New York State recently passed legislation that raised the lower age (RTLA) of juvenile delinquency from 7 to 12 years of age. This change went into effect on December 29, 2022. There are eleven limited exceptions to charge youths seven years of age and less than twelve years of age as juvenile delinquents; these specifically pertain to crimes concerning causation of death (Chapter 810 of the Laws of 2021, as amended by Chapter 38 of the Laws of 2022).

The change requires Local Departments of Social Services (LDSS) to establish a Differential Response (DR) for youth under 12 years of age who no longer fall under the definition of juvenile delinquent under section 301.2 of the FCA and whose behavior would otherwise bring them under the jurisdiction of the family court pursuant to Article 3 of the FCA. The intent of the law is to remove these cases from the juvenile justice and family court system.

To refer eligible youth under age 12 who reside in Albany County to the Albany County Department of Children, Youth, and Families (DCYF), please use the referral form (below) and submit it to and any supporting documentation to DCYF at: RTLA@albanycountyny.gov.

Please direct any questions to RTLA@albanycountyny.gov or call DCYF at (518) 447-7500 and mention DR-RTLA.