Pre-dispositional placement

§ 720. Pre-dispositional placement. 1. 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 or children convicted of crime or
under arrest and charged with a crime.

2. The detention of a child in a secure detention or non-secure
facility shall not be directed under any of the provisions of this
article.

3. Pre-dispositional placement of a person alleged to be or
adjudicated as a person in need of supervision shall be authorized only
in a foster care program certified by the office of children and family
services or a short-term safe house in accordance with section seven
hundred thirty-nine of this article, or a certified or approved family
boarding home pursuant to the social services law. The setting of the
placement shall take into account:

(a) The proximity to the community in which the person alleged to be
or adjudicated as a person in need of supervision lives with such
person's parents or to which such person will be discharged; and

(b) The existing educational setting of such person and the proximity
of such setting to the location of the placement setting.

4. (a) The court shall not order or direct pre-dispositional placement
under this article, (i) unless the court determines and states in its
written order; (1) that there is no substantial likelihood that the
youth and his or her family will continue to benefit from diversion
services, including but not limited to, any available respite services;
and (2) that all available alternatives to detention have been
exhausted; and (3) that pre-dispositional placement of the respondent is
in the best interest of the respondent; and (4) that it would be
contrary to the welfare of the respondent to continue in their own home;
or (ii) if the sole basis for the petition is an allegation pursuant to
paragraph (i) of subdivision (a) of section seven hundred twelve of this
article.

(b) Where the youth is sixteen years of age or older, the court shall
not order or direct pre-dispositional placement under this article,
unless the court determines and states in its order that special
circumstances exist to warrant such placement.

(c) If in addition to the provisions of this section, the respondent
may be a sexually exploited child as defined in subdivision one of
section four hundred forty-seven-a of the social services law, the court
may direct the respondent to an available short-term safe house in
accordance with section seven hundred thirty-nine of this article.