Guidelines for transfer
Compiled text through Jul 31, 2022
Register checked through Jul 29, 2026
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Jul 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)A youth may be transferred to the Department of Mental Hygiene for care and treatment in a State school or State hospital under the jurisdiction of the Department of Mental Hygiene, whenever it appears to the satisfaction of the Director of the Division for Youth that such youth is mentally ill or mentally retarded and will substantially benefit from care and treatment in such a State school or State hospital and that the interests of the State will be best served thereby.
(b)The Director of the Division for Youth may, subject to the requirements of section 9.51 of the Mental Hygiene Law, apply for the transfer of any youth in the care of the division who has not been sentenced as a juvenile offender and who is not subject to a restrictive placement pursuant to section 353.5 of the Family Court Act, to a residential treatment facility for children and youth.
(c)Juvenile offenders shall be transferred only to a facility under the jurisdiction of the Office of Mental Health specially designed for the care and treatment of juvenile offenders which is characterized by physically restricting construction, hardware and procedures.