New York Consolidated Laws, Executive Law - EXC § 504. Division facilities

1. The office of children and family services shall operate and maintain secure, limited secure and non-secure facilities for the care, custody, treatment, housing, education, rehabilitation and guidance of youth placed with or committed to the office of children and family services.

2. Each separate facility may bear the name, designated by the division, of an individual known for outstanding service to youth.

3. A youth attending a local public school while in residence at a division facility shall be deemed a resident of the school district where the youth's 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.

4. The division shall determine the particular division facility or program in which a child placed with the division shall be cared for, based upon an evaluation of such child.  The division shall also have authority to discharge or conditionally release children placed with it and to transfer such children from a limited secure or non-secure facility to any other limited secure or non-secure facility, when the interest of such children requires such action;  provided that a child transferred to a non-secure facility from a limited secure facility may be returned to a limited secure facility upon a determination by the division that, for any reason, care and treatment at the non-secure facility is no longer suitable.