New York Executive Law Section 507-B - Placement and commitment; papers to be furnished.

507-b. Placement and commitment; papers to be furnished. 1. No placement or commitment order to the division which recites the facts upon which it was based shall be deemed or held to be invalid by reason of any imperfection or defect in form.

2. The court shall immediately notify the division of the placement or commitment of any youth therewith. The orders of the court and copies of the probation report and all other relevant evaluative records in the possession of the court, detention facility, and probation department related to such youth, including but not limited to any diagnostic, educational, medical, psychological and psychiatric records, fingerprints, photographs, a certified copy of the sentence and any pre-sentence memoranda filed with the court, where applicable, and reports relating to assaults or other violent acts, attempts at suicide or escape by the youth shall be delivered together with the youth or earlier to a person authorized by the director to receive the child, notwithstanding any contrary provision of law.

3. The court shall, before placing or committing any such youth, inquire into and determine the age of the youth at the time of placement or commitment, and the youth's age as so determined shall be stated in the order. The statement of the age of such youth in such order shall be conclusive evidence as to such age in any action to recover damages for allegedly unlawful detention under such order, and shall be presumptive evidence thereof in any other inquiry, action or proceeding relating to such detention.

4. Notwithstanding the time frames provided in paragraph (b) of subdivision four of section five hundred seven-a of this article, the division may delay acceptance of a youth placed or committed to the division in accordance with division regulations promulgated prior to the effective date of this subdivision.


Last modified: February 3, 2019