New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 183
Executive Department
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Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.9 NYCRR 183.1 - Policy
Source version current through Jul 31, 2022
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
In accordance with section 504 of the Executive Law, the Division for Youth shall determine the particular State institution in which a youth to be placed with or committed to the division shall be cared for, based upon evaluation of the youth and the level of placement or commitment permitted by law.
9 NYCRR 183.2 - Application
Source version current through Jul 31, 2022
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
This Part applies only to youth who are to be placed with or committed to the custody of the Division for Youth who are held in a secure or nonsecure detention facility awaiting admission to a Division for Youth residential facility. This Part does not apply to youth placed with the division pursuant to sections 353.3(4), 353.4 and 756(a)(iv) of the Family Court Act, unless otherwise stated.
9 NYCRR 183.3 - Definitions
Source version current through Jul 31, 2022
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)Division shall mean the New York State Division for Youth.
(b)Detention facility shall mean a facility certified as a secure or nonsecure detention facility by the division pursuant to section 503 of the Executive Law.
(c)Commitment/committed to shall mean the transfer of a youth to the custody of the division pursuant to the Penal Law.
(d)Placement/placed with shall mean the transfer of a youth to the custody of the division pursuant to the Family Court Act.
(e)Admission shall mean the initial movement of a youth into a facility on a new court order of placement with or commitment to the division. Such new placement or commitment order shall not necessarily be for the youth's first placement with or commitment to the division.
(f)Readmission shall mean the entrance of a youth back into a facility following a transfer from such facility.
(g)Available capacity shall mean, for each division facility, budgeted capacity, with adjustments for lack of space due to such occurrences as renovation and repairs.
(h)Budgeted capacity shall mean the number of youth that can be accommodated by a division facility, as approved by the New York State Division of the Budget in accordance with State law. This capacity may be raised or lowered in case of an emergency and for only so long as the emergency exists.
(i)Evaluation shall mean the assessment of the service, safety and security needs of youth to be placed with or committed to the division, as well as the safety and security needs of staff and the public.
(j)Intake shall mean the first phase of division service for purposes of determining the appropriate facility for a youth.
(k)Facility shall mean any secure, limited secure or nonsecure division residential institution, any voluntary agency under contract to provide residential care for division youth and any program to which a youth may be assigned.
9 NYCRR 183.4 - Intake process
Source version current through Jul 31, 2022
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)The intake process shall consist of the steps described in this section which shall be completed prior to a youth's admission to a facility.
(b)Pursuant to section 507-b of the Executive Law and section 381.1 of the Family Court Act, the division must receive the orders of the placing or committing court and copies of the probation report and all other relevant evaluative records in possession of the court, detention facility, and probation departments relating to a youth, including but not limited to any diagnostic, educational, medical, psychological and psychiatric records, fingerprints, photographs, a certified copy of the sentence and presentence memoranda filed with the court, where applicable, and reports relating to assaults and other violent acts, and attempts at suicide or escape by the youth, prior to or upon admission to a facility.
(c)Upon receipt of the documentation described in subdivision (b) of this section, division staff shall develop a case record for the youth which shall contain basic information concerning the youth to be placed or committed, including but not limited to, name, address, parents' names, and the physical description of the youth.
(d)The division shall conduct an initial evaluation of the youth which shall consist of:
(1)a personal interview with the youth, the youth's parents and other significant parties, if possible;
(2)review of the probation report and other information provided by the court, detention facility and probation department; and
(3)analysis of the information provided pursuant to section 507-b of the Executive Law.
(e)Based on review of the information provided the division shall:
(1)assign the youth to an appropriate facility; or
(2)deliver a youth to be placed to the custody of the placing court if the youth is not of proper placement age, not properly placed, or is mentally or physically incapable of benefiting from placement with the division.
(f)The division shall schedule and coordinate admission of youth to the designated facility.
9 NYCRR 183.5 - Time of admission
Source version current through Jul 31, 2022
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 shall be admitted to a facility within 15 calendar days from the date of the placement order or 10 calendar days from the date of the order of commitment, provided that none of the restrictions in section 183.6 of this Part are present.
(b)In the event that one or more restrictions in section 183.6 of this Part are present, on the 15th day after the date of the order of placement or the 10th day after the date of the order of commitment, admission may be delayed only while such restriction exists. However, the youth shall be admitted to the facility before the 30th day after the date of the commitment or placement order, unless:
(1)there continues to exist a pending order of detention;
(2)placement or commitment papers described in section 183.4 of this Part have not been delivered, even though the division has made its best efforts to get such papers;
(3)in the case of juvenile offenders, there exist exigent circumstances which would require further limited delay in a particular case. Such exigent circumstances shall not include lack of beds;
(4)a youth cannot be moved for medical reasons; or
(5)such transfer would be in contravention of State law.
9 NYCRR 183.6 - Restrictions on admissions
Source version current through Jul 31, 2022
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
Subject to the provisions of section 183.5 of this Part, the division shall not be required to admit a youth:
(a)to any division operated facility which is at or beyond available capacity or any other facility which is at or beyond capacity;
(b)to a vacancy appropriate only for the opposite sex;
(c)to any facility designed to serve a specific age group if the youth does not fall within that age group;
(d)to a facility that is highly specialized which is inappropriate for the youth;
(e)to a facility which is not a highly specialized facility where a highly specialized facility is appropriate for the youth;
(f)to foster family homes. The capacity of foster family homes is subject to fluctuation and individual foster parents have the right to refuse youth referred to them for care;
(g)to any facility until the information necessary to complete the youth's initial evaluation has been gathered. However, the division shall use its best efforts to secure this information within the required time for admission to a facility; or
(h)where there exist exigent circumstances which would require a further limited delay in a particular case. Such exigent circumstances shall not include lack of beds.
9 NYCRR 183.7 - Notification of overstay of detention
Source version current through Jul 31, 2022
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)The division shall provide written notification to the appropriate detention administrator and the legal representative of any youth held in detention beyond the 15th day after the date of the placement order or the 10th day after the date of the commitment order. Such notification shall include the youth's name and the reason or reasons for the delay in transfer. In any such case, at the request of the appropriate legal representative, the division shall make available to the representative all available assessment data.
(b)Where the division has actual knowledge of a youth to be placed with the division for replacement with an authorized agency, or for transfer to the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities, who is being held in detention beyond the 15th day following the date of the placement order, the division shall give notice of the overstay to the appropriate legal representative.
9 NYCRR 183.8 - Records and reports
Source version current through Jul 31, 2022
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)The division shall maintain and develop the following records and reports:
(1)a current list of all division facilities by level, including the budgeted and available capacities of each facility; and
(2)a weekly report showing the current population of every division facility in relation to its budgeted and available capacity.
(b)Such records and reports shall be made available for public inspection at the division's main offices in Albany and New York City, and its field offices in Syracuse and Rochester.
9 NYCRR 183.9 - Earlier source heading: 183.9 to 183.10 [Repealed]
Dates and status
- NYCRR title agency
- Executive Department
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- Section source receipt
Current section text is not available here.