New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 181
Executive Department
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9 NYCRR 181.1 - Absence without official authorization (AWOL)
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
A youth, as defined in section 181.4 of this Part, must be identified as AWOL under one or more of the following circumstances:
(a)the youth leaves a Division for Youth program or facility or authorized agency program or facility without permission;
(b)the youth fails to arrive at or return to a Division for Youth program or facility or authorized agency program or facility on an assigned date;
(c)the youth fails to comply with stipulations governing a home visit;
(d)the youth leaves a staff member while on a community visit (movie, camping, etc.);
(e)whenever a program director or designee has reason to believe the youth is AWOL (as indicated by the youth's failure to be in attendance at an assigned program); or
(f)a youth must be considered as AWOL as soon as his/her absence (under one or more of the circumstances described above) is discovered.
9 NYCRR 181.2 - Steps when a youth is considered AWOL
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Facility personnel should take the following steps:
(a)search the facility grounds and the surrounding community immediately; and
(b)notify the police, youth service team worker, and youth' s parents within four hours.
9 NYCRR 181.3 - Time for requesting and issuance of warrants; notification
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)A warrant must be requested or issued no later than 24 hours after a youth is considered AWOL.
(b)The Family Court must be notified in writing of a youth' s AWOL status no later than three business days after a youth is considered AWOL.
(c)In the case of a youth scheduled for a hearing (e.g., a 517 Mental Hygiene transfer) or as a witness in a hearing for a court appearance, the Office of General Counsel must be notified in writing or by telephone as soon as a youth's absence is discovered.
(d)Other appropriate persons must be notified of a youth's AWOL status no later than 24 hours after a youth is considered AWOL.
9 NYCRR 181.4 - Issuance of warrants
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)A warrant on such forms as may be developed or revised by the division, shall be issued on:
(1)an adjudicated juvenile delinquent who is under the care and custody of the Division for Youth;
(2)an adjudicated person in need of supervision (PINS) who is under the care and custody of the Division for Youth;
(3)a youth who has been placed with the Division for Youth and whom the Division for Youth has replaced in an authorized agency; and
(4)a youth who has been placed in a the jurisdiction of the Division for Youth for replacement in an authorized agency, pursuant to Family Court order. (Please note, for these cases only, notwithstanding anything in this Part to the contrary, Division for Youth responsibility shall be limited to the issuance of warrants only. The authorized agency is responsible for facilitating return to program once an AWOL youth has been found.)
(b)A warrant shall not be issued on:
(1)a youth who has come to the Division for Youth as a voluntary referral (in such cases, he program or facility director must notify the responsible youth service team, parents, police and any known probation officer by phone within four hours, and in writing within 24 business hours, of the AWOL); and
(2)a youth who is placed with or transferred to Division for Youth as a condition of probation (COP) and/or as a youthful offender (in such cases, the program or facility director must notify the responsible youth service team, parents, police and probation officer by phone within four hours, and in writing within 24 business hours).
9 NYCRR 181.5 - Persons authorized to issue warrants
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
A warrant shall be issued by:
(a)a youth service team supervisor or designee in the home community; and
(b)a program or facility director or designee in the local community where it is reasonable to believe that the youth is in the vicinity of that facility or program.
9 NYCRR 181.6 - General warrant issuance procedure
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
Local practices with respect to the issuance of a warrant may vary, but the general procedure to be followed in order to issue a warrant is to:
(a)call the central services unit within the region, or the office assigned warrant responsibility;
(b)have the appropriate person fill out a Division for Youth warrant form (a warrant number may be inserted, depending upon local practice); and
(c)have the appropriate person send or take the warrant to the local and/or State police in accordance with local practice.
Note:
For current local practices, see section 181.13 of this Part, Local practices pertaining to the issuance and execution of warrants.
9 NYCRR 181.7 - Procedure when a youth on whom a warrant has been issued has been found
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)If a youth comes into or is brought to the office of a youth service team worker or is located at home or elsewhere by a Division for Youth worker:
(1)a youth who is an adjudicated juvenile delinquent must be taken personnaly to the local nonsecure or secure detention center or to the facility from which the youth absconded;
(2)a youth who is an adjudicated person in need of supervision must be personally taken to nonsecure detention or returned to the facility from which he/she absconded (see section 181.10 of this Part on travel arrangements for return to facility and section 181.14 of this Part for information about nonsecure detention); and
(3)detention facilities shall not hold AWOL's more than 72 hours.
(b)If a youth is found by the police or Division for Youth transfer agents:
(1)the director of the facility or program from which the youth was AWOL shall be notified immediately;
(2)a youth who is an adjudicated juvenile delinquent and placed in a title III facility or voluntary agency must be taken to the local detention center or to the facility, if possible. If the youth is foud in an area which is remote from a detention center or the facility, the facility director shall be contacted. The facility director shall make arrangements to pick up the youth. The home district supervisor may be contacted for assistance; and
(3)a youth who is an adjudicated juvenile delinquent and placed in a title II facility or voluntary agency or an adjudicated person in need of supervision must be taken to the local youth service team office so that arrangements may be made for the return of the youth to the facility from which he/she absconded. Whenever the youth service team office is closed (e.g., weekends, holidays, after 5 p.m. on weekdays), these youth must be taken to the place designated by the district supervisor or regional director for the handling of emergencies during times in which offices are closed.
(c)If a youth is found by a facility or facility worker, the youth must be returned to the facility from which he/she absconded.
(d)After a youth has been found, warrants must be withdrawn from the local or State police office in which they were filed.
9 NYCRR 181.8 - Responsibilities of a Division for Youth employee if an AWOL youth threatens to run away from the employee
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)A Division for Youth employee must make every reasonable effort to convince a child not to leave the presence of the worker.
(b)In the case of juvenile delinquents who are placed in a training school, authorized agency or secure center, youth division counselors or youth division aides may use reasonable physical restraint to make certain that an AWOL youth does not leave his/her presence. Reasonable physical restraint includes the use of a transfer belt; handcuffs and/or footcuffs when a youth is uncontrollable and constitutes a serious and evident danger to himself/herself or others. Youth shall not be taken on public transportation in cuffs or belts. Reasonable physical restraint also includes the use of medicine provided it has been authorized by a physician and administered by a registered nurse or a medical doctor as provided in subdivision (b) of section 168.3 of this Title. The youth shall be offered the medication orally prior to administration by injection.
Note:
Where appropriate and feasible, Youth Division counselors and aides should alert other staff and supervisors of any problems and the need for their presence or possible held. In no event should the staff member exert force that would be likely to result in injury to himself or the youth.
(c)A Division for Youth employee must call the police immediately if the youth leaves his/her presence, thereby refusing to return to program.
9 NYCRR 181.9 - Steps a Division for Youth employee must take to return a youth to program
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)If the youth's program is within a 25-mile radius of the worker's office of presence, the worker must personally accompany the youth back to program.
(b)If the youth's program is beyond a 25-mile radius of the worker's office or presence, the worker must personally arrange travel for the youth. Division for Youth transfer agents or the facility to which the youth is to be returned may be called. If Division for Youth transfer agents or facility agents are not available, the youth service team worker must make the travel arrangements. The home district supervisor may be contacted for assistance. If the worker has reason to believe that the youth will constitute a danger to himself or others or will abscond again if he/she travels along, or if the youth to be transported is an adjudicated title III juvenile delinquent, the worker must travel personally with the youth or find another Division for Youth worker to travel with the youth. In cases where a youth is likely to be disruptive or likely to try to abscond again, two workers shall be assigned to travel with the youth. Once travel arrangements have been made, the worker must phone the facility to which the youth is to be returned (if a facility agent is not transporting the youth) and inform the facility of the time and place of the youth's arrival. When transportation is not by automobile, the worker personally must accompany the youth to the train, plane, or bus and purchase a ticket. If the worker is not traveling with the youth (as may be the case for nondangerous title II youth), he/she must wait until the plane, train or bus has actually departed. Facility workers must be assigned to go to the train, plane or bus to meet the returning youth. Facility workers must arrive at the plane, train or bus depot 20 minutes prior to arrival time and wait at the gate of arrival. If the train, plane or bus is delayed, the facility worker must wait at the gate of arrival until the train, plane or bus comes in.
9 NYCRR 181.10 - Facility responsibilities for the return of AWOL youth
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)All facilities from which a youth has absconded must accept the youth back.
(b)If the facility feels it can no longer handle the youth, the appropriate youth service team should be informed immediately. In cases of emergency, the district supervisor, the regional director, or an appropriate person at the Albany central office should be contacted immediately. Under no circumstances should a returning AWOL youth be released to the community or to the street.
(c)The youth service team must work out a new placement for those youth deemed inappropriate for the facility in which they currently are residing.
9 NYCRR 181.11 - Removal of youth from a local detention center
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)A youth who is taken to a local detention center to await transfer to the facility from which he/she absconded must be removed from the local detention center within three days. This includes a youth against whom a new petition is filed but who has not been remanded to detention by court order.
(b)The youth service team coordinator and the director of the facility from which the youth absconded must act in concert to see that the youth leaves the detention center and returns to his Division for Youth facility within three days. The home district supervisor may be contacted for assistance.
(c)For travel procedures, see section 181.9 of this Part.
9 NYCRR 181.12 - Reporting procedures for absentees and warrants
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)All cases of absence (any absence for any reason) must be reported to the JCS (Juvenile Contact System) on the appropriate form.
(b)Unauthorized absences (AWOL's) must be reported to the JCS on the appropriate form.
(c)Warrant information must be reported to the JCS on the appropriate form.
(d)Records should be kept in the issuing office of all warrants issued and the status of those warrants (e.g., outstanding, executed). These records shall be available for review at any time.
9 NYCRR 181.13 - Local practices pertaining to the issuance and execution of warrants
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Local practices in Region I.
Upon notification, all of the youth service team offices listed in this subdivision will prepare the warrant and deliver it to the appropriate law enforcement agency for execution.
(1)District 1, City of Buffalo: Call the Youth Service Team Office at 600 Delaware Avenue, Buffalo, (716) 881-6800.
(2)District 1, outside of the City of Buffalo: Call the Youth Service Team Office at 125 Main Street, Buffalo, (716) 842-4310.
(3)District 2, Monroe County: Call the Youth Service Team Office at 8 Exchange Street, Rochester 14614, (716) 325-6075.
(4)District 2, Wayne, Ontario, Seneca, Livingston, Genesee and Orleans Counties: Call the Youth Service Team Office at 2325 Elmwood Avenue, Rochester, (716) 461-4300.
(5)District 2, Yates, Steuben, Schuyler and Chemung Counties: Call the Youth Service Team Office at 214 East Chruch Street, Elmira, 14901, (607) 733-6656.
(6)Industry School: Industry School follows the procedures in this section with the exception that for youths from region I, District 2, Monroe, Wayne, Seneca, Ontario, Yates, Orleans, Genesee and Livingston Counties, warrants are issued directly from Industry School.
(b)Local practices in Region II.
Call the office of the youth service team worker assigned to the youth. They will record the necessary information, complete the warrant and deliver it to the appropriate law enforcement agency for execution. Facility personnel may issue a warrant and deliver it to the local law enforcement agency if they believe that the youth is in the immediate area. Regardless of who issues the warrant, the Central Services Unit at 333 East Washington Street, Syracuse, New York 13202, (315) 473-8023, should be notified and advised of the AWOL and the warrant.
(c)Local practices in Region III.
(1)District 1: Call the appropriate Youth Service Team Office. They will record the necessary information, prepare the warrant, and deliver it to the appropriate law enforcement agency for execution.
(2)District 2: Call the appropriate Youth Service Team Office. They will record the necessary information, prepare the warrant, and deliver it to the appropriate law enforcement agency for execution.
(3)Goshen Center and Brookwood Center: Generally, these facilities do not issue warrants. Rather, they notify the State Police and other appropriate local police. However, they will deliver warrants to these agencies if they request them, an infrequent occurrence. The youth's youth service team is notified and they may issue a warrant in the home community. Call central office (518) 474-8635 with any questions or problems.
(d)Local practices in Region IV:
(1)Districts 1 and 2:
(i)Call the appropriate youth service team office.
(ii)The youth service team office then calls the Division for Youth Central Services Unit at (212) 488-7773 (No. 2 World Trade Center). The central services unit provides a warrant number to the youth service team office.
(iii)The youth service team office then prepares the warrant and a warrant information sheet containing other information which may be helpful in locating the youth.
(iv)The youth service team office then prepares four copies of the warrant and distributes them as follows:
(a)one copy and the original warrant and two copies of the information sheet are sent to the central services unit;
(b)one copy is sent to the juvenile center (Spofford);
(c)one copy is sent to the person or facility who notified the youth service team office of the AWOL; and
(d)one copy is retained by the youth service team office.
(v)The central services unit gives the warrant and the information sheet to its transfer agents who, time being available, take the warrant and search for the youth. The central services unit also delivers the second copy of the warrant to the central warrant squad of the New York City Police Department for their use in locating the youth (active warrants are delivered to this warrant squad as they are issued).
(2)District 3:
(i)Call the appropriate youth service team office. They will record the necessary information, prepare the warrant and deliver it to the appropriate law enforcement agency for execution. Facility personnel themselves may issue a warrant and deliver it to the local law enforcement agency if they believe that the youth is in the immediate area.
(ii)If the appropriate youth service team office cannot be reached (for example, if a warrant is sought to be obtained after business hours or on weekends) call the Brentwood Center, Commack Road, Dix Hills, New York, (516) 667-1188, and request a warrant. They will record the necessary information, prepare a warrant and, in consultation with the requestor, deliver the warrant to the appropriate law enforcement agency for execution.
9 NYCRR 181.14 - Detention facilities and AWOL's
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Jul 31, 2022
(a)Secure detention facilities and juvenile delinquents.
Juvenile delinquents who have been absent without leave may be taken to the following secure detention facilities:
(1)New York City—Spofford Juvenile Center;
(2)Erie County—Erie County Detention Facility;
(3)Monroe County—Monroe County Children's Center;
(4)Onondaga County—Hillbrook Detention Facility;
(5)Westchester County—Woodfield Detention Cottage;
(6)Suffolk County—County Children's Shelter;
(7)Nassau County—Nassau County Children's Shelter;
(8)Ulster County—Highland Regional Secure Detention Facility.
(b)Secure detention facilities and persons in need of supervision (PINS) AWOL's.
No persons in need of supervision (PINS) who have been absent without leave shall be taken to secure detention facilities.
(c)Nonsecure detention facilities and juvenile delinquents or persons in need of supervision.
Juvenile delinquents or persons in need of supervision (PINS) who have been absent without leave may be taken to nonsecure detention prior to their return to program.