New York regulations
Title 9 Part 178
Executive Department
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9 NYCRR 178.1 - Purpose
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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)
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- Jun 6, 2026
The purpose of this Part is to establish requirements for the operation of all day placement programs. Such programs shall be alternatives to traditional institutional placement for eligible youth who do not require institutional confinement for all or part of their placement with the division.
9 NYCRR 178.2 - Definitions
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- Executive Department
- Text status
- Phase2b Dequote Reversal
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- May 19, 2026
For the purposes of this Part the term:
(a)AWOL shall mean absent without leave.
(b)Business day shall mean any weekday exclusive of legal holidays.
(c)Day placement program shall mean a program for youth placed with the division which is an alternative to or includes a period of residential placement.
(d)Director shall mean the Director of the Division for Youth or the director's designee.
(e)Division shall mean the New York State Division for Youth.
(f)Eligible youth shall mean a youth placed with the division pursuant to section 353.3 or 756 of the Family Court Act.
(g)Parent shall mean the parent or other adult with whom a youth may reside while in a day placement program.
(h)Program director shall mean a person responsible for the operation of a day placement program, regardless of whether the program is conducted by the division or by an entity under contract with the division.
9 NYCRR 178.3 - Establishment of day placement programs
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- Executive Department
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- Source receipt
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- Jul 31, 2022
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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(a)Consistent with the requirements of this Part, the director may establish day placement programs, such as evening and weekend reporting centers.
(b)Each day placement program shall have:
(1)a written description of the nature and purpose of the program;
(2)a written description of services to be provided by the program;
(3)written criteria for placement in the program, which shall include consideration of the recommendations of the applicable family court, presentment agency, probation department and the youth's legal representative; and
(4)a requirement that all youth and parents consent to conditions of participation.
9 NYCRR 178.4 - Services
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- Executive Department
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- Jul 31, 2022
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
(a)The director shall make written determinations of the needs of youth assigned to a day placement program and shall, to the extent resources are available, arrange for the delivery of services to meet those needs. Such services shall include:
(1)education, as required by the New York State Education Law;
(2)parent counseling;
(3)recreation;
(4)behavior management;
(5)assistance in obtaining medical services; and
(6)assistance in providing mental health services.
(b)Such services may include:
(1)educational skills assistance;
(2)drug/alcohol treatment;
(3)vocational training;
(4)life skills training for youth and their parents;
(5)community service; and
(6)other services consistent with the needs of the youth.
9 NYCRR 178.5 - Selection of participants
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- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Jul 31, 2022
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Source snapshot
- Jun 6, 2026
Consistent with the requirements of this Part, the director shall select participants for each day placement program from those eligible youth who satisfy the criteria established for the program. However, nothing in this Part shall require the director to permit all youth who meet the criteria for a day placement program to participate in the program.
9 NYCRR 178.6 - Assignment to a day placement program
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Jul 31, 2022
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Jun 6, 2026
(a)Youth may be assigned to a day placement program at any time following admission to the division.
(b)Prior to assignment to a day placement program, each eligible youth shall receive a verbal and written explanation of the program which shall include, at a minimum, a description of:
(1)the program;
(2)the conditions of participation which the youth must follow; and
(3)the grievance process.
9 NYCRR 178.7 - Conditions of participation
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Westlaw Inline Boundary Correction
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- Jul 31, 2022
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- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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- Source snapshot
- Jun 6, 2026
(a)All conditions of participation shall include:
(1)a daily schedule which will be developed in conjunction with the youth and, to the extent feasible, the parent;
(2)a list of the programs and activities in which the youth must participate;
(3)a list of prohibited activities;
(4)any other requirements deemed appropriate by the director; and
(5)the following statements:
“I accept placement in this program. I understand that participation in this program is a privilege rather than a right. I will obey the terms and conditions of the program. I understand that:
oDuring the program I will be in the custody of the New York State DIVISION FOR YOUTH (DFY);
oI will have regular contact with persons assigned by DFY to supervise me;
oThe Director of DFY may end my assignment to this day placement program at any time; and
o If my participation in this program ends, I may be transferred to a residential facility consistent with my Family Court Placement Order.”
(b)Prior to assignment to a day placement program, the conditions of participation shall be signed and dated by the youth and the staff person or persons who verbally explained the conditions to the youth and the parent.
(c)A copy of the conditions of participation shall be provided to the youth and the parent.
(d)A youth who refuses to consent to the conditions of participation shall not be admitted to a day placement program.
9 NYCRR 178.8 - Requirements for parents of youth who will participate in a day placement program
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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
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- Source snapshot
- Jun 6, 2026
(a)Prior to assignment to a day placement program, where a youth is to reside with a parent, the parent shall:
(1)receive a verbal and written explanation of the nature of the day placement program and its requirements;
(2)consent in writing to participate in the program as required by the director; and
(3)consent in writing to the conditions of participation.
(b)The parent may withdraw their consent at any time during the day placement program by notifying the program director in writing of such withdrawal.
(c)Where a parent withdraws consent to a day placement program, the director may either modify or terminate the youth's participation in the day placement program.
9 NYCRR 178.9 - Supervision and monitoring
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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
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- Source snapshot
- Jun 6, 2026
Each day placement program shall require:
(a)an appropriate level of supervision;
(b)a review of the progress of each youth in the day placement program with the youth and, to the extent feasible, the parent at least once every 30 days; and
(c)a review of the conditions of participation at least once every 30 days.
9 NYCRR 178.10 - Modification of conditions of participation
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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
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- Source snapshot
- Jun 6, 2026
(a)Conditions of participation shall be modified, as necessary, by the director.
(b)Any modification of the conditions of participation shall involve the youth and, to the extent feasible, the parent.
(c)All modifications shall be in writing and signed in the same manner as the original conditions of participation.
(d)A copy of the modification shall be given to the youth and to the parent.
(e)A refusal by a youth to consent to a modification shall result in termination of the youth's participation in a day placement program.
9 NYCRR 178.11 - Duration and interruption of family court placement
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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
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- Source snapshot
- Jun 6, 2026
(a)Consistent with the provisions of this section, time spent by youth in a day placement program shall be applied to satisfy the term of placement imposed by the family court.
(b)Consistent with the rules and regulations of the division, in any case where the youth fails to report to the facility or program specified by the director, the youth shall be considered to be AWOL. For purposes of this section, facility or program shall mean any location where the youth is required to report as a part of the conditions of participation.
(c)If a youth fails to report to the facility or program, the service provider or parent shall immediately notify the program director.
(d)If it is determined that a youth is AWOL, the program director shall ensure that an AWOL warrant is issued pursuant to division regulations and procedures.
(e)Consistent with the rules and regulations of the division, where a youth is AWOL, the term of the placement shall be interrupted, and such interruption shall continue until the youth reports to such facility or program or is otherwise returned to the custody of the division. However, there shall be a credit against the term of placement imposed by the family court for any period where:
(1)the youth has been in custody due to an arrest or surrender based upon the absence;
(2)the youth has been in custody arising from an arrest on another charge which did not culminate in an adjudication or adjustment; or
(3)the youth's absence is excused pursuant to section 178.12 of this Part.
9 NYCRR 178.12 - Excused absences
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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
If a youth has been AWOL and, upon return, presents an excuse for all or part of his/her absence, which excuse is accepted by the program director:
(a)the program director shall document the receipt and acceptance of such excuse;
(b)the excused absence shall not be grounds to terminate participation in the day placement program; and
(c)the youth shall receive credit against the term of his/her placement for the period of the excused absence.
9 NYCRR 178.13 - Termination of participation in a day placement program
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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)Where a youth's breach of conditions of participation requires termination of participation in the day placement program:
(1)The program director responsible for monitoring the youth's progress shall prepare a written recommendation to terminate a youth's participation in a day placement program. The recommendation shall state the factual circumstances underlying the recommendation of termination.
(2)The youth and the parent shall receive a copy of the recommendation of termination and shall have an opportunity to submit a response to the program director.
(3)After reviewing all documents, if the program director continues to believe termination is appropriate, he/she shall forward all documents to the director.
(4)Upon receipt of the documentation, the director shall render a written decision indicating the facts and circumstances relied upon in making the determination.
(5)The youth and the youth's parent shall be immediately notified of the termination of the youth's participation in the day placement program. The youth shall be placed in a facility consistent with the youth's placement order within three business days after the director's decision is issued.
(6)A copy of the director's decision shall be sent to the youth and the parent within three business days after it is issued.
(7)Notwithstanding the above, a youth may be immediately placed in a facility consistent with the youth's family court placement order where adherence to the procedures prescribed in this section would endanger the youth, where the youth presents a danger to the community or where the youth is likely to abscond.
(8)If the provisions of paragraph (7) of this subdivision are followed:
(i)the youth's parent shall be immediately notified of the youth's placement in a facility;
(ii)the procedures described in paragraphs (1) through (4) and (6) of this subdivision shall be followed; and
(iii)in the event that the director determines that the youth may remain in a day placement program, the youth shall be returned to a day placement program if such a program is available.
(b)The director may terminate a youth's participation in a day placement program at any time, for good cause other than the youth's breach of conditions of participation. The director shall issue a notice of termination in writing which shall state the reasons for the termination.