temporary care away from their homes in a secure or non-secure detention facility, pursuant to articles seven and three of the family court act]. Such regulations shall not require any county to provide temporary care in a secure detention facility for residents of any other county except upon a space available basis. The county executive, if there be one, otherwise the board of supervisors shall designate the agency of county government responsible for the administration of the county juvenile detention program and shall so advise the New York state division for youth and may make provisions therefor as follows:

§ 42. Paragraph e of subdivision 4 of section 3202 of the education law, as added by chapter 808 of the laws of 1984, is amended to read follows:

as

e. If within ninety days from the entry of an order or judgment of a court of competent jurisdiction or the receipt of a decision of the commissioner pursuant to section three hundred ten of this chapter, determining the responsibility of a school district to pay tuition for a pupil in accordance with the provisions of paragraph a of this subdivision or of [paragraph (c) of subdivision one of section five hundred two] section five hundred four of the executive law, such school district has not made payment to the school district providing instruction to such pupil, the school district entitled to such payment may make application to the commissioner to receive a sum in the amount of such tuition from the apportionment of public money payable to the school district required to pay such tuition. The application for payment shall be accompanied by a certified copy of the order or judgment of a court, or a copy of the decision of the commissioner, and by proof of service by first class mail of a copy of such application upon the school district required to pay such tuition. Unless the school district required to pay such tuition shall have notified the commissioner of such payment within thirty days from the receipt of such application, the commissioner shall withhold an amount equal to the tuition for such pupil from the public money payable to the school district responsible for such tuition and shall pay such amount to the school district which has provided instruction to such pupil. The commissioner is authorized to promulgate regulations to implement the provisions of this paragraph.

§ 43. Subdivision 6-a of section 3202 of the education law, as amended by chapter 683 of the laws of 1986, is amended to read as follows:

6-a. Notwithstanding subdivision six of this section the director of the division for youth shall be responsible for the secular education of youth under the jurisdiction of the division and may contract for such education with the trustees or board of education of the school district wherein a facility for the residential care of division for youth is located. A youth attending a local public school while in residence at such facility shall be deemed a resident of the school district where his parent or guardian resides at the commencement of each school year for the purpose of determining which school district shall be responsible for the youth's tuition pursuant to section [five hundred two] five hundred four of the executive law.

44. Subparagraph (i) of paragraph c of subdivision 1 of section 4005 of the education law, as amended by chapter 305 of the laws of 1988, is amended to read as follows:

(i) Any educational information obtained by the family court pursuant to this section shall be transmitted to the division for youth

pursuant to section [five hundred nineteen] five hundred seven-b of the executive law. The division shall use such information to determine the most appropriate placement for the child [where the placement has not been specified by the family court].

́§ 45. Subparagraph (ii) of paragraph c of subdivision 1 of section 4005 of the education law, as amended by chapter 305 of the laws of 1988, is amended to read as follows:

(ii) When the division for youth is considering the placement of a child thought to have a handicapping condition in a child care institution, pursuant to [section five hundred two] article nineteen-G of the executive law, the division shall request the school district of residence to provide that the committee on special education of such district evaluate such child and make written recommendations for appropriate educational services within forty-two days. Such information shall be used to determine the most appropriate placement for the child. If the committee on special education determines that the child does not EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

have a handicapping condition, it shall notify the the division of such determination within forty-two days.

§ 46. Subdivision (a) of section 9. 13 of the mental hygiene law, as amended by chapter 947 of the laws of 1981, is amended to read as follows:

(a) The director of any hospital may receive as a voluntary patient any suitable person in need of care and treatment, who voluntarily makes written application therefor. If the person is under sixteen years of age, the person may be received as a voluntary patient only on the application of the parent, legal guardian, or next-of-kin of such person, or, subject to the terms of any court order or any instrument executed pursuant to section three hundred eighty-four-a of the social services law, a social services official or authorized agency with care and custody of such person pursuant to the social services law, the director of the division for youth, acting in accordance with section [five hundred seventeen] five hundred nine of the executive law, or a person or entity having custody of the person pursuant to an order issued pursuant to section seven hundred fifty-six or one thousand fifty-five of the family court act. If the person is over sixteen and under eighteen years of age, the director may, in his discretion, admit such person either as a voluntary patient on his own application or on the application of the person's parent, legal guardian, next-of-kin, or, subject to the terms of any court order or any instrument executed pursuant to section three hundred eighty-four-a of the social services law, a social services official or authorized agency with care and custody of such person pursuant to the social services law, the director of the division for youth, acting in accordance with section [five hundred seventeen] five hundred nine of the executive law, provided that such person knowingly and voluntarily consented to such application in accordance with such section, or a person or entity having custody of the person pursuant to an order issued pursuant to section seven hundred fifty-six or one thousand fifty-five of the family court act.

§ 47. Paragraph 8 of subdivision (b) of section 9.27 of the mental hygiene law, as amended by chapter 343 of the laws of 1985, is amended to read as follows:

8. the director of the division for youth, acting in accordance with the provisions of section [five hundred seventeen] five hundred nine the executive law.

of

§ 48. Subdivision (b) of section 9.51 of the mental hygiene law, as added by chapter 947 of the laws of 1981, is amended to read as follows: (b) Persons admitted as in-patients to hospitals operated by the office of mental health upon the application of the director of the division for youth pursuant to section [five hundred seventeen] five hundred nine of the executive law or [seven hundred sixty] 353.4 of the family court act who are not subject to a restrictive placement pursuant to section [seven hundred fifty-three-a] 353.5 of the family court act may, if appropriate, and subject to the provisions of subdivision (d) of this section, be transferred to a residential treatment facility for children and youth. The director of the division for youth shall be notified of any such transfer. When appropriate, the director of the residential treatment facility may arrange the return of a patient so transferred to the hospital or the transfer of a patient to another hospital or, in accordance with subdivision four of section [five hundred seventeen] five hundred nine of the executive law, to the division for youth. § 49. Paragraph 7 of subdivision (b) of section 15.27 of the mental hygiene law, as added by chapter 659 and such section as renumbered by chapter 978 of the laws of 1977, is amended to read as follows:

7. the director of the division for youth, acting in accordance with the provisions of section [five hundred seventeen] five hundred nine of the executive law.

$ 50. Section 29. 16 of the mental hygiene law, as amended by chapter 789 of the laws of 1985, is amended to read as follows:

29. 16 Discharge; certain cases.

The director of a facility shall, with respect to any patient admitted to such facility pursuant to section [five hundred seventeen] five hundred nine of the executive law or 353.4 of the family court act and article nine or fifteen of this chapter, give immediate written notice to the director of the division for youth and to the mental hygiene legal service when any such patient leaves the facility without the consent of its director. Such patient shall not be discharged so long as there is a valid order of the family court placing such person with the division

for youth, youth, except in accordance with the provisions of section [five hundred seventeen] five hundred nine of the executive law or section 353.4 of the family court act.

§ 51. Subparagraph (iii) of paragraph (i) of subdivision 2 of section 65. 10 of the penal law, as amended by chapter 471 of the laws of 1980,

is amended as follows:

(iii) spends such part of the period of the sentence as the court may direct, but not exceeding two years, in a facility made available by the division for youth pursuant to [subdivision two of section five hundred two] article nineteen-G of the executive law, provided that admission to such facility may be made only with the prior consent of the division for youth,

52. Subdivision 4 of section 70.20 of the penal law, as added by chapter 303 of the laws of 1981, is amended to read as follows: 4. Notwithstanding any other provision of law to the contrary, a juvenile offender, or a juvenile offender who is adjudicated a youthful offender and given an indeterminate or a definite sentence, shall be committed to the custody of the director of the division for youth who shall arrange for the confinement of such offender in secure facilities of the division. The release or transfer or such offenders from the division for youth shall be governed by section [five hundred fifteen-b] five hundred eight of the executive law.

§ 53. Subdivision 1 and paragraph (a) of subdivision 2 of section 358-a of the social services law, subdivision 1 as amended by chapter 872 of the laws of 1984 and paragraph (a) of subdivision 2 as amended by chapter 808 of the laws of 1985, are amended to read as follows:

(1) Initiation of judicial proceeding. (a) A social services official who accepts or proposes to accept the custody and guardianship of a child by means of an instrument executed pursuant to the provisions of section three hundred eighty-four of this chapter, or the care and custody of a child as a public charge by means of an instrument executed pursuant to the provisions of section three hundred eighty-four-a of this chapter, and the division for youth which accepts or proposes to accept a child for placement in one of its facilities by means of an instrument pursuant to section five hundred two of the executive law,] shall determine whether such child is likely to remain in the care of such official [or division] for a period in excess of thirty consecutive days. If such official [or division] determines that the child is likely to remain in care for a period in excess of thirty consecutive days, such official [or division] shall petition the family court judge of the county or city in which the social services official has his or her office, [or in which the parent or guardian of a child placed with the division resides,] to approve such instrument upon a determination that the placement of the child is in the best interest of the child, that it would be contrary to the welfare of the child [for him] to continue in his or her own home and, that where appropriate, reasonable efforts were made prior to the placement of the child into foster care to prevent or eliminate the need for removal of the child from his or her home and that prior to the initiation of the court proceeding required to be held by this subdivision, reasonable efforts were made to make it possible for the child to return [to his] home. In the case of a child whose care and custody have been transferred to a social services official by means of an instrument executed pursuant to the provisions of section three hundred eighty-four-a of this chapter, approval of the instrument shall only be made upon an additional determination that all of the requirements of such section have been satisfied. (b) The social services official [or division for youth] shall initiate the proceeding by filing the petition as soon as practicable, but in no event later than thirty days following removal of the child from the home provided, however, that the court shall receive, hear and determine petitions filed later than thirty days following removal of the child from his or her home, but state reimbursement to the social services district for care and maintenance provided to such child shall be denied pursuant to section one hundred fifty-three-d of this chapter. The social services official [or division for youth] shall diligently pursue such proceeding. Where the care and custody of a child as a public charge has been transferred to a social services official by means of an instrument executed pursuant to the provisions of section three hundred eighty-four-a of this chapter, ΟΙ where the division for youth has accepted a child for placement in EXPLANATION-Matter in italics is new; matter in brackets [] is old law

one of its facilities by means of an instrument pursuant to section five hundred two of the executive law,] for a period of thirty days or less or for an indeterminate period which such official [or division] deems unlikely to exceed thirty days, and thereafter such official [or division] determines that such child will remain in his or [its] her care and custody for a period in excess of thirty days, such official [or division] shall, as soon as practicable but in no event later than thirty days following such determination, execute with the child's parent, parents or guardian a new instrument pursuant to the provision of section three hundred eighty-four or three hundred eighty-four-a of this chapter [or section five hundred two of the executive law, as may be appropriate,] and shall file a petition in family court, pursuant to this section, for approval of such instrument. In such cases involving a social services official, expenditures for the care and maintenance of such child from the date of the initial transfer of his care and custody to the social services official shall be subject to state reimbursement, notwithstanding the provisions of section one hundred fifty-three-d this chapter.

of

(a) Any petition required or authorized pursuant to subdivision one of this section shall allege whether the parent, parents or guardian executed the instrument because [he or they] the parent, parents or guardian would be unable to make adequate provision for the care, maintenance and supervision of such child in his or their own home, and shall include facts supporting the petition. The petition shall also set forth the names and last known addresses of all persons required to be given notice of the proceeding, pursuant to this section and section three hundred eighty-four-c of this chapter, and there shall be shown by the petition or by affidavit or other proof satisfactory to the court that there are no persons other than those set forth in the petition who are entitled to notice pursuant to the provisions of this section or of section three hundred eighty-four-c of this chapter. The petition shall also set forth the efforts which were made, prior to the placement of the child into foster care, to prevent or eliminate the need for removal of the child from his or her home and the efforts which were made prior to the filing of the petition to make it possible for the child to return [to his] home. If such efforts were not made, the petition shall set forth the reasons why these efforts were not made. The petition shall request that, pending any hearing which may be required by the family court judge, a temporary order be made transferring the care and custody of the child to the social services official [or approving the placement of the child with the division for youth] in accordance with the provisions of subdivision three of this section. In the case of a child whose care and custody have been transferred to a social services official by means of an instrument executed pursuant to section three hundred eighty-four-a of this chapter, the petition shall also allege and there shall be shown by affidavit or other proof satisfactory to the court that all the requirements of such section have been satisfied. § 54. Paragraph (a) of subdivision 3 of section 358-a of the social services law, as amended by chapter 198 of the laws of 1991, is amended to read as follows: (a) If the court is satisfied that the parent, parents, or guardian executed such instrument knowingly and voluntarily and because he or she would be unable to make adequate provision for the care, maintenance and supervision of such child in his or her home, and that the requirements of section three hundred eighty-four-a of this chapter, if applicable, have been satisfied and that where appropriate, reasonable efforts were made prior to the placement of the child into foster care to prevent or eliminate the need for removal of the child from his or her home and that prior to the initiation of the court proceeding required to be held by subdivision one of this section, reasonable efforts were made to make it possible for the child to return to his or her home, the court may find and determine that the best interest and welfare of the child would be promoted by removal of the child from such home, and that it would be contrary to the welfare of such child for the child to continue in such home, and the court shall thereupon grant the petition and approve such instrument and the transfer of the custody and guardianship or care and custody of such child to such social services official [or the placement of the child with the division for youth] in accordance therewith. If the court determines that, where appropriate, reasonable efforts were made prior to the placement of the child into foster care to prevent or eliminate the need for removal of the child from his or her home, that prior to the initiation of the court proceeding reasonable efforts were

made to make it possible for the child to return to his or her home, or that it would be contrary to the best interests of the child to continue in the home, or 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, the court order shall include such findings. Approval of such instrument in a proceeding pursuant to this section shall not constitute a remand or commitment pursuant to this chapter and shall not preclude challenge in proceeding to the validity of the instrument.

any other

§ 55. Subparagraph (iii) of paragraph (b) of subdivision 4 of section 358-a of the social services law is repealed.

§ 56. Subdivision 5 of section 358-a of the social services law, as amended by chapter 78 of the laws of 1978, is amended to read as follows:

(5) Hearing and waiver. The instrument may include a consent by the parent, parents or guardian to waiver of any hearing and that a determination may be made by the family court judge based solely upon the petition, and other papers and affidavits, if any, submitted to the family court judge, provided, however, that a waiver of hearing by a parent or guardian who has transferred the care and custody of a child to an authorized agency, pursuant to section three hundred eighty-four-a of this chapter, shall be effective only if such waiver was executed in an instrument separate from that transferring the child's care and custody. In any case where an effective waiver has been executed, the family court judge may dispense with a hearing, approve the instrument and the transfer of the custody and guardianship or care and custody of the child to the social services official [or the placement of the child with the division for youth] and make the requisite findings and determinations provided for in subdivision three of this section, if it appears to the satisfaction of the family court judge that the allegations in the petition are established sufficiently to warrant the family court judge to grant such petition, to make such findings and determination, and to issue such order.

In any case where a hearing is required, the family court judge, if the holding of an immediate hearing on notice is impractical, may forthwith, upon the basis of the instrument and the allegations of the petition, make a temporary finding that the parent, parents, or guardian of the child are unable to make adequate provision for the care, maintenance and supervision of such child in [his or their] the child's own home and that the best interest and welfare of the child will be promoted by the removal of such child from such home and thereupon, family court judge shall make a temporary order transferring the care and custody of such child to the social services official [or approving the placement of the child with the division for youth], and shall set the matter down for hearing on the first feasible date.

the

§ 57. Subdivisions 7, 8 and 9 of section 358-a of the social services law, as amended by chapter 78 of the laws of 1978, are amended to read as follows:

(7) Return of child. If an instrument provides for the return of the care and custody of a child by the social services official [or the division for youth] to the parent, parents or guardian upon any terms and conditions or at any time, the social services official [or division] shall comply with such terms of such instrument without further court order. Every order approving an instrument providing for the transfer of the care and custody of a child to a social services official [or approving the placement of such child with the division for youth shall be served upon the parent, parents or guardian who executed such instrument in such manner as the family court judge may provide in such order, together with a notice of the terms and conditions under which the care and custody of such child may be returned to the parent, parents or guardian. If an instrument provides for the return of the care and custody of a child by the social services official [or the division for youth] to the parent, parents or guardian without fixing a definite date for such return, or if the social services official for the division for youth] shall fail to return a child to the care and custody of [his] the child's parent, parents or guardian in accordance with the terms of the instrument, the parent, parents or guardian may seek such care and custody by petition for return of such child and order to show cause in such proceeding or by writ of habeas corpus in the EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law