New York Laws
Title 2 - Facilities
502-A - Day Placement.

§ 502-a. Day placement. 1. Definition. "Day placement" shall mean a
program for youth placed with the division which is an alternative to or
includes a period of residential placement. Such program shall require
the youth to adhere to conditions of participation and to attend
programs on certain days or during certain periods of days, or both, as
specified by the director.

2. Authorization for day placement. The director is authorized to
establish day placement programs for eligible youth as defined by the
director, pursuant to the rules and regulations of the division. The
director's decision to allow a youth to participate in the day placement
program shall be discretionary. As a part of day placement, the director
shall impose conditions of participation upon the youth. Such conditions
may include but shall not be limited to community, educational,
vocational, recreational and treatment services; evening and weekend
reporting programs; alternative educational programs; and periods of
residential placement.

3. Use of day placement. The director, pursuant to the rules and
regulations of the division, may approve a day placement in any case
where the court has ordered placement with the division pursuant to
section 353.3 of the family court act.

4. Duration of day placement. The duration of a day placement may be
for the same period of placement imposed by the court pursuant to
section 353.3 of the family court act. The term of the placement shall
commence on the day it is imposed and shall be calculated upon the basis
of the duration of its term, rather than upon the basis of the days
spent in residential placement, so that no youth shall be subject to
placement for a period that is longer than the initial period of
placement, unless an extension is granted pursuant to section 355.3 of
the family court act.

5. Interruption of placement. Consistent with the rule and regulation
of the division, in any case where a youth fails to report to the
facility or program specified by the director, the term of placement
shall be interrupted and such interruption shall continue until the
youth reports to such facility or program or is otherwise returned to
the custody of the division.

6. Modification or termination of day placement. It shall be within
the discretion of the director to modify or terminate a youth's
participation in day placement at any time. If the day placement is
terminated the youth shall be immediately placed in a residential
facility consistent with the court order.

7. Release and discharge. Decisions of the director regarding day
placement pursuant to this section or any conditional release or
discharge pursuant to sections five hundred ten-a and five hundred
hundred ten-c of this article shall be deemed a judicial function and
shall not be reviewable if done in accordance with law.