New York Laws
Sub Title A - Additional Services for Youth
510-C - Discharge From Custody.

§ 510-c. Discharge from custody. 1. The division may discharge from
its custody any child placed with the division whenever it deems such
discharge to be in the best interest of the child and there is
reasonable probability that the child can be discharged without
endangering the public safety; provided, however, that no child while
absent from a division facility without the consent of the director of
such facility shall be discharged by the division solely by reason of
the absence, and provided further that no child in the custody of the
division and transferred to the department of mental hygiene, while
absent from a department of mental hygiene facility without the consent
of the superintendent or director of such facility, shall be discharged
by the division.

2. Except as provided in subdivision three of this section, any child
who has been placed with the office of children and family services
shall be deemed to have been discharged therefrom if, during the period
provided in the order of placement or extension thereof, the child is
convicted of a crime or adjudicated a youthful offender, and is
committed to an institution in the department of corrections and
community supervision or department of mental hygiene, or receives a one
year sentence in a local correctional facility.

3. A child placed with the division pursuant to a restrictive
placement under the family court act shall not be discharged solely by
reason of conviction for a crime or adjudication as a juvenile
delinquent or youthful offender, nor shall any such child be discharged
except pursuant to section 353.5 of the family court act.

4. Upon the placement of any child eighteen years of age or over, or
upon the eighteenth birthday of any child placed in the custody of the
division for an adjudication of juvenile delinquency for having
committed an act which if committed by an adult would constitute a
felony, and still in the custody of the division, the division shall
notify the division of criminal justice services of such placement or
birthday provided, however, in the case of a child eleven or twelve
years of age, at the time the act or acts were committed, the division
of criminal justice services shall not be provided with the child's
name, unless the acts committed by such child would constitute a class A
or B felony. Upon the subsequent discharge of said child it shall be the
duty of the division to notify the division of criminal justice services
of that fact and the date of discharge. For the purposes of this
subdivision, a child's age shall be determined to be the age stated in
the placement order.