Detention

§ 304.1. Detention. 1. A facility certified by the office of children
and family services as a juvenile detention facility must be operated in
conformity with the regulations of the office of children and family
services.

2. No child to whom the provisions of this article may apply shall be
detained in any prison, jail, lockup, or other place used for adults
convicted of crime or under arrest and charged with crime without the
approval of the office of children and family services in the case of
each child and the statement of its reasons therefor. The office of
children and family services shall promulgate and publish the rules
which it shall apply in determining whether approval should be granted
pursuant to this subdivision.

3. The detention of a child under thirteen years of age in a secure
detention facility shall not be directed, unless such child is at least
ten years old and is considered a juvenile delinquent pursuant to
subparagraph (iii) of paragraph (a) of subdivision one of section 301.2
of this article, nor shall the detention of a child adjudicated solely
for an act that would constitute a violation as defined in subdivision
three of section 10.00 of the penal law, be directed under any of the
provisions of this article.

4. A detention facility which receives a child under subdivision four
of section 305.2 of this part shall immediately notify the child's
parent or other person legally responsible for his or her care or, if
such legally responsible person is unavailable the person with whom the
child resides, that he or she has been placed in detention.