New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7313
Executive Department
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9 NYCRR 7313.1 - Policy
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)In order to provide for the effective management of youth populations in a safe and secure environment, the director shall establish, implement, and maintain a formal and objective system for the consistent classification of all facility youth.
(b)Consistent with the requirements of this Part, the director shall develop and implement a classification system that provides a mechanism for a youth’s initial screening upon admission, an assessment of the youth by the facility and, where warranted, a reassessment to identify the special needs and risk, security and supervision requirements of the youth to determine an appropriate individual occupancy room assignment.
9 NYCRR 7313.2 - Definitions
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
As used in this Part, the following definitions shall apply to the terms listed below:
(a)Classification shall mean the documented process of assigning a youth to an appropriate individual occupancy room by determining risk, security and supervision requirements, and the special needs of the youth, based on the initial screening and assessment by the facility.
(b)Formal and objective system shall mean a procedure for determining and documenting a youth's appropriate individual occupancy room assignment which utilizes standard and objective criteria and methods.
(c)Initial screening shall mean a documented preliminary determination of a youth's risk, special needs, and security and supervision requirements upon facility admission.
(d)Assessment shall mean a documented standardized evaluation of a youth upon admission to a facility to determine the appropriate individual occupancy room assignment based on the youth's risk, security and supervision, and special needs requirements.
(e)Individual occupancy room assignment shall mean the documented assignment of a youth to an individual occupancy room, as defined in section 7320.2(b) of this Title, pursuant to the assessment by the facility.
(f)Youth reassessment shall mean any documented review of an assessment of a youth's risk, security and supervision, and special needs made after a youth's initial assessment by the facility.
(g)Special needs shall include, but not be limited to: a medical condition or history of substance abuse, sex offenses, mental disorder or developmental disabilities.
9 NYCRR 7313.3 - Policies and procedures
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Classification, assessment, and reassessment policies and procedures shall include, but not be limited to:
(1)staff responsibilities for functions relative to classification, assessment and reassessment;
(2)completion of the initial screening, assessment and reassessment, including, but not limited to, the determination of risk, security and supervision requirements and youth special needs;
(3)use of a formal screening and assessment instrument and other appropriate intake forms in the classification, assessment and reassessment process;
(4)assessments and reassessments made subsequent to initial screening for the assignment of youth to an appropriate individual occupancy room;
(5)notification to the youth of all individual occupancy room and program assignments based upon the assessment and reassessment process; and
(6)procedures governing the disclosure of information contained in the youth’s medical and mental health records by the facility medical director and/or mental health supervisory staff pursuant to section 7313.7 of this Part.
(b)Such policies and procedures shall be reviewed annually and updated as needed.
(c)Such policies and procedures shall be made available to all facility staff.
9 NYCRR 7313.4 - Initial screening and assessment
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Upon admission to a facility, each youth shall be administered an initial screening and assessment which shall consist of a facility interview, visual assessment, and review of the commitment documents. Such initial screening and assessment shall occur immediately upon a youth's admission.
(b)Assessment instrument(s) shall be utilized by the facility to elicit and record information on each youth relating to the following:
(1)visible injury or injuries;
(2)medical conditions, including allergies, requiring immediate treatment or attention;
(3)developmental or physical disabilities;
(4)history of mental health treatment;
(5)potential for self-injury or suicide;
(6)history of detention or confinement, including, but not limited to, hostile relationships with other youth;
(7)medication currently being taken;
(8)present attitude, appearance, and behavior;
(9)history of alcohol or substance abuse;
(10)criminal charge(s) and conviction(s);
(11)tattoos, body piercing, and other identifiers of gang affiliation;
(12)sexual assault within the previous 24 hours; and
(13)any other relevant information concerning the safety or welfare of the youth.
(c)An immediate decision concerning further assessment of each youth shall be made on the basis of information gathered during initial screening and assessment by the facility. Such decision may include, but it is not limited to, referrals to outside medical and mental health service providers.
9 NYCRR 7313.5 - Assignment to a facility living unit
Source version current through Apr 15, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)After the initial screening and assessment are completed, and pending determination of a youth's living unit assignment, the youth shall be placed in an individual occupancy room designated for such purpose. Placement in such unit shall be temporary pending the determination of an appropriate living unit, which shall be completed within five business days of the youth's admission to the facility.
(b)In arriving at a determination of a youth's living unit assignment, the director, or designee, shall base such determination on the following information, if such information is available and accessible:
(1)delinquency/criminal history;
(2)propensity for victimization or violence;
(3)medical/mental health history;
(4)history of sex offenses;
(5)history of hostile relationships or incidents with other youth;
(6)prior attempts at self-injury or suicide;
(7)prior escapes or attempted escapes;
(8)attitude and behavior during present and prior commitments, including any history of assaultive behavior during such commitments;
(9)gender identity or expression;
(10)sexual orientation; and
(11)any other information which may affect the safety and security of the youth or staff.
(c)A facility shall utilize a formal and objective system for assessment in order to fulfill the requirements of subdivisions (a) and (b) of this section and section 7313.6 of this Part.
(d)In considering the information contained in subdivision (b) of this section, the director, or designee, shall examine and verify the following:
(1)records made available from the court or the delivering jurisdiction;
(2)information obtained during a youth's initial screening and assessment;
(3)records, to the extent relevant, known, accessible and available to the director, or designee, which were prepared 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 contained in the youth's medical and psychiatric records, if disclosed by the facility medical director and/or mental health supervisory staff, pursuant to section 7313.7 of this Part; and
(6)any other relevant information concerning a youth's condition brought to the attention of the director, or designee, by any person.
(e)Within one business day of determining the living unit assignment, staff shall notify the youth of the determination and explain its implications, if any.
9 NYCRR 7313.6 - Reassessment review
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
The director, or designee, shall review and, when necessary, revise a youth's risk, security and supervision and special needs requirements when one or more of the following occur:
(a)the youth is involved in a serious facility incident or exhibits adjustment problems which threaten the youth's safety, or the safety, security or operational stability of the facility;
(b)a written request, including justification, is made by staff to alter or review the youth's risk, security and supervision, and special needs requirements based on new information or exhibited positive or negative behavior; or
(c)the facility medical director or mental health supervisory staff discloses relevant information about the youth, pursuant to section 7313.7 of this Part, which has not already been considered in determining the youth's risk, security and supervision, and special needs requirements.
9 NYCRR 7313.7 - Confidentiality and disclosure of youth medical and mental health records
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Each facility shall adhere to the requirements of Part 7310 of this Title, article 27-F of the Public Health Law, article 33 of the Mental Hygiene Law, all applicable Department of Health regulations and Part 180-3 of this Title to ensure the confidentiality of a youth's medical, mental health, and facility records.
(b)The director shall make provisions for maintaining all medical and mental health records in confidential files, separate from other youth facility records.
(c)Except as otherwise prohibited or restricted by law, the facility medical director and/or mental health supervisory staff shall promptly disclose to the director, or designee, information received concerning a youth which is or may be relevant in determining the youth's risk, security and supervision and special needs requirements, or may affect the life, safety, or welfare of the youth or any other person. The director, or designee, shall then promptly disclose such information to the appropriate staff responsible for making classification, assessment, and/or reassessment decisions.
9 NYCRR 7313.8 - Youth classification, initial screening, assessment, and reassessment records
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CMC-27-18-00002-A · Adopted rule
- Related notice published
- Sep 26, 2018
- Related notice effective date
- Sep 26, 2018
(a)Determinations based upon all initial screenings, assessments by the facility, and reassessments of a youth's risk, security and supervision, and special needs requirements shall be made in writing and kept in the youth's file.
(b)The information to be retained in the youth's file shall include, but is not limited to:
(1)the date when the initial screening was completed, including verification that the youth was notified of needs determinations and their implications, if any;
(2)the youth's security and supervision requirements;
(3)any special needs of the youth;
(4)the name of staff responsible for making recommendations based on assessment by the facility or reassessment, and the signature of the director, or designee, making the final determination;
(5)the date of each facility assignment and living unit assignment based upon assessment by the facility and the reassessment process; and
(6)all instruments, forms, and other information used to make or record initial screening, assessments by the facility, and reassessment determinations.
(c)Either a photocopy or a written summary of the information noted in paragraph (b) of this section, and all youth records, shall be sent with every youth when they are transferred to another facility.
(d)Whenever a written summary is sent pursuant to the requirements of subdivision (c) of this section, the name(s) of the staff who prepared the summarized information shall be clearly identified on the form.