510-b. Return of conditionally released children or runaways. 1. If a child under the jurisdiction of the division runs away from a division facility or an authorized agency or violates any condition of release therefrom, or if there is a change of circumstances, the division shall cause said child to be apprehended and returned to a division facility or authorized agency pursuant to the regulations of the division.
2. The facility director shall, with respect to any person placed with the division by order of the family court, give immediate written notice to said family court when any such person is absent from such facility without consent. In cases involving persons placed with the division who are cared for by authorized agencies pursuant to court direction or authorization, the authorized agency shall give written notice to the division and the appropriate family court when any such division placement is absent from such authorized agency without consent.
3. An employee designated by the division may, without a warrant, apprehend a runaway or conditionally released child in any county in this state whose return has been ordered by the division, and return said child to any appropriate division facility, detention facility, authorized agency or program.
4. The division, pursuant to its regulations, shall issue a warrant directed generally to any peace officer, acting pursuant to such officer's special duties, or police officer in the state for the apprehension and return of any runaway or conditionally released child under the jurisdiction of the division and such warrant shall be executed by any peace officer, acting pursuant to such officer's special duties, or police officer to whom it may be delivered. The division also shall provide relevant law enforcement agencies within forty-eight hours with any photographs of any runaway or conditionally released child for whom a warrant is issued together with any pertinent information relative to such child. Such photographs shall remain the property of the division and shall be kept confidential for use solely in the apprehension of such child. Such photographs shall be returned promptly to the division upon apprehension of such child, or upon the demand of the division.
5. A magistrate may cause a runaway or released child to be held in custody until returned to the division.
6. In a city with a population of one million or more, the commissioner of juvenile justice, or the designee of such commissioner, may issue a warrant directed generally to any peace officer, acting pursuant to such officer's special duties, or police officer in the state for the apprehension and return of any youth who has run away or escaped from a secure detention facility, as defined in the family court act, operated by such commissioner. Such warrant shall be executed by any peace officer, acting pursuant to such officer's special duties, or police officer to whom it may be delivered.
7. When a child who is placed with the division pursuant to article three of the family court act or committed pursuant to the penal law is absent from a division facility or an authorized agency without the consent of the director of such facility or authorized agency, the absence shall interrupt the calculation of the time of such placement or commitment and such interruption shall continue until the return of the child to the facility or authorized agency in which the child was placed or committed. Any time spent by such child in custody from the date of absence to the date the placement pursuant to article three of the family court act or commitment pursuant to the penal law resumes shall be credited against the time of such placement or commitment provided:
(a) That such custody was due to an arrest or surrender based upon the absence; or
(b) That such custody arose from an arrest or surrender on another charge which did not culminate in a conviction, adjudication or adjustment.
8. When a youth who is absent without consent from division custody is apprehended outside of the state of New York, the terms of the interstate compact on juveniles, set forth in chapter one hundred fifty-five of the laws of nineteen hundred fifty-five, as amended, shall govern the return of such youth to division custody.
Last modified: February 3, 2019