Title 9 Part 171

In recognition of the fact that juveniles residing in Division for Youth facilities have certain basic rights which are not lost or made negotiable by the fact of their institutionalization, the division herein commences listing specific inalienable rights applicable to all children in our care.

Consistent with the requirements of paragraph (a)(2) of this section, residents shall be permitted to celebrate religious holidays or festivals on an individual or congregate basis.

Each facility shall maintain supervision of youth during the exercise of religious beliefs.

Residents are entitled to observe religious dietary laws established by their religion. Each facility shall, to the extent reasonably practicable, provide residents with food items sufficient to meet such religious dietary laws. Where substitutions to food items are made due to religious dietary laws, the facility director shall meet the nutritional needs of the youth.

A resident who is under the age of 18 years shall be permitted to change his or her religious affiliation only upon consent of the resident's parent or legal guardian, and pursuant to written application made to the appropriate religious authority. Residents who are 18 years of age or older shall not be required to obtain parental consent to change religion, unless such consent is deemed necessary by the appropriate religious authority receiving the resident's written application. The division shall consider alternative means of addressing cases where parental consent is needed and a parent or legal guardian is unavailable.

Subject to paragraph (a)(2) of this section, residents may wear religious articles or religious attire.

Any determination made by the facility director to limit the exercise of the religious beliefs of any resident shall be made in writing and shall state the specific facts and reasons underlying such determination. A copy of this determination shall be given to the resident and appropriate staff.

A resident may appeal a facility director's decision relating to any issue involving religious practice to the director of the Division for Youth or the director's designee.

Each facility shall post in each living area all State and facility rules and regulations which the facility intends to enforce against (or on behalf of) any student.

Whenever possible, a student's physical presence must be obtained to search his or her room, locker, and/or possessions. Whenever it is impossible to obtain the physical presence of the student, the facility shall notify him or her in writing as soon as possible thereafter:

A resident has a right to receive any and all authorized visitors at the times fixed for visits; however, a facility may exclude a resident's authorized visitor under the age of 18 who is not accompanied by the resident's parents, guardian, or by other suitable person. The ombudsman and residents' legal counsel or law guardian shall have unrestricted access to the residents. The facility director has the right to limit the number of visitors and area of visitation in the best interest of the facility residents.

Authorized visitor shall mean those visitors whose names are included on a list of visitors, which list shall be developed cooperatively by the facility, the resident, and the resident's parent or guardian, at the point of intake/time of admission to the facility. Such list of visitors may be amended at any time during the resident's placement in an OCFS facility with the agreement of the facility director and the resident's parent or guardian.

All residents shall receive a copy of the visitation policy of the facility.

It is the responsibility of the staff to return runaways to the facility. Residents of the facility can assist staff in this endeavor where it is felt that the presence of a fellow student would assist in talking an escapee to return voluntarily provided that:

The provisions of this Part shall apply to the youth leadership academy program, except where these provisions are inconsistent with youth leadership academy program objectives. However, the participants in the youth leadership academy program shall be afforded appropriate religious participation and access to mail, visitation and telephones.

This Subpart contains and describes the policies and procedures governing correspondence to and from residents of facilities operated by the Office of Children and Family Services (OCFS), with the exception of resident privileged mail which is governed by Subpart 171-3 of this Part.

Correspondence mailed to an OCFS resident and received at the facility.

Correspondence sent by an OCFS resident to individuals outside of the facility.

Screening of incoming or outgoing mail that does not include reading the contents.

The mother, father, sister, brother, grandparent, spouse or child of the resident.

Incoming mail will not be forwarded to housing units, prior to inspection.

This Subpart contains and describes the procedure governing privileged mail sent and received by residents of OCFS facilities.

Incoming privileged mail shall be handled as follows:

Outgoing privileged mail will be handled in accord with the provisions of Subpart 171-2 of this Part, except as follows:

This Subpart contains and describes the policies and procedures governing resident telephone use to residents of facilities operated by the Office of Children and Family Services (OCFS).

Authorized telephone contact shall mean those persons whose names are included on a list of telephone contacts, which list shall be developed cooperatively by the facility, the resident, and the resident's parent or guardian, at the point of intake/time of admission to the facility. Such list of telephone contacts may be amended at any time during the resident's placement in an OCFS facility with the agreement of the facility director, and the resident's parent or guardian.

Residents are permitted to receive calls, during reasonable timeframes and in the manner designated by the facility director in accord with the following limitations:

Residents are not permitted to receive calls from the following:

The facility director may waive these restrictions, in the case of an immediate family member or person who has demonstrated a parental or sibling relationship with the resident, if it is determined that a waiver is in the best interest of the resident.

The facility director may suspend, for a specific period or indefinitely, a resident's telephone privileges, with one or more specified persons, if, in the judgment of the director, the resident has violated any of the procedures outlined in this regulation, is in violation of any major rule as it applies to the use of telephones, or further communication with specified individual(s) is deemed not to be in the best interest of the resident.

The facility director may suspend, for a specific period or indefinitely, a resident's telephone privileges, with one or more specified persons, if, in the judgment of the director, the resident has violated any of the procedures outlined in this regulation, is in violation of any major rule as it applies to the use of telephones, or further communication with specified individual(s) is deemed not to be in the best interest of the resident.