
  operating an approved juvenile justice services close to home initiative
  pursuant to section four hundred four of the social services law:
    (a) beginning on the effective date of the  district's  approved  plan
  that only covers juvenile delinquents placed in non-secure settings, the
  court may only place the respondent:
    (i)  in  the  custody of the commissioner of the local social services
  district for placement in a non-secure level of care; or
    (ii) in the custody of the commissioner of the office of children  and
  family  services  for  placement  in a limited secure or secure level of
  care; and
    (b) beginning on the effective date of the district's approved plan to
  implement programs for youth placed  in  limited  secure  settings,  the
  court may only place the respondent:
    (i)  in  the  custody of the commissioner of the local social services
  district for placement in:
    (A) a non-secure level of care;
    (B) a limited secure level of care; or
    (C) either a non-secure or limited secure level of care, as determined
  by such commissioner; or
    (ii) in the custody of the commissioner of the office of children  and
  family services for placement in a secure level of care.
    * NB Repealed March 31, 2018
    3.  Where  the  respondent  is  placed with the office of children and
  family services, the court shall, unless it directs the office to  place
  him  or  her  with an authorized agency or class of authorized agencies,
  including if the court finds that the respondent is a sexually exploited
  child  as  defined  in  subdivision  one   of   section   four   hundred
  forty-seven-a  of  the  social services law, an available long-term safe
  house pursuant to subdivision four of this section, authorize the office
  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  office  of  children  and  family  services   facilities.
  Notwithstanding  the discretion of the office to place the respondent in
  a secure facility at any time during the first sixty days  of  residency
  in a office of children and family services facility, the respondent may
  be placed in a non-secure facility. In the event that the office desires
  to  transfer  a  respondent  to  a secure facility at any time after the
  first sixty days of residency in office 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 office 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
  office 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 office of
  children and family services to a secure facility.
    4. Where the respondent is placed with  the  office  of  children  and
  family services, the court may direct the office to place the respondent
  with an authorized agency or class of authorized agencies, including, if
  the  court  finds  that  the respondent is a sexually exploited child as
  defined in subdivision one of section four hundred forty-seven-a of  the
  social services law, an available long-term safe house, and in the event
  the  office  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 office pursuant to paragraph (b) or (c) of
  subdivision three of this section.  In  such  cases,  the  office  shall
  notify  the  court, presentment agency, respondent's attorney 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  of  this  part  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,
  respondent's  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 part.
    (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 part, 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 part  and  a  permanency
  hearing  pursuant  to  section  355.5 of this part, 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, or to another permanency alternative
  as provided in paragraph (d) of subdivision seven of  section  355.5  of
  this  part.  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 of this part in
  conjunction with an order of placement.
    * 9. If the court places a respondent with the office of children  and
  family  services,  or  with  a social services district with an approved
  plan to implement a juvenile justice services close to  home  initiative
  under  section four hundred four of the social services law, pursuant to
  this section after finding that such respondent 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.
    * NB Effective until March 31, 2018
    * 9.  If the court places a respondent with the office of children and
  family services 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.
    * NB Effective March 31, 2018
    10. A placement pursuant to this section with the commissioner of  the
  local  social  services  district 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.

  S 353.4. Transfer  of  certain  juvenile  delinquents.  1. If at the
  conclusion of the dispositional hearing and in accordance  with  section
  352.2  the  court finds that the respondent has a mental illness, mental
  retardation or developmental disability, as defined in section  1.03  of
  the  mental  hygiene  law,  which is likely to result in serious harm to
  himself or others, the court may issue an order placing such  respondent
  with  the  division  for  youth  or,  with  the  consent  of  the  local
  commissioner, with a local commissioner of  social  services.  Any  such
  order   shall  direct  the  temporary  transfer  for  admission  of  the
  respondent to the custody of either the commissioner of mental health or
  the commissioner of mental retardation  and  developmental  disabilities
  who  shall  arrange  the  admission of the respondent to the appropriate
  facility of the department of mental hygiene. The director of a hospital
  operated by the office of mental health may, subject to  the  provisions
  of section 9.51 of the mental hygiene law, transfer a person admitted to
  the  hospital  pursuant  to  this subdivision to a residential treatment
  facility for children and youth, as that term is defined in section 1.03
  of the mental hygiene law, if care and  treatment  in  such  a  facility
  would  more  appropriately  meet  the  needs  of the respondent. Persons
  temporarily transferred to such custody  under  this  provision  may  be
  retained  for  care  and  treatment  for  a period of up to one year and
  whenever appropriate shall be transferred back to the division for youth
  pursuant to the provisions of section five hundred nine of the executive
  law or transferred back to the local commissioner  of  social  services.
  Within  thirty  days of such transfer back, application shall be made by
  the division for youth or the local commissioner of social  services  to
  the  placing  court  to conduct a further dispositional hearing at which
  the court may make any order authorized under section 352.2, except that
  the period of any further order of disposition shall take  into  account
  the period of placement hereunder.  Likelihood to result in serious harm
  shall  mean  (a)  substantial  risk  of  physical  harm  to  himself  as
  manifested by threats or attempts at suicide or serious bodily  harm  or
  other  conduct  demonstrating  he  is  dangerous  to  himself  or  (b) a
  substantial risk of physical harm to  other  persons  as  manifested  by
  homicidal  or  other  violent  behavior  by  which  others are placed in
  reasonable fear of serious bodily harm.
    2. (a) Where the order of disposition is for a  restrictive  placement
  under section 353.5 if the court at the dispositional hearing finds that
  the respondent has a mental illness, mental retardation or developmental
  disability,  as defined in section 1.03 of the mental hygiene law, which
  is likely to result in serious harm to himself or others, the court may,
  as part of the order of disposition, direct the temporary transfer,  for
  a  period  of  up  to  one year, of the respondent to the custody of the
  commissioner of mental health or of mental retardation and developmental
  disabilities who shall arrange for the admission of the respondent to an
  appropriate facility under his jurisdiction within thirty days  of  such
  order.  The  director  of the facility so designated by the commissioner
  shall accept such respondent for admission.
    (b) Persons transferred to the office of mental health  or  of  mental
  retardation   and   developmental   disabilities,   pursuant   to   this
  subdivision, shall be retained by such office for care and treatment for
  the period designated by the court. At any time prior to the  expiration
  of  such  period,  if  the  director of the facility determines that the
  child is no  longer  mentally  ill  or  no  longer  in  need  of  active
  treatment,  the  responsible office shall make application to the family
  court for an order transferring the  child  back  to  the  division  for
  youth.  Not  more than thirty days before the expiration of such period,
  there shall be a hearing, at which time the court may:
    (i) extend the temporary transfer of the respondent for an  additional
  period  of  up  to one year to the custody of the commissioner of mental
  health or the  commissioner  of  mental  retardation  and  developmental
  disabilities pursuant to this subdivision; or
    (ii)  continue  the  restrictive  placement  of  the respondent in the
  custody of the division for youth.
    (c) During such temporary transfer, the respondent shall  continue  to
  be under restrictive placement with the division for youth. Whenever the
  respondent  is  transferred  back  to the division the conditions of the
  placement as set forth in section 353.5 shall apply. Time spent  by  the
  respondent  in  the  custody of the commissioner of mental health or the
  commissioner of mental retardation and developmental disabilities  shall
  be credited and applied towards the period of placement.
    3.  No  dispositional hearing at which proof of a mental disability as
  defined in section 1.03 of the mental hygiene law is to be offered shall
  be completed until the commissioner of mental health or commissioner  of
  mental  retardation and developmental disabilities, as appropriate, have
  been  notified  and  afforded  an  opportunity  to  be  heard  at   such
  dispositional hearing.
    4.  No  order of disposition placing the respondent in accordance with
  this section shall be entered except upon clear and convincing  evidence
  which  shall  include  the  testimony  of  two  examining  physicians as
  provided in section two hundred fifty-one.
    5. 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.

  S 353.5. Designated felony acts; restrictive placement. 1. Where the
  respondent is found to have committed a designated felony act, the order
  of disposition shall be made within twenty days of the conclusion of the
  dispositional  hearing  and  shall  include  a  finding   based   on   a
  preponderance  of  the  evidence as to whether, for the purposes of this
  article, the respondent does or does not require a restrictive placement
  under this section, in  connection  with  which  the  court  shall  make
  specific  written  findings of fact as to each of the elements set forth
  in paragraphs (a) through (e) in  subdivision  two  as  related  to  the
  particular  respondent.  If the court finds that a restrictive placement
  under this section is not required, the  court  shall  enter  any  other
  order  of disposition provided in section 352.2. If the court finds that
  a restrictive placement is required, it shall  continue  the  proceeding
  and  enter  an  order  of disposition for a restrictive placement. Every
  order under this section shall be a dispositional order, shall  be  made
  after a dispositional hearing and shall state the grounds for the order.
    2.  In  determining  whether  a restrictive placement is required, the
  court shall consider:
    (a) the needs and best interests of the respondent;
    (b) the record and background of the  respondent,  including  but  not
  limited  to  information  disclosed  in  the probation investigation and
  diagnostic assessment;
    (c) the nature and circumstances of the offense, including whether any
  injury was inflicted by the respondent or another participant;
    (d) the need for protection of the community; and
    (e) the age and physical condition of the victim.
    3. Notwithstanding the provisions of subdivision two, the court  shall
  order  a restrictive placement in any case where the respondent is found
  to have committed a  designated  felony  act  in  which  the  respondent
  inflicted   serious   physical  injury,  as  that  term  is  defined  in
  subdivision ten of section 10.00 of the penal law, upon  another  person
  who is sixty-two years of age or more.
    * 4.  When  the  order is for a restrictive placement in the case of a
  youth found to have committed a designated class A felony act,
    (a) the order shall provide that:
    (i) the respondent shall be placed with the  office  of  children  and
  family  services  for an initial period of five years. 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.
    (ii)  the  respondent shall initially be confined in a secure facility
  for a period set by the order, to be not less than twelve nor more  than
  eighteen  months provided, however, where the order of the court is made
  in compliance with subdivision five  of  this  section,  the  respondent
  shall initially be confined in a secure facility for eighteen months.
    (iii)  after the period set under subparagraph (ii) of this paragraph,
  the respondent shall be placed in a residential facility for a period of
  twelve months; provided, however, that if the respondent has been placed
  from a family court in a social services district operating an  approved
  juvenile  justice  services close to home initiative pursuant to section
  four hundred four of the social services law, once the  time  frames  in
  subparagraph (ii) of this paragraph are met:
    (A)  beginning  on  the  effective  date  of  such  a  social services
  district's  plan  that  only  covers  juvenile  delinquents  placed   in
  non-secure  settings,  if  the  office  of  children and family services
  concludes, based on the needs and best interests of the  respondent  and
  the  need  for  protection for the community, that a non-secure level of
  care is appropriate  for  the  respondent,  such  office  shall  file  a
  petition  pursuant to paragraph (b) or (c) of subdivision two of section
  355.1 of this part to have the respondent  placed  with  the  applicable
  local commissioner of social services; and
    (B)  beginning  on  the  effective  date  of  such  a  social services
  district's plan that  covers  juvenile  delinquents  placed  in  limited
  secure   settings,  if  the  office  of  children  and  family  services
  concludes, based on the needs and best interests of the  respondent  and
  the  need for protection for the community, that a non-secure or limited
  secure level of care is appropriate  for  the  respondent,  such  office
  shall  file  a  petition pursuant to paragraph (b) or (c) of subdivision
  two of section 355.1 of this part to have the respondent placed with the
  applicable local commissioner of social services.
    (C) If the respondent is placed with the local commissioner of  social
  services  in accordance with clause (A) or (B) of this subparagraph, the
  remainder of the provisions of this section shall continue to  apply  to
  the respondent's placement.
    (iv)  the  respondent  may  not  be released from a secure facility or
  transferred to a facility other than a secure facility during the period
  provided in subparagraph (ii) of this paragraph, nor may the  respondent
  be  released  from  a residential facility during the period provided in
  subparagraph (iii) of this paragraph. No home visits shall be  permitted
  during  the  period  of secure confinement set by the court order or one
  year, whichever  is  less,  except  for  emergency  visits  for  medical
  treatment or severe illness or death in the family. All home visits must
  be  accompanied  home  visits: (A) while a youth is confined in a secure
  facility, whether such confinement is  pursuant  to  a  court  order  or
  otherwise; (B) while a youth is confined in a residential facility other
  than  a  secure facility within six months after confinement in a secure
  facility; and (C) while a youth is confined in  a  residential  facility
  other  than  a secure facility in excess of six months after confinement
  in a secure facility unless two accompanied  home  visits  have  already
  occurred.  An  "accompanied  home  visit" shall mean a home visit during
  which the youth shall be accompanied at  all  times  while  outside  the
  secure or residential facility by appropriate personnel of the office of
  children  and family services or, if applicable, a local social services
  district which operates an approved juvenile justice services  close  to
  home  initiative  pursuant  to  section  four hundred four of the social
  services law.
    (b) Notwithstanding any other  provision  of  law,  during  the  first
  twelve months of the respondent's placement, no motion, hearing or order
  may  be  made,  held  or  granted  pursuant  to section 355.1; provided,
  however, that during such period a motion to vacate  the  order  may  be
  made  pursuant  to  such  section,  but  only  upon grounds set forth in
  section 440.10 of the criminal procedure law.
    (c) During the placement or any extension thereof:
    (i) after the expiration of the period provided in subparagraph  (iii)
  of  paragraph  (a)  of  this  subdivision,  the  respondent shall not be
  released from a residential facility without the written approval of the
  office of children and family  services  or,  if  applicable,  a  social
  services  district operating an approved juvenile justice services close
  to home initiative pursuant to section four hundred four of  the  social
  services law.
    (ii) the respondent shall be subject to intensive supervision whenever
  not in a secure or residential facility.
    (iii)  the  respondent shall not be discharged from the custody of the
  office of children and family  services  or,  if  applicable,  a  social
  services  district operating an approved juvenile justice services close
  to home initiative pursuant to section four hundred four of  the  social
  services law, unless a motion therefor under section 355.1 is granted by
  the  court,  which  motion  shall not be made prior to the expiration of
  three years of the placement.
    (iv) unless otherwise specified in the order, the office  of  children
  and  family  services  or,  if  applicable,  a  social services district
  operating an approved juvenile justice services close to home initiative
  pursuant to section four hundred four of the social services  law  shall
  report  in  writing  to  the  court  not less than once every six months
  during the placement on the  status,  adjustment  and  progress  of  the
  respondent.
    (d)  Upon  the  expiration  of the initial period of placement, or any
  extension thereof, the placement may  be  extended  in  accordance  with
  section  355.3  on a petition of any party or the office of children and
  family services, or, if applicable, a social services district operating
  an approved juvenile justice services close to home initiative  pursuant
  to  section  four  hundred  four  of  the  social  services law, after a
  dispositional hearing, for an additional period  not  to  exceed  twelve
  months,  but  no  initial placement or extension of placement under this
  section may continue beyond the respondent's twenty-first birthday.
    (e) The court may also make an order pursuant to  subdivision  two  of
  section 353.4.
    * NB Effective until March 31, 2018
    * 4.  When  the  order is for a restrictive placement in the case of a
  youth found to have committed a designated class A felony act,
    (a) the order shall provide that:
    (i) the respondent shall be placed with the division for youth for  an
  initial  period  of  five years. 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.
    (ii) the respondent shall initially be confined in a  secure  facility
  for  a period set by the order, to be not less than twelve nor more than
  eighteen months provided, however, where the order of the court is  made
  in  compliance  with  subdivision five the respondent shall initially be
  confined in a secure facility for eighteen months.
    (iii) after the period set under clause (ii), the respondent shall  be
  placed in a residential facility for a period of twelve months.
    (iv)  the  respondent  may  not  be released from a secure facility or
  transferred to a facility other than a secure facility during the period
  provided in clause (ii) of this paragraph, nor  may  the  respondent  be
  released  from  a  residential  facility  during  the period provided in
  clause (iii). No home visits shall be permitted  during  the  period  of
  secure  confinement  set  by  the  court order or one year, whichever is
  less, except for  emergency  visits  for  medical  treatment  or  severe
  illness or death in the family. All home visits must be accompanied home
  visits: (A) while a youth is confined in a secure facility, whether such
  confinement is pursuant to a court order or otherwise; (B) while a youth
  is  confined  in  a  residential  facility  other than a secure facility
  within six months after confinement in a secure facility; and (C)  while
  a  youth  is  confined  in  a  residential  facility other than a secure
  facility in excess of six months after confinement in a secure  facility
  unless   two   accompanied   home   visits  have  already  occurred.  An
  "accompanied home visit" shall mean a home visit during which the  youth
  shall   be  accompanied  at  all  times  while  outside  the  secure  or
  residential  facility by appropriate personnel of the division for youth
  designated pursuant to regulations of the director of the division.
    (b) Notwithstanding any other  provision  of  law,  during  the  first
  twelve months of the respondent's placement, no motion, hearing or order
  may  be  made,  held  or  granted  pursuant  to section 355.1; provided,
  however, that during such period a motion to vacate  the  order  may  be
  made  pursuant  to  355.1,  but  only  upon grounds set forth in section
  440.10 of the criminal procedure law.
    (c) During the placement or any extension thereof:
    (i) after the expiration of the period provided  in  clause  (iii)  of
  paragraph  (a),  the respondent shall not be released from a residential
  facility without the written approval of the director  of  the  division
  for youth or his designated deputy director.
    (ii) the respondent shall be subject to intensive supervision whenever
  not in a secure or residential facility.
    (iii)  the  respondent shall not be discharged from the custody of the
  division for youth, unless a motion  therefor  under  section  355.1  is
  granted  by  the  court,  which  motion  shall  not be made prior to the
  expiration of three years of the placement.
    (iv) unless otherwise specified  in  the  order,  the  division  shall
  report  in  writing  to  the  court  not less than once every six months
  during the placement on the  status,  adjustment  and  progress  of  the
  respondent.
    (d)  Upon  the  expiration  of the initial period of placement, or any
  extension thereof, the placement may  be  extended  in  accordance  with
  section 355.3 on a petition of any party or the division for youth after
  a  dispositional  hearing, for an additional period not to exceed twelve
  months, but no initial placement or extension of  placement  under  this
  section may continue beyond the respondent's twenty-first birthday.
    (e)  The  court  may also make an order pursuant to subdivision two of
  section 353.4.
    * NB Effective March 31, 2018
    * 5. When the order is for a restrictive placement in the  case  of  a
  youth  found  to  have  committed  a designated felony act, other than a
  designated class A felony act,
    (a) the order shall provide that:
    (i) the respondent shall be placed with the  office  of  children  and
  family  services for an initial period of three years. 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.
    (ii)  the  respondent shall initially be confined in a secure facility
  for a period set by the order, to be not less than  six  nor  more  than
  twelve months.
    (iii)  after the period set under subparagraph (ii) of this paragraph,
  the respondent shall be placed in a residential facility  for  a  period
  set  by  the order, to be not less than six nor more than twelve months;
  provided, however, that if the respondent has been placed from a  family
  court  in  a  social  services  district  operating an approved juvenile
  justice services close to  home  initiative  pursuant  to  section  four
  hundred  four  of  the  social  services  law,  once  the time frames in
  subparagraph (ii) of this paragraph are met:
    (A) beginning  on  the  effective  date  of  such  a  social  services
  district's   plan  that  only  covers  juvenile  delinquents  placed  in
  non-secure settings, if the  office  of  children  and  family  services
  concludes,  based  on the needs and best interests of the respondent and
  the  need  for  protection for the community, that a non-secure level of
  care is appropriate  for  the  respondent,  such  office  shall  file  a
  petition  pursuant to paragraph (b) or (c) of subdivision two of section
  355.1 of this part to have the respondent  placed  with  the  applicable
  local commissioner of social services; and
    (B)  beginning  on  the  effective  date  of  such  a  social services
  district's plan to implement programs for youth placed in limited secure
  settings, if the office of children and family services concludes, based
  on the needs and best interests of  the  respondent  and  the  need  for
  protection  for the community, that a non-secure or limited secure level
  of care is appropriate for the respondent,  such  office  shall  file  a
  petition  pursuant to paragraph (b) or (c) of subdivision two of section
  355.1 of this part to have the respondent  placed  with  the  applicable
  local commissioner of social services.
    (C)  If  the  respondent is placed with a local commissioner of social
  services in accordance with clause (A) or (B) of this subparagraph,  the
  remainder  of  the provisions of this section shall continue to apply to
  the respondent's placement.
    (iv) the respondent may not be released  from  a  secure  facility  or
  transferred to a facility other than a secure facility during the period
  provided  by  the court pursuant to subparagraph (ii) of this paragraph,
  nor may the respondent be released from a  residential  facility  during
  the  period provided by the court pursuant to subparagraph (iii) of this
  paragraph. No home visits shall be permitted during the period of secure
  confinement set by the court order  or  one  year,  whichever  is  less,
  except  for  emergency visits for medical treatment or severe illness or
  death in the family. All home visits must be  accompanied  home  visits:
  (A)  while  a  youth  is  confined  in  a  secure facility, whether such
  confinement is pursuant to a court order or otherwise; (B) while a youth
  is confined in a residential  facility  other  than  a  secure  facility
  within  six months after confinement in a secure facility; and (C) while
  a youth is confined in  a  residential  facility  other  than  a  secure
  facility  in excess of six months after confinement in a secure facility
  unless  two  accompanied  home  visits   have   already   occurred.   An
  "accompanied  home visit" shall mean a home visit during which the youth
  shall  be  accompanied  at  all  times  while  outside  the  secure   or
  residential  facility by appropriate personnel of the office of children
  and family services  or,  if  applicable,  a  social  services  district
  operating an approved juvenile justice close to home initiative pursuant
  to section four hundred four of the social services law.
    (b)  Notwithstanding  any other provision of law, during the first six
  months of the respondent's placement, no motion, hearing or order may be
  made, held or granted pursuant to section 355.1; provided, however, that
  during such period a motion to vacate the order may be made pursuant  to
  such  section,  but only upon grounds set forth in section 440.10 of the
  criminal procedure law.
    (c) During the placement or any extension thereof:
    (i) after the expiration of the period provided in subparagraph  (iii)
  of  paragraph  (a)  of  this  subdivision,  the  respondent shall not be
  released from a residential facility without the written approval of the
  office of children and family  services  or,  if  applicable,  a  social
  services  district operating an approved juvenile justice services close
  to home initiative pursuant to section four hundred four of  the  social
  services law.
    (ii) the respondent shall be subject to intensive supervision whenever
  not in a secure or residential facility.
    (iii)  the  respondent shall not be discharged from the custody of the
  office of children and family services,  or,  if  applicable,  a  social
  services  district operating an approved juvenile justice services close
  to home initiative pursuant to section four hundred four of  the  social
  services law.
    (iv)  unless  otherwise specified in the order, the office of children
  and family services  or,  if  applicable,  a  social  services  district
  operating an approved juvenile justice services close to home initiative
  pursuant  to section four hundred four of the social services law, shall
  report in writing to the court not  less  than  once  every  six  months
  during  the  placement  on  the  status,  adjustment and progress of the
  respondent.
    (d) Upon the expiration of the initial  period  of  placement  or  any
  extension  thereof,  the  placement  may  be extended in accordance with
  section 355.3 upon petition of any party or the office of  children  and
  family  services or, if applicable, a social services district operating
  an approved juvenile justice services close to home initiative  pursuant
  to  section  four  hundred  four  of  the  social  services law, after a
  dispositional hearing, for an additional period  not  to  exceed  twelve
  months,  but  no  initial placement or extension of placement under this
  section may continue beyond the respondent's twenty-first birthday.
    (e) The court may also make an order pursuant to  subdivision  two  of
  section 353.4.
    * NB Effective until March 31, 2018
    * 5.  When  the  order is for a restrictive placement in the case of a
  youth found to have committed a designated  felony  act,  other  than  a
  designated class A felony act,
    (a) the order shall provide that:
    (i)  the respondent shall be placed with the division for youth for an
  initial period of three years. 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.
    (ii)  the  respondent shall initially be confined in a secure facility
  for a period set by the order, to be not less than  six  nor  more  than
  twelve months.
    (iii)  after the period set under clause (ii), the respondent shall be
  placed in a residential facility for a period set by the  order,  to  be
  not less than six nor more than twelve months.
    (iv)  the  respondent  may  not  be released from a secure facility or
  transferred to a facility other than a secure facility during the period
  provided by the court pursuant to clause (ii), nor may the respondent be
  released from a residential facility during the period provided  by  the
  court pursuant to clause (iii). No home visits shall be permitted during
  the  period  of  secure  confinement set by the court order or one year,
  whichever is less, except for emergency visits for medical treatment  or
  severe  illness  or  death  in  the  family.  All  home  visits  must be
  accompanied home visits: (A) while a  youth  is  confined  in  a  secure
  facility,  whether  such  confinement  is  pursuant  to a court order or
  otherwise; (B) while a youth is confined in a residential facility other
  than a secure facility within six months after confinement in  a  secure
  facility;  and  (C)  while a youth is confined in a residential facility
  other than a secure facility in excess of six months  after  confinement
  in  a  secure  facility  unless two accompanied home visits have already
  occurred. An "accompanied home visit" shall mean  a  home  visit  during
  which  the  youth  shall  be  accompanied at all times while outside the
  secure  or residential facility by appropriate personnel of the division
  for youth designated pursuant to regulations  of  the  director  of  the
  division.
    (b)  Notwithstanding  any other provision of law, during the first six
  months of the respondent's placement, no motion, hearing or order may be
  made, held or granted pursuant to section 355.1; provided, however, that
  during such period a motion to vacate the order may be made pursuant  to
  such  section,  but only upon grounds set forth in section 440.10 of the
  criminal procedure law.
    (c) During the placement or any extension thereof:
    (i) after the expiration of the period provided  in  clause  (iii)  of
  paragraph  (a),  the respondent shall not be released from a residential
  facility without the written approval of the director  of  the  division
  for youth or his designated deputy director.
    (ii) the respondent shall be subject to intensive supervision whenever
  not in a secure or residential facility.
    (iii)  the  respondent shall not be discharged from the custody of the
  division for youth.
    (iv) unless otherwise specified  in  the  order,  the  division  shall
  report  in  writing  to  the  court  not less than once every six months
  during the placement on the  status,  adjustment  and  progress  of  the
  respondent.
    (d)  Upon  the  expiration  of  the initial period of placement or any
  extension thereof, the placement may  be  extended  in  accordance  with
  section  355.3  upon  petition  of  any party or the division for youth,
  after a dispositional hearing, for an additional period  not  to  exceed
  twelve  months, but no initial placement or extension of placement under
  this section may continue beyond the respondent's twenty-first birthday.
    (e) The court may also make an order pursuant to  subdivision  two  of
  section 353.4.
    * NB Effective March 31, 2018
    6.  When  the  order  is  for a restrictive placement in the case of a
  youth found to have committed any designated felony act and  such  youth
  has been found by a court to have committed a designated felony act on a
  prior  occasion,  regardless  of  the  age  of such youth at the time of
  commission of such prior act, the order  of  the  court  shall  be  made
  pursuant to subdivision four.
    7.  If  the  dispositional  hearing has been adjourned on a finding of
  specific circumstances pursuant to  subdivision  six  of  section  350.1
  while  the  respondent is in detention, where a restrictive placement is
  subsequently ordered, time spent by the respondent in  detention  during
  such  additional  adjournment  shall be credited and applied against any
  term of secure confinement ordered by the court pursuant to  subdivision
  four or five.
    * 8. The office of children and family services or, if applicable, the
  social  services district operating an approved close to home initiative
  pursuant to section four hundred four of the social services law,  shall
  retain the power to continue the confinement of the youth in a secure or
  other  residential facility, as applicable, beyond the periods specified
  by the court, within the term of the placement.
    * NB Effective until March 31, 2018
    * 8. The division for youth shall retain the  power  to  continue  the
  confinement  of  the  youth  in  a  secure or other residential facility
  beyond the periods specified by  the  court,  within  the  term  of  the
  placement.
    * NB Effective March 31, 2018

   S 353.6. Restitution. 1.  At  the  conclusion  of the dispositional
  hearing in cases involving respondents over ten years of age  the  court
  may:
    (a)  recommend as a condition of placement, or order as a condition of
  probation  or  conditional   discharge,   restitution   in   an   amount
  representing  a fair and reasonable cost to replace the property, repair
  the  damage  caused  by  the  respondent  or  provide  the  victim  with
  compensation  for unreimbursed medical expenses, not, however, to exceed
  one thousand five hundred dollars. In the case of a placement, the court
  may recommend that the respondent pay out of his or  her  own  funds  or
  earnings  the  amount  of  replacement,  damage  or unreimbursed medical
  expenses, either in a lump sum or in periodic payments in amounts set by
  the agency with which he or she is placed, and in the case of  probation
  or  conditional discharge, the court may require that the respondent pay
  out of his or her own funds  or  earnings  the  amount  of  replacement,
  damage  or  unreimbursed  medical  expenses,  either in a lump sum or in
  periodic payments in amounts set by the court; and/or
    (b) order as a  condition  of  placement,  probation,  or  conditional
  discharge, services for the public good including in the case of a crime
  involving  willful, malicious, or unlawful damage or destruction to real
  or personal property maintained as a cemetery plot, grave, burial place,
  or  other  place  of  interment  of  human  remains,  services  for  the
  maintenance  and  repair  thereof, taking into consideration the age and
  physical condition of the respondent.
    2. If the court recommends restitution or requires  services  for  the
  public  good  in  conjunction  with  an  order  of placement pursuant to
  section 353.3  or  353.5,  the  placement  shall  be  made  only  to  an
  authorized  agency,  including the division for youth, which has adopted
  rules and regulations for the supervision of such a program, which rules
  and regulations, except in the case of the division for youth, shall  be
  subject to the approval of the state department of social services. Such
  rules  and  regulations shall include, but not be limited to provisions:
  (i) assuring that the conditions of  work,  including  wages,  meet  the
  standards  therefor prescribed pursuant to the labor law; (ii) affording
  coverage to the respondent under the workers'  compensation  law  as  an
  employee  of  such  agency,  department,  division or institution; (iii)
  assuring that the entity receiving such services shall not  utilize  the
  same to replace its regular employees; and (iv) providing for reports to
  the court not less frequently than every six months.
    3.  If  the court requires restitution or services for the public good
  as a condition of probation or conditional discharge, it  shall  provide
  that  an agency or person supervise the restitution or services and that
  such agency or person report to the court not less frequently than every
  six months. Upon the written notice submitted by a  school  district  to
  the  court  and  the  appropriate  probation  department or agency which
  submits probation recommendations or reports to the court, the court may
  provide that such school district shall  supervise  the  performance  of
  services for the public good.
    4. The court, upon receipt of the reports provided for in subdivisions
  two  and  three  may,  on  its  own  motion or the motion of the agency,
  probation service or the presentment agency, hold a hearing pursuant  to
  section  355.1  to  determine  whether the dispositional order should be
  modified.

   S 354.1. Retention and destruction of fingerprints of persons alleged
  to  be  juvenile  delinquents.  1.  If  a  person  whose   fingerprints,
  palmprints  or  photographs  were taken pursuant to section 306.1 or was
  initially fingerprinted  as  a  juvenile  offender  and  the  action  is
  subsequently removed to a family court pursuant to article seven hundred
  twenty-five  of  the  criminal  procedure  law  is  adjudicated  to be a
  juvenile delinquent for a felony, the  family  court  shall  forward  or
  cause  to  be  forwarded  to  the  division of criminal justice services
  notification of such adjudication and such related information as may be
  required by such division, provided, however, in the case  of  a  person
  eleven  or  twelve years of age such notification shall be provided only
  if the act upon which the adjudication is based would constitute a class
  A or B felony.
    2. If a person whose  fingerprints,  palmprints  or  photographs  were
  taken  pursuant  to  section  306.1  or was initially fingerprinted as a
  juvenile offender and the action is subsequently removed to family court
  pursuant to article seven hundred twenty-five of the criminal  procedure
  law  has had all petitions disposed of by the family court in any manner
  other than an adjudication of juvenile delinquency for a felony, but  in
  the  case  of acts committed when such person was eleven or twelve years
  of age which would constitute a class A  or  B  felony  only,  all  such
  fingerprints,  palmprints,  photographs,  and  copies  thereof,  and all
  information relating to such allegations obtained  by  the  division  of
  criminal  justice  services pursuant to section 306.1 shall be destroyed
  forthwith.  The clerk of the court shall notify the commissioner of  the
  division  of  criminal  justice  services  and  the  heads of all police
  departments and law enforcement agencies having copies of such  records,
  who shall destroy such records without unnecessary delay.
    3.  If  the  appropriate  presentment  agency  does  not  originate  a
  proceeding under section  310.1  for  a  case  in  which  the  potential
  respondent's  fingerprints  were  taken  pursuant  to section 306.1, the
  presentment agency shall serve a certification of such action  upon  the
  division  of  criminal justice services, and upon the appropriate police
  department or law enforcement agency.
    4. If, following the taking into custody of a person alleged to  be  a
  juvenile  delinquent  and  the  taking and forwarding to the division of
  criminal justice services of such person's  fingerprints  but  prior  to
  referral  to the probation department or to the family court, an officer
  or agency, elects not to proceed further, such officer or  agency  shall
  serve  a  certification  of  such election upon the division of criminal
  justice services.
    5. Upon certification pursuant to subdivision twelve of section  308.1
  or  subdivision  three or four of this section, the department or agency
  shall destroy forthwith all fingerprints, palmprints,  photographs,  and
  copies  thereof, and all other information obtained in the case pursuant
  to section 306.1. Upon receipt of such certification,  the  division  of
  criminal justice services and all police departments and law enforcement
  agencies having copies of such records shall destroy them.
    6.   If   a   person  fingerprinted  pursuant  to  section  306.1  and
  subsequently adjudicated a juvenile delinquent for a felony, but in  the
  case  of acts committed when such a person was eleven or twelve years of
  age which would constitute a class A or B felony only,  is  subsequently
  convicted  of a crime, all fingerprints and related information obtained
  by the division of criminal justice services pursuant  to  such  section
  and  not  destroyed  pursuant  to  subdivisions  two,  five and seven or
  subdivision twelve of section 308.1 shall become part of such division's
  permanent adult criminal record for that person, notwithstanding section
  381.2 or 381.3.
    7.  When  a  person  fingerprinted  pursuant  to  section  306.1   and
  subsequently  adjudicated a juvenile delinquent for a felony, but in the
  case of acts committed when such person was eleven or  twelve  years  of
  age  which  would constitute a class A or B felony only, reaches the age
  of  twenty-one, or has been discharged from placement under this act for
  at least three years,  whichever  occurs  later,  and  has  no  criminal
  convictions  or pending criminal actions which ultimately terminate in a
  criminal conviction,  all  fingerprints,  palmprints,  photographs,  and
  related  information  and  copies  thereof  obtained pursuant to section
  306.1 in the possession of the division of  criminal  justice  services,
  any  police department, law enforcement agency or any other agency shall
  be destroyed forthwith. The division of criminal justice services  shall
  notify  the  agency  or  agencies  which  forwarded fingerprints to such
  division pursuant to section 306.1 of their obligation to destroy  those
  records  in  their  possession. In the case of a pending criminal action
  which does not terminate in a criminal conviction, such records shall be
  destroyed forthwith upon such determination.

  S 354.2. Duties  of  counsel.  1.  If  the  court  has  entered  a
  dispositional order pursuant to section 352.2, it shall be the  duty  of
  the  respondent's  counsel to promptly advise such respondent and his or
  her parent or other person responsible for his or her care in writing of
  the right to appeal to the appropriate appellate division of the supreme
  court, the time limitations  involved,  the  manner  of  instituting  an
  appeal  and  obtaining  a  transcript  of the testimony and the right to
  apply for leave to appeal as a poor person if he or she is unable to pay
  the cost of an appeal. It shall be the further duty of such  counsel  to
  explain  to  the  respondent and his or her parent or person responsible
  for his or her care  the  procedures  for  instituting  an  appeal,  the
  possible  reasons  upon  which an appeal may be based and the nature and
  possible consequences of the appellate process.
    2. It shall also be the duty of such counsel to ascertain whether  the
  respondent  wishes to appeal and, if so, to serve and file the necessary
  notice of appeal.
    3. If the respondent has been permitted to waive  the  appointment  of
  counsel  pursuant  to  section two hundred forty-nine-a, it shall be the
  duty of the court to provide the  notice  and  explanation  pursuant  to
  subdivision  one  and, if the respondent indicates that he or she wishes
  to appeal, the clerk of the court shall file and  serve  the  notice  of
  appeal.

   S 355.1. New hearing; staying, modifying or terminating an order. 1.
  Upon a showing of a substantial change of circumstances, the  court  may
  on its own motion or on motion of the respondent or his parent or person
  responsible for his care:
    (a) grant a new fact-finding or dispositional hearing; or
    (b)  stay  execution  of,  set  aside, modify, terminate or vacate any
  order issued in the course of a proceeding under this article.
    * 2. An order issued under section 353.3, may, upon  a  showing  of  a
  substantial  change of circumstances, be set aside, modified, vacated or
  terminated upon motion of the commissioner of  social  services  or  the
  office of children and family services with whom the respondent has been
  placed.
    (a)(i)  For  a social services district that only has an approved plan
  to implement programs for  juvenile  delinquents  placed  in  non-secure
  settings  as part of an approved juvenile justice services close to home
  initiative pursuant to section four hundred four of the social  services
  law,  beginning  on  the  effective  date  of that plan, if the district
  determines that placement in a limited secure  facility  is  appropriate
  and  consistent  with  the  need for protection of the community and the
  needs and best interests of the respondent placed  into  its  care,  the
  social  services  district shall file a petition to transfer the custody
  of the respondent to the office of children  and  family  services,  and
  shall  provide  a  copy of such petition to such office, the respondent,
  the attorney for the respondent and the  respondent's  parent  or  legal
  guardian.  The  court  shall  render  a  decision  whether  the juvenile
  delinquent should be transferred to the office within seventy-two hours,
  excluding weekends and public holidays. The family  court  shall,  after
  allowing the office of children and family services and the attorney for
  the  respondent,  after  notice  having been given, an opportunity to be
  heard, grant such a petition only if the court determines, and states in
  its written order,  the  reasons  why  a  limited  secure  placement  is
  necessary  and  consistent  with  the  needs  and  best interests of the
  respondent and the need for protection of the community.
    (ii) For a social services district with an approved plan or  approved
  plans  that  cover  juvenile  delinquents  placed  in  non-secure  or in
  non-secure and in  limited  secure  settings  as  part  of  an  approved
  juvenile  justice  services close to home initiative pursuant to section
  four hundred four of the social services law, beginning on the effective
  date of the plan, if the district determines  that  a  secure  level  of
  placement  is appropriate and consistent with the need for protection of
  the community and the needs and best interests of the respondent  placed
  into  its  care,  the  social services district shall file a petition to
  transfer the custody of the respondent to the  office  of  children  and
  family  services,  and  shall  provide  a  copy of such petition to such
  office,  the  respondent,  the  attorney  for  the  respondent  and  the
  respondent's parent or legal guardian. The court shall render a decision
  whether  the  youth  should  be  transferred  within  seventy-two hours,
  excluding weekends and public holidays. The family  court  shall,  after
  allowing the office of children and family services and the attorney for
  the  respondent,  after  notice  having been given, an opportunity to be
  heard, grant such a petition only if the court determines, and states in
  its written order, that the youth needs  a  secure  level  of  placement
  because:
    (A)  the  respondent  has  been shown to be exceptionally dangerous to
  himself or herself or to other persons. Exceptionally dangerous behavior
  may include, but is not limited to,  one  or  more  serious  intentional
  assaults, sexual assaults or setting fires; or
    (B)  the  respondent has demonstrated by a pattern of behavior that he
  or she needs a more structured setting and the social services  district
  has  considered the appropriateness and availability of a transfer to an
  alternative non-secure or limited secure  facility.  Such  behavior  may
  include,  but  is  not  limited  to:  disruptions  in facility programs;
  continuously  and  maliciously  destroying  property;   or,   repeatedly
  committing  or  inciting other youth to commit assaultive or destructive
  acts.
    (iii) The court may order that the respondent be  housed  in  a  local
  secure  detention  facility on an interim basis pending its final ruling
  on the petition filed pursuant to this paragraph.
    (b) The following provisions shall apply if the office of children and
  family services files a  petition  with  a  family  court  in  a  social
  services  district  with  an approved juvenile justice services close to
  home initiative pursuant to section four  hundred  four  of  the  social
  services law to transfer, within the first ninety days that such plan is
  effective,  to  such  district  a respondent placed in the office's care
  pursuant to either section 353.3 or 353. 5 of this part:
    (i) Such a petition shall be provided to the respondent, the  attorney
  for the respondent and the respondent's parent or legal guardian. If the
  district  only  has  an  approved  plan that covers juvenile delinquents
  placed in non-secure settings, the  family  court  shall  grant  such  a
  petition,  without  a  hearing,  unless the attorney for the respondent,
  after notice, objects to the transfer on the basis that  the  respondent
  needs  to  be placed with the office or the family court determines that
  there is insufficient information in the petition to grant the  transfer
  without  a hearing. The family court shall grant the petition unless the
  court determines, and states in  its  written  order,  the  reasons  why
  placement with the office is necessary and consistent with the needs and
  best  interests  of  the  respondent  and the need for protection of the
  community.
    (ii) If the district has an approved plan or approved plans that cover
  juvenile  delinquents  placed  in  non-secure  and  in  limited   secure
  settings,  for  the first ninety days that the plan that covers juvenile
  delinquents in limited secure settings is effective,  the  family  court
  shall  grant such a petition, without a hearing, unless the attorney for
  the respondent, after notice, objects to the transfer on the basis  that
  the  respondent  needs  to be placed with the office or the family court
  determines that there is insufficient information  in  the  petition  to
  grant  the  transfer without a hearing. The family court shall grant the
  petition unless the court determines, and states in its  written  order,
  the  reasons  why  placement with the office is necessary and consistent
  with the needs and best interests of the respondent  and  the  need  for
  protection of the community.
    (c)  Beginning  ninety-one  days  after  the  effective  date a social
  services district's plan to  implement  programs  for  juvenile  justice
  services  close to home initiative pursuant to section four hundred four
  of the social services  law,  if  the  office  of  children  and  family
  services  files  a  petition  to  transfer to such district a respondent
  placed in the office's care pursuant to either section 353.3 or 353.5 of
  this part from a family court in such a social  services  district,  the
  office  shall  provide  a  copy  of  the petition to the social services
  district, the attorney for the respondent and the presentment agency.
    (i) If the district only has an approved  plan  that  covers  juvenile
  delinquents placed in non-secure settings, the family court shall, after
  allowing  the  social services district, the attorney for the respondent
  and the presentment agency an opportunity to be heard, grant a  petition
  filed  pursuant  to  this  subparagraph unless the court determines, and
  states in its written order, the reasons why a secure or limited  secure
  placement  is necessary and consistent with the needs and best interests
  of the respondent and the need for protection of the community.
    (ii) If the district has an approved plan or approved plans that cover
  juvenile  delinquents  placed in non-secure and limited secure settings,
  beginning ninety-one days after the effective  date  of  the  plan  that
  covers  juvenile  delinquents  placed  in  limited  secure settings, the
  family court, after allowing the social services district, the  attorney
  for  the  respondent  and  the  presentment  agency an opportunity to be
  heard, shall grant a  petition  filed  pursuant  to  this  subparagraph,
  unless  the  court  determines,  and  states  in  its written order, the
  reasons why a secure placement is  necessary  and  consistent  with  the
  needs  and  best interests of the respondent and the need for protection
  of the community.
    * NB Effective until March 31, 2018
    * 2. An order issued under section 353.3, may, upon  a  showing  of  a
  substantial  change of circumstances, be set aside, modified, vacated or
  terminated upon motion of the commissioner of  social  services  or  the
  division for youth with whom the respondent has been placed.
    * NB Effective March 31, 2018
    3.  If  the court issues a new order of disposition under this section
  the date such order expires shall not be later than the expiration  date
  of the original order.

   S 355.2. Motion procedures. 1. A motion for relief pursuant to section
  355.1  must  be in writing and must state the specific relief requested.
  If the motion is based upon the existence or  occurence  of  facts,  the
  motion  papers  must  contain  sworn  allegations  thereof;  such  sworn
  allegations may be based upon personal knowledge of the affiant or  upon
  information  and belief, provided that in the latter event the affidavit
  must state the sources of such  information  and  the  grounds  of  such
  belief.
    2.  Notice  of such motion, including the court's own motion, shall be
  served upon the respondent, the presentment agency and the  commissioner
  of  social  services  or  the  division  for youth having custody of the
  respondent. Motions shall  be  noticed  in  accordance  with  the  civil
  practice law and rules.
    3.  Each party to the motion shall have the right to oral argument and
  the court shall conduct a hearing to resolve any  material  question  of
  fact.
    4.  Regardless  of  whether  a  hearing  is conducted, the court, upon
  determining the motion, must set forth on the  record  its  findings  of
  fact, its conclusions of law and the reasons for its determination.
    5.  If  the  motion is denied, a motion requesting the same or similar
  relief cannot be filed for a period of ninety days  after  such  denial,
  unless the order of denial permits renewal at an earlier time.

   S 355.3. Extension of placement. 1. In any case in which the respondent
  has  been  placed  pursuant  to section 353.3 the respondent, the person
  with whom the respondent has been placed,  the  commissioner  of  social
  services,  or  the  division  for youth may petition the court to extend
  such placement. Such petition shall be filed at least sixty  days  prior
  to  the  expiration  of  the  period of placement, except for good cause
  shown but in no event shall such petition be filed  after  the  original
  expiration date.
    2.  The  court  shall  conduct  a  hearing  concerning  the  need  for
  continuing the placement. The respondent, the presentment agency and the
  agency with whom the respondent has been placed  shall  be  notified  of
  such  hearing and shall have the opportunity to be heard thereat. If the
  petition is filed within sixty days  prior  to  the  expiration  of  the
  period  of  placement,  the  court shall first determine at such hearing
  whether good cause has been shown. If good cause is not shown, the court
  shall dismiss the petition.
    3. The provisions of sections 350.3 and  350.4  shall  apply  at  such
  hearing.
    4.  At the conclusion of the hearing the court may, in its discretion,
  order an extension of the placement for not  more  than  one  year.  The
  court must consider and determine in its order:
    (i) that where appropriate, and where consistent with the need for the
  protection  of  the  community,  reasonable efforts were made to make it
  possible for the respondent to safely return to his or her home;
    (ii) in the case of a respondent who has attained the age of  sixteen,
  the  services needed, if any, to assist the child to make the transition
  from foster care to independent living; and
    (iii) in the case of a child placed outside New  York  state,  whether
  the  out-of-state  placement continues to be appropriate and in the best
  interests of the child.
    5. Pending final determination of a petition to extend such  placement
  filed  in accordance with the provisions of this section, the court may,
  on its own motion or at the request of  the  petitioner  or  respondent,
  enter one or more temporary orders extending a period of placement for a
  period  not  to  exceed  thirty  days  upon  satisfactory  proof showing
  probable cause for continuing such placement  and  that  each  temporary
  order   is  necessary.     The  court  may  order  additional  temporary
  extensions, not to exceed a total of  fifteen  days,  if  the  court  is
  unable to conclude the hearing within the thirty day temporary extension
  period.    In  no event shall the aggregate number of days in extentions
  granted or ordered under this subdivision  total  more  than  forty-five
  days.  The  petition  shall  be  dismissed if a decision is not rendered
  within the period of placement or any temporary extension thereof.
    6. Successive extensions  of  placement  under  this  section  may  be
  granted,   but  no  placement  may  be  made  or  continued  beyond  the
  respondent's eighteenth birthday without the child's consent and  in  no
  event past the child's twenty-first birthday.

  S 355.4. Provisions  for  routine  medical, dental and mental health
  services and treatment. * 1. At  the  conclusion  of  the  dispositional
  hearing  pursuant  to this article, where the respondent is to be placed
  with the office of children and family services  or  a  social  services
  district,  the  court  shall  inquire as to whether the parents or legal
  guardian of the youth, if present, will consent for the  office  or  the
  district  to  provide routine medical, dental and mental health services
  and treatment.
    * NB Effective until March 31, 2018
    * 1. At the conclusion of the dispositional hearing pursuant  to  this
  article,  where  the  respondent  is  to be placed with the division for
  youth, the court shall inquire  as  to  whether  the  parents  or  legal
  guardian  of  the  youth,  if  present, will consent for the division to
  provide  routine  medical,  dental  and  mental  health   services   and
  treatment.
    * NB Effective March 31, 2018
    * 2.  Notwithstanding subdivision one of this section, where the court
  places a youth with the office of children  and  family  services  or  a
  social services district pursuant to this article and no medical consent
  has  been obtained prior to an order of disposition, the placement order
  shall be deemed to grant consent for  the  office  or  the  district  to
  provide  for  routine  medical,  dental  and  mental health services and
  treatment to such youth so placed.
    * NB Effective until March 31, 2018
    * 2. Notwithstanding subdivision one of this section, where the  court
  places a youth with the division pursuant to this article and no medical
  consent  has  been  obtained  prior  to  an  order  of  disposition, the
  placement order shall be deemed to grant consent for  the  division  for
  youth  to provide for routine medical, dental and mental health services
  and treatment to such youth so placed.
    * NB Effective March 31, 2018
    3. Subject  to  regulations  of  the  department  of  health,  routine
  medical,  dental and mental health services and treatment is defined for
  the purposes of this section to mean any routine diagnosis or treatment,
  including  without  limitation  the  administration  of  medications  or
  nutrition, the extraction of bodily fluids for analysis, and dental care
  performed with a local anesthetic. Routine mental health treatment shall
  not  include  psychiatric administration of medication unless it is part
  of an ongoing mental health plan or unless it is otherwise authorized by
  law.
    4. (a) At any time during placement or at an  extension  of  placement
  hearing,  a  parent  or  legal  guardian  may make a motion objecting to
  routine medical, dental or mental health services  and  treatment  being
  provided to such youth as authorized under the provisions of subdivision
  one of this section.
    (b)  Such  notice  of  motion  shall  be  served  on  the  youth,  the
  presentment agency and the division not less than seven  days  prior  to
  the  return date of the motion. The persons on whom the notice of motion
  is served shall answer the motion not less  than  two  days  before  the
  return date.  On examining the motion and answer and, in its discretion,
  after  hearing  argument,  the  court  shall enter an order, granting or
  denying the motion.
    5. Nothing in this section shall preclude a youth from  consenting  on
  his  or  her  own behalf to any medical, dental or mental health service
  and treatment where otherwise  authorized  by  law  to  do  so,  or  the
  division  for  youth  from petitioning the court pursuant to section two
  hundred thirty-three of this act, as appropriate.

   S 355.5. Permanency hearing. * 1. For the purposes of this section the
  term  "non-secure  facility"  means a facility operated by an authorized
  agency in accordance with an operating certificate  issued  pursuant  to
  the social services law or a facility, not including a secure or limited
  secure facility, with a capacity of twenty-five beds or less operated by
  the  office  of  children and family services in accordance with section
  five hundred four of the executive law. The term  shall  not  include  a
  limited  secure  facility within a social services district operating an
  approved juvenile justice services close to home initiative pursuant  to
  section four hundred four of the social services law.
    * NB Effective until March 31, 2018
    * 1.  For  the purposes of this section the term "non-secure facility"
  means a facility operated by an authorized agency in accordance with  an
  operating  certificate  issued  pursuant to the social services law or a
  facility, not including a secure or  limited  secure  facility,  with  a
  capacity  of twenty-five beds or less operated by the office of children
  and family services in accordance with section five hundred four of  the
  executive law.
    * NB Effective March 31, 2018
    2. Where a respondent is placed with a commissioner of social services
  or  the office of children and family services pursuant to section 353.3
  of this article for a period of twelve or fewer months and resides in  a
  foster home or non-secure facility;
    (a)  The initial permanency hearing shall be held no later than twelve
  months after the respondent who was placed with a commissioner of social
  services or the office of children and family  services  entered  foster
  care  and  such  permanency hearing shall be held in conjunction with an
  extension of placement hearing held pursuant to section  355.3  of  this
  article.
    (b)  Subsequent  permanency hearings shall be held no later than every
  twelve months following the respondent's initial permanency hearing  and
  shall be held in conjunction with an extension of placement hearing held
  pursuant to section 355.3 of this article.
    3. Where a respondent is placed with a commissioner of social services
  or  the office of children and family services pursuant to section 353.3
  of this article for a period in excess of twelve months and resides in a
  foster home or in a non-secure facility;
    (a) the initial permanency hearing shall be held no later than  twelve
  months after the respondent who was placed with a commissioner of social
  services  or  the  office of children and family services entered foster
  care.
    (b) subsequent permanency hearings shall be held no later  than  every
  twelve  months  following  the  respondent's  initial  twelve  months in
  placement; provided, however, that they shall  be  held  in  conjunction
  with an extension of placement hearing held pursuant to section 355.3 of
  this article.
    4.  For  the  purposes  of  this  section,  the  respondent  shall  be
  considered to have entered foster care sixty days after  the  respondent
  was removed from his or her home pursuant to this article.
    5. A petition for an initial or subsequent permanency hearing shall be
  filed  by  the  office  of  children  and  family  services  or  by  the
  commissioner of social services with whom  the  respondent  was  placed.
  Such  petition  shall be filed no later than sixty days prior to the end
  of the month in which an initial or subsequent permanency  hearing  must
  be held, as directed in subdivision two of this section.
    6.  The  foster  parent  caring for the respondent or any pre-adoptive
  parent or relative providing care for the respondent shall  be  provided
  with  notice  of any permanency hearing held pursuant to this section by
  the office of children and family services or the commissioner of social
  services with whom  the  respondent  was  placed.  Such  foster  parent,
  pre-adoptive parent and relative shall have the right to be heard at any
  such  hearing;  provided,  however,  no such foster parent, pre-adoptive
  parent or relative shall be construed to  be  a  party  to  the  hearing
  solely on the basis of such notice and right to be heard. The failure of
  the foster parent, pre-adoptive parent, or relative caring for the child
  to appear at a permanency hearing shall constitute a waiver of the right
  to  be  heard  and such failure to appear shall not cause a delay of the
  permanency hearing nor shall such failure to appear be a ground for  the
  invalidation of any order issued by the court pursuant to this section.
    7. At the permanency hearing, the court must consider and determine in
  its order:
    (a)  where  appropriate,  that reasonable efforts were made to make it
  possible for the respondent to return safely to his or her home,  or  if
  the  permanency  plan  for  the  respondent is adoption, guardianship or
  another permanent living arrangement other than reunification  with  the
  parent  or  parents of the respondent, that reasonable efforts were made
  to make  and  finalize  such  alternate  permanent  placement  including
  consideration of appropriate in-state and out-of-state placements;
    (b)  in the case of a respondent who has attained the age of fourteen,
  the services needed, if any,  to  assist  the  respondent  to  make  the
  transition from foster care to independent living;
    (c)  in the case of a respondent placed outside of this state, whether
  the out-of-state placement continues to be appropriate and in  the  best
  interests of the respondent;
    (d)  with  regard  to the completion of placement ordered by the court
  pursuant to section 353.3 or 355.3 of this part: whether  and  when  the
  respondent:  (i)  will  be returned to the parent; (ii) should be placed
  for adoption with the local commissioner of  social  services  filing  a
  petition  for  termination  of parental rights; (iii) should be referred
  for legal guardianship; (iv) should be placed permanently with a fit and
  willing relative; or (v) should be placed in another  planned  permanent
  living  arrangement with a significant connection to an adult willing to
  be a permanency resource for the respondent if  the  respondent  is  age
  sixteen  or  older and (A) the office of children and family services or
  the local commissioner of social services has documented to  the  court:
  (1)  the  intensive,  ongoing,  and,  as  of  the  date  of the hearing,
  unsuccessful efforts made to return the  respondent  home  or  secure  a
  placement  for  the respondent with a fit and willing relative including
  adult siblings, a legal  guardian,  or  an  adoptive  parent,  including
  through efforts that utilize search technology including social media to
  find  biological  family members for children, (2) the steps being taken
  to ensure that (I) the respondent's foster family  home  or  child  care
  facility  is  following  the  reasonable  and prudent parent standard in
  accordance with guidance provided by the  United  States  department  of
  health  and human services, and (II) the respondent has regular, ongoing
  opportunities to engage in age or developmentally appropriate activities
  including by consulting with the respondent in an age-appropriate manner
  about the opportunities of the respondent to participate in  activities;
  and  (B)  the  office  of  children  and  family  services  or the local
  commissioner of social services has documented  to  the  court  and  the
  court  has  determined that there are compelling reasons for determining
  that it continues to not be in the best interest of  the  respondent  to
  return  home,  be referred for termination of parental rights and placed
  for adoption, placed with a fit and willing relative, or placed  with  a
  legal  guardian;  and  (C) the court has made a determination explaining
  why, as of the date of this hearing, another planned living  arrangement
  with  a  significant  connection  to an adult willing to be a permanency
  resource for  the  respondent  is  the  best  permanency  plan  for  the
  respondent; and
    (e) with regard to the completion or extension of placement ordered by
  the  court pursuant to section 353.3 or 355.3 of this article, the steps
  that must be taken by the agency with which the respondent is placed  to
  implement the plan for release or conditional release submitted pursuant
  to  paragraph (c) of subdivision seven of section 353.3 of this article,
  including  consideration  of  appropriate  in-state   and   out-of-state
  placements,  the adequacy of such plan and any modifications that should
  be made to such plan.
    8. At the  permanency  hearing,  the  court  shall  consult  with  the
  respondent  in  an  age-appropriate manner regarding the permanency plan
  for the respondent; provided, however, that if  the  respondent  is  age
  sixteen or older and the requested permanency plan for the respondent is
  placement  in  another  planned  permanent  living  arrangement  with  a
  significant connection to an adult willing to be a  permanency  resource
  for  the respondent, the court must ask the respondent about the desired
  permanency outcome for the respondent.
    9. The court shall not  reduce  or  terminate  the  placement  of  the
  respondent prior to the completion of the period of placement ordered by
  the court pursuant to section 353.3 or 355.3 of this article.

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