New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7332
Executive Department
Browse the NYCRR by title, part, and section.
11 sections
Title 9 is open to everyone.
Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.Source version current through Mar 31, 2022
All 11 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 7332.1 - Policy
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
In order to provide an effective and impartial procedure for the timely resolution of youth complaints, the director shall establish, implement and maintain a formal grievance program. Every effort shall be made to resolve youth complaints in an informal manner.
9 NYCRR 7332.2 - Definitions
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)Grievance shall mean a written youth complaint concerning either written or unwritten facility policies, procedures, rules, practices, programs or the action or inaction of any person within the facility. Dispositions and sanctions resulting from a disciplinary hearing shall not be the subject of a grievance.
(b)Grievant shall mean a youth who has filed a grievance pursuant to this Part.
9 NYCRR 7332.3 - Facility grievance policies and procedures
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)The director shall ensure the development and implementation of written policies and procedures consistent with this Part.
(b)Such policies and procedures shall include, but are not limited to:
(1)a detailed description of grievance program operations including steps, timelines, investigative processes and available internal and external appeal procedures;
(2)staff responsibilities for functions relative to the grievance program;
(3)procedures to ensure grievance program accessibility to youth;
(4)steps to be taken to encourage staff to informally resolve youth complaints;
(5)a statement regarding safeguards for youth against reprisals for having filed a grievance;
(6)procedures for orientation to the grievance program for all facility staff;
(7)procedures for corrective action to be taken when a grievance is found to have merit; and
(8)an annual review of such policies and procedures and revision, if necessary.
9 NYCRR 7332.4 - Facility grievance program requirements
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)Every youth shall be provided access to the facility's grievance program.
(b)Instructions for filing a grievance shall be included in the facility rules and information as required by section 7305.9(a)(14) of this Title.
(c)Every youth shall be advised in writing as to the availability of grievance forms upon admission.
(d)Facility staff shall make forms readily available so that a youth may file a grievance. A youth must file a grievance within 10 days of the date of the act or occurrence giving rise to the grievance.
(e)The director shall designate one or more staff members to act as a grievance coordinator.
(f)The director, or designee, shall ensure that each grievance is investigated to the fullest extent necessary by an impartial person who was not personally involved in the circumstances giving rise to the grievance; provided, however, that a grievance that is too vague to understand may be returned to the youth. Failure to supply sufficient information within five days shall be cause to deny the grievance.
(g)At a minimum, each investigation of a youth’s grievance shall include gathering and assessing the following information:
(1)a description of the facts and issues underlying the circumstances of the grievance;
(2)summaries of all interviews held with the grievant and with all parties involved in the grievance;
(3)copies of pertinent documents; and
(4)any additional relevant information.
(h)Grievances regarding dispositions from disciplinary hearings, issues that are outside the authority of the director to control, or complaints pertaining to youth other than the youth filing the grievance are not grievable, and may be returned to the youth by the grievance coordinator. Such grievances may not be appealed to the director or the citizens' policy and complaint review council.
(i)Within seven business days of the receipt of a grievance, the grievance coordinator shall issue a written determination. Such determination shall specify the facts and reasons underlying the grievance coordinator's determination. A copy of such determination shall be provided to the grievant.
(j)Within five business days after receipt of the grievance coordinator's written determination, the grievant may appeal to the director.
(k)Within seven business days after receipt of a grievance appeal, the director shall issue a determination on the grievance appeal and provide a copy of such determination to the grievant.
(l)If the director finds merit in a grievance, he/she shall direct in writing that appropriate remedies or meaningful relief be provided to the grievant and for all other youth similarly situated.
9 NYCRR 7332.5 - Appeal to the citizens’ policy and complaint review council
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)Within five business days of receipt of the director’s determination, any grievant may appeal any grievance denied by the director, in whole or in part, to the commission’s citizens’ policy and complaint review council by indicating his/her desire to appeal on the grievance form in the space provided for such purpose.
(b)Within three business days of receipt of the grievant's notice of appeal, the grievance coordinator shall submit, in a manner and form prescribed by the commission, the appeal, the accompanying investigation report and all other pertinent documents to the commission's citizens' policy and complaint review council.
(c)The grievance coordinator shall provide the grievant with a receipt indicating the date the appeal was submitted to the citizens' policy and complaint review council.
(d)The citizens' policy and complaint review council shall issue a written determination to the appeal within 45 business days of receipt, copies of which shall be provided to the grievant, the director and the grievance coordinator. If such determination is in favor of the grievant as a matter of law, the chairperson of the citizens' policy and complaint review council shall direct the director to comply with the grievance and provide an appropriate remedy.
(e)The director shall submit verification of compliance with the citizens' policy and complaint review council's determination as directed. Such verification shall be filed with the grievance.
9 NYCRR 7332.6 - Grievance program forms
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
Each facility shall utilize both a grievance form and an investigation report form as provided by the commission.
9 NYCRR 7332.7 - Continuation and termination of grievances
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)If a grievant is released or transferred from a facility prior to the resolution of a grievance, the director shall cause a determination to be made on such grievance pursuant to the requirements of this Part.
(b)If the director denies such grievance, he or she shall submit the grievance to the citizens' policy and complaint review council as set forth in section 7332.5 of this Part.
9 NYCRR 7332.8 - Grievance coordinator responsibilities
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)The grievance coordinator shall act as a liaison between the grievant, the director and the commission in all matters that pertain to the youth grievance program.
(b)The chairperson of the citizen's policy and complaint review council may direct a facility’s grievance coordinator to provide a paper copy of the written determination to the grievant, if still incarcerated in the facility, within one business day of receipt.
9 NYCRR 7332.9 - Assistance to youth
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
If a grievant is non-English speaking, illiterate or if the complexity of the issue(s) makes it unlikely that the youth will be able to adequately present the substance of the grievance, upon the grievant's request the grievance coordinator shall ensure that the grievant is assisted in the preparation of the written grievance and at other stages of the grievance process in which assistance is needed. A grievant may seek the assistance of other youth with the approval of the director.
9 NYCRR 7332.10 - Recordkeeping
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 shall develop a centralized record of all grievances.
9 NYCRR 7332.11 - Staff orientation
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
All facility staff shall receive an orientation to the grievance program.