9 NYCRR Part 180 - Executive Department

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Source version current through Jul 31, 2022

All 53 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 180-1.1 - Introduction

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

The regulations in this Part are established pursuant to section 510-a of article 19-G of the Executive Law, section 462 of the Social Services Law and section 712 of the Family Court Act. They shall be known as the juvenile detention facilities regulations. The purpose of these regulations is to provide uniform standards and procedures for the establishment and operation of secure and nonsecure juvenile detention facilities in the State of New York.

9 NYCRR 180-1.2 - Application

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

These regulations shall apply to all juvenile detention facilities as defined in Social Services Law, section 371; the Family Court Act, section 712; Executive Law, article 19-G, section 510-a; and established and operated pursuant to County Law, section 218-a. Nothing contained herein shall be construed as grounds for contravening court order or statute.

9 NYCRR 180-1.3 - Definitions

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Detention, as defined in these regulations, shall mean the temporary care and maintenance, away from their homes, of children held pursuant to article 3 or 7 of the Family Court Act, or held pending a hearing for alleged violation of the conditions of release from a school, center or youth center of the division, or held pending return to a jurisdiction other than the one in which the child is held, or held pending return from AWOL, or held pursuant to a securing order of a criminal court if the person named therein as principal is under 16 or held pending transfer pursuant to sentence.

(b)Juvenile detention facility shall mean a facility, certified by the division, for the care of children detained in accordance with provisions of the Family Court Act, regulations of the division, and the Criminal Procedure Law.

(1)No juvenile detention facility shall be located in a building which is also used as an adult detention or jail facility.

(2)If a juvenile detention facility is located on premises adjacent to an adult detention or jail facility, there must be total sight and sound separation between the facilities.

(3)A juvenile detention facility shall not share program space with any other type of program or facility without the prior written consent of the division.

(c)Secure detention facility shall mean a juvenile detention facility characterized by physically restricting construction, hardware and procedures.

(d)Nonsecure detention facility shall mean a juvenile detention facility characterized by the absence of physically restricting construction, hardware and procedures. Nonsecure detention facilities may be family boarding homes, agency-operated boarding homes, group care or institutional facilities and nonresidential programs and services as defined herein.

(1)Nonsecure detention family boarding care facility shall mean a family boarding home, certified by the division, to provide care for one to six children, and operated in accordance with this Part.

(2)Nonsecure detention agency-operated boarding care facility shall mean a family-type home, certified by the division, to provide care for one through six children, and operated in accordance with this Part.

(3)Nonsecure detention group care facility shall mean a facility, certified by the division, to provide detention care for 7 through 12 children, and operated in accordance with this Part.

(4)Nonsecure detention institutional facility shall mean a facility, certified by the division, to provide care for 13 or more children, operated in accordance with this Part.

(e)Holdover facility shall mean a juvenile detention facility with physically restricting features within which care may be provided for not more than 48 hours.

(f)Capacity shall mean the maximum number of children for whom care may be provided in any one facility. Any change of capacity must have the prior written approval of the division.

(g)Temporary care shall mean a period of not more than 45 days.

(h)Division shall mean the New York State Office of Children and Family Services, which has succeeded the New York State Division for Youth.

(i)Board shall mean the New York State Office of Children and Family Services, which has succeeded the New York State Board of Social Welfare.

(j)Department shall mean the New York State Office of Children and Family Services, which has succeeded the New York State Department of Social Services.

(k)Administrative agency shall mean the agency of county government responsible for the administration of the county detention program.

(l)Operating agency shall mean the authorized agency selected by the administrative agency to operate detention programs in a county.

(m)Office shall mean the New York State Office of Children and Family Services.

9 NYCRR 180-1.4 - Certification

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)No juvenile detention facility subject to inspection and supervision by the Division for Youth shall be operated unless it shall possess a valid operating certificate issued by the division pursuant to section 510-a(6) of the Executive Law and regulations of the division.

(b)

(1)Application for an operating certificate pursuant to these regulations shall be made upon forms prescribed by the division. An application for an operating certificate shall contain:

(i)the name of the facility and its location;

(ii)the name and address of the authorized agency, corporation, association, organization, proprietary operator or public agency, who or which operates such facility;

(iii)the type of facility;

(iv)the kind or kinds of care and services to be provided;

(v)a physical description of the facility, including land, buildings and equipment;

(vi)resident capacity;

(vii)a plan and description of staff positions, including duties and qualifications;

(viii)if applicant is a corporation, the names, addresses and occupations of the members of the board of directors;

(ix)the ownership or control of the land and premises, if other than the operator;

(x)the financial resources and sources of future revenue of the facility; and

(xi)such other information as may be required.

(2)Approval of application.

The application shall be approved and an operating certificate shall be issued when it is established that the facility meets, and will be operated in accordance with, the requirements of this Part.

(c)Certification shall be granted in writing for a period of not more than two years and may be suspended or revoked by the division when there is noncompliance with any of these regulations, except that the division may waive any regulation where there is substantial compliance and a determination is made that the well-being of the youth in care is not endangered.

(d)Renewals.

At least 60 days prior to the termination of the period of validity of an operating certificate, the facility shall refile an application for the renewed issuance of such operating certificate.

9 NYCRR 180-1.5 - Administration and operation of detention

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Administration of detention.

(1)Each county, and the City of New York, shall designate the agency responsible for administering detention on behalf of that jurisdiction, and shall so advise the New York State Division for Youth of such designation.

(2)Governmental agencies appointed as in subdivision (a) of this section may establish and operate detention facilities, pursuant to applicable statutes and regulations, and upon certification by the division.

(3)Agencies responsible for administering detention may contract with public or nonprofit child caring agencies to operate detention facilities, pursuant to applicable statutes and regulations, and upon certification by the division.

(i)Nonpublic agencies shall assure that their corporate purposes authorize operation of detention for PINS and JD's. Organizations seeking to incorporate for the purpose of operating detention facilities must comply with section 460-a of the Social Services Law.

(ii)Written contracts or agreements shall be required between agencies administering detention and persons or agencies operating detention facilities.

(iii)Contracts between agencies administering detention and persons or agencies operating detention facilities, shall be approved by the division for both programmatic and fiscal provisions.

(iv)Each county, and the City of New York, should take reasonable steps to provide conveniently accessible and adequate nonsecure detention care. Where a county does not have conveniently accessible and adequate nonsecure detention care in conformance with the requirements of section 218-a of the County Law, or where the City of New York does not have such nonsecure detention care, a formalized arrangement may be made with another county. The fiscal and programmatic provisions of this arrangement must be approved by the division.

(4)Agencies responsible for administering detention shall assure the availability of conveniently accessible adequate detention care for each day of the year. The administrative agency shall provide for adequate available detention care during periods of vacation, sickness or other emergencies, upon approval by the division.

(5)Where a county provides regional detention care, it shall be authorized to designate a maximum number of beds that shall be available to a county.

(6)Staff and volunteers of detention providers shall not engage in or condone discrimination or harassment of youth on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, or disability. Detention providers shall promote and maintain a safe environment, take reasonable steps to prevent discrimination and harassment against youth by other youth, promptly investigate incidents of discrimination and harassment by staff, volunteers and youth, and take reasonable and appropriate corrective or disciplinary action when such incidents occur. For the purposes of this section, gender identity or expression shall mean having or being perceived as having a gender identity, self-image, appearance, behavior or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth. Gender identity refers to a person’s internal sense of self as male, female, no gender, or another gender, and gender expression refers to the manner in which a person expresses his or her gender through clothing, appearance, behavior, speech, or other like.

(b)Prevention and remediation of child abuse.

(1)Each detention facility shall establish, subject to and consistent with any applicable collective bargaining agreement(s) and provisions of the Civil Service Law, a written procedure to review, evaluate and verify the backgrounds of and information supplied by all applicants for employment or voluntary work. This procedure shall include provisions for receiving, at a minimum, the following information from each applicant:

(i)a statement or summary of the applicant's employment history, including but not limited to any relevant child-caring experience;

(ii)the names, addresses, and where available, telephone numbers of references who can verify the applicant's employment history, work record and qualifications;

(iii)a statement or summary of the applicant's or volunteer's educational experience showing elementary school(s), if the applicant or volunteer does not have a secondary school diploma or high school equivalency diploma, secondary school(s) or college(s) attended, highest grade level or degree attained, and any additional credits earned;

(iv)the names and addresses of educational institutions that can verify the applicant's or volunteer's educational information;

(v)a listing of special skills or completed training courses which might aid in the performance of duties of the position for which he or she is applying;

(vi)the names, addresses and telephone numbers of at least two personal references, other than relatives, who can attest to the applicant's character, reputation and personal qualifications; and

(vii)a sworn statement by the applicant, indicating whether, to the best of his or her knowledge, he or she has ever been convicted of a crime in New York State or any jurisdiction and that all statements in the application are true, to the best of his or her knowledge.

(2)Each detention facility shall develop a plan for adequate supervision of staff and volunteers, taking into consideration the population served and the type, size and physical layout of the facility, to assure appropriate care of youth and the prevention of child abuse and maltreatment. The plan shall be submitted to the division for review and approval. The plan shall include, but not be limited to, the following:

(i)staffing patterns and the rationale for such patterns;

(ii)identification of all supervisors of staff and volunteers, including the designation of onsite supervisors;

(iii)a list of the qualifications and responsibilities of the supervisors;

(iv)procedures for periodic observations by supervisors of staff and volunteer interactions with youth in program;

(v)procedures for periodic supervisory conferences for staff and volunteers;

(vi)procedures, consistent with any applicable collective bargaining agreement(s) and provisions of the Civil Service Law, for periodic written performance evaluations of staff conducted by supervisors; and

(vii)methods for distributing written supervisory procedures to employees and volunteers.

(3)Each detention facility shall develop written procedures, available onsite, for the protection of program participants when there is reason to believe an incident has occurred which would render a program participant abused or neglected as defined in section 488 of the Social Services Law. Such procedures shall include, but not be limited to, the following:

(i)Notifications. Immediate notification of suspected incidents of abuse or neglect shall be made to:

(a)the Vulnerable Persons’ Central Register;

(b)local law enforcement officials, if it appears likely that a crime has been committed against a child, or confirm that such notification has already been made; and

(c)the office and the facility's administrative agency.

(ii)Investigation procedures. Immediately upon notification that a report of abuse or neglect has been made to the Vulnerable Persons’ Central Register and/or local law enforcement officials, the director of the facility or his or her designee shall:

(a)preserve any relevant audio and/or visual recording;

(b)preserve any other potential evidence;

(c)obtain proper medical evaluation and/or treatment for the program participant, as needed, with documentation of any evidence of abuse or neglect; and

(d)provide necessary assistance to the Justice Center for the Protection of People with Special Needs, office and, if applicable, local law enforcement officials in their investigation thereof.

(iii)Safety procedures. Upon notification that a report of abuse or neglect has been made to the Vulnerable Persons’ Central Register and/or local law enforcement officials with respect to a program participant in the detention facility, the director or his or her designee shall evaluate the situation and immediately take appropriate action to protect the health and safety of the program participant involved in the report and of any other program participants similarly situated in the facility. Additional action shall be taken whenever necessary to prevent future incidents of abuse or neglect. Any action taken should cause as little disruption as possible to the daily routines of the program participants. The following alternatives shall be considered in determining the course of action that will be taken with regard to a specific incident of alleged abuse or neglect:

(a)removal or transfer of the subject of the report, consistent with appropriate collective bargaining agreement(s) and applicable provisions of the Civil Service Law;

(b)initiation of disciplinary action against the subject of the report, consistent with appropriate collective bargaining agreement(s) and provisions of the Civil Service Law;

(c)increasing the degree of supervision of the subject of the report;

(d)provision of counseling to the subject of the report;

(e)provision of increased training to staff and volunteers pertinent to the prevention and remediation of abuse and maltreatment;

(f)removal or transfer of the program participant consistent with applicable placement procedures if it is determined that there is a risk to such program participant in remaining in that facility. The office shall be notified of any such removal or transfer; and

(g)provision of counseling to the program participant involved in the report and any other program participant, as appropriate.

(iv)Corrective action plans. Upon receipt from the Justice Center for the Protection of Persons with Special Needs (Justice Center) or the office of a substantiated report of abuse or neglect or an unsubstantiated report of abuse or neglect where the Justice Center or the office has determined that there has been a violation of the statutory, regulatory or other requirements related to the care and treatment of individuals receiving services, the director of the facility, with consideration of any appropriate recommendations received from the Justice Center or the office for preventative and remedial action, including legal action, shall:

(a)within 10 calendar days of receipt of a substantiated report of abuse or neglect, develop and implement a written plan of action to be taken with respect to an individual employee or volunteer to protect the continued health and safety of the program participant and to provide for the prevention of future acts of abuse or neglect, which plan shall include, at a minimum, those actions taken pursuant to subparagraph (iii) of this paragraph. Such plan will also describe the actions taken to address the investigation's findings. The plan shall be submitted to and approved by the office; and

(b)in the event an investigation of such a report indicates that such abuse or neglect may be attributed in whole or in part to noncompliance by the facility with provisions of article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-G of the Executive Law or the regulations of the office, develop and implement a plan of prevention and remediation which, at a minimum, shall address each area of noncompliance and indicate how the facility will come into compliance with article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-G of the Executive Law and the applicable regulations. Such plan will also describe the actions taken to address the office's findings. Such plan shall be submitted to and approved by the office and, upon approval, implemented.

(4)Training.

(i)Staff training. Subject to the amounts appropriated therefor, abuse and neglect prevention training shall be provided to all administrators, employees, and volunteers of the facility on a regular basis, but at least annually. Priority shall be given to the training of administrators, employees, consultants, and volunteers who have the potential for regular and substantial contact with the program participant in residential care.

(a)The purpose of such training shall be to increase participant's level of awareness, encourage positive attitudes and enhance knowledge and skill development in at least the following areas:

(1)abuse, neglect and significant incident prevention and identification;

(2)safety and security procedures;

(3)principles of child development;

(4)characteristics of youth in care;

(5)techniques of group and child management, including crisis intervention;

(6)laws, regulations and procedures governing the protection of children from abuse, neglect, and significant incidents, including reporting responsibilities; and

(7)relevant information which shall be provided on a regular basis by the division.

(b)Administrators may be exempted by the office from such training requirements upon demonstration of substantially equivalent knowledge or experience.

(ii)Instruction of program participant. Subject to the amounts appropriated therefor, instruction shall be provided to all program participants in techniques and procedures which will enable such program participants to protect themselves from abuse and neglect.

(a)Such instruction shall be:

(1)appropriate for the age, individual needs and particular circumstances of the youth, including the existence of mental, physical, emotional or sensory disabilities, as well as the needs and circumstances within the residential facility;

(2)provided at the time of admission in a manner which will ensure that all youth receive such instruction; and

(3)provided by individuals who possess appropriate knowledge and training, documentation of which must be retained by the facility.

(c)

(1)AIDS testing and confidentiality of HIV-related information.

Requirements regarding testing, confidentiality and precautions concerning the human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS).

(i)Background and intent.

(a)The purpose of this section is to establish standards for the proper disclosure of HIV-related information within detention facilities certified or operated by the Division for Youth, including family boarding homes.

(b)The purpose of this section is to establish standards which limit the risk of discrimination and harm to a child's privacy which unauthorized disclosure of HIV information can cause.

(c)The purpose of this section is to establish standards which seek to enhance the safety of employees and children at detention facilities or detention programs certified or operated by the Division for Youth.

(ii)Legal basis.

(a)Sections 500 and 510-a of the Executive Law grant the director of the Division for Youth (director) the power and responsibility to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction, and to set standards of quality and adequacy of facilities, equipment, personnel, services, records and programs for the rendition of services for youth.

(b)Section 2786 of the Public Health Law requires the director to promulgate regulations which provide safeguards against discrimination, abuse and other adverse actions directed toward protected individuals; provide for the proper disclosure of HIV-related information; protect individuals in contact with protected individuals when such contact creates a significant risk of contracting or transmitting HIV infection and establish criteria for determining when it is reasonably necessary for a provider of a health or social service or a State agency or a local government agency to have or use confidential HIV-related information for supervision, monitoring, investigation or administration.

(iii)Applicability. This section applies to any Division for Youth operated or certified detention facility, including family boarding homes.

(iv)Definitions pertaining to this section.

(a)HIV infection means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.

(b)HIV-related illness means any illness that may result from or be associated with HIV infection.

(c)HIV-related test means any laboratory test or series of tests for any virus, antibody, antigen or etiologic agent whatsoever thought to cause or to indicate the presence of HIV infection.

(d)Capacity to consent means an individual's ability, determined without regard to such individual's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment or procedure, and to make an informed decision concerning such service, treatment or procedure.

(e)Protected individual means a person who is the subject of an HIV-related test or who has been diagnosed as having HIV infection, AIDS or HIV-related illness.

(f)Confidential HIV-related information means any information, in the possession of a person who provides one or more health or social services or who obtains the information pursuant to a release of confidential HIV-related information, concerning whether an individual has been the subject of an HIV-related test, or has HIV infection, HIV-related illness or AIDS, or information which identifies or reasonably could identify an individual as having one or more of such conditions, including information pertaining to such individual's contact;.

(g)Health or social service means any public or private care; treatment, clinical laboratory test, counseling or educational service for children, and acute, chronic, custodial, residential, outpatient, home or other health care; public assistance; employment-related services, housing services, foster care, shelter, protective services, day care, or preventive services; services for the mentally disabled; probation services; parole services; correctional services; and detention and rehabilitative services, all as defined in section 2780(8) of the Public Health Law.

(h)Health facility means a hospital as defined in section 2801 of the Public Health Law, blood bank, blood center, sperm bank, organ or tissue bank, clinical laboratory, or facility providing care or treatment to persons with a mental disability.

(i)Health care provider means any physician, nurse, provider of services for the mentally disabled or other person involved in providing medical, nursing, counseling, or other health care or mental health service including those associated with, or under contract to, a health maintenance organization or medical services plan.

(j)Contact means an identified spouse or sex partner of the protected individual or a person identified as having shared hypodermic needles or syringes with the protected individual.

(k)Person includes any natural person, partnership, association, joint venture, trust, public or private corporation or State or local government agency.

(l)Division means the New York State Division for Youth.

(m)Child means any person between the ages of 7 and 18 years (inclusive) who has been remanded to any detention facility certified by the Division for Youth, including family boarding homes.

(n)AIDS means acquired immune deficiency syndrome, as may be defined from time to time by the centers for disease control of the United States Public Health Service.

(v)Prevention of discrimination and abuse.

(a)No child or staff will be subjected to discrimination because that child is or is thought to be HIV infected. All children shall be appropriately served by detention programs certified by the division according to the needs of the child.

(b)All detention facilities shall provide for training to all direct care personnel which shall include, at a minimum:

(1)initial employee and annual in-service training regarding the symptoms, causes and transmission of AIDS or AIDS-related complex, and universal infection control procedures; and

(2)initial employee training and annual in-service training regarding legal prohibitions against unauthorized disclosure of confidential HIV-related information.

(c)A list of all employees who have had such training shall be maintained by the detention facility together with a list of those employees authorized to access confidential HIV-related information. Such lists shall be updated annually.

(d)Each facility certified by the division shall establish and promulgate policies ensuring:

(1)maintenance of records containing confidential HIV-related information in a secure manner, limiting access to only those individuals permitted access pursuant to this subparagraph (iv) of this paragraph; and

(2)procedures for handling requests by other parties for confidential HIV-related information.

(vi)HIV-related testing.

(a)Except as noted in subclause (b)(2) of this subparagraph, no physician or other person authorized pursuant to law may order an HIV-related test without obtaining written informed consent.

(1)Informed consent shall consist of providing to the child to be tested or, if such child lacks capacity to consent, as defined in subparagraph (iv) of this paragraph to the person lawfully authorized to consent to health care for such person, pre-testing counseling that includes:

(i)explanations regarding the nature of HIV infection and HIV-related illness, benefits of the test and its results, an explanation of the HIV-related test and results, the accuracy of the HIV-related test, the significance and benefits of the test and its result; and the benefits of taking the test, including early diagnosis and medical intervention;

(ii)information regarding discrimination problems which might occur as a result of unauthorized disclosure of HIV-related information and legal protections prohibiting such disclosures;

(iii)information on preventing exposure or transmission of HIV infection, including behavior which poses a risk of HIV transmission; and

(iv)an explanation that the test is voluntary and that consent may be withdrawn at any time; information on the availability of anonymous HIV testing, including the location and telephone numbers of anonymous test sites.

(b)

(1)Written informed consent must be executed on a form developed or approved by the Department of Health, pursuant to that department's regulations found at 10 NYCRR section 63.4(a).

(2)Informed consent is not required in the following situations:

(i)for court ordered testing pursuant to Civil Practice Law and Rules section 3121;

(ii)if otherwise authorized or required by State or Federal law;

(iii)for testing related to procuring, processing, distributing or use of human body or human body part, including organs, tissue, eyes, bones, arteries, blood, semen or other body fluids for use in medical research or therapy, or for transplantation to persons, provided that if the test results are communicated to the tested person, post-test counseling is required;

(iv)for research if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher; and

(v)for testing of a deceased to determine cause of death or for epidemiological purposes.

(c)Post-testing counseling, and referrals with respect to a positive or negative test result, shall be provided to the person who consented to the test. Such post-test counseling and referrals must address:

(1)coping emotionally with the test results;

(2)discrimination issues;

(3)information on the ability to release or revoke the release of confidential HIV-related information;

(4)information on preventing exposure to or transmission of HIV infection and the availability of medical treatment; and

(5)the need to notify contacts; to prevent transmission, including information on State or county assistance in voluntary contact notification, if appropriate.

(d)A physician or other person authorized pursuant to law to order an HIV-related test shall certify on a laboratory requisition form that informed consent has been obtained.

(vii)Confidentiality and disclosure.

(a)Access to a child's confidential HIV-related information shall be strictly limited. No flags or other markings on charts, lists on walls, or similar public displays shall be used to indicate childs' HIV status. Nothing in these regulations shall be construed to limit or enlarge access to that portion of a child's file not containing confidential HIV-related information.

(b)No person who obtains confidential HIV-related information in the course of providing any health or social service or pursuant to a release of confidential HIV-related information may disclose or be compelled to disclose such information, except to the following:

(1)the protected individual or, when the protected individual lacks capacity to consent, a person authorized pursuant to law to consent to health care for the individual;

(2)any person to whom disclosure is authorized pursuant to a release of confidential HIV-related information in accordance with the regulations of the Department of Health set forth at 10 NYCRR section 63.4(a);

(3)an agent or employee of a health facility or health care provider if:

(i)the agent or employee is authorized to access medical records;

(ii)the health facility or health care provider itself is authorized to obtain the HIV-related information; and

(iii)the agent or employee provides health care to the protected individual, or maintains or processes medical records for billing or reimbursement;

(4)a health care provider or health facility when knowledge of the HIV-related information is necessary to provide appropriate care or treatment to the protected child or offspring of that child;

(5)a health facility or health care provider, in relation to the procurement, processing, distributing or use of a human body or a human body part, including organs, tissues, eyes, bones, arteries, blood, semen, or other body fluids, for use in medical education, research, therapy, or for transplantation to individuals;

(6)health facility staff committees, or accreditation or oversight review organizations authorized to access medical records, provided that such committees or organizations may only disclose confidential HIV-related information:

(i)back to the facility or provider of a health or social services;

(ii)to carry out the monitoring, evaluation, or service review for which it was obtained; or

(iii)to a Federal, State or local government agency for the purposes of and subject to the conditions provided in subclause (19) of this clause;

(7)a Federal, State, county or local health officer when such disclosure is mandated by Federal or State law;

(8)authorized agencies certified as detention facilities by the Division for Youth. Such agency shall be authorized to redisclose such information only pursuant to the provisions of article 27-F of the Public Health Law or in accordance with the provisions of section 373-A of the Social Services Law;

(9)third-party reimbursers or their agents to the extent necessary to reimburse health care providers, including health facilities, for health services, provided that, where necessary, an otherwise appropriate authorization for such disclosure has been secured by the provider;

(10)an insurance institution, for other than the purpose set forth in subclause (9) of this clause, provided the insurance institution secures a dated and written authorization that indicates that health care providers, health facilities, insurance institutions, and other persons are authorized to disclose information about the protected individual, the nature of the information to be disclosed, the purposes for which the information is to be disclosed and which is signed by:

(i)the protected individual;

(ii)if the protected individual lacks the capacity to consent, such other person authorized pursuant to law to consent for such individual; or

(iii)if the protected individual is deceased, the beneficiary or claimant for benefits under an insurance policy, a health services plan, or an employee welfare benefit plan as authorized in article 27-F of the Public Health Law;

(11)any person to whom disclosure is ordered by a court of competent jurisdiction pursuant to section 2785 of the Public Health Law;

(12)an employee or agent of the Division of Parole, Division of Probation or Commission of Correction, in accordance with regulations promulgated by those agencies;

(13)a medical director of a local correctional facility in accordance with regulations promulgated by the facility operator. Redisclosure by the medical director is prohibited except as permitted under Public Health Law, article 27-F and its implementing regulations;

(14)a physician may disclose the confidential HIV-related information during contact notification pursuant to Public Health Law, article 27-F;

(15)a physician may, upon the informed consent of a child or, if the child lacks the capacity to consent, other person qualified to give consent on behalf of the child, disclose confidential HIV-related information to a State, county, or local health officer for the purpose of reviewing the medical history of a child to determine the fitness of the child to attend school;

(16)confidential HIV-related information may be disclosed to a governmental agency or to authorized employers or agents of a governmental agency when the person providing health services is regulated by the governmental agency or when the governmental agency administers a health or social services program and when such employees or agents have access to records in the ordinary course of business and when access is reasonably necessary for supervision, monitoring, administration or provision of services. Such authorized employees or agents may include attorneys authorized by a government agency when access occurs in the ordinary course of providing legal services and is reasonably necessary for supervision, monitoring, administration or provision of services;

(17)confidential HIV-related information may be disclosed to authorized employees or agents of a person providing health services when such person is either regulated by a governmental agency or when a governmental agency administers a health or social services program, and when such employees or agents have access to records in the ordinary course of business and when access is reasonably necessary for supervision, monitoring, administration or provision of services and when such employee or agent has been authorized by the detention facility or program pursuant to these regulations. Such authorized employees or agents may include attorneys authorized by persons providing health services when access occurs in the ordinary course of providing legal services and is reasonably necessary for supervision, monitoring, administration or provision of services;

(18)no person to whom confidential HIV-related information has been disclosed shall disclose the information to another person except as authorized by this section; provided, however, that the provisions of this section shall not apply to the protected child or a natural person who is authorized pursuant to law to consent to health care for the protected individual;

(19)nothing in this section shall limit a person's or agency's responsibility or authority to report, investigate, or redisclose, child protective and adult protective services information in accordance with title 6 of article 6 and titles 1 and 2 of article 9-B of the Social Services Law, or to provide or monitor the provision of child and adult protective or preventive services;

(20)confidential HIV-related information shall not be disclosed to a health care provider or health care facility if the sole purpose of disclosure is infection control when such provider or facility is regulated under the Public Health Law and required to implement infection control procedures pursuant to Department of Health regulations;

(21)confidential HIV information shall not be released pursuant to a subpoena. A court order pursuant to Public Health Law, section 2785 is required;

(22)where confidential HIV-related information has been obtained from an alternate anonymous testing site, sexually transmitted disease clinic or the child's private physician, the child may choose not to disclose any information to detention staff. The test results will not be disclosed to any other person unless the child, or other person authorized to give consent, gives prior written consent, pursuant to this subdivision or unless disclosed pursuant to subclause (23) of this clause. Children must also be informed that once a positive test result is disclosed, it will be shared confidentially with a limited number of people directly involved with the child's care and planning for care, as set forth below. These people will be limited to the following:

(i)the facility's medical staff caring for the child (i.e.,physician's assistant, nurse and the supervising physician of the physician's assistant or primary care physician serving the child where the facility lacks other medical staff);

(ii)the facility director or, as applicable, the family boarding home parents and the family boarding home supervisor responsible for the child's case;

(iii)the chief administrative officers of the county administering agency;

(iv)for division-operated detention facilities, the division's Office of Counsel and the New York State Attorney General's office, where such access is necessary in furtherance of that office's duties;

(23)if, in the judgment of the facility health staff and facility director or, as applicable, the family boarding home supervisor responsible for the child's case, the results must be disclosed to additional party(ies) including the child's parent(s) or guardian(s), the facility director or family boarding home supervisor shall consult with the chief administrative officer of the county administrative agency. The chief administrative officer of the county administrative agency must concur with the facility director or family boarding home supervisor, if the information is to be disclosed to others not approved by the child. In such cases the criterion used for overriding the child's objections shall be that further disclosure of the information is critically important for the child's physical or mental well-being, and that such benefit may not otherwise be obtained. At no time will confidential HIV-related information be disclosed in violation of Public Health Law, article 27-F. Any decision or action taken pursuant to this paragraph and the basis for such decision or action shall be recorded in the child's medical record; and

(24)where a child who has acquired HIV-related information through a detention employed physician or physician's assistant or through a physician maintained to serve detention children, either on a contract or fee-for-service basis, the child must be advised that such information will be disclosed as set forth in subclauses (22) and (23) of this clause.

(viii)Disclosure and release.

(a)No confidential HIV-related information shall be disclosed pursuant to a general release or subpoena without a court order, pursuant to Public Health Law, section 2785, unless such release is to another health care provider. Disclsoure is permitted for HIV-related information pursuant to a specific release form which has been developed or approved by the Department of Health. The release must be signed by the protected individual, or if the protected individual lacks capacity to consent pursuant to clause (vi)(d) of this paragraph, by a person authorized pursuant to law to consent to health care for the individual.

(b)All written disclosures of confidential HIV information must be accompanied by a statement prohibiting redisclosure. The statement shall include the following language or substantially similar language: “This information has been disclosed to you from confidential records which are protected by state law. State law prohibits you from making any further disclosure of this information without the specific written content of the person to whom it pertains, or as otherwise permitted by law. Any unauthorized further disclosure in violation of State law may result in a fine or jail sentence or both. A general authorization for the release of medical or other information is not sufficient authorization for further disclosure. Disclosure of confidential HIV information that occurs as the result of a general authorization for the release of medical or other information will be in violation of the State law and may result in a fine or jail sentence or both.”

(c)If oral disclosures are necessary, they must be accompanied or followed as soon as possible, but no later than 10 days, by the statement required in clause (b) of this subparagraph. All disclosures, oral or written, shall be recorded in the child's official record.

(d)The statement required by clauses (a) and (b) of this subparagraph is not required for release to the protected person or to his or her legal representative, for releases made by a physician or public health officer to a contact, or for releases made by a physician to a person authorized pursuant to law to consent to the health care of the protected person when the person has been counseled and the disclosure is medically necessary pursuant to Public Health Law, section 2782(4)(e). For disclosure of confidential HIV-related information from the youth's medical files to persons who are permitted access pursuant to subclauses (vii)(b)(3)-(4), (6)-(7), (9)-(10) and (16)-(17) of this paragraph, it shall be sufficient for the statement required by clauses (b) and (c) of this subparagraph to appear in the child's medical record.

(ix)Protection of others at significant risk of infection.

(a)Staff and child protection. Since medical history and examination cannot reliably identify all children infected with HIV or other blood-borne pathogens, blood and body-fluid precautions shall be consistently used for all children. This approach, referred to as “universal blood and body-fluid precautions” or “universal precautions,” or “universal infection control procedures” shall be used during job-related activities which involve or may involve exposure to significant risk body substances as defined in Department of Health regulations at 10 NYCRR, section 63.9.

(b)Facilities and programs shall abide by any additional regulations regarding protective barriers or procedures as may be promulgated by the division.

(c)Staff will educate children regarding behaviors which pose a risk for HIV transmission.

(d)Each detention facility shall:

(1)implement and enforce a plan for the prevention of circumstances which could result in another employee or individual becoming exposed to blood or body fluids which could put them at risk for HIV infection, during the provision of services. Such a plan shall include:

(i)use of generally accepted protective barriers during the job-related activities which involve, or may involve, exposure to blood or body fluids. Such preventive action shall be taken by the employee with each youth and shall constitute an essential element for the prevention of bi-directional spread of HIV;

(ii)use of generally accepted preventive practices during job-related activities which involve the use of contaminated instruments or equipment which may cause puncture injuries;

(iii)training at the time of employment and yearly staff development programs on the use of protective equipment, preventive practices, and circumstances which represent a risk for all employees whose job-related tasks involve, or may involve, exposure to blood or body fluids;

(iv)provision of personal protective equipment for employees which is appropriate to the tasks being performed; and

(v)a system for monitoring preventive programs to assure compliance and safety; and

(2)implement and enforce a plan for the management of individuals who are exposed to blood or body fluids. The plan shall include:

(i)a system for voluntary reporting of all exposures thought to represent a circumstance for significant risk;

(ii)availability of services for evaluating the circumstance of a reported exposure and providing appropriate follow-up of the exposed individual which includes:

(A)medical and epidemiological assessment of the individual who is the source of the exposure, where that individual is known and available;

(B)if epidemiologically indicated, HIV counseling and testing of the source individual as permitted under Public Health Law, article 27-F. Where the HIV status is not known to the exposed individual, disclosure can be made only with the express written consent of the protected individual or pursuant to a Supreme Court order; and

(C)appropriate medical follow-up of the exposed individual; and

(iii)assurances for protection of confidentiality for those involved in reported exposures.

(x)Monitoring. Employees and agents of the division responsible for monitoring, inspecting, supervising, and investigating programs certified by the division shall have access to confidential HIV information to the extent necessary to discharge those responsibilities.

9 NYCRR 180-1.6 - Length of stay

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)No youth shall be kept in continuous detention care beyond 45 days from admission; except that such youth may remain beyond 45 days pursuant to court order or where the detention facility has obtained prior written approval by the division.

(b)A youth shall be considered absent without leave when absent from a facility where his or her whereabouts are unknown and where the youth's assigned bed is relinquished. A secure detention facility shall relinquish a youth's assigned bed on the day following a runaway when a child is not returned within 24 hours. Such absences shall be considered an interruption of continuous detention care. Reimbursement shall terminate upon AWOL and shall continue only upon the return of the youth to the facility.

(c)The agency administering detention shall be responsible for terminating detention care no later than the 45th continuous day of care, except where such termination would be contrary to court order or when prior division written approval for extension of detention has been granted. Notification of removal of the youth shall be given by the agency to the appropriate Family Court and other appropriate agencies.

(d)It shall be the responsibility of the agency administering detention to notify appropriate agencies, including the Family Court, no later than the 35th day of continuous care, and to notify the Family Court and such agencies of the granting or denial of approval for extension of detention.

(1)The agency administering detention shall assure the submission to the division, in such form and in such manner as the division may require, of requests for extension of detention beyond 45 continuous days of care, to be received not later than the 35th day.

(2)The agency administering detention shall be responsible for securing all information required by the division for review of requests for extension of detention.

(3)No approval of requests for extension of detention shall be made by the division where complete and adequate information is not provided in the request, including but not limited to:

(i)reason youth may not appear at court hearing or presents a serious risk to commit what would be a crime if the youth were an adult;

(ii)statement of major offense with which youth is charged (label of “Delinquency” or “Person in Need of Supervision” is not adequate);

(iii)reason for extension request, including dates for referrals, replies, study reports or dispositional placement;

(iv)status of placement efforts, if the final placement order has been handed down by the Family Court.

9 NYCRR 180-1.7 - Intake and admission

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Admission to a detention facility shall be limited to:

(1)youth referred pursuant to article 7 of The Family Court Act;

(2)children held pending a hearing for alleged violation of the conditions of release from a school, or center or youth center, of the division in compliance with Part 169 of this Subtitle;

(3)youth on whom a warrant has been issued by the division, in compliance with Part 181 of this Subtitle;

(4)youth held pending return to a jurisdiction other than the one in which the youth is held; or

(5)alleged juvenile offenders held pursuant to a securing order of a criminal court or pending transfer pursuant to sentence.

(b)Youth shall be admitted to a detention facility only when accompanied by police, sheriff, or a private or public agency official, or peace officer, who shall provide the legal basis for custody and detention referral in writing, and who shall provide, or certify that they will provide, documentation as to the true identity of the youth. Documentation shall include, but not be limited to, the youth's name, age and address of parents or legal guardian.

(c)A youth may be admitted to a detention facility for detention care without a warrant when referred by a peace officer who has taken the child into custody pursuant to section 718, 721 or 723 of The Family Court Act when such officer certifies, in writing, that he has complied with section 724 of The Family Court Act. Such certification shall include the fact that efforts have been made to notify the parent or other person legally responsible for care, and state the reasons such person or persons will not, or cannot, produce the youth before the Family Court as ordered. Said officer shall further certify that he will cause a petition to be filed against the youth on the next day Family Court is in session.

(1)When placement is from a county other than the operating county, contact information for a public official authorized to make emergency decisions regarding the youth, and the telephone numbers where such official may be reached on a 24-hour basis, shall be provided at the time of admission.

(2)Visitors shall be authorized as follows:

(i)Family Court judges, criminal court judges, or their designees, may visit detention facilities, interview youth and review records as they may deem appropriate.

(ii)Law guardians, probation workers and other agency officials, actively working with the youngster, may visit the youth through prior appointment at the facility. The facility director may authorize a tour of the facility for such visitors.

(iii)Parents and other visitors shall be permitted to visit the youth at least once a week, except when the facility director determines that such visits are detrimental to the youth or that the visitors refuse to comply with rules governing visitation. Where a parent cannot visit during established visiting hours, arrangements shall be made by the facility director to establish special visiting periods. The facility director shall publish written rules governing visiting hours and conditions for visitation. Where a visitor is excluded for any reason, the facility director shall specify, in writing, the reason for such exclusion. A copy of such statement shall be provided to the rejected visitor.

(d)When a youth is brought to a detention facility, pursuant to section 724(b) (iii) of The Family Court Act, the probation service or the administrator responsible for operating the detention facility is authorized, before the filing of a petition, to release the youth to the custody of a parent or other relative, guardian or legal custodian when the events that occasioned the taking into custody:

(1)appear to involve a petition to determine whether the youth is a person in need of supervision, rather than a petition to determine whether the youth is a juvenile delinquent;

(2)do not appear to involve any act which, if done by an adult, would constitute a crime; or

(3)appear to involve a petition to determine whether the youth is a juvenile delinquent unless:

(i)there is a substantial probability that the youth will not appear or be produced before the Family Court at a specified time and place;

(ii)there is a serious risk that, before the petition is filed, the child may do an act which, if committed by an adult, would be a crime;

(iii)the conduct involved the use or threatened use of violence; or

(iv)there is a reason to believe that a proceeding to determine whether the youth is a juvenile delinquent is currently pending.

(e)Youth referred for detention by the division shall be placed in a non-secure detention facility, unless a determination is made by the division that secure detention is needed. Requirements to be met for secure detention are:

(1)The offense or history of offenses is of such a serious nature as to be a threat to the community;

(2)the youth's behavior indicates need for intense supervision; and

(3)the youth's admission will be in compliance with Federal statutes and regulations pertaining to the detention of juveniles.

(f)No youth shall be fingerprinted or be photographed or otherwise identified for security purposes while a resident of a detention facility.

(g)When a youth absconds from a facility to which he or she was remanded pursuant to section 739 of The Family Court Act, or to which he or she has been delivered pursuant to section 510.15 of the Criminal Procedure Law, notice shall be given forthwith by an authorized representative of the facility to the clerk of the court from which the remand was made. An oral notice shall be confirmed in writing within 48 hours. The notice shall state the name of the youth, the docket number of the pending proceeding in which the youth was remanded, and the date on which the youth absconded.

(h)Intake official(s) shall be designated by the agency responsible for administering detention. Such intake official(s) shall be available on a 24-hour basis. Except when detention is pursuant to court order, prior to authorizing detention, the official(s) shall determine that the referral meets statutory criteria for detention admission and conforms to division regulations and pertinent local procedures.

9 NYCRR 180-1.8 - Personnel requirements

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

The following requirements shall be applicable to all detention facilities except for family boarding care facilities and agency-operated boarding care facilities.

(a)Staff and complementary services.

As approved by the Office of Children and Family Services, each facility shall provide the staff and complementary services necessary for the health and safety and the proper care and treatment of the children under care of the facility.

(b)Qualifications of staff.

Personnel employed in a detention facility shall meet the qualifications required by this section. Professional staff also shall meet all New York State licensing requirements for that profession.

(c)Administrative staff.

(1)Chief executive officer.

The chief executive officer or supervisor of major detention programs shall be a college graduate with appropriate training and experience in the care or education of children.

(2)Supervisor of child care workers. The supervisor of child care workers shall have a high school or equivalency diploma and be further qualified by appropriate training, and have experience with children in a group living facility.

(d)Case management staff.

(1)Personnel providing case management services shall be graduates of an accredited college and have two years' experience working with children.

(2)Personnel who supervise case management services shall meet the requirements for a licensed master social worker.

(e)Recreation supervisor.

A recreation supervisor shall be a graduate of an accredited college with experience in recreation or related fields.

(f)Medical staff.

(1)Attending physician or medical director. An attending physician or medical director shall be licensed and currently registered to practice medicine in accordance with the laws of New York State.

(2)Dentist. A dentist shall be currently licensed to practice dentistry.

(3)Nurse. A nurse shall be either a registered professional or a practical nurse licensed in accordance with the laws of New York State.

(4)Psychiatrist. A psychiatrist shall be qualified by training in psychiatry and licensed to practice medicine in accordance with the laws of New York State.

(g)Education staff.

Teacher. A teacher shall be eligible for certification by the New York State Education Department.

(h)Dietary staff.

(1)Dietitian or dietary consultant. A dietitian or dietary consultant shall be a graduate of an accredited college with a major in dietetics and nutrition and shall be a certified dietitian nutritionist.

(i)Personnel practices.

(1)Each detention facility shall observe the following:

(i)Health examination. A physical examination, including a tuberculin skin test with a chest X-ray where such test is positive, and serological tests as indicated, shall be required of all staff as a condition of employment.

(ii)Annual reexaminations, including a tuberculin skin test with a chest X-ray where such test is positive, shall be required of all food handlers and other staff having frequent and regular contact with children.

(iii)A record of the results of examinations shall be kept on file at the facility.

(2)Time off with pay. All staff shall have adequate time off with pay.

(3)Staff development. A plan for staff orientation, integration with the total agency services, and education through in-service training shall be a permanent part of the institution's program.

(4)At the time of commencement of employment each staff member shall be apprised of the institution's personnel practices and policies and shall thereafter be apprised of any changes made therein.

9 NYCRR 180-1.9 - Program requirements-secure and nonsecure institutional detention facilities

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Education program.

The purpose of educational programming in an institutional detention facility is to provide success-oriented, short-term educational activity.

(1)Children under care shall receive suitable educational instruction in accordance with the New York State Education Law for such short-term programs.

(2)A minimum of three hours of educational activity instruction each weekday shall be provided each child.

(3)Educational instruction shall be provided by a teacher qualified by, or eligible for certification by, the New York State Education Department, as provided in 8 NYCRR 80.32.

(b)Medical program.

The purpose of the health program of an institutional detention facility should be the provision of adequate and appropriate health services to assure that both public and individual health care needs of the children are met. The health care rendered should be of good quality, efficient, accessible and continuous. Provisions should be made for basic primary health care which would also include, but not be restricted to, dental, obstetrical, gynecological, mental health, and public and preventive health services. The extent that these services can be reasonably delivered will depend on the health needs of the youngsters, the length of stay at the facility and the health resources of both the detention facility and the surrounding community. The highest priorities in providing health services for youngsters in detention are the identification and treatment of emergency and/or serious acute health conditions, and the responsible interim management and treatment of chronic serious health conditions.

(1)Administration. As a minimum, detention facilities should have a health program which includes, but is not restricted to, the following:

(i)A specific administrative structure with designated director or administrative head with open access and reporting responsibilities to the chief administrator of the facility.

(ii)There should be the identification and documentation of all licensed physicians and medical personnel who supervise health personnel, directly render service, devise and review medical procedures.

(2)

(i)Procedures. A set of written procedures disseminated to and understood by all relevant detention staff, established to assure that basic health services are met. These procedures should include but not be limited to the health assessments.

(ii)Health assessments. All youngsters upon entering detention shall have a prompt health assessment conducted by a licensed physician or a health professional, trained specifically to perform health assessments under the supervision of a physician. This health assessment should be conducted within at least 72 hours after the youngster is admitted to the facility on routine cases. In circumstances where there exist conditions, indications or circumstances, either reported by the youngster, the youngster's family those, transporting and/or referring youngsters or other members of the detention facility, that indicate a physician's assessment is required sooner than 72 hours, the facility should make provisions to perform an immediate health assessment on an emergency basis. The health assessment should include the following:

(a)The health history—including but not restricted to pertinent data, family and social history, history of hospitalizations and/or past medical illness, review of body systems, current medical illness or complaints, any allergies or drug reactions and current use of prescribed medications, history of alcohol or substance abuse.

(b)Physical examination—should include measurement of height, weight, body temperature, blood pressure, pulse, respiration rate; and include the physical inspection of those parts of the body pertinent for the assessment of the status of growth and development, psychoneurologic, cardio-respiratory, gastro—intestinal, genitourinary, integement, musculosketal, metabolic, endocrine, and immunohematologic systems.

(c)Laboratory testing (where appropriate)—should include and not be restricted to hemoglobin and hematocrit, urinalysis, tuberculosis skin test, serology test for syphilis, Pap test and culture for gonorrhea for sexually active persons; other laboratory testing as appropriate or medically indicated to assure the proper diagnosis and/or treatment of any serious individual or public health disorder.

(3)Service plans for all identified health problems.

The records should reflect service plans for all identified health problems. For those health problems in which the physician has deemed it appropriate to defer further diagnostic inquiry and/or treatment, the records should reflect this deferment as part of the treatment plan. Appropriate immunization services should be provided.

(4)Health policies and admission into the detention facility.

(i)The life or the health of a child should not be jeopardized by admitting into detention any child with serious health problems that exceed the capacity for the detention facility to provide necessary health services. Unconscious or frankly suicidal children should not be admitted or maintained at a detention facility. Children in these categories should receive at the detention site those emergency health services that should assure the safe and immediate transportation to the appropriate local health facility.

(ii)Children with obvious signs of injury, altered state of consciousness, inexplicable bizarre behavior, obviously intoxicated states or other indications of serious health problems should be immediately assessed by the detention physician or health personnel as to the extent of the problem. A clinical decision should be made as to whether there exists a serious health problem that exceeds the capacity of the detention facility to provide the necessary health services. In the event that a physician or other health personnel are not onsite, the highest administrative detention official at a detention center must act immediately to secure such a decision by telephone consultation with the detention health personnel or other health care professionals. In the event that a clinical decision is made that there is any likelihood that the necessary health care cannot be rendered at the detention site, then immediate steps should be taken to transport such youngsters to the appropriate health facility.

(5)Prescription medications.

(i)The detention facility should have the facilities, equipment, records and personnel to assure the provisions for the prescription, storage, dispensation, administration of prescribed medication and/or controlled medication in compliance with Federal, State and local laws.

(ii)The services of a licensed pharmacist should be enlisted to oversee and supervise the storage and dispensation of prescribed medication. The administration of prescribed medication can only be performed by a physician or licensed, registered, professional or practical nurse.

(6)Health professional staffing.

Health professional staffing is largely indicated by the health needs of the institution, and may vary from institution to institution. However, staffing should include no less than the following:

(i)Physician. A primary care physician should be readily available on a 24-hour basis for telephone consultation. Physician should make onsite visits as required to assure appropriate medical service, but shall visit at least twice a week. The length of stay for the visits and the timing of the stay should be designated by the health needs of the children and the health program needs of the facility. The physician shall be responsible for the referral to appropriate and required medical specialty services for youngsters with health problems falling into the scope of the responsibility of the detention facility.

(ii)Physchiatric consultative services. The services of a licensed MD Board Certified or Board Eligible in Psychiatry should be available on an on-call basis for the examination and treatment of minor and/or acute mental disorders which can be appropriately handled in a detention facility. The psychiatrist should take major responsibilities in referring, when a youngster is brought into a detention facility requiring the services of mental hygiene.

(iii)Nursing service. The coverage of the nursing staff should also be determined by the individual health needs of the youngster and program health needs of the facility. Facilities for 13 or more children shall have on staff a full-time nurse for every 25 children. All facilities should have the capabilities to provide 24-hour nursing coverage on an on-call basis. Facilities with a capacity exceeding 60 require 24-hour nursing coverage. Such 24-hour coverage may be provided through child care staff who are qualified nurses.

(7)Formal arrangements for obtaining services of backup general and mental hospital and other essential specialty health services. The administration of detention facilities should develop, when at all possible, formal arrangements, through contracts or letters of understanding, that would assure that local hospitals and other community health care providers deliver needed health services for the detained youngsters.

(8)Provisions for the transfer of health information.

The detention health services shall be responsible for the efficient communication of health information to those health providers responsible for the health care of the child after detention. The consent of the child, parent and/or guardian should be obtained for the transfer of this information.

(c)Child care and treatment.

(1)There shall be only one child per bedroom.

(2)Children shall be humanely treated and provided with whatever is necessary for their safety, comfort and well-being.

(3)Staff supervision, awake and on duty, shall be provided at all times.

(4)Each facility shall provide for the proper isolation of children with communicable or infectious disease.

(5)Children in care shall not be permitted overnight home visits except for emergencies.

(6)Personal care.

Each facility shall provide the program, facilities and training necessary for the children's daily needs and development of sound habits and practices in regard to personal hygiene and general appearance.

(7)Clothing.

Each institution shall assure that each child has appropriate clothing, individually selected and properly fitted. Clothing shall be adequate in amount, attractive and of good quality, and properly maintained for comfort and health.

(8)Recreation and leisure time.

Each facility shall provide for leisure time activities and planned recreation for the children to include active and quiet games, both indoors and outdoors, appropriate to the children's needs.

(9)Work for children.

No child shall be used as a substitute for staff. Work performed by children shall be only that which clearly has a constructive value for their training.

(10)Discipline of children.

(i)abuse of children in any form is prohibited;

(ii)deprivation of meals, mail and family visits as methods of punishment of children is prohibited;

(iii)solitary confinement is prohibited;

(iv)punishment, control and discipline of children shall be an adult responsibility and shall not be prescribed or administered by children; and

(v)institutions shall maintain their discipline policies in writing.

(11)Room confinement.

(i)Room confinement shall only be authorized for secure detention facilities and 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.

(ii)Room confinement of children shall not be used for punishement. It shall be authorized only in cases where a child constitutes a serious and evident danger to himself/herself or others.

(iii)Room confinement may be authorized, in writing, by the head of the institution or designee, and shall include a statement of the reasons and grounds for the confinement.

(iv)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 presence of any of these items would be detrimental to the safety of the occupant or others, they may be removed during the period of confinement upon authorization of the head of the institution or designee.

(v)The designated place of confinement shall be lighted, heated and ventilated in parity with the other comparable living areas in the institution.

(vi)Auditory and/or visual adult supervision of the child shall be maintained throughout the period of room confinement.

(vii)Each child in confinement shall be visited at least once within each 24 hours by administrative or social work staff, and shall be examined at least once within 24 hours by a registered nurse, licensed practical nurse or duly licensed physician.

(viii)A review of the necessity for continued confinement of each child shall be made at least one time in each 24-hour period, by the head of the institution or designee, to effectuate the return of the child to the regular program as soon as the child is no longer a danger to himself/herself or others.

(ix)Each secure detention facility shall submit reports to the division, on such forms as required by the division, on a monthly basis. Such reports shall include:

(a)the number of children who have been placed in confinement; and

(b)the name of each child placed in confinement, with a report of the length of confinement, the official authorizing the confinement, and the names of administrative or social work staff and medical staff visiting each such child, and the times and dates of such visits.

(12)Protection of religious faith.

The religious faith of each child shall be preserved and protected.

(13)Treatment services.

(i)Casework service shall be made available to all children under the care of the facility as soon after admission as practicable, and personnel providing casework service shall visit each child daily at least during the first week of each child's placement. Casework service shall be provided by personnel with qualifications described in this Part.

(ii)Psychiatric and psychological services, including tests and examination, shall be made available for children under care.

(14)There shall be a recreation supervisor, responsible for coordinating recreational activities, in each facility.

(15)Minimum staff ratios shall be as follows:

(i)one child care worker per eight children per shift; and

(ii)one social worker per 15 children.

(16)Minimum staff shall be determined by the division, in consultation with the administering agency, to insure an adequate program standard. Maximum staffing shall be determined by the division, in consultation with the administering agency, for reimbursement purposes. All staffing patterns shall be determined annually, based on the annual detention plan as submitted to the division for approval.

(17)Nutrition and food services.

(i)Food served shall be of good quality and of sufficient quantity.

(ii)Children's diet shall meet the nutritional standards recommended by the National Research Council.

(iii)All milk and milk products shall be pasteurized.

(iv)Food preparation and services.

(a)Food shall be prepared and served under the direct supervision of, or in scheduled consultation with a qualified dietition or dietary consultant.

(b)Menus, as served, shall be retained on file for one year after date of use.

(18)Sleeping accommodations.

(i)Single rooms. Single sleeping rooms for children shall contain not less than 70 square feet of floor area and shall have a minimum horizontal dimension of seven feet. Walls shall be at least seven feet in height.

(ii)Children's sleeping accommodations shall not be permitted in spaces where the floor is located below ground level or where natural light and ventilation is lacking.

(iii)Each agency shall provide each child with a bed suitably equipped, and clothing storage space for his own private use, conveniently located.

(iv)Sheets and pillowcases shall be changed once a week and more often when necessary. Children's beds shall be equipped with waterproof materials when necessary.

(19)Bathing and toilet facilities.

(i)Number of bathrooms, toilets and lavatories for multiple use. Bathrooms, toilets and lavatories shall be convenient to children's sleeping quarters which are not individually equipped with these facilities. There shall be a minimum of one toilet (water closet) to serve every six children, and one tub or shower to serve every eight children. All toilets and urinals, and all girls' showers, shall be separated by screening or partitions for at least minimal privacy.

(ii)Number of bathrooms, toilets and lavatories for single use. Bedrooms equipped with toilets and lavatories shall have appropriately located floor drains and shall have shutoff valves, exterior to the rooms and conveniently accessible, for supply and drainage pipelines. Bedrooms so equipped may be used for medical isolation, for children needing separation from the group or for general purposes.

(iii)Toilet facilities and sanitary drinking fountains shall be provided convenient to all indoor and outdoor program areas.

(iv)Children's toilet articles. Each child shall be provided with his own toothbrush, comb, towel and washcloth. Each child's towel and washcloth shall be kept in a separate space and shall be changed at least twice a week and more often when necessary.

(v)Staff facilities. Bathrooms, toilets and coat closets for staff shall be separate from those of the children and shall be appropriately located.

(20)Recreation facilities.

(i)Indoor recreation and living facilities. The detention facility shall provide resources for a balanced program of indoor recreation and for lounge facilities to accommodate its full capacity of children at any given time. Such resources shall permit a range of activities from vigorous, organized games through quiet informal play and shall include appropriate equipment, furnishings, storage, toilets and similar service features.

(ii)Outdoor recreation. The detention facility shall provide resources for a balanced program of outdoor recreation to adequately accommodate its full capacity of children at any given time. Outdoor play areas shall provide a minimum of one acre of securely fenced, properly drained, play space for 20-bed and smaller detention facilities and proportionally larger areas for higher capacity facilities to meet the requirements of this section. Such facilities shall permit a range of activities from vigorous organized games through informal play and shall include supportive equipment, pavings, shaded areas, storage, lighting, access to toilets and similar service features.

(21)School facilities.

(i)Academic and industrial arts or homemaking classrooms shall be provided to permit formal instruction for the full capacity of children. Classrooms shall provide a minimum of 40 square feet per pupil in new construction. Classroom equipment shall be sturdy and in keeping with the requirements of the local school authorities.

(ii)The maximum group size for school classes shall be one teacher per 12 students.

(22)Health facilities.

(i)Rooms for medical examinations. A room or rooms shall be provided for medical examinations, nurse's office, first aid and other treatment. The room or rooms shall be adequately furnished and equipped to fulfill these functions, and shall be used for no other purposes.

(ii)Rooms for care of children with minor illnesses. Children with minor illnesses, not requiring hospital care, shall be cared for in a room or rooms not occupied by children who are not ill.

(iii)Isolation facilities. Facilities for the isolation of children with communicable disease are required and shall be equipped for the efficient care of such children. Such facilities shall be maintained in a manner to prevent the spread of disease. Separate toilet facilities shall be utilized by children with communicable disease.

(iv)First aid supplies, as recommended by the staff physician, shall be readily available for use.

(v)All drugs, medicines and instruments shall be kept in a suitable locked cabinet and accessible only to the physician or nurse in charge.

(d)Physical plant requirements.

(1)Office and reception facilities.

Each detention facility shall provide:

(i)onsite office space adequate to permit the efficient, businesslike operation of the program and related services, and for private interviews, consultations or conferences. Space and equipment shall be provided for the safekeeping and privacy of essential records and the temporary storage of the children's personal belongings;

(ii)reception space for the orderly intake and release of children and for visiting with the children.

(2)Dining rooms.

Dining rooms in all facilities shall be adequate to serve the children under care. A minimum of 15 square feet of floor space per person, to accommodate the planned seating capacity, shall be provided.

(3)Kitchens.

(i)Equipment. All kitchens shall be well-lighted, properly ventilated, provided with essential and proper equipment for the preparation and serving of food, storage, refrigeration and freezer facilities, for the number of persons to be served.

(ii)Defective utensils. Dishes, glassware and other utensils with chips, cracks or other defects shall be discarded.

(iii)Protection from rodents and insects. Food and dishes shall be protected from rodents and insects.

(iv)Cleanliness. All kitchen equipment and surroundings shall be kept clean.

(v)Food handlers. Employees engaged in the handling and preparation of food shall meet all State and local health requirements and shall wear proper and clean apparel and give special attention to personal cleanliness.

(vi)Compliance with health and safety regulations. Each institution shall comply with the regulations relating to kitchen operations for fire protection, safety, sanitation and health, as set forth by the State, and county and local health and fire departments.

(4)Food storage.

(i)Storerooms and pantries. Storerooms and pantries shall be dry, well-lighted and ventilated. All proper measures shall be taken to keep them free from vermin and rodents.

(ii)Cleaning supplies shall be kept separate from food supplies.

(iii)Refrigeration of perishable foods. In the refrigeration of all perishable foods, the temperature shall be at or below 45°F.

(iv)Freezers. Freezers and frozen food compartments shall be maintained at minus 10° to 0°F.

(v)Thermometers. Accurate thermometers shall be attached to all refrigerated areas in the warmest zones.

(5)Sanitation.

(i)Compliance with State and local requirements. Each institution shall comply with the requirements of State and local departments of health.

(ii)Water supply and sewage facilities. Adequate and safe water supply and sewage facilities shall be provided and shall comply with State and local laws.

(iii)Washing of food containers and utensils. Dishes, glassware, eating and cooking utensils, and food containers (including those used in transporting food) shall be properly washed, rinsed, disinfected and dried in a sanitary manner to conform to the following standards:

(a)scraping to remove food particles;

(b)prerinsing and proper stacking;

(c)mechanical dishwashing:

(1)washing in clear water, maintained at 140° to 160°F, containing recommended amount of effective detergent or washing compound;

(2)rinsing in water maintained at 180°F;

(3)drying by air;

(d)hand dishwashing:

(1)washing in clear water, maintained at 100°F to 120°F, containing recommended amount of effective detergent or washing compound;

(2)rinsing in clear, hot water;

(3)sanitizing by use of a sanitizing agent recommended by the Department of Health or immersing in water at temperature of 170° to 180°F;

(4)drying by air.

(6)Compliance with regulations; washing of hands by food handlers.

The food preparation and service area shall conform to State and local regulations. Soap and single-service towels shall be provided as part of the handwashing facilities. Handwashing signs shall be posted in each toilet facility used by employees.

(7)Screens.

Insect screens shall be used where food is stored, prepared or served, and wherever else necessary.

(8)Cleaning of equipment.

Adequate provision shall be made for the effective cleaning of all equipment and surroundings.

(9)Trash and garbage.

All trash and garbage shall be kept in suitable covered containers, stored away from the food preparation areas, and shall be removed from premises at regular intervals.

(10)Storage rooms and closets.

Housekeeping service closets shall be provided within, or convenient to, each children's living unit, program areas and food service spaces.

(11)Screening and fencing.

(i)Proper screening and fencing shall be provided throughout the building where and when needed. Such screening and fencing shall effectively and humanely detain the children within the program and living areas, shall provide privacy as needed and shall discourage unauthorized or objectionable communications with the outside community.

(ii)Screening and pesticides shall be used to control insects and other vermin to maintain a safe and sanitary environment for staff and children.

(12)Communications.

(i)Telephones. Each separate living unit shall have 24-hour telephone service, or an intercom system connected with an outside telephone service.

(ii)There shall be an electrical signal system between the child care workers' station and rooms in children's sleeping areas which would permit a child to call for assistance from within a locked room.

(iii)There shall be an intercommunications or emergency signal system readily available and operable to permit staff members to summon aid immediately to supervisory areas, teaching stations, interview rooms and similar spaces wherever supervisory assistance may not be readily available.

9 NYCRR 180-1.10 - Program requirements noninstitutional, nonsecure detention facilities

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Family boarding care facilities and agency-operated boarding care facilities.

(1)General requirements.

(i)All members of the household must be of good character and reputation. Fitness shall be attested by satisfactory references.

(ii)The operators and relief shall be in good health and have no disqualifying physical or mental handicap.

(iii)The operators and relief operators shall have the ability to relate positively to the children in care and shall have an understanding of their needs. At least one of the operators shall be present in the home and available for supervision at all times.

(iv)The home must be in an appropriate neighborhood, as determined by the division.

(v)The home must be readily accessible to community resources and activities.

(vi)The home and premises must be kept in clean and sanitary condition and in good repair, and provide for the reasonable comfort and well-being of the household.

(vii)The home must provide reasonable (as determined by the division) security against fire hazards.

(viii)There must be adequate and accessible supply of water of satisfactory sanitary quality for drinking and household use. There must be provision for hot water for washing and bathing.

(ix)The dwelling must be effectively screened against flies and other insects where appropriate.

(x)The temperature in the home shall be maintained at a comfortable level as determined by the division.

(xi)Adequate bathing, toilet and lavatory facilities (as determined by the division) shall be kept in sanitary condition.

(xii)Sleeping arrangements shall be as follows:

(a)Each child in care shall have a separate bed. Sleeping rooms shall provide at least 30 square feet of floor space for each bed and two feet of space between beds, with walls at least seven feet high, and shall have a minimum horizontal dimension of seven feet. No more than three children shall occupy any bedroom.

(b)Every sleeping room occupied by children in care shall have good natural light and ventilation, and shall have one or more windows opening directly to the outside.

(c)No bed shall be located in any unfinished attic, basement, or in any stair, hall, or room commonly used for other than bedroom purposes.

(d)Children of different sex shall not sleep in the same room.

(e)Separate and accessible drawer space for personal belongings and closet space for clothing shall be available for individual children in care.

(xiii)There shall be outdoor play space available, other than in a street. It shall be readily accessible either on the premises or elsewhere.

(xiv)The following conditions shall be observed:

(a)Children in care shall mingle freely and on equal footing with other children in the household.

(b)The religious faith of the child shall be preserved and protected.

(c)Provisions shall be made to meet the educational needs of children in care.

(d)Food supplied to the children in care shall be of good quality, properly prepared, and served at regular hours in sufficient quantity.

(e)Clothing shall be kept in proper condition of repair and cleanliness, and shall be adapted to seasonal conditions and be of such style and quality so as not to distinguish the children in care from other children in the community.

(f)Individual toilet articles such as comb and toothbrush shall be provided.

(g)Health supervision, medical and dental care shall be provided each child in accordance with his needs. Each child continued in care for more than three days shall have a physical examination which shall be recorded.

(h)Records of admission and discharges shall be maintained as described in these regulations.

(i)No home shall care for more than six children. This shall include any children under 13 years of age who live with supervisory personnel in the facility.

(2)Other requirements—family boarding care facilities.

(i)Operators of family boarding care detention facilities shall meet the following requirements:

(a)They shall be free from communicable disease. There shall be a recent physical examination of the operators. Additional reports shall be provided upon request by the division.

(b)They shall be in reasonably secure economic position and self-supporting aside from payments to be made for the children in care. One of the operators may work.

(c)The authorized agency must be able to communicate successfully with operators in the best interest of the children in care where there is a language barrier.

(d)No operator shall operate a commercial lodging or boarding house, seasonal or otherwise, or conduct maternity or convalescent business or other business which might adversely affect the welfare of the children in care.

(ii)Couples who operate a facility and are living together shall be legally married.

(3)Additional requirements for agency-operated boarding care detention facilities.

(i)At least two adults shall be responsible for the care of the children in care. In the case of a married couple, it is permissible for the man to work outside of the detention program operation.

(ii)There shall be provision for relief persons on a regular basis.

(iii)There shall be provision for emergency coverage.

(b)Nonsecure group care facilities.

Nonsecure group care facilities for the care of at least 7 but not more than 12 children shall be operated only when the following conditions are met:

(1)A professionally qualified social worker, as required herein, with experience in child welfare, who may be in the employ of the local department of social services or Family Court probation service, shall provide casework service as soon after admission as practicable, and visit each child daily at least during the first week of each child's placement.

(2)Adequate supervision shall be provided for the children. Persons caring for children shall be sufficient in number for the children under care and shall be selected on the basis of good moral character, interest in and ability to care for children. There shall be:

(i)at least two adults responsible for the care of children on duty in each detention facility;

(ii)appropriate housekeeping staff;

(iii)provision for relief personnel on a regular basis; and

(iv)provision for coverage in the case of any emergency.

(3)Physical facility.

(i)Location. The nonsecure group care facility shall be in an appropriate neighborhood and so located that it is accessible to religious, school and recreational facilities and other community resources. Suitable outdoor play areas shall be readily available to the children.

(ii)Building and grounds. Buildings used in whole or in part as a detention facility shall be in compliance with all applicable local building and fire regulations.

(iii)General requirements.

(a)The facility shall be of sufficient size to provide adequate living accommodations for the residents and shall be suitably furnished and equipped.

(b)The facility shall be kept in sanitary condition and good repair.

(c)The facility shall be effectively screened against flies and other insects.

(d)Adequate and safe water supply and sewage facilities shall be provided and shall comply with State and local laws.

(iv)Heating, electrical, ventilating and other mechanical systems shall be designed and maintained so that, under normal conditions of use, danger to the health and welfare of the residents from such equipment will be held to a minimum.

(v)Temperature in the facility shall be maintained at a comfortable level.

(vi)Rooms shall be adequately lighted and ventilated.

(vii)All floors used by children shall have alternate exits, remotely located from each other and readily accessible to the occupants, except that a two-story detached dwelling shall have a minimum of one exit stair from the second floor and at least one additional alternate, safe means of emergency egress from the second floor to ground level outside of the building, with access to a street or other suitable open space.

(viii)Occupancy by children shall not be permitted above the second floor in a building of wood-frame construction.

(ix)Sleeping rooms.

(a)Every sleeping room occupied by children shall have good natural light and ventilation and shall have one or more windows opening directly to the exterior.

(b)Separate and accessible drawer or shelf space for personal belongings, and sufficient closet space for indoor and outdoor clothing, shall be available for each child.

(c)No sleeping accommodations shall be located in any unfinished attic, basement, stair, hall, or room commonly used for other than bedroom purposes.

(d)Children of different sex shall not sleep in the same room.

(e)All single sleeping rooms for children shall contain not less than 70 square feet of floor area in a minimum horizontal and vertical dimension of seven feet.

(f)All sleeping rooms for the accommodation of more than one child shall contain not less than 60 square feet of floor area per child and a minimum horizontal dimension of eight feet with walls seven feet high.

(1)No more than three children shall occupy a bedroom.

(2)Each child shall have a separate bed, spaced at least three feet apart from other beds.

(g)Staff members who sleep at the facility shall be provided with sleeping quarters separate from those for children.

(x)Bathing and toilet facilities. Bathing and toilet facilities shall be provided as follows:

(a)Minimum requirements as to lavatories, tubs or showers:

Children	Lavatories	Tubs or Showers
7—8	2	1
9—12	3	2

(b)A minimum of two toilets shall be provided and available for the children.

(xi)Living rooms. Living rooms or rooms of sufficient size shall be provided to serve the needs of the residents.

(xii)Dining facilities. Dining facilities shall be provided with sufficient space and equipment to serve all the residents.

(xiii)Kitchen. The kitchen shall be equipped to provide adequate food preparation, storage and service.

(xiv)Facilities for storage and laundry. Facilities for storage and laundry shall be provided and shall include:

(a)space for storage of household supplies, larger personal items, seasonal clothing and outside sports and gardening equipment; and

(b)linen closet.

(xv)Sanitation.

(a)Compliance with State and local requirements. Each facility shall comply with the requirements of State and local departments of health.

(b)Water supply and sewage facilities. Adequate and safe water supply and sewage facilities shall be provided and shall comply with State and local laws.

(c)Washing of food containers and utensils. Dishes, glassware, eating utensils, and food containers (including those used in transporting food) shall be properly washed, rinsed, disinfected and dried in a sanitary manner to conform to the following standards:

(1)scraping to remove food particles;

(2)prerinsing and proper stacking;

(3)mechanical dishwashing:

(i)washing in clear water, maintained at 140° to 160°F, containing recommended amount of effective detergent or washing compound;

(ii)rinsing in water maintained at 180°F;

(iii)drying by air;

(4)hand dishwashing:

(i)washing in clear water, maintained at 100° to 120°F, containing recommended amount of effective detergent or wash ing compound;

(ii)rinsing in clear, hot water;

(iii)sanitizing by use of a sanitizing agent recommended by the Department of Health or immersing in water at temperature of 170° to 180°F;

(iv)drying by air.

(d)Washing of hands by food handlers. The food preparation and service area shall conform to State and local regulations. Soap and single-service towels shall be provided as part of the handwashing facilities. Handwashing signs shall be posted in each toilet facility used by employees.

(e)Closets and lockers for dietary personnel. Either closets or lockers shall be provided for dietary personnel to hang their clothing.

(f)Screens. Window and door screens shall be used where food is stored, prepared or served, and wherever else necessary.

(g)Cleaning of equipment. Adequate provision shall be made for effective cleaning of all equipment and surroundings.

(h)Trash and garbage. All trash and garbage shall be kept in suitable covered containers, stored away from the food preparation areas, and shall be removed from premises at regular intervals.

(xvi)Medical policies and procedures.

(a)The medical policies and procedures shall be described in writing and interpreted to all the personnel of the facility. They shall be subject to frequent and regular review.

(b)Health supervision, medical and dental care shall be provided each child in accordance with his needs, and shall follow the written medical policies and procedures.

(c)Examinations. Each child continued in care for more than three days shall have a complete physical examination, including an appraisal of his health, which shall be properly recorded.

(d)A continuing individual medical record shall be maintained for each child in care.

(xvii)Child care.

(a)Food supplied to the children shall be of good quality, properly prepared, served at regular hours and sufficient in quantity. The diet shall meet the nutritional standards recommended by the National Research Council. All milk and milk products shall be pasteurized.

(b)Menus, as served, shall be retained on file for one year after date of use.

(c)Each child shall be provided with appropriate clothing, individually selected and properly fitted. Clothing shall be adequate in amount, attractive and of good quality, and properly maintained for comfort and health.

(d)Treatment services shall be provided children in accordance with their individual needs, and shall include psychiatric and psychological services, including tests and examinations.

(e)Appropriate educational and recreational programs shall be provided for the children in care.

(f)Protection of religious faith. The religious faith of each child shall be preserved and protected.

9 NYCRR 180-1.11 - Secure detention holdover programs

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A holdover facility shall be established only when an approved available secure detention facility is located more than 1 ½ hours distant from the Family Court under normal travel conditions.

(b)Children shall not be detained in a holdover facility in excess of 48 hours, except that a youth may be detained in such facility for up to 72 hours in the case of holidays or court recess.

(c)Capacity of a holdover facility shall not exceed three children.

(d)A holdover facility shall be located in a fire resistant building, have at least one individual sleeping room, a separate area for recreation, waiting, interviewing or visiting, a bathroom (to include a toilet, sink and shower) with hot and cold running water. Outside communications, such as 24-hour telephone service, shall be available.

(e)Each facility shall provide for dining and make provisions to serve snacks or meals to newly admitted children, and for regular meals.

(f)When a holdover facility is located in an institution caring for other people, detained children shall be kept in separate quarters out of sight and hearing of such other people.

(g)Provision shall be made for 24-hour awake, on-duty supervision when children are detained in a holdover facility. A woman shall be on duty whenever a female child is detained. Personnel shall be drawn from a panel of persons who have personal characteristics and experience appropriate for work with children who may be disturbed or angry after apprehension for violation of law and removal from home.

(h)Only children of the same sex may sleep in the same room

(i)There may be no more than two children sleeping in each bedroom.

9 NYCRR 180-1.12 - Records, reports and notification

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Reports shall be submitted to the division on forms prescribed by the division. Such reports shall include but not be limited to:

(1)reimbursement claims;

(2)statistical reports;

(3)population reports;

(4)report of room confinement;

(5)report of fire in facility;

(6)report of death of child in facility; and

(7)other reports as may be required and needed.

(b)The division shall be notified in writing of any request for change in program, capacity or plans to subsequently change or modify physical plant. The division shall also be notified of any unusual or serious events such as, but not limited to, riots, assaults, or birth by residents. Such notification shall be submitted in writing within five days of the occurrence of the incident, after verbal notification within 24 hours:

(c)Records and reports.

(1)Each facility shall maintain a current case record for each child, which shall include intake information, observation and treatment reports and transfer or discharge summary.

(2)Other records relating to children.

(i)Each facility shall keep records of individual children required by section 372 of the Social Services Law.

(ii)Records shall include information concerning date and time of admission, reasons for admission (pertinent section of law), place to which child is discharged, specific offense alleged, length of stay prior to petition, length of stay from adjudiciation to final disposition, and total length of stay.

(iii)Records shall be conveniently indexed and provision shall be made, either by means of a card index or otherwise, so that an accurate roll call of the children present or under care at any time may be readily made.

(iv)Records shall be retained by the administrative agency until the child becomes 18 years of age.

(v)Records and reports maintained by the facility related to children under the jurisdiction of the division shall be confidential, pursuant to section 372 of the Social Services Law and section 168.7 of this Subtitle.

(3)Visitors.

Each facility shall keep a book in which shall be entered the name, address, date of visit, and relationship of every person visiting each child, which name and address shall be secured by each such visit.

(i)Each facility shall report all deaths of children to the division within 24 hours of the occurrence of such deaths, on forms and in the manner prescribed by the division.

(ii)Each facility shall report to the division all injuries to children which require the services of physician and which, in his opinion, have caused or may cause death, serious disability or disfigurement of the body.

(iii)Report of fires. All institutional fires, or incidents involving the use of fire fighting or fire safety equipment, shall be orally reported to the division within 48 hours of the time of occurrence. A written report shall be submitted to the division within 10 days.

(d)Examination by State Division for Youth.

Representatives of the State Division for Youth shall, at all reasonable times, be allowed to observe and interview children with relation to any matter pertaining to their health, safety, treatment and training.

(e)The division shall list all facilities certified for the detention of children and shall file a copy of that list semiannually with the clerk of the Family Court in each county, the clerk of the Criminal Court of the City of New York, the clerk of the Supreme Court in each county within the City of New York, and the clerk of the County Court in each county outside the City of New York.

9 NYCRR 180-1.13 - Division for Youth visitation and inspection

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Officials, agents or representatives of the division shall visit and inspect all facilities used for the detention of children, pursuant to The Family Court Act and the Criminal Procedure Law, and subject to certification by the division. Such officials, agents or representatives are empowered to inspect and review all areas, physical plants, programs, records, reports, files, memoranda and other pertinent material and locations relating to the establishment and operation of such facilities, programs and services.

(b)Officials, agents or representatives of the division shall have access to contact, visit and interview all children received for detention care, and all staff employed to provide services in detention facilities.

(c)Reports, data and other material relating to establishment and operation of detention facilities, programs or services shall be made available to officials, agents or representatives of the division on such forms, at such time and in such manner as may be prescribed by the division.

(d)The division shall make periodic reports of the operation and adequacy of such facilities, and the need for provision of such facilities, to the county executive, if there be one, the county legislature and the Family Court judges of the county in which such facilities are located, and the Office of Court Administration.

9 NYCRR 180-1.14 - Fire safety and accident prevention

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)General requirements.

(1)Each facility shall comply with all applicable State and local laws, ordinances, rules and regulations relative to fire protection, applying any which are more restrictive than the requirements in this Part.

(2)Each non-secure and secure detention institutional facility shall arrange an annual inspection of each building and its fire protection equipment (which shall be installed according to recommendations by the National Fire Protection Association) by a qualified fire inspection official, who shall give the facility a written report of his findings which shall be kept on file on the premises until the next annual report of inspection has been received and filed. The facility shall be responsible for correcting any fire hazards called to its attention through such inspection, and for keeping a written record on file of the action taken with date. Copies of the inspection report and report on repairs made must be forwarded to the division.

(3)Each detention facility staff member and facility operator shall be familiar with the fire safety prevention program, which shall be in writing, appropriate to their facility program and approved by local fire officials.

(4)No hazardous condition shall be permitted to exist in any detention facility.

(5)Children shall not operate any power equipment, except under the close supervision of a responsible adult and only when such children are of legal age to do so.

(6)For each non-secure and secure detention, institutional and group care facility, fire drills shall be held at different times during the day and night and as often as is needed to familiarize and instruct children and staff with routine, but not less often than once in each 60-day period. A fire drill census taken at each drill shall be checked against the daily or bedtime census. A written record of all fire drills, to include at least the date, the time of day and the amount of time taken to evacuate, shall be kept on file for one year.

(7)Combustible or highly flammable materials shall not be used by children, except under the personal supervision of an adult. Such materials, if required, shall be stored in a fire- restrictive receptacle or room in a separate building.

(8)All exit doors, halls and stairs shall be well-lighted and kept clean, free of obstruction.

(b)Non-secure detention group care facility.

(1)An automatic fire protection system shall be provided throughout buildings containing sleeping quarters. Such systems may utilize smoke-detecting or automatic sprinkler systems or may be an appropriate combination of these systems. A procedure for action to be taken when the system is activated must be provided and all residents and local fire districts shall be familiar with the procedures.

(2)Emergency instructions shall be posted in all areas, clearly showing alternate means of egress and means of securing fire, police and medical assistance.

(3)Children (and staff) shall be instructed, at time of intake (or employment) and at regular intervals, in emergency procedures.

(c)Secure and non-secure institutional detention facilities.

(1)An automatic fire detection system or an automatic sprinkler system, or appropriate combinations of these systems, shall be located throughout each building occupied by children. These systems shall include appropriately located manual fire alarm pull stations and smoke detector protection of required paths of exit. Fire protection equipment may be omitted from children's bedrooms where the possibility of tampering exists.

(2)All areas of high fire hazard in all buildings used by children shall be protected by an automatic sprinkler system.

(3)Fire extinguishers shall be provided and maintained. Soda-acid type extinguishers shall not be permitted in areas accessible to the children.

(4)All floors used by children shall have suitable remotely located alternate exits which shall be properly marked with exit signs.

(5)Interior finish trim and decorative materials shall be either noncombustible or shall have low flame-spread ratings and characteristics as specified by the New York State Building Construction Code.

(6)The night staff shall be provided with emergency lights, such as flashlights or battery- operated lanterns, in good working order.

(7)A written plan of evacuation of buildings with printed procedures to be followed in case of fire shall be posted in conspicuous places throughout the institution.

(8)Each employee shall be instructed in the use of fire fighting equipment and procedures, and shall be assigned specific responsibilities which shall include knowledge of the location and proper use of fire extinguishers in the part of the building for which he is responsible.

9 NYCRR 180-1.15 - Secure and non-secure institutional facilities-new construction and alteration

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Plans for construction of secure detention facilities.

On and after the date this rule becomes effective, no building to be used as a detention facility for children shall be constructed or remodeled, in whole or in part, except on plans and designs approved in writing by the division. Plans shall be submitted for approval in accordance with the procedure prescribed by the division. No child shall be detained in any new or remodeled building where plans and designs have not been approved by the division or have not been submitted to the division for its approval.

(b)Definitions.

As used in this section, the following definitions apply:

(1)Building means a structure.

(2)Construction means the erection of a new structure.

(3)Addition means extension or increase in area or height of an existing structure.

(4)Substantial modification means any alteration, change, rearrangement or reconstruction to an existing structure, except for ordinary repairs and maintenance.

(5)Equipment means fixtures or articles affixed to the structure.

(6)Occupancy means use or purpose of a building, structure or premises or any room located therein.

(c)Construction, addition, substantial modification and change in occupancy.

(1)There shall be no construction, addition, substantial modification or change in occupancy of buildings or parts of buildings used or to be used in the operation of a secure detention facility except on plans and designs approved in writing by the New York State Division for Youth. Plans shall be submitted for approval in accordance with the procedures prescribed by the division. To qualify for approval by the division, plans and specifications must be in substantial compliance with the appropriate provisions of the State Building Construction Code relating to institutions, the regulations of the division and all other applicable provisions of State and local laws, ordinances, rules and regulations.

(2)No changes or modifications shall be made in approved plans or specifications without the approval of the division.

(3)The approval of the division shall become void one year after given, unless a contract for the approved construction or reconstruction shall have been entered into prior thereto.

(d)Site design.

Site design considerations shall include at least the following: security, privacy, ease of group movement and supervision, outdoor play features, parking, service access, lighting, and convenient accessibility to public transportation. Planning shall tend to discourage unauthorized or objectionable communication with the outside community.

(e)Design for supervision.

The design of new detention facilities shall encompass good planning for the movement of supervised groups and individual children throughout. Glazing in doors and partitions, using shatter-resistant safety glass, shall be utilized to promote effective supervision, security and safety of the children. Steel bars, exposed toilet fixtures, and similar equipment exhibiting a jail-like character are to be avoided wherever possible.

9 NYCRR 180-1.16 - Jail placement

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Authorization.

Section 304.1(2) of the Family Court Act requires Division for Youth approval prior to the jail placement of alleged or adjudicated juvenile delinquents remanded to detention and requires the division to promulgate regulations which it will apply in determining whether approval for such jail placement will be granted. Section 510.15 of the Criminal Procedure Law prohibits jail placement of an alleged or convicted juvenile offender under the age of 16 without the approval of the division. Approval for a jail placement may be requested by calling the Division for Youth Detention Services Unit at (518) 473-4630. This line is available 24 hours a day.

(b)Definition.

Jail placement shall mean the detention of a youth in a prison, jail, lockup or other place used for the incarceration of adults convicted of a crime or under arrest and charged with a crime.

(c)Circumstances under which jail placement may be approved:

(1)The youth is alleged to have committed or has been found to have committed an act or acts which if committed by an adult would constitute a crime or crimes as defined in the following provisions of the Penal Law: section 125.25(1)-(2) (murder in the second degree) and subdivision (3) of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); section 120.10(1)-(2) (assault in the first degree); 125.20 (manslaughter in the first degree); section 130.35(1)-(2) (rape in the first degree); section 130.50(1)-(2) (sodomy in the first degree); 130.70 (aggravated sexual abuse); 140.30 (burglary in the first degree); section 140.25(1) (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); or section 160.10(2) (robbery in the second degree); or defined in the Penal Law as an attempt to commit murder in the second degree or kidnapping in the first degree.

(2)No secure juvenile detention facility, including a 48-hour holdover facility, has a bed available to provide secure detention care. A bed may be deemed unavailable in the following emergency conditions: when road conditions have been defined by The National Weather Service as hazardous; or when the time in transporting to and from that facility would make it impractical (considering the health and welfare of the youth) to assure a timely court appearance; or when a child needs secure care in a hospital and no children's ward is available.

(d)Circumstances under which jail placement will not be approved.

Jail placement will not be approved for a juvenile under the age of 14 years, with the exception of a 13 year-old alleged or convicted juvenile offender.

(e)Conditions of jail placement.

(1)Authorization shall be for a 12-hour period and may be renewed for additional 12-hour periods only so long as the emergency conditions as defined above continue to exist.

(2)Youth shall be housed in quarters separate from incarcerated adults.

(3)There shall be complete audio and visual separation of youth from incarcerated adults.

(4)There shall be continuous direct staff supervision of youth in jail placement. Audio and visual monitoring devices may not be substituted for direct staff supervision.

(5)Each youth shall be provided with a bed, mattress, blanket and pillow.

(6)Each facility shall assure that a youth is provided meals at established mealtimes. A meal must be provided to any youth detained more than five hours.

(7)Youth may be visited by parents, legal guardian or attorney at any time during the time of incarceration.

(8)Persons requesting jail placement of a youth shall be obligated to notify the youth's parent, or legal guardian of the youth's location.

(9)Youth shall be held only in jails or lockups which are monitored by the New York State Commission of Correction.

9 NYCRR 180-1.17 - Reimbursement

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A county legislature or its designee shall submit to the director of the division an annual plan for the detention care for youth. A detention plan shall be included in the program for comprehensive youth services planning where such a comprehensive plan exists, and shall be submitted by the county youth board, bureau, department or agency. Such plan shall be submitted on forms as required by the division and shall conform with appropriate State law, rules and regulations governing the temporary care of children and shall include provision or arrangement for adequate secure and nonsecure detention care.

(b)A county detention plan, upon approval by the division, shall be the basis for reimbursement of county expenditures for detention care.

(1)Care provided for alleged or adjudicated persons in need of supervision in a secure detention facility shall be reimbursed only as determined by State standards for the care of status offenders.

(2)Counties which do not have nonsecure detention care available shall be charged 100 percent of cost of care for youth in State-operated detention facilities.

(3)Counties which do not have adequate nonsecure detention care conveniently available, as determined by the division, will not be eligible for reimbursement for detention care.

(c)Quarterly claims for actual expenditures shall be submitted to the division, on forms as required by the division, at the end of each quarter ending in March, June, September and December. The division may, at its discretion, permit submission of such accountings for periods greater than three months, but not exceeding one year.

(d)Annual allocations for depreciation of county-owned buildings certified and used for detention programs may be reimbursed, in accordance with the rules and regulations of the division, as expenditures for care, maintenance and supervision.

(e)The Division for Youth shall reimburse a social services district for the full amount for approved expenditures, where such program is provided, at the request of the division, for a child under the jurisdiction of the division who is a nonresident of the district. The division will charge the county of residence 50 percent of the cost of care of such youth.

(f)Rates of expenditures for detention care by the county shall be approved (and established) by the Division for Youth annually.

(g)Changes in rates of expenditure for detention care shall be made by the county only after prior written approval of the division.

(h)Approved family boarding home expenditures by the county shall be subject to reimbursement through established per diem rates approved by the division. Approved expenditures for reserved accommodations by the county may be reimbursed by the division. These rates shall have prior approval of the division annually.

(i)Reimbursement for approved expenditures by the county for detention care in certified facilities (family boarding homes, as above may be) shall be accomplished according to contract with the division. Such contracts shall include operational and other costs, as well as specified operating conditions as agreed to by the county and the division.

(j)Expenditures made by the Division for Youth for the care, maintenance and supervision of children in a regional secure detention facility who are local charges, within the meaning ascribed to such term by the Social Services Law, shall be subject to reimbursement to the State by the social services district from which the youth was referred, at the rate of 50 percent of the per diem amount expended by the division to provide care, maintenance and supervision in the secure detention facility. The Division for Youth, subject to the approval of the Director of the Budget and certification to the chairmen of the Senate Finance and Assembly Ways and Means Committees, shall annually compute and determine the per diem rate, and shall assess the social services district on such forms and in such manner as it may deem appropriate. Billing shall be discontinued on the day following a runaway, when a child is not returned within 24 hours. If a runaway child from a Division for Youth facility is apprehended pursuant to a Division for Youth warrant, the aforesaid reimbursement to the division shall be made by the social services district which originally placed the child with the division.

(k)For purposes of this section, reimbursement for administrative-related expenditures shall not exceed:

(1)17 percent of the total approved expenditures for facilities of 25 beds or more; and

(2)21 percent of the total approved expenditures for facilities with less than 25 beds.

(l)For purposes of this section, administrative-related expenditures shall mean:

(1)costs associated with persons whose primary function is the policy direction, general management and support of the operation of the detention program in accordance with applicable rules and regulations of the division, State Education Department and all other applicable requirements of law. Such expenditures shall include, but shall not be limited to costs associated with persons primarily performing the following functions:

Commissioner	Assistant to Commissioner
Deputy Commissioner	Assistant Commissioner
Chief Executive	Assistant Executive
Executive Director	Assistant Director
Superintendent	Assistant Superintendent
Principal of On-Grounds School	Assistant Principal
Associate Director	Assistant to Director
Co-Administrator	Assistant to Co-Administrator
Director of Division
Assistant to Executive	Executive Assistant
Facility Director
Counsel and All Legal Staff	Planners
Ombudsmen	Researchers
Administrative Manager	Chauffeur
Administrative Associate	Administrative Analyst
Budget Director and Staff	Office Associate
College Aide	Federal Resource Specialist
Policy Information	Architect
Affirmative Action	Telephone Operator
Staff Analyst	Messenger
Internal Auditors	Secretaries - all
Investigators
Disciplinary Specialists
Community Service Managers, Workers
Director of Electronic Data Processing Staff
Department Heads (School)
Director of Personnel and Staff
Director of Purchasing and Staff
Financial Director, Controller
Accountant
Business Manager
Office Manager, Clerical Supervisor
Bookkeeper
Statistician, Statistical Analyst
Business Machine Operator
Clerk, Office Worker
Receptionist, Transcriber
Stenographer, Typist

(2)Include but not be limited to all costs associated with the following:

Fringe Benefits on
Administrative
Salaries	Data Processing
Telephone/Communications	Accounting
Postage	Audit
Office Services	Legal
Office Supplies	Insurance
All Conferences	Research
Travel of Administrative Personnel
Parent Organization Charges
Office Equipment
Consultants

9 NYCRR 180-1.18 - Revocation and suspension of operating certificates

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)General.

No operating certificate shall be revoked or suspended, nor shall an application for renewal of an operating certificate be denied, without a hearing held in accordance with procedures established in this Part; except that an operating certificate may, nevertheless, be temporarily suspended or limited without a hearing for a period not in excess of 30 days upon a finding by the division that the public health, or an individual's health, safety or welfare are in imminent danger.

(b)Notice of hearing.

A notice of hearing shall be served, in person or by registered mail addressed to the facility, at least 21 days prior to the date of hearing. The hearing shall be held within 30 days of mailing the notice of hearing. The notice shall specify the time and place of hearing, the proposed action, and the charges which are the basis for the proposed action. The charges shall specify the statutes, regulations of the division, or other applicable requirements of law with which the facility failed to comply, and a brief statement of the facts pertaining to such noncompliance.

(c)Answer.

An answer to the charges, in writing, may be filed with the division not less than eight days prior to the date of hearing.

(d)Hearing officer.

The hearing shall be conducted by a hearing officer, appointed by the division for such purpose, who has not been previously involved in the case. He shall have authority to administer oaths, issue subpoenas, require the attendance of witnesses and the production of records, rule upon requests for adjournment, rule upon offers of evidence, and to otherwise regulate the hearing, preserve requirements of due process and effectuate the purposes and provisions of applicable law, in accordance with the State Administrative Procedure Act.

(e)Hearing procedures.

(1)The hearing officer shall preside and shall make all procedural rulings.

(2)The rules of evidence as applied in courts of law shall not apply, except that all evidence shall be relevant and material.

(3)All testimony shall be given under oath.

(4)The hearing shall be recorded verbatim.

(5)The facility shall be entitled to be represented by an attorney-at-law or other representative of its choice at its own expense, to have witnesses give testimony and to otherwise present relevant and material evidence on its behalf, to cross-examine witnesses, and to examine any document or item offered into evidence.

(f)The decision.

(1)Upon conclusion of the hearing, the hearing officer shall make recommended findings of fact and conclusions of law, and shall make a recommended decision. He shall transmit such recommendations to the division, as expeditiously as possible, in a written report which shall be made part of the record, together with the notice of hearing, the answer, the verbatim transcript of the hearing, all documents marked into evidence at the hearing or otherwise designated as part of the record by the hearing officer.

(2)The decision of the division shall be based exclusively upon consideration of the record. The division shall not, however, be bound by the hearing officer's recommendations, but may adopt, reject or modify such recommendations, in whole or in part, as may be appropriate to its considered judgment of the record.

(3)The division shall expeditiously render a decision, in writing, which shall include findings of fact and conclusions of law, and a copy of such decision shall be mailed to the facility and to its attorney or other designated hearing representative.

(4)In the event the decision is adverse to the facility, the copy of the decision shall be sent together with a notice of the right to judicial review in accordance with the provisions of article 78 of the Civil Practice Law and Rules.

(g)Denial of an application for initial operating certificate.

Upon the denial of an application for an initial operating certificate, the applicant may request a hearing. The division is required to grant a hearing upon such request in accordance with the procedures in this Part. The hearing shall be held within 30 days of the division's receipt of the request, subject to the authority of the hearing officer to grant reasonable adjournments. In the event that the request is denied, the applicant shall be notified in writing, together with a notice of the right to judicial review in accordance with the provisions of article 78 of the Civil Practice Law and Rules.

(h)Termination of operating certificate; temporary extension; retroactive issuance.

(1)The division shall extend the duration of an operating certificate for a temporary period, as may be appropriate, when the period of validity of an operating certificate terminates during the course of a hearing, and pending the hearing decision.

(2)In the event that an operating certificate terminates without the issuance of a renewal certificate, as a result of administrative error or delay by the division, the renewal certificate, when issued, shall be made effective as of the date of termination of the prior certificate; and the facility shall be considered as having been operated under a valid operating certificate during the interval between termination of the prior certificate and issuance of the current certificates.

(3)The division may extend the duration of the period of validity of an operating certificate for a temporary period, under such terms and conditions as may be appropriate, whenever such extension may be required to adequately protect the health, safety or welfare of the residents of a facility.

9 NYCRR 180-1.19 - Enforcement

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Division for Youth officials, as assigned by the director of the division or his representative, shall be responsible for assuring conformity for all statutes, rules and regulations which apply to detention care.

(b)The Director of the Division for Youth or his representative shall be responsible for originating, or referring to other appropriate enforcement officials, sanctions for serious violation of statutes, rules or regulations relating to the detention care of children as described in this Part.

(c)The Division for Youth shall be responsible for bringing violations of law pertaining to detention of juveniles to the attention of each appropriate law guardian or counsel for the defendant, who may petition for habeas corpus for persons aggrieved thereby.

(d)These regulations shall become effective immediately, except where otherwise noted herein, upon being filed with and recorded by the Secretary of State.

9 NYCRR 180-1.20 - State aid for construction or improvement of locally operated secure detention facilities

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)General conditions.

(1)Notwithstanding any other provision of regulation, State aid, subject to the limits of appropriations made by the Legislature and the regulations set forth in this section, is available to counties and the City of New York in an amount not to exceed 50 percent of approved expenditures incurred for construction or improvement of locally operated secure detention facilities.

(2)Counties and the City of New York may request State aid in the form of lump sum reimbursement for the aggregate of approved capital costs of construction or improvement of county-owned or New York City-owned buildings certified by the Division for Youth pursuant to Executive Law, section 510-a and in use, or to be used, as secure detention facilities.

(3)State aid is limited to 50 percent of division-approved capital costs or, when applicable, the amount appropriated for the county or the city, whichever is less.

(4)Eligible projects and costs, as defined below, are qualified for reimbursement only if the expenses therefor were incurred on or after January 1, 1970.

(b)Eligibility.

In order to receive State aid under this section, a project must be eligible for reimbursement, the costs must be eligible, and the county or the city must meet the programmatic criteria set forth herein. The division shall have sole discretion to determine if eligibility and programmatic criteria have been met.

(1)Eligible projects shall include the following:

(i)new construction project, which shall mean the construction of an entirely new physical facility; and

(ii)alteration/rehabilitation/improvement project, which shall mean modification of an existing facility in order to allow it to be used for secure detention, or which will appreciably extend the useful life of the facility or which will upgrade a facility to provide for more efficient utilization.

(2)Ineligible projects shall include the following:

(i)repairs/maintenance projects which have as their purpose maintaining a secure detention facility in an ordinary efficient operating condition and which do not significantly add to the value of the facility or appreciably prolong its useful life.

(3)Eligible costs must be part of the costs of an eligible project and shall include costs associated with the following:

(i)planning and design, including preliminary surveys or studies, preparation of plans and specifications, and related architect or engineering fees;

(ii)site acquisition, including appraisals, abstracts, demolition and other costs necessary to acquire property;

(iii)construction, including all work necessary to prepare project for operation, also inspection and supervision;

(iv)equipment, including purchase and installation of original furnishings and built-in equipment necessary for the project operation; and

(v)interest on bonds, notes or other type of indebtedness necessarily undertaken to finance construction costs.

(4)Ineligible costs include the following:

(i)any costs financed by any Federal funds (except revenue sharing funds), other State aid or other noncounty funds;

(ii)administrative overhead costs associated with the capital project such as, but not limited to, centralized services costs, indirect cost rates, costs associated with bid lettings, etc.;

(iii)management fees related to marketing of bonds, notes or any other type of indebtedness;

(iv)any other cost which the division deems inappropriate.

(5)Programmatic criteria.

(i)The county or the city, when requesting reimbursement, shall provide or assure the availability of conveniently accessible and adequate nonsecure detention facilities, certified by the State Division for Youth, as resources for the Family Court, to be operated in compliance with the regulations of the Division for Youth for the temporary care and maintenance of alleged juvenile delinquents and persons in need of supervision held for or at the discretion of the Family Court.

(ii)Adequate nonsecure detention facilities for the purpose of this reimbursement shall mean that there shall be a sufficient range of nonsecure detention programs to meet the needs of all youth in need of nonsecure detention care, in the county or in the city. The county or the city shall, in consultation with the Division for Youth, establish facilities or programs sufficient to meet such needs.

(iii)The county or the city shall meet Federal detention requirements which relate to the removal of status offenders (PINS) from secure detention facilities.

(iv)The county or the city shall provide secure detention care, pursuant to law, to other counties through contract between the county or city and the division.

(6)Claiming/documentation. All claims shall be made by the county or city agency operating the secure detention facility or its authorized designee on forms provided by the division. Claims shall be made in accordance with procedures of the division and shall include all documentation necessary to allow the division or its designees to properly audit the claim. The division or its designees shall have the right to inspect, at reasonable times and after written notification, any and all records and documents relating to such claim and the right to inspect the facilities for which reimbursement is requested. No reimbursement will be made until a certificate of allocation has been approved by the Division of the Budget and copies thereof filed with the State Comptroller, the Chairman of the Senate Finance Committee and the Chairman of the Assembly Ways and Means Committee.

9 NYCRR 180-1.21 - Abuse, neglect and significant incidents

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

All juvenile detention facilities shall be subject to and must comply with the requirements as set forth in 18 NYCRR Part 433 and any other applicable regulations including, but not limited to, 14 NYCRR Parts 703-704.

9 NYCRR 180-3.1 - Legal authority

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

This Subpart is established pursuant to Executive Law section 503(9), which provides that OCFS, in consultation with the SCOC, shall jointly regulate, certify, inspect and supervise specialized secure detention facilities for adolescent offenders. SCOC has also promulgated regulations pursuant to Correction Law section 45(6). The purpose of this Subpart is to provide uniform standards and procedures for the establishment and operation of specialized secure detention facilities in the State of New York.

9 NYCRR 180-3.2 - Definitions

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

For purposes of this Subpart, the following definitions shall apply:

(a)Specialized secure detention facility for older youth or specialized secure detention facility or facility shall mean detention facilities that house youth who are alleged or convicted adolescent offenders.

(b)Youth shall mean an alleged or convicted adolescent offender as defined by section 1.20(44) of the Criminal Procedure Law.

(c)OCFS shall mean the New York State Office of Children and Family Services.

(d)SCOC shall mean the New York State Commission of Correction.

(e)Administrative agency shall mean the agency of county government responsible for the administration of the county detention program.

(f)Operating agency shall mean the authorized agency selected by the administrative agency to operate detention programs in a county or in New York City.

(g)Sheriff shall mean the sheriff of the county in which a specialized secure detention facility is located.

(h)Facility director or director of the facility shall mean the person responsible for the overall operation of the facility or the person designated by the facility director to act in his or her stead.

(i)Contraband shall mean:

(1)any article or substance, the possession of which would constitute an offense under the New York State Penal Law;

(2)any deadly weapon or dangerous instrument, as defined in article 10 of the Penal Law;

(3)any article or substance, the possession of which is specifically prohibited by written facility rules and regulations; and

(4)any article or substance which may present a substantial sanitation or health threat to the facility.

9 NYCRR 180-3.3 - Certification

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)No specialized secure detention facility subject to inspection and supervision by OCFS shall be operated unless it possesses a valid operating certificate issued by OCFS in conjunction with SCOC pursuant to section 503(9) of the Executive Law, section 218-a(A)(6) of the County Law and applicable regulations.

(b)

(1)An application for an operating certificate pursuant to these regulations shall be made upon forms prescribed by OCFS. An application for an operating license shall contain:

(i)the name of the facility and its location;

(ii)the name and address of the authorized agency, corporation, association, organization, proprietary operator or public agency, who or which operates such facility;

(iii)any plan to collocate a facility with a secure detention facility;

(iv)a physical description of the facility, including land, buildings and equipment;

(v)resident capacity;

(vi)a plan and description of staff positions, including duties and qualifications;

(vii)if the applicant is a corporation, the names, addresses and occupations of the members of the board of directors;

(viii)the ownership or control of the land and premises, if other than the operator;

(ix)the proposed operating and financial resources and sources of future revenue of the facility; and

(x)such other information as may be required by OCFS and SCOC.

(2)Approval of application. The application shall be approved and an operating certificate shall be issued by OCFS if it is established that the facility meets, and will be operated, in accordance with the requirements of this Subpart.

(c)Collocation of facilities.

(1)A specialized secure detention facility may be collocated in the same building as a currently operating juvenile secure detention facility provided that:

(i)adolescent offenders are assigned to separate housing units from juvenile delinquents and juvenile offenders;

(ii)commingling of adolescent offenders and juvenile delinquents/juvenile offenders is not allowed in shared common spaces, except facilities may be allowed to share space for purposes of education, infirmary, fire drills, transport to the facility, or, as approved by OCFS and SCOC, upon a showing that maintaining separate spaces creates an undue burden; and

(iii)upon approval by OCFS and SCOC of a safety and staffing plan to be submitted by a requesting specialized secure detention facility, female youth may be collocated within the same housing area.

(2)A specialized secure detention facility shall not be collocated on the same grounds as a currently operating adult correctional facility; what constitutes the same grounds shall be determined by OCFS and SCOC. There shall be sight and sound separation from any adult correctional facility.

(d)Certification shall be granted in writing, for not more than a two year period, and may be limited, suspended or revoked by OCFS/SCOC if there is noncompliance with any of the regulations in this Subpart, except that OCFS may waive any regulation where it is determined by OCFS that there is substantial compliance with such regulation and the well-being of the youth in care is not endangered as further set forth in section 180-3.19 of this Subpart.

(e)Renewals.

At least 60 days prior to the termination of the term of an operating certificate, the facility shall file an application for the renewed issuance of such operating certificate.

9 NYCRR 180-3.4 - Administration and operation

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Administration of specialized secure detention facilities.

(1)Each county shall designate the agency responsible for administering, in conjunction with the applicable county sheriff, or in the case of New York City, the New York City Department of Correction, specialized secure detention facilities on behalf of the county and shall so advise OCFS and SCOC of such designation. In New York City, for purposes of the removal of youth from Rikers Island pursuant to Correction Law section 500-p, the New York City Administration for Children’s Services shall be responsible for operating specialized juvenile detention facilities in conjunction with the New York City Department of Correction.

(2)Governmental agencies appointed under paragraph (a)(1) of this section may establish and operate a specialized secure detention facility, pursuant to applicable statutes and regulations, and only upon certification by OCFS in conjunction with SCOC.

(3)An agency responsible for administering detention may contract with a public or nonprofit child caring agency to operate a specialized secure detention facility, pursuant to applicable statutes and regulations, and only upon certification by OCFS in conjunction with SCOC.

(i)Nonpublic agencies shall assure that their corporate purposes authorize the operation of a detention facility. Organizations seeking to incorporate for the purpose of operating detention facilities must comply with section 460-a of the Social Services Law.

(ii)Written contracts or agreements shall be required between agencies administering specialized secure detention facilities and persons or agencies operating specialized secure detention facilities.

(4)Agencies responsible for administering a specialized secure detention facility shall assure the availability of conveniently accessible adequate detention care for each day of the year, including planning for emergencies and other unforeseen events.

(5)Where a county provides regional detention care, it shall be authorized to designate a maximum number of beds in a specialized secure detention facility that shall be available to a county.

(b)Pursuant to section 218-a of County Law, a county may authorize a contract between its county and one or more other counties providing for the joint operation and maintenance of a specialized secure detention facility.

(c)Role of sheriffs.

(1)The sheriff’s role in co-administering a specialized secure detention facility with the local detention administering agency shall minimally consist of conducting security reviews to inspect facility hardware, fences, physical structure and staffing ratios, and to provide written findings to the local administering agency, the operating agency, if different from the administering agency, SCOC and OCFS.

(2)Initial security reviews shall be conducted prior to the initial certification of the facility. Subsequent security reviews shall be conducted in intervals not to exceed one year after the initial certification.

(d)Non-discrimination.

(1)Staff and volunteers of a specialized secure detention facility shall not engage in or condone discrimination or harassment of youth on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, disability, or any other characteristic protected by Federal or State law.

(2)Staff and volunteers of a specialized secure detention facility shall promote and maintain a safe environment; take reasonable steps to prevent discrimination and harassment against youth by other youth; promptly investigate incidents and allegations of discrimination and harassment by staff, volunteers and youth; and take reasonable and appropriate corrective or disciplinary action when such incidents occur.

(3)For the purposes of this section, gender identity or expression shall mean having or being perceived as having a gender identity, self-image, appearance, behavior or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth. Gender identity refers to a person's internal sense of self as male, female, no gender, or another gender, and gender expression refers to the manner in which a person expresses their gender through clothing, appearance, behavior, speech, or other means of expression.

(e)Prevention and remediation of child and vulnerable youth abuse and referral.

(1)A specialized secure detention facility shall establish and implement, subject to and consistent with any applicable collective bargaining agreement(s), a written procedure to review, evaluate and verify the backgrounds of, and the information supplied by, all applicants for employment or voluntary work. This procedure shall also include provisions for receiving, at a minimum, the following information from each applicant:

(i)a statement or summary of the applicant's employment history, including, but not limited to, any relevant child-caring experience;

(ii)the names, addresses, and where available, telephone numbers of references who can verify the applicant's employment history, work record and qualifications;

(iii)a statement or summary of the applicant's or volunteer's educational experience showing elementary school(s), if the applicant or volunteer does not have a secondary school diploma or high school equivalency diploma; secondary school(s) or college(s) attended; highest grade level or degree attained; and any additional credits earned;

(iv)the names and addresses of educational institutions that can verify the applicant's or volunteer's educational information;

(v)a listing of special skills or completed training courses that might aid in the performance of duties of the position for which he or she is applying;

(vi)the names, addresses and telephone numbers of at least two personal references, other than relatives, who can attest to the applicant's character, reputation and personal qualifications; and

(2)This procedure shall include provisions for conducting pre-employment and criminal history background checks before hiring or otherwise using applicants, consultants or contractors who will have regular and substantial contact with residents of the specialized secure detention facility as required by sections 378-a, 424-a and 495 of the Social Services Law, and other applicable statutes and regulations. Staff for whom such checks and reviews are not complete shall not be permitted to supervise youth, unless accompanied by a staff who has completed such checks.

(3)A specialized secure detention facility shall develop a plan for adequate supervision of staff and volunteers, taking into consideration the population served and the type, size and physical layout of the facility, to assure appropriate care of youth and the prevention of child abuse and neglect. The plan shall be submitted to OCFS for review and approval. The plan shall include, but not be limited to:

(i)staffing patterns and the rationale for such patterns;

(ii)identification of all supervisors of staff and volunteers, including the designation of onsite supervisors;

(iii)a list of the qualifications and responsibilities of the supervisors;

(iv)procedures for periodic observations by supervisors of staff and volunteer interactions with youth in program;

(v)procedures for periodic supervisory conferences for staff and volunteers;

(vii)methods for distributing written supervisory procedures to employees and volunteers.

(4)A specialized secure detention facility shall develop written procedures, available onsite, for the protection of persons receiving services at the specialized secure detention facility when there is reason to believe a reportable incident has occurred that would render a person receiving services abused or neglected as defined in section 488 of the Social Services Law. Such procedures shall include, but not be limited to the following:

(i)Notifications. Immediate notification of suspected incidents of abuse or neglect and reportable incidents shall be made to:

(a)the Vulnerable Persons' Central Register;

(b)local law enforcement officials, if it appears likely that a crime has been committed against a child, or to confirm that such notification has already been made; and

(c)OCFS and the facility's administrative agency.

(ii)Investigation procedures. Immediately upon notification that a report of abuse or neglect has been made to the Vulnerable Persons Central Register and/or local law enforcement officials, the director of the facility or his or her designee shall:

(a)preserve any relevant audio and/or visual recording;

(b)preserve any other potential evidence;

(c)obtain proper medical evaluation and/or treatment for the persons receiving services, as needed, with documentation of any evidence of abuse or neglect; and

(d)provide necessary assistance to the Justice Center for the Protection of People with Special Needs (Justice Center), OCFS and if applicable, local law enforcement officials in their investigation thereof.

(iii)Safety procedures. Upon notification that a report of abuse or neglect has been made to the Vulnerable Persons' Central Register and/or local law enforcement officials with respect to a youth receiving services in the specialized secure detention facility, the facility director or his or her designee shall evaluate the situation and immediately take appropriate action to protect the health and safety of the youth involved in the report and of any other youth receiving services and similarly situated in the facility. Additional action shall be taken, whenever necessary, to prevent future incidents of abuse or neglect. Any action taken should cause as little disruption as possible to the daily routines of the youth at the specialized secure detention facility.

The following alternatives shall be considered in determining the course of action that will be taken with regard to a specific incident of alleged abuse or neglect:

(a)removal or transfer of the subject of the report, consistent with appropriate collective bargaining agreement(s) and applicable provisions of the Civil Service Law;

(b)initiation of disciplinary action against the subject of the report, consistent with appropriate collective bargaining agreement(s) and provisions of the Civil Service Law;

(c)increasing the degree of supervision of the subject of the report;

(d)provision of counseling to the subject of the report;

(e)provision of increased training to staff and volunteers pertinent to the prevention and remediation of abuse and maltreatment;

(f)removal or transfer of the youth consistent with applicable placement procedures if it is determined that there is a risk to such youth in remaining in that facility. OCFS shall be notified of any such removal or transfer;

(g)provision of counseling to the youth involved in the report and any other youth receiving services, as appropriate.

(iv)Corrective action plans. Upon receipt from the Justice Center or OCFS of a substantiated report of abuse or neglect or an unsubstantiated report of abuse or neglect where the Justice Center or OCFS has determined that there has been a violation of the statutory, regulatory or other requirements related to the care and treatment of youth, the director of the facility, with consideration of any appropriate recommendations received from the Justice Center or OCFS for preventative and remedial action, including legal action, shall:

(a)within 10 calendar days of receipt of a substantiated report of abuse or neglect, develop and implement a written plan of action to be taken with respect to an individual employee or volunteer to protect the continued health and safety of the youth receiving services and to provide for the prevention of future acts of abuse or neglect. The plan shall include, at a minimum, those actions taken pursuant to subparagraph (iii) of this paragraph and describe the actions taken to address the investigation's findings. The plan shall be submitted to and approved by OCFS; and

(b)in the event an investigation of such a report indicates that such abuse or neglect may be attributed in whole or in part to noncompliance by the specialized secure detention facility with provisions of article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-G of the Executive Law, or the regulations of OCFS, develop and implement a plan of prevention and remediation which, at a minimum, shall address each area of noncompliance and indicate how the facility will come into compliance with article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-G of the Executive Law, and the applicable regulations. Such plan will also describe the actions taken to address OCFS’ findings. Such plan shall be submitted to and approved by OCFS and, upon approval, implemented.

(f)Abuse, neglect and significant incidents.

A specialized secure detention facility shall be subject to and must comply with the requirements of the Justice Center as set forth in 18 NYCRR Part 433 and any other applicable regulations including, but not limited to, 14 NYCRR Parts 701-704.

(g)Prison Rape Elimination Act of 2003.

A specialized secure detention facility must comply with the Prison Rape Elimination Act of 2003 juvenile standards.

9 NYCRR 180-3.5 - Construction and substantial remodeling - definition and approvals

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Plans for construction of a specialized secure detention facility.

On and after the date this regulation becomes effective, no building to be used as a specialized secure detention facility shall be constructed or substantially remodeled, in whole or in part, except on plans and designs approved, in writing, by OCFS and SCOC. Plans and designs shall be submitted for approval in accordance with the procedures prescribed by OCFS and SCOC. OCFS and SCOC approval must be obtained before a construction or substantial remodeling project is advertised for bids. If it is not contemplated that a bidding procedure will be followed, approval by OCFS and SCOC must be obtained before any construction or substantial remodeling is undertaken. No youth shall be detained in any new or substantially remodeled building where plans and designs have not been approved by OCFS and SCOC.

(b)Definitions.

As used in this section, the following definitions apply:

(1)building shall mean a structure;

(2)construction shall mean the erection of a new structure;

(3)addition shall mean an extension or increase in the area or height of an existing structure;

(4)substantial remodeling shall mean any alteration, change, rearrangement or reconstruction to an existing structure, except for ordinary repairs and maintenance;

(5)equipment shall mean fixtures or articles affixed to the structure;

(6)occupancy shall mean use or purpose of a building, structure or premises or any room located therein.

(c)Construction, addition, substantial remodeling and change in occupancy.

(1)There shall be no construction, addition, substantial remodeling or change in occupancy of buildings or parts of buildings used or to be used in the operation of a specialized secure detention facility except on plans and designs approved in writing by OCFS and SCOC. Plans shall be submitted for approval in accordance with the procedures prescribed by OCFS and SCOC. To qualify for approval by OCFS, plans and designs must be in substantial compliance with the appropriate provisions of applicable State building and construction codes relating to institutions, the regulations of OCFS and all other applicable provisions of State and local laws, ordinances, rules and regulations. All construction and substantial remodeling must be in compliance with the minimum standards set forth in the Americans with Disabilities Act (ADA). Construction and substantial remodeling must comply with all applicable laws, codes, rules and regulations related to fire safety and prevention.

(2)No changes or modifications shall be made in approved plans or designs without the approval of OCFS and SCOC.

(3)The approval of OCFS shall become void one year after given, unless a contract for the approved construction or substantial remodeling shall have been entered into prior thereto.

(d)Site design.

Site design considerations shall comply with the regulations in this Subpart and include at least the following: security, privacy, ease of group movement, supervision and services to youth, indoor and outdoor recreation features, program and education space, natural light, ventilation, parking, service access, lighting, and convenient accessibility to public transportation where practicable.

(e)Design for supervision and services to youth.

The design of a new specialized secure detention facility shall comply with the regulations in this Subpart and include planning for the movement of supervised groups and individual youth throughout the facility. To promote the security, safety and effective supervision of youth, the design shall include the use of glazing in doors and partitions, security grade doors with sufficient gauge and comparable security hardware, shatter-resistant safety glass, perimeter fencing that is at a minimum eight feet high with two-feet razor wire, and reinforced walls of sufficient security detention grade material that is available.

9 NYCRR 180-3.6 - Physical plant requirements

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Physical plant requirements.

A specialized secure detention facility shall be designed in such a manner as to promote a pleasant, comfortable and secure atmosphere for youth.

(b)The facility shall be designed to minimize the risk of suicide and self-harm, and with the following minimum design and security requirements for required spaces:

(1)Office and reception facilities. A specialized secure detention facility shall provide:

(i)onsite office space adequate to permit the efficient, businesslike operation of the program and related services, and for private interviews, consultations and conferences. Space and equipment shall be provided for the safekeeping and privacy of essential records and the temporary storage of the youth's personal belongings;

(ii)reception space for the orderly intake, orientation and release of youth and for visitors to youth; and

(iii)a public lobby or waiting area should be separate and secure from the operation of the facility.

(2)Dining rooms. Dining rooms shall be adequate to serve the youth under care. A minimum of 15 square feet of floor space per person, to accommodate the planned seating capacity, shall be provided.

(3)Kitchen, food storage, storerooms, pantries. Compliance with health and safety regulations. A specialized secure detention facility shall comply with all requirements relating to kitchen operations and food handling and storage, fire protection, safety, sanitation and health, as set forth by the State, and county or local health and fire departments.

(4)Laundry. When a laundry is maintained within the premises of a specialized secure detention facility, adequate and secure space for soiled clothing storage, clean laundry storage and laundry supply storage shall be provided. Laundry equipment should be rated, sized, and of sufficient quantities to meet the facility’s needs.

(5)Sanitation.

(i)Compliance with State and local requirements. A specialized secure detention facility shall be inspected annually by local sanitation and health officials to ensure compliance with all applicable laws and regulations. The results of each inspection shall be recorded in writing, together with a summary of any action taken to address any deficiencies, and maintained on file at the facility. There shall be documentation that deficiencies have been corrected. Such inspections conducted pursuant to this subdivision shall be designed to require compliance with the requirements of this Subpart and with the applicable provisions of the State's Sanitary Code, set forth in Chapter 1 of Title 10 NYCRR.

(ii)Water supply and sewage facilities. Adequate and safe water supply and sewage facilities shall be provided and shall comply with all applicable State and local laws.

(iii)Cleaning materials and implements shall be inventoried. Cleaning materials shall be properly labeled. Cleaning materials and implements shall be maintained in a locked secure cabinet to prevent unauthorized access by youth.

(6)Heating, cooling, plumbing, electrical, mechanical ventilation systems and equipment.

(i)Heating, cooling, plumbing, electrical, mechanical ventilation systems and equipment shall be maintained in a good, safe, sanitary, and serviceable condition and in compliance with all applicable requirements related thereto.

(ii)Heating, cooling and ventilation systems should be designed and maintained to control odors and provide temperatures within a comfortable zone.

(7)Emergency/back-up power.

Emergency or back-up power equipment shall be provided for purposes of maintaining essential operations, security and safety in the event of loss of the normal power supply. Emergency power shall have automatic switch-over capability and supply sufficient electricity for heating and ventilation systems, as well as including, but not limited to providing power for entrance lights, exit signs, lighting, fire alarm, refrigeration, and any electrically-operated locks or electronic monitoring systems.

(8)Sleeping accommodations.

(i)There shall be only single rooms. Single sleeping rooms for youth shall contain not less than 70 square feet of floor area and shall have a minimum horizontal dimension of 7 feet. Walls shall be at least seven feet in height. All walls shall be reinforced with such materials as approved by OCFS to discourage breakage. A specialized secure detention facility that does not have reinforced walls in youth rooms shall submit a plan to OCFS for approval for constructing reinforced walls. For any new construction or substantial remodeling of existing facilities, all youth room walls shall be constructed of durable materials and reinforced, as approved by OCFS.

(ii)Youth’s sleeping accommodations shall not be permitted in spaces where the floor is located below ground level or where natural light and ventilation is lacking.

(iii)A specialized secure detention facility shall provide youth with a bed properly equipped, and with sufficient and conveniently located clothing storage space for their own private use. Mattresses shall be constructed of fire-retardant material. When issued, mattress covers should be constructed of materials both water-resistant and easily sanitized. Mattresses must be of firm quality and replaced when necessary to maintain adequate support and comfort.

(iv)Bedding shall be changed once a week and more often when necessary. Youth' beds shall be equipped with waterproof materials when necessary. Blankets shall be provided and washed as needed.

(9)Bathing and toilet facilities.

(i)Number of toilets, showers and sinks for multiple use. Toilets, showers, and sinks shall be convenient to youth's sleeping quarters when rooms are not individually equipped with toilets, showers or sinks. There shall be a minimum of one toilet and one sink to serve every six youth, and one tub or shower to serve every eight youth.

(ii)Number of toilets, showers and sinks for single use. Bedrooms equipped with toilets, showers, or sinks shall have appropriately located floor drains and shall have shutoff valves, exterior to the bedrooms and conveniently accessible, for supply and drainage pipelines.

(iii)Toilets, sinks, and sanitary drinking fountains shall be provided convenient to all indoor and outdoor program areas so that toilets and drinking water are accessible to youth.

(iv)All toilets shall be functioning and separated by screening or partitions on all sides for privacy. There shall be no communal showers. Privacy screening or partitions for all shower sides must be provided where youth may shower at the same time. All sinks and showers shall provide hot and cold or tempered water.

(v)For any construction or substantial remodeling of existing facilities, toilets and sinks shall be designed and constructed of materials of such durability and strength to minimize breakage or removal. There shall be no communal showers authorized in any construction or substantial remodeling of existing facilities. All plumbing fixtures shall be designed to discourage fixation of ligatures.

(vi)Youth's hygiene articles. Youth shall be provided with their own toothbrush, toothpaste, soap, comb, towel and washcloth. Each youth's towel and washcloth shall be kept in a separate space and shall be changed at least twice a week and more often when necessary.

(vii)Menstrual products of adequate nature and sufficient quantity shall be made available to female youth as needed.

(viii)Staff facilities. Bathrooms, toilets and coat closets for staff shall be separate from those of the youth and shall be appropriately secured and located.

(10)Recreation and lounge facilities.

(i)Indoor recreation and lounge facilities. A specialized secure detention facility shall provide resources for a balanced program of indoor recreation for all genders; and for lounge facilities and sufficient seating to accommodate its full capacity of youth at any given time. Such resources shall permit a range of activities from organized group and individual games through quiet, informal recreation and shall include appropriate equipment, furnishings, storage, toilets and similar service features. Lounge areas shall have a minimum of 25 square feet per youth.

(ii)Outdoor recreation. A specialized secure detention facility shall provide resources for a balanced program of outdoor recreation for all genders to adequately accommodate its full capacity of youth at any given time. Outdoor recreation areas shall provide a minimum of one acre of securely fenced, as further defined in this regulation, properly drained, recreation space for 20-bed and smaller detention facilities and proportionally larger areas for higher capacity facilities to meet the requirements of this section. Outdoor recreation shall have areas shaded from heat. The outdoor space may be sectioned off for use by multiple groups simultaneously. Such facilities shall permit a range of activities from vigorous organized games through informal recreation and shall include supportive equipment, appropriate ground cover for type of recreational activity, shaded areas, storage, lighting, access to toilets, water and similar service features.

(11)School facilities.

(i)Academic and vocational classrooms shall be provided to permit formal instruction for the full capacity of youth. Classrooms shall provide a minimum of 40 square feet per pupil in new construction.

(ii)The maximum group size for school classes shall be 12 students.

(12)Health facilities.

(ii)Youth with minor illnesses or medical conditions. Youth with minor illnesses or medical conditions that require separation but do not require hospital care shall be cared for in a room that is in an area that has been designated for such purpose. Such an area shall be located within or as close to the health office as is practicable to allow for adequate medical monitoring of the youth.

(iii)First aid supplies, as recommended by the staff physician, shall be appropriately secured and monitored and shall be readily available for use.

(iv)All drugs, medicines and instruments shall be kept in a suitable locked cabinet, inventoried and accessible only to the medical staff.

(v)A specialized secure detention facility shall have containers for the safe and secure disposal of biohazardous waste and materials as required by applicable Federal and State laws.

(13)Storage rooms and closets.

Housekeeping service closets shall be provided within, or convenient to, each youth's living unit, program areas and food service spaces.

(14)Screening and fencing.

(i)A specialized secure detention facility shall maintain perimeter fencing with adequate lighting of the entire grounds to provide security against youth egress. For any new construction or substantial remodeling of existing facilities, perimeter fencing of the entire grounds shall be constructed and maintained that is a minimum of eight feet in height with two feet of razor wire or its equivalent. The footing of any newly constructed fence shall be sufficiently secure to preclude tunneling or caching of contraband. All fencing shall effectively, securely and humanely detain the youth within the program and living areas and shall provide privacy as needed.

(ii)A specialized secure detention facility shall have a secure vehicular sally port of sufficient size to permit secure entry and egress of large vehicles, such as trucks and ambulances, for the secure transfer of youth to and from transport vehicles to the holding area entrance. Such sally port shall be constructed to permit entry and egress while maintaining the perimeter. All construction or substantial remodeling of existing facilities shall have sally ports with double fencing.

(iii)Appropriate window screening to protect against insects and appropriate window glazing or films for privacy and heat and glare reduction shall be provided throughout the building as needed. Such window screening and window glazing shall effectively, securely and humanely detain the youth within the program and living areas and shall provide privacy, as needed.

(15)Communications and monitoring.

(i)Telephones. Each separate living unit shall have 24-hour telephone service, or an intercom system connected to an outside telephone service.

(ii)There shall be an electrical signal system between the youth care workers' station and rooms in youth sleeping areas that permits a youth to alert staff of their need for assistance from within a locked room.

(iv)Video monitoring systems shall be required to aid in providing effective monitoring and promoting safety and security of all staff and youth. Cameras shall be positioned to monitor hallways, corridors, stairwells, recreation areas, outside perimeter areas, entrances and exits to the facility, all common areas, and any other area as required by OCFS. Cameras, for reasons of privacy, shall not be located in any shower/toilet areas, bedroom, or clothing changing area. Monitors shall be placed to prevent viewing by unauthorized persons.

9 NYCRR 180-3.7 - Records

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Youth records.

(1)A specialized secure detention facility shall maintain a current case record for each youth, which shall include intake information, observation and treatment reports, incidents, and transfer or discharge summary. Medical and mental health records shall be kept separately from the rest of the youth’s record.

(2)Other records relating to youth.

(i)A specialized secure detention facility shall keep records of individual youth required by section 372 of the Social Services Law.

(ii)Records shall be kept in a manner required by OCFS.

(iii)Records shall be maintained in real time so that an accurate roll call of the youth present or under care at any time may be readily made.

(iv)Records shall be retained by the administrative agency for 10 years.

(3)Records and information pertaining to youth which are of a type (for example, medical records/information, education records) which are governed by specific State or Federal law shall be treated with regard to maintenance, confidentiality, retention and disclosure in accordance with such laws.

(4)Visitors. Each facility shall keep a log that includes the name, address, date of visit, and relationship of every person visiting each youth. Visitor logs shall be retained for six years.

9 NYCRR 180-3.8 - Reports

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Each facility shall have a policy and procedure for reporting required incidents through the Juvenile Detention Automated System (JDAS) or through any other system or manner as required by OCFS and SCOC.

(b)Definitions.

(1)Critical incident shall mean any occurrence or event within the grounds of the facility, or involving staff, volunteers, youth or visitors or that has an impact on the safety, well-being, functioning or security of the facility or staff, volunteers, youth or visitors.

(2)Non-critical incident shall mean any occurrence or event within the grounds of the facility, or involving staff, volunteers, youth or visitors or that has an impact on the safety, well-being, functioning or security of the facility or staff, volunteers, youth or visitors that is not required to be reported to SCOC.

(3)Incident type shall mean the category of the event as defined by OCFS or SCOC. Each type may have specific sub-types.

(c)Reporting requirements.

Each facility shall report critical and non-critical incidents as defined by OCFS and SCOC using JDAS or other systems as required by OCFS and SCOC. If an incident was also required to be reported to the Vulnerable Persons' Central Register (VPCR) or the Statewide Central Register of Child Abuse and Maltreatment (SCR), then any report required by this section shall indicate when the report was made to the VPCR or SCR and include the number for reference.

(d)Critical incidents must be reported as soon as is practicable, but no later than 24 hours after the event. Critical incidents shall include, but are not limited to, the following incident types:

(1)assaults;

(2)sexual abuse/assault;

(3)employee misconduct;

(4)communicable disease;

(5)contraband;

(6)death;

(7)escape;

(8)fire;

(9)group action;

(10)hostage situations;

(11)disturbances;

(12)disruptions;

(13)natural/civil emergency;

(14)self-harm with physical injury.

(e)Non-critical incidents must be reported within seven days of the incident’s occurrence.

9 NYCRR 180-3.9 - Intake and admission requirements

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Admission to the specialized secure detention facility.

(1)A specialized secure detention facility shall make intake and admission of youth into the facility available 24 hours a day, 7 days a week. Staff shall process youth into the specialized secure detention facility in a timely manner consistent with this Subpart.

(2)The youth must be asked throughout the intake and admission process if he/she understands the English language, and whether he/she has any questions or concerns. If it is determined that the youth is limited English proficient (LEP) or is deaf or hard of hearing, interpretation and translation services must be arranged and provided in as soon as possible.

(3)The intake process shall include an immediate admission screening interview to screen for any medical, dental or mental health problems that may require immediate attention. The admission screening interview shall be conducted by staff trained by medical/mental health professionals and shall be conducted as soon as practicable, but no later than one hour, from the youth’s arrival at the facility and the youth shall be under constant, direct supervision until such screening interview. Should immediate mental or physical health concerns be apparent, professional staff must be notified.

(4)An assessment instrument will be completed which will document:

(i)visible injury or injuries;

(ii)medical conditions requiring treatment;

(iii)developmental or physical disabilities;

(iv)history of mental health treatment;

(v)history of sexual assault within the last 24 hours;

(vi)potential for self-injury or suicide;

(vii)history of detention or confinement, including, but not limited to, hostile relationships with other residents;

(viii)medication currently being taken;

(ix)any allergies;

(x)present attitude, appearance, and behavior;

(xi)history of alcohol or substance abuse;

(xii)criminal charge(s) and conviction(s);

(xiii)tattoos, body piercing, and other identifiers of gang affiliation; and

(xiv)any other relevant information concerning the safety or welfare of the youth.

(5)If the youth is under the age of 18, the youth’s parent, guardian or legal custodian shall be notified during the intake process of the youth’s admission and such youth shall be allowed to speak to his/her parent or guardian. If the youth is more than 18 years of age, the youth shall be offered to have his/her parent or guardian contacted and the opportunity to speak to his/her parent or guardian. If the parent/guardian is limited English proficient (LEP) or is deaf or hard of hearing, interpretation and translation services must be arranged and provided in a timely manner.

9 NYCRR 180-3.10 - Classification

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)After completion of the initial screening and assessment by a specialized secure detention facility, and pending determination of each youth’s living assignment, the youth shall be placed in an area designated for orientation. Placement in such area shall be temporary pending the determination of an appropriate living assignment, which shall be completed within five days of each youth’s admission to the facility.

(b)A youth may be assigned a room on a temporary basis within a different area when there is no room in the temporary area or when creating such a room in the area designated for orientation would be cause for significant disruption. Such circumstances include, but are not limited to:

(1)youth who are admitted after residents are in bedrooms for the night;

(2)lack of available free rooms in the area designated for orientation; or

(3)when placing the youth in the area designated for orientation could be dangerous to the youth due to the other youth already placed in the orientation area.

(c)A transgender or intersex youth may be assigned to any facility housing unit which, upon the determination of the facility director, provides for the youth’s health and safety and is consistent with facility management and security. Otherwise, no female youth shall be assigned to, or housed in, a facility housing unit with a male youth.

(d)In the City of New York, no adolescent offender may be assigned to, or housed in, a facility housing unit with any youth, committed or sentenced by an adult criminal court, who has been removed from a Rikers Island correctional facility pursuant to the requirements of Correction Law section 500-p or with any other 16- or 17-year-old who otherwise would have been detained in a Rikers Island correctional facility but for the implementation of such statutory provision; provided, however, that the co-mingling of such 16- or 17-year-old youth with adolescent offenders shall not be allowed in shared common spaces, except for purposes of education, infirmary, fire drills, transport to the facility, and other purposes, upon a showing that maintaining separate spaces creates an undue burden in accordance with an approved waiver request submitted pursuant to section 180-3.19 of this Subpart, which may be submitted as part of the facility certification process.

(e)Otherwise, in arriving at a determination of each youth’s room or housing area assignment, the facility director shall base such determination on the following information, if such information is available and accessible:

(1)gender/gender identity or expression;

(2)sexual orientation;

(3)criminal or delinquent history;

(4)propensity for violence and/or victimization;

(5)medical/mental health history including any developmental disability;

(6)history of problematic sexual behavior;

(7)history of aggression with other residents;

(8)prior attempts at self-injury or suicide;

(9)history of being absent without consent from prior placements or escape;

(10)behavior during present and prior commitments, including any history of assaultive behavior; and

(11)any other information that may affect the safety and security of the youth or staff.

(f)Each facility shall use a formal and objective system for assessment to fulfill the requirements of this section.

(g)In considering the information contained in subdivision (e) of this section, the facility director shall examine and verify the following, where available and appropriate:

(1)records made available from the court or the delivering jurisdiction;

(2)information obtained during a youth’s initial screening and assessment by the facility;

(3)records, to the extent relevant, known, accessible and available, to the facility director that are prepared at or maintained by any detention facility in the State;

(4)information obtained from mental health treatment providers in accordance with the Mental Hygiene Law;

(5)information disclosed by the facility medical director and/or mental health supervisory staff that they believe is or may be relevant in determining the resident’s risk, security and supervision, and special needs requirements, or that may affect the life, safety, or welfare of the resident or any other person; and

(6)any other relevant information concerning a resident's condition brought to the attention of the facility director or any other staff by any person.

(h)Prior to moving a youth to his or her assigned room/area, staff shall notify the youth of the determination and explain its implications, if any.

9 NYCRR 180-3.11 - Staffing and supervision of youth

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Required Staffing.

A specialized secure detention facility shall provide sufficient staffing necessary for the adequate and continuous supervision, safety, health, proper care, and treatment of youth under the care of the facility consistent with the requirements set forth in this section.

(b)Direct care and security staffing.

(1)The direct care staff ratio for youth placed in general population shall be at least 1 staff for 6 youth (1:6 ratio), but in all circumstances, there must be at least 2 staff in each area with youth except when a staff is escorting an individual youth within the building.

(2)For areas serving youth with high level needs including, but not limited to, aggressive/assaultive behaviors, serious emotional disturbance/mental illness, developmental disabilities, or self-harming behaviors, the direct care staff ratios shall be increased above the 1:6 ratio to such that the supervision and support needs of the youth are met adequately.

(3)Unit supervisors. Each unit where youth are housed must have a unit supervisor who is responsible for the supervision of direct care staff. The unit supervisors shall be in sufficient numbers to safely and adequately supervise the direct care staff and provide relief coverage when needed on the units.

(4)The facility director, designated administrator or the facility physician shall determine whether a youth requires additional supervision based on the youth’s condition, illness or injury. Additional supervision may include one-on-one supervision or other forms as designated and defined by the facility. Such determination that additional supervision is warranted shall be documented in writing and include, but not be limited to, the following information:

(i)the reasons underlying such determination;

(ii)the recommended period of additional supervision, including the recommended dates and times when the supervision is to be initiated and concluded; and

(iii)the name(s) of the individual(s) making such determination and/or recommending the supervision.

(c)Rapid response teams.

(1)A specialized secure detention facility shall have a separate unit of staff who have special training and qualifications to respond to emergency situations that require additional de-escalation and crisis intervention skills. These teams may also be used to provide support and additional resident supervision throughout the duration of program operations, including in any housing area.

(2)A specialized secure detention facility shall provide OCFS and SCOC with a plan for its rapid response team that includes the staff qualifications, special training and the number of staff on the team for waking and sleeping hours.

(d)Programmatic staff requirements and qualifications.

Where a specialized secure detention facility program is co-located with a secure detention facility, staff other than direct care staff, may be shared across facility types, unless otherwise indicated. All programmatic staff shall meet the education, experience and qualifications required by this section. Professional staff shall also meet all New York State licensing requirements for the profession and maintain such licensure during employment.

(1)Case management staff:

(i)Each facility shall have one licensed master social worker (LMSW) as the director of case management responsible for providing effective case management services to youth.

(ii)There shall be 1 case manager for every 16 youth in the facility. These staff shall not be shared across facilities. Case managers shall have a bachelor’s degree and at least two years of experience working with youth within a counseling or treatment based setting, or equivalent qualifications as approved through OCFS waiver.

(2)Health and behavioral health services staff.

(i)Physician/medical director. All facilities shall have a physician or medical director available who has overall responsibility for the medical care of youth in the facility. A physician or medical director shall be licensed and currently registered to practice medicine in New York State. A physician or medical director shall be board certified in pediatrics, adolescent medicine, family medicine, or internal medicine. The physician shall be onsite a minimum of two times per week for sufficient time to sign orders, review consults, and provide oversight. The medical director shall be available, or provide for, on-call consultation and shall meet quarterly with the facility director.

(ii)Psychiatrist. Each facility shall have a board-certified, licensed psychiatrist, preferably board-certified in child and adolescent psychiatry, or whose board certification is pending, available for consultation, including tele-psychiatry. The psychiatrist shall be licensed to practice medicine in accordance with New York State Law. The psychiatrist shall be on site at a minimum one time per week but with sufficient hours weekly to provide assessments and prescribe medication as needed and monitor all youth on psychotropic medication. The psychiatrist shall be available for on-call consultation and triage at all times.

(iii)Registered nurse. A registered nurse (RN) is required to be assigned 24 hours a day and 7 days a week for any building that has more than 39 beds. All facilities that do not require 24 hours a day and 7 days a week nursing staff shall maintain adequate day and evening nursing coverage and on-call availability during overnight times. A nurse must be an RN and licensed in accordance with the New York State Law and must maintain such licensure during employment.

(iv)Dietary consultant. A specialized secure detention facility shall have a State-certified dietary consultant such as a nutritionist or dietician to oversee and monitor the facility food service program and menus. The dietary consultant must review menus and food service every six months, and be available for consultation for specialized diets to include, but not be limited to, kosher or halal residents, youth who are pregnant or nursing, and youth with food allergies or other documented or known medical conditions requiring specialized diets. The dietary consultant must have a bachelor’s degree with a major in nutrition and dietetics and be a certified dietitian nutritionist.

(v)Dentist. Dental services must be readily available for youth placed in a specialized secure detention facility. Youth must be seen by a dentist within 60 days of intake and provided preventive and regular dental care. Services must be made available immediately for youth with an urgent dental need. All dentists must be currently licensed to practice dentistry in New York State.

(vi)Emergency orthodontic care services must be made available and maintenance orthodontic care services must be made available for youth who are detained for more than six consecutive months.

(3)Recreation and vocational staff.

(i)Each facility shall have a director of recreation and vocational services. The director must have a bachelor’s degree, preferably in recreation services or vocational education. The director of recreation and vocational services is responsible for the development and oversight of the facility recreation and leisure activities and vocational programs.

(ii)Facilities shall have sufficient staff who are not direct care staff to provide the recreation and vocational programs during program hours, weekends and evenings. Recreation and vocational staff shall have a high school diploma or a high school equivalency diploma and relevant experience.

(4)Direct care and unit supervisors.

(i)Direct care staff shall have a bachelor’s degree or have earned a high school diploma or a high school equivalency diploma and have a minimum of two years of experience working within the youth services field.

(ii)Unit supervisors shall have a bachelor’s degree or shall have earned a high school diploma or a high school equivalency diploma and have a minimum of three years of experience working with youth placed in a detention or residential setting.

(e)Staff training.

A specialized secure detention facility shall develop and implement a written training plan, policies, procedures and actual practices to provide that all staff receive training. These policies shall include, but not be limited to the following:

(1)the hours and content required for pre-service classroom training and on-the-job training for new direct care staff, supervisors, clinical staff, program staff, administrators and support staff;

(2)the hours and content required for annual refreshers by job type;

(3)at a minimum, the training plan shall include the following topic areas:

(i)behavior management and restraint techniques;

(ii)mandated reporting;

(iii)universal precautions and bloodborne pathogens;

(iv)adolescent development;

(v)safety and security procedures;

(vi)emergency response, including, but not limited to CPR/AED;

(vii)suicide risk and prevention;

(viii)facility rules;

(ix)Prison Rape Elimination Act (PREA) guidelines;

(x)rights of adolescent offenders; and

(xi)other trainings as may be required by OCFS/SCOC.

(4)A specialized secure detention facility shall develop a training plan for volunteers and contractors, as necessary, to provide them with information and skills to carry out their responsibilities.

(5)A specialized secure detention facility shall keep a record of all trainings attended and completed by employees, volunteers and contractors.

9 NYCRR 180-3.12 - Behavioral support system

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall have a policy and procedures approved by OCFS for managing youth behavior. Such policy and procedures shall:

(1)be strengths-based and grounded in principles of youth intellectual development;

(2)support positive youth development and social learning;

(3)take into account individual developmental needs and trauma;

(4)set clear expectations for youth behavior; and

(5)set clear expectations for fair and proportionate responses by staff and administrators.

(b)All youth in the facility will be provided with written information regarding the facility’s behavioral support and intervention system. The information shall be written in youth-friendly language at a reading level not higher than sixth grade. The information shall be provided to youth during the orientation process.

9 NYCRR 180-3.13 - Education

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall provide facility youth all educational programs and services required by section 112 of the Education Law, Part 116 of Title 8 NYCRR, and all other applicable laws, statutes, and regulations. Youth must be provided with five and a half hours of instruction and educational programing during weekdays throughout the year.

(b)Programming shall be provided to youth who are beyond the compulsory attendance age or who have earned a high school diploma or a high school equivalency diploma. The program shall be a minimum of five and a half hours during weekdays throughout the year and shall include literacy, math, life skills and workforce development. The program shall be designed to provide an impactful and meaningful educational and vocational learning platform that meets youth’s individual needs.

9 NYCRR 180-3.14 - Behavioral intervention policies

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall have behavioral intervention policies approved by OCFS that include techniques for de-escalation of youth behavior, as well as OCFS approved techniques for physical and mechanical restraint. Such policies shall include the following requirements:

(1)Within 10 days after admission each youth shall have an individualized plan that documents recommended de-escalation techniques and notes any restrictions on the use of physical restraints. This plan shall be available to staff and staff shall be expected to familiarize themselves with the plan and follow the plan. The plan shall be reviewed regularly and modified as needed.

(2)Staff who are expected to use physical restraints must be successfully trained in the behavioral intervention program prior to being permitted to engage in physical restraint. Such staff may be retrained periodically as necessary, but shall be trained at a minimum annually.

(3)Physical restraints shall not be used as punishment, retaliation, discipline, administrative convenience or harassment/embarrassment of youth.

(4)The following shall not be permitted:

(i)use of pressure points or four or five point restraints;

(ii)use of chemical restraints; and

(iii)use of psychiatric medication solely for purposes of restraint.

9 NYCRR 180-3.15 - Use of physical restraint

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

A specialized secure detention facility shall have policies regarding the use of physical restraint that shall have the following requirements:

(a)Physical restraint shall be limited to those circumstances where all appropriate approved proactive, non-physical behavior management techniques have been tried and failed, or the circumstances of the incident render use of de-escalation techniques impractical and one of the following circumstances exists:

(1)emergency physical intervention is necessary to protect the safety of any person; or

(2)a youth is attempting to escape from the perimeter of the facility or from the custody of staff while outside of the facility.

(b)Staff who are expected to use physical restraints must be successfully trained in the behavioral intervention program prior to being permitted to engage in physical restraint. Such staff may be retrained periodically as necessary, but shall be trained, at a minimum, annually.

(c)Physical restraints shall not be used as punishment, retaliation, discipline, administrative convenience or harassment/embarrassment of youth.

(d)The following shall not be permitted:

(1)use of pressure points or four or five-point restraints;

(2)use of chemical restraints; and

(3)use of psychiatric medication solely for purposes of restraint.

(e)All instances of physical restraint shall be followed by a medical review, as soon as possible, but no later than 24 hours after the restraint.

(f)Staff shall be notified of and observe any medical restrictions on use of restraints.

(g)Staff shall monitor the youth during a physical restraint for signs of distress and adjust position if the youth complains that he or she cannot breathe.

(h)If a youth demonstrates distress such as failure to breathe, vomiting, unconsciousness, or mental breakdown, the restraint shall end and immediate medical/mental health assistance shall be obtained.

(i)All staff involved in a restraint situation shall document their involvement.

(j)All instances of physical restraints shall be logged and statements, debriefings and video preserved.

(k)For youth under the age of 18, the youth’s parent/guardian shall be notified of the restraint.

(l)There shall be a post-restraint protocol for youth and staff to review the issue with a goal toward averting future occurrences and checking well-being.

9 NYCRR 180-3.16 - Use of mechanical restraints

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)Mechanical restraints may be used in specialized secure detention facilities in accordance with the provisions of this section if such use is part of the facility's restraint policy that was approved pursuant to section 180-3.14 of this Subpart. Seat belts, shoulder harnesses or wheelchair locks used in vehicular transportation shall not be considered types of mechanical restraint.

(b)The permissible uses of mechanical restraints in specialized secure detention facilities shall consist solely of foot cuffs, handcuffs and belts through which handcuff chains are threaded, and may only be used by staff who have been appropriately trained in the use of such restraints.

(c)Mechanical restraints shall not be used if a youth’s individualized plan prohibits their use. Staff shall be aware of, and follow, all therapeutic and medical restrictions for individual youth as they pertain to the use of mechanical restraints.

(d)Mechanical restraints may be used on a youth inside a specialized secure detention facility only after all appropriate pro-active, non-physical behavior management techniques have been attempted, as well as all appropriate less restrictive physical behavior management techniques have been tried and failed, and the youth continues to be out of control and presents a serious and evident danger to himself or herself or others. Mechanical restraints shall be removed as soon as the youth is sufficiently under control so that the youth can be managed safely using other less restrictive, approved methods.

(e)Staff shall provide constant, direct, visual supervision of any youth in mechanical restraints for the protection of the youth's safety, to evaluate that the youth is properly restrained, and to determine the continued need for the use of mechanical restraints.

(f)In no case may a youth be handcuffed or foot-cuffed to any object or another youth.

(g)Handcuffs and foot cuffs shall not be attached to each other or the cuffs of another youth.

(h)Mechanical restraints shall be used initially for a limited time period. Prior to the expiration of that time period, continued use of mechanical restraints for another limited period shall be authorized by the facility director. Reauthorization by the facility director shall be obtained for continued use of mechanical restraints for any successive limited time period as set forth in the facility's policy.

(i)At least one staff member with a key to the mechanical restraints shall be on the scene at all times when mechanical restraints are being used until the restraints are removed.

(j)Any injuries or health concerns found or observed by staff and any health concerns expressed by youth after any use of mechanical restraint shall be addressed appropriately.

(k)For any youth who is in labor or delivery, handcuffs and foot cuffs are prohibited. The medical director shall also make individual recommendations regarding limiting the use of mechanical restraints based on the youth’s medical condition at any point in her pregnancy or post-partum.

9 NYCRR 180-3.17 - Room confinement

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

A specialized secure detention facility shall develop a written policy and procedure to be approved by OCFS and SCOC that sets forth the following principles for the use of room confinement:

(a)Room confinement means confinement of a youth in a bedroom or other room specifically designed and designated for such use to calm and control acute physical behavior of that youth that presents an immediate risk of physical injury to the youth or others, when no less restrictive intervention has been, or is likely to be effective in averting danger.

(b)Room confinement shall only be authorized, in writing, as soon as practicable by the facility director or the facility director’s designee and shall contain the reasons and grounds for confinement.

(c)Any restrictions regarding the use of room confinement for medical or mental health reasons will be noted on the youth’s individualized plan that staff must familiarize themselves with and follow.

(d)Staff shall engage in ongoing crisis intervention techniques with the youth with the goal of releasing the youth from confinement as quickly as possible.

(e)A youth shall be released from room confinement as soon as it is determined that the youth no longer poses an immediate risk of physical injury to self or others.

(f)Youth who are on suicide watch or any mental health, one-to-one watch for whom room confinement is being used as an approved part of their individualized plan shall be under constant direct supervision through the door’s viewing panel.

(g)Any youth placed in room confinement while wearing mechanical restraints shall be under constant direct supervision through the door’s viewing panel. Mechanical restraints shall be removed as soon as it is assessed that it is safe to do so.

(h)Room confinement shall not be used for punishment, retaliation, discipline, administrative convenience or harassment/embarrassment of youth.

(i)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 presence of any of these items would be detrimental to the safety of the occupant or others, they may be removed during the period of confinement upon authorization of the facility director.

(j)The designated place of confinement shall be lighted, heated and ventilated in parity with the other comparable living areas in the facility.

(k)For youth not otherwise under constant supervision as defined in subdivisions (f) and (g) of this section, staff will be within sight and sound of the confinement room, conduct visual observation through the viewing panel of the door at least every 15 minutes. Such observations will be recorded, including the time and staff member conducting the checks.

(l)Administrative staff shall check at specified intervals of not more than two hours to determine whether the youth can be released from room confinement. Any continuation of room confinement past four hours must be authorized by the director of the facility or designee, and must be re-authorized for every additional four hour interval.

(m)Any youth in confinement for eight hours must be seen by a mental health and medical provider, and every eight hours thereafter until no longer in confinement.

(n)A review of the necessity for continued confinement of each youth shall be made every eight hours by the facility director or designee, to effectuate the return of the youth to the regular program or to determine any other appropriate actions to de-escalate the situation and to reduce the danger to the youth or others.

(o)Any youth for whom room confinement has been used for 24 hours within a 48 hour period must be reported to OCFS in the manner required.

(p)Meals/snacks served to youth in room confinement shall be identical in both quality and quantity to those served to the general population. Meals/snacks will be served at the regularly scheduled time as permissible.

(q)Each facility shall submit to OCFS, at least monthly, reports in the manner and time frames required the following information:

(1)the number of youth who have been placed in room confinement;

(2)the name of youth placed in room confinement;

(3)the length of room confinement;

(4)the official authorizing the room confinement;

(5)the names of administrative or social work staff and medical staff assessing each such youth, and the times and dates of the assessment visits.

9 NYCRR 180-3.18 - Youth searches

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

A specialized secure detention facility shall develop written policies and procedures, approved by OCFS and SCOC, for the search of youth for the purpose of finding contraband that include the following requirements:

(a)Definitions of terms as follows:

(1)Personal search shall mean a search of a youth’s body to determine whether the youth has concealed contraband. Personal searches may include: use of a metal detector, pat search, mouth search, strip search, and or radiological search.

(2)Cavity search shall mean a physical examination of a youth’s anal and/or genital cavities.

(3)Mouth search shall mean the visual inspection of a youth’s mouth.

(4)Pat search shall mean an inspection, by hand, of a youth’s person and outer clothes while the youth is clothed.

(5)Radiological search shall mean a non-invasive internal examination of a youth using medical imaging equipment.

(6)Strip search shall mean the visual search of a youth’s clothing and unclothed body.

(7)Reasonable suspicion shall mean the amount of information sufficient to compel an ordinarily prudent and cautious person to act under the circumstances. Reasonable suspicion must be directed at a specific person and be based on specific and articulable facts and the logical inferences and inductions which can be drawn from those facts.

(b)Cavity searches are prohibited.

(c)Youth must be offered an opportunity to relinquish contraband prior to any personal search.

(d)Personal searches shall not be conducted for punishment, retaliation, discipline, administrative convenience or harassment/embarrassment of youth.

(e)Except in emergency situations, personal searches shall be conducted by staff of the same gender as the youth being searched. Transgender youth may request staff of any gender to conduct a strip or pat search. Whenever possible, this request must be accommodated, considering staffing and safety needs.

(f)A staff member of any gender may conduct metal detector and mouth searches of youth.

(g)The parameters for routine and non-routine personal searches, which shall include, but not be limited to:

(1)the type of personal searches permitted or required;

(2)who can conduct each type of personal search;

(3)when and under what circumstances routine personal searches and non-routine personal searches are permitted or required;

(4)conditions for personal searches that account for preserving privacy and dignity to the extent possible; and

(5)protocols and requirements for documenting all personal searches, including itemization of and disposition of contraband.

9 NYCRR 180-3.19 - Waivers

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)OCFS, in consultation with SCOC, may grant a written waiver of one or more of the non-statutory requirements of this Subpart. The waiver may be issued at the time of application for an operating certificate or after an operating certificate is issued.

(b)The applicant for, or holder of, an operating certificate must submit a written request to OCFS for any waiver in the manner required by OCFS. The request must include:

(1)each specific regulation for which a waiver is sought;

(2)the reason the waiver is necessary; and

(3)a description of what will be done to achieve or maintain the intended purpose of such regulation and to protect the health, safety and welfare of the youth in the facility.

(c)As a condition of granting or maintaining a waiver, OCFS may require physical modifications to the facility and/or the adoption of special methods, procedures, and/or policies.

(d)OCFS will grant written approval of a request to waive a regulation only if it determines that granting the waiver will not adversely affect the health, safety or welfare of the youth in the facility and that the intended purpose of the regulation waived will be met.

(e)A waiver may be time-limited, at the discretion of OCFS. The facility must resume compliance with each regulation for which a waiver has been issued upon the expiration of the waiver’s time limit, unless the facility has applied for, and received OCFS’ approval to continue the waiver.

(f)The facility’s failure to adhere to the terms of the waiver and to any alternative measures required by OCFS as a condition of granting the waiver will result in the waiver being rescinded and may constitute sufficient cause for OCFS to limit, suspend, or revoke the facility’s operating certificate. OCFS must notify the facility in writing that a waiver has been rescinded, which will become effective on the date the facility receives the notice.

9 NYCRR 180-3.20 - Case management

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall make case management services available to all youth. At a minimum, case management services shall include:

(1)Daily face to face contact with a youth for the first seven days after admission, and, at a minimum, at least weekly thereafter until the youth has been discharged.

(2)Discharge planning for sentenced youth prior to release to connect the youth to services and supports for the youth’s successful reentry to the community.

(3)Other services or activities as may be outlined by OCFS.

(b)Consistent with the requirements of this section, a specialized secure detention facility shall develop written policies and procedures, which shall be submitted to OCFS for approval, to govern case management services.

9 NYCRR 180-3.21 - Health services

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall make necessary health and dental services available to all youth. No youth shall be denied access to health services. At a minimum:

(1)Youth shall be taken for immediate treatment at a hospital or other appropriate medical facility, if at admission, upon initial visual inspection, the youth appears to be seriously physically harmed, has an urgent medical need, exhibits signs of intoxication due to drugs or alcohol, or exhibits signs of disorientation or psychosis, and cannot be appropriately treated at the facility. The youth shall be admitted to the facility when he or she has been cleared by a hospital or other medical facility for admission.

(2)A comprehensive health assessment shall be completed within 72 hours of admission and at yearly intervals thereafter. Such assessment shall include, but is not limited to the following: medical history, standard review of illnesses and symptoms, and physical examination that meets current medical standards as required by OCFS.

(3)A specialized secure detention facility shall provide ambulatory health services, including, but not limited to: daily sick call, medication administration as authorized or prescribed by medical professionals, and evaluation of youth following physical restraints or altercations.

(4)A specialized secure detention facility shall provide access to outside services sufficient to meet the needs of the youth population, such as: radiology, laboratory, a full range of special diagnostic or therapeutic services (e.g., orthopedics, obstetrician), and dentist or orthodontist services.

(5)A specialized secure detention facility shall establish and maintain a confidential permanent individual medical record for every youth.

(6)A specialized secure detention facility shall address the needs of a youth who has been diagnosed with an infectious disease, including isolation because of such needs.

(7)A youth’s medical record shall be forwarded when a youth is transferred to a different facility or placement.

9 NYCRR 180-3.22 - Behavioral health services

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall make behavioral health services available to all youth. At a minimum:

(1)A specialized secure detention facility shall require an admission screening interview upon entry to a specialized secure detention facility pursuant to section 180-3.9 of this Subpart. If the interview results in an immediate referral, the youth must be assessed by a qualified mental health provider within 24 hours.

(2)Assessments, observations, evaluations, diagnosis and treatment services shall be provided by qualified mental health professionals with a master’s level or above.

(3)A suicide risk and prevention program, consistent with training approved by OCFS and SCOC. All specialized secure detention facility staff responsible for youth supervision shall be trained in the approved program, including the use of a cut down tool, and shall receive an annual suicide prevention refresher training.

(4)A youth’s behavioral health record shall be forwarded when a youth is transferred to another facility.

(5)A specialized secure detention facility shall have an agreement with local behavioral health providers for emergency behavioral health services.

9 NYCRR 180-3.23 - Conditions of supervision of youth

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall provide appropriate supervision of youth necessary to maintain safe and efficient operation of the facility. At a minimum:

(1)Youth shall be supervised at all times, by a method of supervision described in the SCOC regulations.

(2)A specialized secure detention facility shall provide supervision that takes into account any special needs of the youth, including intellectual or developmental disabilities, physical impairments, medical conditions (e.g., allergies, heart condition, asthma), or behavioral concerns (e.g., self-harm, aggression).

(3)Staff supervising youth shall engage eyes, ears and mind on the task of supervision. Activities such as reading newspapers, books, magazines or engaging in prolonged personal conversations and the use of any type of personal electronic media device for social or entertainment purposes while supervising youth are prohibited.

(4)Staff shall maintain appropriate interpersonal boundaries with youth and interact with youth appropriately without the use of profanity or ridicule.

9 NYCRR 180-3.24 - Visits by OCFS staff and other officials

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall allow OCFS officials and agency representatives, including staff of OCFS Office of the Ombudsman (OCFS ombudsman), to visit and inspect all areas of a specialized secure detention facility, inspect facility records, and speak confidentiality to youth.

(b)Such visits may be announced or unannounced.

(c)A specialized secure detention facility shall permit youth part judges or their designees to visit the facility, interview youth and review records, as they may deem appropriate.

9 NYCRR 180-3.25 - Telephone access

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall provide youth access to incoming and outgoing calls. At a minimum:

(1)Youth shall be allowed to call or receive calls from a list of pre-approved individuals developed by the youth’s case manager in consultation with the youth, the youth’s parent(s) or guardian, and other appropriate individuals, which list shall be updated every three months or sooner as needed.

(2)Youth shall be permitted to make at least one outgoing telephone call per week.

(3)Youth shall be permitted to make and receive additional telephone calls to and from the OCFS ombudsman and the youth’s legal representative in a confidential setting.

9 NYCRR 180-3.26 - Visiting

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall provide for visits to youth with individuals from their families and community. At a minimum:

(1)Youth shall be permitted to visit more than one visitor at the same time; however, the facility may determine a maximum number of visitors based on factors such as: the size of the visiting room, the needs of other visitors and youth, and the safety of all present in the visiting room.

(2)Youth and their visitors shall be permitted to have contact during visits, provided such contact is appropriate for the setting and consistent with reasonable standards of public decency (e.g., hand-holding, hugging).

(3)A specialized secure detention facility shall establish and publish a schedule of visiting that permits each youth to have the opportunity for a minimum of two hours of visiting per week.

(4)Youth shall be permitted to have visits with legal representatives or the OCFS ombudsman at times other than those regularly scheduled for visiting, in a confidential location. The policy may establish a procedure for requesting such visit, but may not deny visits with legal representatives or OCFS ombudsman due to lack of such notice.

(5)Case managers shall work with a youth, the youth’s parent(s) or guardian, and other appropriate individuals to develop a list of pre-approved individuals who may visit the youth. The list of pre-approved individuals shall allow for minors, including the youth’s siblings or children of the youth, to visit when accompanied by an adult. The list shall be updated every three months or sooner as needed.

(b)A specialized secure detention facility shall provide sufficient space for a visiting room and for proper storage of visitors' coats, handbags, keys, phones, and other personal items not allowed into the visiting area.

(c)A visitor’s access to a facility may be denied, revoked or limited, only when it is determined that such access would cause a threat to the safety or security of the facility, or the safety, security, health or mental health of the youth or where limited by court order. A specialized secure detention facility shall establish criteria and procedures for determining any denial, revocation or limitation on visiting, including an opportunity to appeal the final determination.

(d)Consistent with the requirements of this section, a specialized secure detention facility shall develop written policies and procedures, which shall be submitted to OCFS for approval, to govern visiting.

9 NYCRR 180-3.27 - Standards of personal hygiene for youth

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall provide for the personal hygiene needs of youth at the facility. At a minimum:

(1)A specialized secure detention facility shall provide a shower schedule that allows for the daily shower of each youth.

(2)A specialized secure detention facility shall make necessary shaving items available. Shaving items shall be maintained in a safe and sanitary manner.

(3)A specialized secure detention facility shall make culturally appropriate haircare services available to all youth, as needed. When a youth has a court appearance, haircare services shall be provided prior to such court appearance, if the time from notice of appearance to the actual appearance allows for the provision of such service.

(4)Upon admission to the facility, articles necessary for maintaining proper personal hygiene shall be made available to all youth and shall be replenished or replaced as needed or upon request. Personal hygiene items shall include, but not be limited to:

(i)soap;

(ii)a toothbrush and toothpaste;

(iii)a comb, brush, or other culturally appropriate haircare item;

(iv)deodorant;

(v)body lotion; and

(vi)feminine hygiene items, such as tampons and sanitary napkins.

(5)All youth shall wear facility issued clothing.

(i)Clothing issued to youth shall be appropriately sized.

(ii)Consistent with safety and security, a youth shall be issued clothing consistent with a youth’s gender identity or internal sense of self as male or female, including but not limited to undergarments.

(iii)Outer clothing such as pants, sweats, shirts or coats may be reused after a youth has been released, if they are in good condition.

(iv)Under clothing, such as underwear, bras, undershirts and socks, shall be issued new upon a youth’s admission to a facility and shall be discarded upon a youth’s release from the facility. Under no circumstances shall the items listed in this paragraph be reused for a new resident.

(v)Youth shall be provided appropriate (e.g., appropriately sized, neat, clean) non-institutional clothing for court appearances.

(6)Laundry services shall be provided at least twice a week and more frequently when necessary to maintain sanitary conditions.

(7)Upon admission to a facility, all youth shall be provided with clean bedding in good condition. Bedding shall be laundered at least weekly.

(8)Upon admission to a facility, all youth shall be provided with towels and washcloths that are clean and in good condition. Clean towels and washcloths shall be provided at least twice per week, or more frequently if needed.

(9)All items such as shaving, hair care, personal hygiene, clothing, and bed linens shall be provided at facility expense.

9 NYCRR 180-3.28 - Loss of good behavior allowance for sentenced youth

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)The potential loss of good behavior allowance is a specific disciplinary sanction that may impact a sentenced youth’s release date, based on a serious violation while in detention. This sanction, when applied reasonably and with fairness, can be an essential element in promoting safety and protecting the health and security of all persons within a specialized secure detention facility. This sanction works in tandem with section 180-3.14 of this Subpart, by providing an additional response for a sentenced youth who has a serious infraction. It does not take the place of the behavioral intervention policies of the facility, as required by section 180-3.14 of this Subpart.

(b)Limitations on the loss of good behavior allowance:

(1)This sanction shall only be applied to the degree necessary to maintain the youth’s behavior within acceptable limits and reinforce a commitment to maintain the overall standards of behavior for the facility.

(2)When evaluating a loss of good behavior allowance, the behavior of the youth shall be viewed in light of his or her capacity and the efforts made by the youth within the limits of his or her capacity.

(3)This sanction must be administered in a fair, impartial and expeditious manner, and must be consistent. A sound program relies upon certainty and promptness of action, not upon severity of the measures.

(4)The loss of good behavior allowance must never be arbitrary or capricious or administered for retaliation or revenge.

(c)A commission of any Penal Law offense is prohibited and may be referred to law enforcement agencies for prosecution, in addition to the sanction of loss of good behavior allowance.

(d)A specialized secure detention facility’s rules, established pursuant to section 180-3.14 of this Subpart, Behavioral Intervention Policies, shall apply to the loss of good behavior allowance. Such rules should have varying levels and consequences. For example:

(1)level I rules - basic standards of conduct for all areas of program;

(2)level II rules - prohibited acts that constitute serious misbehaviors;

(3)level III rules - prohibited acts that constitute very serious misbehaviors.

(e)A specialized secure detention facility shall establish procedures for determining a loss of good behavior allowance which shall include:

(1)Steps to review an incident, dismiss the charges, refer the matter back to the behavioral support system, or approve the charges to go forward for review.

(2)Timeframes, criteria for review, appeal procedures, and the facility director’s appointment of staff to implement the process.

(3)A requirement for youth assistants, who are staff designated by the facility director, to assist the youth through the process. If the youth assistant is waived by the youth, a youth assistant may still be assigned, particularly in cases where such assistance would enable the youth to adequately comprehend the case and respond to the charge(s).

(4)A requirement for assistance for non-English speaking or hearing-impaired youth. In the case of a non-English speaking youth, a translator shall be provided to assist the youth. A deaf or hearing-impaired youth who uses sign language to communicate shall receive the assistance of a qualified sign language interpreter. A hearing-impaired youth who uses an amplifier or other device, as a reasonable accommodation, shall have the opportunity to use such device.

(5)Education of all facility staff and sentenced youth on the established facility rules and the consequences of rule violations as soon as possible after admission on a sentence.

(6)A requirement that all processes regarding loss of good time, including charges, hearings, decisions, appeals and any other outcomes be fully documented.

(f)Consistent with the requirements of this section, a specialized secure detention facility shall develop written policies and procedures, which shall be submitted to OCFS for approval.

9 NYCRR 180-3.29 - Facility safety

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)To safeguard the lives and property of all youth and staff within a specialized secure detention facility and to minimize the possibility of fire emergencies or other similar hazards, a specialized secure detention facility shall practice proper fire prevention and safety measures and shall have an emergency preparedness plan. At a minimum, a facility shall:

(1)Develop a plan to govern fire prevention and safety, which, at a minimum, shall include:

(i)full compliance with all applicable laws, codes, rules and regulations related to fire safety and prevention;

(ii)a requirement to have the appropriate authority, with code enforcement jurisdiction, conduct annual fire and safety inspections of each building and its fire protection equipment. A copy of each inspection report, together with a detailed written statement of all completed and planned remedial actions, shall be maintained on file within such facility;

(iii)a requirement to designate staff members to conduct weekly fire and safety inspections of all areas of the facility to determine whether a fire hazard exists, and to take the necessary action to correct any such hazard(s). The results of such inspections shall be recorded in a facility log maintained for such purpose;

(iv)a requirement that prior to assuming any duties, such appointed staff member(s) shall have successfully completed appropriate specialized training; and

(v)a requirement to conduct and document monthly fire drills. Fire drills shall take place at random times and days and shall cover all shifts at least twice a year.

(2)Develop a plan to govern emergency preparedness, which, at a minimum, shall include:

(i)approval of all health aspects of the facility’s disaster plan by the facility physician;

(ii)an evacuation continuity of operations plan;

(iii)annual review of the emergency and disaster preparedness plan. All reviews shall be recorded.

(b)Consistent with the requirements of this section, a specialized secure detention facility shall develop written policies and procedures, which shall be submitted to OCFS for approval.

9 NYCRR 180-3.30 - Enforcement powers

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

OCFS shall exercise its authority to enforce the provisions of this Subpart in a manner consistent with Social Services Law section 460-d and Part 343 of this Title relating to the hearing process for residential care programs for children.

9 NYCRR 180-3.31 - OCFS policies and procedures

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

OCFS may develop policies and procedures related to the provisions of this Subpart, any of which shall have the same force and effect as this Subpart is defining or explaining.

9 NYCRR 180-3.32 - Specialized secure detention facility policies and procedures

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-15-18-00007-A · Adopted rule
Related notice published: Jul 25, 2018
Related notice effective date: Jul 25, 2018

(a)A specialized secure detention facility shall develop written policies and procedures as directed by this Subpart.

All such policies and procedures shall be maintained in a facility manual, reviewed consistent with a schedule provided by OCFS and SCOC, and updated as needed. If a policy or procedure requires approval by OCFS or SCOC, then the updated version shall also need to be approved.

(b)In addition to the policies and procedures detailed in this Subpart, a specialized secure detention facility shall also be required to develop policies and procedures for:

(1)Facility operations that:

(i)govern food services, consistent with the New York State Department of Health and the recommended dietary allowances of the Food and Nutrition Board of the National Academy of Sciences, National Research Council;

(ii)govern the control of items that are prohibited from the facility and provide for the confiscation, return or destruction of such contraband.

(2)Youth services/programs that:

(i)provide youth access to legal representatives, consistent with sections 180-3.25 of this Subpart, Telephone Access, and 180-3.26 of this Subpart, Visiting;

(ii)provide a minimum of at least two hours per day of physical activity, one hour of which shall be large muscle exercise, as well as additional recreation and leisure activities to enhance positive youth development;

(iii)protect the right of all youth to exercise a religious belief or refrain from engaging in any religion;

(iv)govern correspondence received and sent by youth;

(v)govern access to developmentally appropriate printed material and publications;

(vi)govern the need for a youth to attend the funeral or the deathbed of a close family member, guardian or other person who has maintained a significant relationship with the youth;

(vii)govern the monitoring and safeguarding of all youth property that enters the facility to provide for its return or appropriate disposition when returning it is not possible; and

(viii)other such policies as may be required by OCFS or SCOC.

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