New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 2 - Family and Children's Services
Part 431 - Care and Protection of Children
Section 431.20 - Interruption of placement time

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Pursuant to section 398 (3-a)(b) of the Social Services Law, if a youth placed pursuant to a delinquency adjudication pursuant to article 3 of the Family Court Act with a local social services district is absent from placement without consent, such absence shall interrupt the calculation of time for their placement. For purposes of this section, a youth placed pursuant to a delinquency adjudication is absent without consent when such youth runs away or is otherwise absent without the consent of the person(s) or facility in whose care the youth has been placed.

(b) The calculation of the youth's placement time on the delinquency shall remain tolled until such youth returns or is returned or the youth's delinquency adjudication case is disposed of pursuant to section 431.8(f) of this Part.

(c) If the youth placed pursuant to a delinquency adjudication spent any time in custody between the date of absence and the date placement resumes, then such time shall be credited against placement if:

(1) the custody was due to an arrest or surrender based upon the absence; or

(2) the custody arose from an arrest or surrender on another charge that did not culminate in a conviction, adjudication or adjustment.

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