In re Kyle H.
Opinion of the Court
Moreover, since the placement was clearly made pursuant to Family Court Act § 353.3 (3), the Family Court erred in ordering that OCFS place the respondent at a specific facility (see Matter of Lavar C., 185 AD2d 36, 41-42). Pursuant to Executive Law § 504, OCFS has the discretion to determine the particular facility in which a juvenile placed in its care shall be cared for (see Matter of Kyle S., 64 AD2d 666, 667).
In addition, Executive Law § 504 also provides OCFS with the discretion to determine the particular treatment program in which a juvenile in its care should be placed, based upon its evaluation of that juvenile. Accordingly, the Family Court erred in directing that OCFS immediately place the respondent in an in-patient substance-abuse treatment and counseling program. Altman, J.P., Krausman, Schmidt and Crane, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.