Family Court Act, Article 3, Juvenile Delinquency Part 5, § 353.3: Placement

After a minor is adjudicated to be a juvenile delinquent, a dispositional hearing is held to determine what in criminal court would be referred to as the "sentence." At the conclusion of a dispositional hearing an order of disposition will be issued that includes the disposition of the case. Possible dispositions include conditional discharge, probation, placement, transfer, restrictive placement and restitution. Under New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.3, "placement" means that the minor will be sent to reside with his parents, a relative, or to another appropriate residence. Placement may also involve that the minor be placed with the Commissioner of Social Services or Division of Youth which would in turn place the minor with an authorized agency.

If the minor committed a felony the placement would be for 18 months, while if the minor committed a misdemeanor, the placement would be for 12 months. If the minor was in detention pending the disposition of his or her case, the time in detention will be credited. The person or agency with whom the minor is placed must submit a report to the court at the conclusion of the placement with a recommendation as to whether the placement needs to be extended.

Example

Langston F. was alleged to have committed acts which, were he an adult, would constitute the crimes of attempted criminal sexual act in the first degree and attempted sexual abuse in the first degree. Langston F's 4-year-old brother was the alleged victim. Langston F. entered an admission that he committed attempted sexual abuse in the first degree. Following a dispositional hearing Langston F. was adjudicated to be a juvenile delinquent. The order of disposition directed that he be placed in the custody of the New York State Office of Children and Family Services (“OCFS”) for 18 months, with the direction that OCFS place him in the custody of Children's Village. The order of disposition further directed that OCFS and the authorized agency were to provide respondent with sex offender treatment.

Related Statutory Provisions
  1. Order of disposition: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 352.2
  2. Order of protection: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 352.3
  3. Conditional discharge: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.1
  4. Probation: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.2
  5. Transfer of certain juvenile delinquents: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.4
  6. Designated felony acts; restrictive placement: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.5
  7. Restitution: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.6
Family Court Act, Article 3, Child Protective Services, Part 5, § 353.3: Placement
  1. In accordance with § 352.2, the court may place the respondent in his own home or in the custody of a suitable relative or other suitable private person or the commissioner of social services or the division for youth pursuant to article nineteen-G of the executive law, subject to the orders of the court.
  2. Where the respondent is placed with the commissioner of social services, the court may direct the commissioner to place him with an authorized agency or class of authorized agencies. Unless the dispositional order provides otherwise, the court so directing shall include one of the following alternatives to apply in the event that the commissioner is unable to so place the respondent: (a) the commissioner shall apply to the court for an order to stay, modify, set aside, or vacate such directive pursuant to the provisions of § 355.1; or (b) the commissioner shall return the respondent to the family court for a new dispositional hearing and order.
  3. Where the respondent is placed with the division for youth, the court shall, unless it directs the division to place him with an authorized agency or class of authorized agencies pursuant to subdivision four authorize the division to do one of the following: (a) place the respondent in a secure facility without a further hearing at any time or from time to time during the first sixty days of residency in division for youth facilities. Notwithstanding the discretion of the division to place the respondent in a secure facility at any time during the first sixty days of residency in a division for youth facility, the respondent may be placed in a non-secure facility. In the event that the division desires to transfer a respondent to a secure facility at any time after the first sixty days of residency in division facilities, a hearing shall be held pursuant to subdivision three of § five hundred four-a of the executive law; or (b) place the respondent in a limited secure facility. The respondent may be transferred by the division to a secure facility after a hearing is held pursuant to § five hundred four-a of the executive law; provided, however, that during the first twenty days of residency in division facilities, the respondent shall not be transferred to a secure facility unless the respondent has committed an act or acts which are exceptionally dangerous to the respondent or to others; or (c) place the respondent in a non-secure facility. No respondent placed pursuant to this paragraph may be transferred by the division for youth to a secure facility.
  4. Where the respondent is placed with the division for youth, the court may direct the division to place the respondent with an authorized agency or class of authorized agencies and in the event the division is unable to so place the respondent or, discontinues the placement with the authorized agency, the respondent shall be deemed to have been placed with the division pursuant to paragraph (b) or (c) of subdivision three of this §. In such cases, the division shall notify the court, presentment agency, law guardian and parent or other person responsible for the respondent's care, of the reason for discontinuing the placement with the authorized agency and the level and location of the youth's placement.
  5. If the respondent has committed a felony the initial period of placement shall not exceed eighteen months. If the respondent has committed a misdemeanor such initial period of placement shall not exceed twelve months. If the respondent has been in detention pending disposition, the initial period of placement ordered under this § 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 § 355.1 concerning the need for continuing a placement.
  7. The place in which or the person with whom the respondent has been placed under this § shall submit a report to the court, law guardian or attorney of record, and presentment agency at the conclusion of the placement period, except as provided in paragraphs (a) and (b) of this subdivision. Such report shall include recommendations and such supporting data as is appropriate. The court may extend a placement pursuant to § 355.3 of this article. (a) Where the respondent is placed pursuant to subdivision two or three of this § and where the agency is not seeking an extension of the placement pursuant to § 355.3 of this article, such report shall be submitted not later than thirty days prior to the conclusion of the placement. (b) Where the respondent is placed pursuant to subdivision two or three of this § and where the agency is seeking an extension of the placement pursuant to § 355.3 of this article and a permanency hearing pursuant to § 355.5 of this article, such report shall be submitted not later than sixty days prior to the date on which the permanency hearing must be held and shall be annexed to the petition for a permanency hearing and extension of placement. (c) Where the respondent is placed pursuant to subdivision two or three of this §, such report shall contain a plan for the release, or conditional release (pursuant to § five hundred ten-a of the executive law), of the respondent to the custody of his or her parent or other person legally responsible, to independent living or to another permanency alternative as provided in paragraph (d) of subdivision seven of § 355.5 of this article. If the respondent is subject to article sixty-five of the education law or elects to participate in an educational program leading to a high school diploma, such plan shall include, but not be limited to, the steps that the agency with which the respondent is placed has taken and will be taking to facilitate the enrollment of the respondent in a school or educational program leading to a high school diploma following release, or, if such release occurs during the summer recess, upon the commencement of the next school term. If the respondent is not subject to article sixty-five of the education law and does not elect to participate in an educational program leading to a high school diploma, such plan shall include, but not be limited to, the steps that the agency with which the respondent is placed has taken and will be taking to assist the respondent to become gainfully employed or enrolled in a vocational program following release.
  8. In its discretion, the court may recommend restitution or require services for the public good pursuant to § 353.6 in conjunction with an order of placement.
  9. If the court places a respondent with the division for youth pursuant to this § after finding that such child committed a felony, the court may, in its discretion, further order that such respondent shall be confined in a residential facility for a minimum period set by the order, not to exceed six months.
  10. A placement pursuant to this § with the commissioner of social services shall not be directed in any detention facility, but the court may direct detention pending transfer to a placement authorized and ordered under this § 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 § three hundred ninety-eight of the social services law.
New York Juvenile Delinquency Lawyer

If your child is a respondent in a juvenile delinquency proceeding, it is important that he or she is represented by experienced counsel. Should your child be adjudicated to be a juvenile delinquent an order of disposition will be issued that may require that your child be placed on probation, be placed on conditional discharge, or that he or she be required to live elsewhere for over a year. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing juvenile clients in New York Family Court as well as in criminal court who have been accused of committing misdemeanors and felonies. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those involved in juvenile delinquency matters in the following locations:

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