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What is NYC AC § 21-104?

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This section outlines the terms of commitment for destitute and neglected children, specifying that commitment lasts until the age of sixteen, adoption, return to guardians, or discharge. The commissioner may also provide care for minors aged sixteen to eighteen under certain conditions. Applies to child welfare agencies and institutions managing the care of minors.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 21-104 Term of commitment of children; discharge.

AC § 21-104

a. The term of commitment of each destitute and neglected child shall be: 1. Until such child shall attain the age of sixteen years, or 2. Until such child shall be given over in adoption by the institution to which it shall have been committed to some suitable person, or 3. Until such child shall be returned to its parents, relatives, or guardians, or otherwise discharged. b. The commissioner, may, however, provide care in an institution, agency boarding home, or family free or boarding home for any destitute minor between sixteen and eighteen years of age who cannot be properly cared for in his or her own home, either directly or through authorized agencies, except that direct placements in agency boarding homes may be made by the commissioner only if the state board of social welfare shall have authorized him or her to operate such homes and only if suitable care is not otherwise available through an authorized agency under the control of persons of the same religious faith as the child. Such care may be continued after the eighteenth birthday of the minor and until he or she is discharged from care or becomes twenty-one years of age.

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