N.Y. Comp. Codes R. & Regs. tit. 9 § 178.11

Current through Register Vol. 46, No. 50, December 11, 2024

Section 178.11 - Duration and interruption of family court placement

(a) Consistent with the provisions of this section, time spent by youth in a day placement program shall be applied to satisfy the term of placement imposed by the family court.

(b) Consistent with the rules and regulations of the division, in any case where the youth fails to report to the facility or program specified by the director, the youth shall be considered to be AWOL. For purposes of this section, facility or program shall mean any location where the youth is required to report as a part of the conditions of participation.

(c) If a youth fails to report to the facility or program, the service provider or parent shall immediately notify the program director.

(d) If it is determined that a youth is AWOL, the program director shall ensure that an AWOL warrant is issued pursuant to division regulations and procedures.

(e) Consistent with the rules and regulations of the division, where a youth is AWOL, the term of the 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. However, there shall be a credit against the term of placement imposed by the family court for any period where:

(1) the youth has been in custody due to an arrest or surrender based upon the absence;

(2) the youth has been in custody arising from an arrest on another charge which did not culminate in an adjudication or adjustment; or

(3) the youth's absence is excused pursuant to section 178.12 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 178.11