Title 9 Part 168 NYCRR — browse free

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Compiled text through Jul 31, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 8 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 168.1 - Discipline of children

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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)Abuse of children in any form, including corporal punishment, is prohibited.

(b)Deprivation of meals, mail and family visits, as methods of punishment, is prohibited.

(c)A child may not be punished for failing or refusing to eat.

(d)Punishment, control and discipline of children shall be an adult responsibility and shall not be prescribed or administered by children.

(e)Every school and center shall submit its discipline policies and any amendments thereto in writing to the deputy director of rehabilitation services or his designee for approval prior to implementation.

(f)Notice in writing of any violations of subdivisions (a)-(d) of this section shall be immediately reported by the facility superintendent or director to the deputy director of rehabilitation services or his designee.

9 NYCRR 168.2 - Standards relating to the use of room confinement

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Dates and status

Compiling agency: Executive Department
Text status: Westlaw Inline Boundary Correction
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)Definition of room confinement.

For the purpose of this Part, the term room confinement shall mean confinement of a child in a room, including the child's own room, when locked or when the child is authoritatively told not to leave.

(b)Room confinement shall not be used as punishment.

It shall be used only in cases where a child constitutes a serious and evident danger to himself or others. It is not to be considered, in itself, as a method or technique of treatment.

(c)Place of confinement—environmental needs.

Places of confinement within the institution shall be designated by the institution superintendent (or director) and approved by the deputy director of rehabilitation services or his designee. The place of confinement shall be lighted, heated and ventilated the same as other comparable living areas in the institution.

(d)Required furniture and furnishings within the place of confinement.

The place of confinement shall be furnished with the items necessary for the health and comfort of the occupant, including, but not limited to, a bed, chair, desk or chest, mattress, pillow, sheet and blanket. If the possession of any of these items would be detrimental to the safety of the occupant or others, they may be removed during that period upon authorization by the superintendent (or director) or the acting superintendent (or director).

(e)Authorization of room confinement.

Room confinement shall be authorized only by the superintendent (or director) or the acting superintendent (or director). Authorization should be obtained prior to actual placement in room confinement. In instances where immediate physical restraint is clearly necessary, authorization must be obtained within 15 minutes of lock-up.

(f)Maximum period of confinement.

The maximum period of confinement shall not exceed 24 consecutive hours without the approval of the deuty director of rehabilitation services or designee within the bureau.

(g)Visitation.

For the purpose of this Part, a visit shall mean actual entry into the room of confinement with the child or removal of the child from the room of confinement for the purpose of discussion or counseling. A visit shall not include routine visual checks or discussion through the door or window of the confinement room. Children in room confinement shall be visited at least once each day by the following institutional personnel:

(1)Administrative staff—a person at least at the level of senior youth, division counselor assistant director of cottage program or higher.

(2)Clinical staff—psychiatrist, psychologist, social worker.

(3)Medical staff—a nurse or physician shall examine the child in room confinement on a daily basis.

A record of visits shall be maintained by the school (or center) on forms designated by the division and shall be posted on the door of the confinement room during the entire period of confinement.

(h)Reading materials.

Educational and recreational reading materials shall be provided within the first 24 hours unless the superintendent (or director) or acting superintendent (or director) shall determine that such materials shall be detrimental to the child's rehabilitation. These materials shall be provided on a daily basis thereafter.

(i)Recreation and exercise.

For the purpose of this Part, recreation and exercise shall be defined as an activity taking place outside the room of confinement and shall mean to include, sports, athletics, games, light physical exercise and like activities. It shall not include hard labor, unduly arduous exercise and other activities of a generally unpleasant or punishing nature. Recreation and exercise shall be provided on a daily basis for at least one prescribed period of not less than 30 minutes unless the superintendent (or director) or acting superintendent (or director) shall authorize its deletion upon determination that such a liberty would present a serious and evident danger to the child or others.

(j)Reports of room confinement.

Schools and centers must report each instance of room confinement, lasting more than one hour, on forms designated by the division. Every instance where physical or medical restraints are used shall be reported on these forms, regardless of the length of time of the subsequent confinement. Reports are to be submitted on a weekly basis to the director of the bureau of children's institutional services. For the purpose of this Part, a week begins on a Monday and ends on a Sunday. Reports are to be submitted on or before Tuesday of the following week. A copy of each report shall be sent to the ombudsman assigned to that institution.

(k)Consecutive periods of room confinement.

(1)Any student who is returned to room confinement within six hours of his release shall be considered to have been in continuous room confinement for purposes of reporting and seeking central office approval; however, a notation as to unsuccessful efforts to return the student to program should be made so that an accurate description of the confinement is available.

(2)Return to room confinement after a lapse of six hours from the time of release shall be considered as commencing a new period of room confinement for the purpose of reporting and seeking central office approval.

(3)Manipulation of consecutive periods of room confinement to evade reporting and approval requirements, or to evade the spirit of the division's regulations, is prohibited.

(l)Review and request for extension of room confinement.

A review of the necessity for continued room confinement shall be made prior to the beginning of each new 24 hour period by the superintendent (or director) or acting superintendent (or director). Room confinement may be extended beyond the 24 hours only with the approval of the deputy director of rehabilitation services or designee. Approval shall be obtained prior to the beginning of each 24 hour period. Initially, such requests may be made orally (by telephone). The request must then be submitted in writing on forms designated by the division. This written request must be forwarded to the deputy director of rehabilitation services or his designee within 24 hours of the oral request.

(m)Every effort shall be made to return the child to the regular program of care as quickly as possible.

9 NYCRR 168.3 - Use of physical and medical restraints

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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.
Latest notice: PSC-05-18-00008-P · Proposed rule · Jan 31, 2018
Source snapshot: Jun 6, 2026

(a)Physical restraints.

Permissible physical restraints, consisting solely of handcuffs and footcuffs, shall be used only in cases where a child is uncontrollable and constitutes a serious and evident danger to himself or others. They shall be removed as soon as the child is controllable. Use of physical restraints shall be prohibited beyond one-half hour unless a child is being transported by vehicle and physical restraint is necessary for public safety. If restraints are placed on a child's hands and feet, the hand and foot restraints are not to be joined, as for example, in hog tying. When in restraints, a child may not be attached to any furniture or fixture in a room nor to any object in a vehicle.

(1)The division shall prohibit the utilization of foot manacles.

(2)Physical restraints may be utilized beyond one-half hour only in the case of vehicular transportation where such utilization of physical restraints is necessary for public safety.

(b)Medical restraint.

For the purposes of this Part, medical restraint shall mean medication administered either by injection or orally for the purposes of quieting an uncontrollable child.

(1)Medical restraint shall be administered only in situations where a child is so uncontrollable that no other means of restraint can prevent the child from harming himself.

(2)Medical restraint shall be authorized only by a physician and be administered only by a registered nurse or a medical doctor.

(c)Prn orders of psychiatric medication.

A pro re nata order, authorizing a registered nurse to administer prescribed psychiatric medication, for purposes of crisis intervention, may be used by the Division for Youth pursuant to the following guidelines:

(1)Prescription by medical doctor.

Before any Prn order may be prescribed, a medical doctor must examine the child and determine the need for such an order in terms of the individual child's ongoing treatment needs at the facility. These Prn orders shall be prescribed on an individual basis and shall not be prescribed pro forma to all children at the time of their arrival at a facility, as follows:

(i)The medical doctor must sign the order and the medical doctor must provide specific instructions and guidelines for the nurse.

(ii)Periodic review of all Prn orders must be made by a medical doctor, monthly, including physically examining the child.

(iii)At the time of the periodic review, the medical doctor must indicate, in writing, reasons for his continuing the Prn order.

(2)Administration by registered nurse.

A registered nurse may administer a Prn order when the actions of the child clearly present a danger to himself or other residents, as follows:

(i)She must physically examine the child and refer to the child's medical record including the specific instructions left by the medical doctor for utilization of the Prn order.

(ii)The pulse and blood pressure of children receiving such medication must be taken during the first half hour by the nurse and periodically thereafter until his release.

(iii)The nurse must keep a record indicating the results of those examinations and shall prepare a medication report indicating reasons giving rise to her dispensing the medication.

(iv)If the initial or subsequent examination by the nurse reveals the development of any symptoms indicating an adverse reaction to the medication, she shall immediately notify the medical doctor.

(d)Reporting requirements.

Use of physical and medical restraints shall be reported, pursuant to subdivision (j) of section 168.2 of this Part.

9 NYCRR 168.4 - Group confinement

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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)Group confinement shall be construed to include situations where a child is separated from the general population and normal daily program by confinement in a locked cottage or living unit.

(b)Group confinement shall not be used as punishment.

It shall be used only in cases where a child constitutes a serious and evident danger to himself or others, is himself in serious and evident danger, or demonstrates by his own behavior or by his own expressed desire, that he is in need of special care and attention in a living unit separate from his normal surroundings.

(c)Each institution wishing to institute a group confinement program must submit a detailed description of the program, including regulations governing its administration to the deputy director of rehabilitation services for approval.

(d)Each institution administering an approved group confinement program shall maintain a daily log indicating the number of children in group confinement and their period of stay in the program. This information shall be forwarded to the director or his designee monthly.

(e)The ombudsman for each institution administering an approved group confinement program shall have access to the daily log and the confinement area. It shall be his responsibility to report any deviation from the approved program to the institution's superintendent or director and, in an appropriate case, he may include documented deviations in his ombudsman's reports.

(f)Where institutions instituted group confinement programs prior to the adoption of this section, they shall submit detailed written program description and regulations to the deputy director of rehabilitation services within 30 days from receipt of notice of adoption of this section. Any institution failing to have an approved program within 60 days of the adoption of this Part, shall terminate the use of group confinement.

(g)Program description, regulations and amendments governing each approved group confinement program shall be kept on file at the institution and in the Albany central office.

(h)Changes in group confinement programs and regulations shall be approved in the same manner as the initial program was approved.

9 NYCRR 168.5 - Powers and duties of the boards of visitors

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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)Members of the boards of visitors shall be selected from a cross-section of lay people in the community, including but not limited to individuals in the fields of law, judiciary, education, sociology, psychology and other related fields who shall serve in an advisory capacity to the superintendent of the institution to which they are appointed. The boards may report to the Governor, directly, when they deem it appropriate in the performance of their duties. Members of the boards of visitors, because of their deep concern for the welfare of the youths in care within their respective institutions, are in a position to offer pertinent and valuable assistance, comments and advice to the superintendent and to the director of the Division for Youth, in order to improve the facility's treatment and training program.

(b)The boards of visitors shall hold at least six meetings per annum with the superintendent and cause a copy of the minutes and proceedings thereof to be sent forthwith to each member of the boards of visitors, to the superintendent of the institution and to the director of the Division for Youth.

(c)The boards of visitors, subject to the approval of the superintendent, have the authority to seek ways of establishing cooperation, understanding and mutual respect between the institution and the local community.

(d)The boards of visitors shall submit, by the 31st day of July each year, a detailed annual report of their visits and meetings and suggestions to the superintendent of the institution for the year ending on the 30th day of June preceding the day of such report, and such report shall be forwarded by the superintendent of the institution, together with the superintendent's response and commentary, to the director of the Division for Youth by the 31st day of August of each year.

(e)The boards of visitors, subject to the approval of the superintendent, have the authority to act as liaison with services within the institution, such as recreational, educational, cultural and therapeutic services which have not been provided in the regular institutional program.

(f)The boards of visitors, subject to the approval of the superintendent, have the authority to aid their respective institutions in the establishment of programs within the local community which will assist youths residing in the institution to secure local employment, educational, recreational, cultural and therapeutic services.

(g)Members of the boards of visitors shall have access to residents and shall have the right to inspect all physical areas, facilities and programs conducted under the auspices of their respective institutions. They may request of the superintendent the appearance of any staff member to attend regular meetings in order to remain fully briefed and knowledgeable as to institutional operations.

(h)The boards of visitors, as agents of the division, and with its approval, may receive and accept any grant, gift, devise or bequest of money or land to it, the State, board, division or institution, subject to the provisions of the State Finance Law. Any such acquisitions, including income therefrom, shall be applied or expended subject to the regulations of the division.

(i)Members of the boards of visitors, shall not receive any compensation for their services, but shall receive actual and necessary traveling and other expenses, to be paid after audit as other current expenditures of the institutions.

9 NYCRR 168.6 - Reporting to counsel's office

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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)All incidents which could give rise to claims against the State shall be reported in writing to the deputy director of rehabilitation services and to the office of general counsel within 48 hours. Incidents to be reported shall include, but not be limited to, the following: damage to property by students, death of any student in program, commission of criminal acts by staff or students, use of physical force by staff, and injury of staff in line of duty.

(b)General counsel shall review the incident reports and supporting material to determine those incidents which have a substantial likelihood of giving rise to a claim or proceeding against the State. He shall then give notice of these claims to the Attorney General as required pursuant to section 72 of the Public Officers Law.

9 NYCRR 168.7 - Confidentiality of Office of Children and Family Services records

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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.
Latest notice: CFS-42-19-00002-A · Adopted rule · Jun 17, 2020
Source snapshot: Jun 6, 2026

(a)Records, files, or information identifying youth who are or have been under the care or supervision of the Office of Children and Family Services (OCFS) may not be disclosed in whole or part to any person, agency or institution, other than OCFS and New York State family courts, with the following exceptions:

(1)Records or pertinent parts thereof must be disclosed pursuant to Supreme Court order as authorized by Social Services Law section 372

(2)Educational records may be disclosed in accordance with the provisions of and any regulations promulgated pursuant to the Family Educational Rights and Privacy Act and the New York State Education Law.

(3)Medical records, including mental health records, may be disclosed consistent with the provisions of and any regulations promulgated pursuant to the Health Insurance Portability and Accountability Act and the New York State Public Health Law.

(4)Records, or summaries of records, may be disclosed to a probation department on written request for use in accord with Family Court Act sections 166, 351.1, and 783, or Criminal Procedure Law sections 390.20 and 720.20.

(5)Nothing in this section shall be deemed to prevent access by a youth’s parent or legal guardian to records of such youth where access is otherwise specifically authorized by law.

(6)Information concerning a youth's date of admission, release, revocation of release, and discharge only may be disclosed to a New York social services district or State or Federal agency on written request, when such information is necessary to enable said district or agency to determine that the youth is under its jurisdiction, thereby enabling it to provide for a youth's welfare and the necessities of life.

(7)Records pertaining to the vital statistics of youth may be disclosed to law enforcement authorities when a youth is absent from an OCFS placement without proper authorization or has violated a condition of release.

(8)Records may be made available to authorized child welfare agencies, within and without the State, which have actual custody of a youth previously or currently in OCFS custody and request specific information in writing for the purpose of developing a program or providing services to the youth. When the request is made by an out-of-state child welfare agency, OCFS shall request written confirmation, from the juvenile compact administrator for the state in which the requesting agency is located, that the agency is authorized to provide services or programs to youth within that state and is in good standing. No record shall be made available until such confirmation is received by OCFS in writing.

(9)OCFS records shall be made available to the Office of the Attorney General in furtherance of the duties of that office.

(10)Records pertaining to youth referred to OCFS as a condition of probation shall be made available to the referring court or the relevant probation department upon written request made during the period of referral.

(11)Requests for information from law enforcement authorities.

(i)For purposes of this paragraph, law enforcement authorities shall mean representatives of Federal, New York State, or local law enforcement agencies conducting a criminal investigation and United State attorneys, district attorneys, or presentment agencies conducting a criminal investigation or prosecution; provided, however, that law enforcement authorities shall not mean agencies charged with enforcement of Federal immigration laws.

(ii)Upon a written request stating that such information is necessary to conduct a criminal investigation or prosecution of an act committed by a youth in OCFS custody, law enforcement authorities shall be provided with information regarding the dates and location(s) of the youth’s placement with OCFS. OCFS shall also provide the requesting agency with the relevant incident reports, other appropriate documents, and video determined by OCFS to contain potential evidence of the act.

(iii)If law enforcement authorities are called to an OCFS location in connection with a report made to such authority of a crime committed by a youth at the location, OCFS may provide such law enforcement authorities, upon request, with information regarding the dates and location(s) of the youth’s placement with OCFS. If readily available at the time requested, law enforcement may be provided with relevant incident reports, other appropriate documents, and video determined by OCFS to contain potential evidence of the alleged criminal act.

(iv)If law enforcement authorities arrive at an OCFS location seeking information concerning the location of a youth currently or previously in OCFS custody in furtherance of a criminal investigation, OCFS may provide information regarding the dates and location(s) of the youth’s placement with OCFS, and the last known community location of a youth in a day placement program or conditionally released.

(v)Prior to providing any information pursuant to subparagraph (iii) or (iv) of this paragraph, the OCFS administrator on duty or ranking office staff person shall:

(a)visually inspect the badge/photo identification of the law enforcement authority representative(s); and

(b)on an OCFS form, document each representative’s full name, law enforcement agency, badge/identification number, work address and phone number.

(vi)Prior to providing any information pursuant to this paragraph, the OCFS administrator on duty or ranking office staff person shall:

(a)contact the Division of Legal Affairs or, if after hours, the administrator on call who will contact the Division of Legal Affairs for authorization to provide the requested information. If the Division of Legal Affairs does not approve the release of information, OCFS shall not provide the requested information unless a judicial subpoena is obtained by the law enforcement authority.

(b)contact the Office of the Ombudsman to give notice of the request.

(vii)Only the information and materials described in this paragraph that are specifically requested by law enforcement authorities may be provided. All information and materials provided to law enforcement must be appropriately redacted by OCFS to prevent disclosure of information prohibited by statute or regulation from being disclosed, as well as the confidentiality of youth not involved in the alleged criminal act. The administrator on duty or ranking office staff member must identify each item provided to law enforcement authorities on an OCFS form. Only copies of records shall be provided, unless there is a court order to provide the original(s). If original materials are provided pursuant to a court order, this will be noted on the OCFS form and a copy will be retained by OCFS.

(12)Records relevant to the provision of services to a youth in OCFS custody by a non-employee of OCFS may be released with the written consent of the youth’s parent or guardian or, if the youth is over the age of 18 at the time of the request, the youth’s consent.

(b)When requests for records or other information concerning a youth is received by any agent of OCFS, and when such information is not included in the exceptions listed in subdivision (a) of this section, the correct response shall be: “OCFS is not authorized by law to disclose whether or not any individual was ever under its jurisdiction.”

(c)No part of this section shall be construed to prohibit the free exchange of information within OCFS, or between OCFS and New York State family courts, when the best interest and treatment of the youth is at issue.

(d)Youth records may be disclosed for purposes of a bona fide research study, with the approval of the Commissioner of OCFS, except that the name of and other identifying information of youth shall not be disclosed to the study group. All such researchers shall sign a confidentiality agreement before approval for such study shall be granted.

(e)When any youth who has been under the care of OCFS reaches the age of 25 or has been out of the care of OCFS for 10 years, whichever is longer, all records possessed by OCFS shall be destroyed, unless required by law to be further retained, and shall not made available to any person unless pursuant to an order by the Supreme Court of the State of New York, except such records may be made available to the Office of the Attorney General in furtherance of the duties of that office.

9 NYCRR 168.8 - Group punishment

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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

Children in residential care at division facilities shall not be disciplined, sanctioned, deprived of any right or privilege or otherwise punished solely on account of the behavior or acts of other children at the facility.

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