New York regulations
Title 9 Part 7402
Executive Department
Browse New York regulations by title, part, and section.
7 sections1 source-only entry
You’re browsing Title 9 — free.
Read the source-transparency report →Create a free account (no card) to open all 23 titles →Compiled text through Mar 31, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.
9 NYCRR 7402.1 - Policy
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)In order to provide for the effective management of secure residential populations in a safe and secure environment, the Office of Children and Family Services (OCFS) shall establish, implement, and maintain a formal and objective system for the consistent classification of all secure facility residents.
(b)Consistent with the requirements of this Part, OCFS shall develop and implement a classification system that provides a mechanism for resident initial screening upon reception into OCFS, assessment of the resident by the facility, and resident reassessment to identify the special needs and risk, security and supervision requirements of residents in order to determine an appropriate secure facility and living unit assignment.
9 NYCRR 7402.2 - Definitions
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
As used in this Part, the following definitions shall apply to the terms listed below:
(a)Classification shall mean the documented process of assigning residents to an appropriate secure facility and living unit by determining risk, security and supervision requirements, and the special needs of residents based on the initial screening and assessment by the facility.
(b)Formal and objective system shall mean a procedure for determining and documenting a resident’s appropriate living unit assignment which utilizes standard and objective criteria and methods.
(c)Initial screening shall mean a documented preliminary determination of a resident’s risk, special needs, and security and supervision requirements upon admission to OCFS.
(d)Assessment by the facility shall mean a documented standardized evaluation of a resident upon admission to a secure facility to determine the appropriate living unit assignment based on a resident’s risk, security and supervision, and special needs requirements.
(e)Living unit assignment shall mean the documented assignment of the resident to a living unit pursuant to the assessment by the facility.
(f)Resident reassessment shall mean any documented review of an assessment of a resident’s risk, security and supervision, and special needs made subsequent to a resident’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.
(h)Detention facility shall mean any place used for the temporary confinement, pursuant to an order of a court, of a person charged with being or adjudicated a juvenile offender or juvenile delinquent as provided for in section 503 of the Executive Law.
9 NYCRR 7402.3 - Policies and procedures
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(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 by the facility and reassessment, including, but not limited to, the determination of risk, security and supervision requirements and resident 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 by the facility and reassessments made subsequent to initial screening for the assignment of residents to an appropriate living unit;
(5)notification to the resident of all living unit and program assignments based upon assessment by the facility and reassessment process; and
(6)procedures governing the disclosure of information contained in the resident medical and mental health records by the facility medical director and/or mental health supervisory staff pursuant to section 7402.7 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 7402.4 - Initial screening and assessment by the facility
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Upon admission to OCFS, an initial screening shall be administered to each secure facility resident in order to make a preliminary determination of the resident’s risk, security and supervision, and special needs requirements. Such initial screening documents shall be forwarded to the receiving security facility.
(b)Upon admission to a secure facility, each resident shall be administered an assessment which shall consist of a facility interview, visual assessment and review of the commitment documents. Such assessment by the facility shall occur immediately upon a resident’s admission.
(c)Assessment instrument(s) shall be utilized by the facility to elicit and record information on each secure resident relating to the following:
(1)visible injury or injuries;
(2)medical conditions requiring immediate treatment;
(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 residents;
(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; and
(12)any other relevant information concerning the safety or welfare of the resident.
(d)An immediate decision concerning further assessment of each resident 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 7402.5 - Assignment to facility living unit upon facility admission
Source text available - table layout pending
LawEngine holds a witnessed source copy of this section. We are not showing the text inline until its table/list layout can be preserved exactly. We checked the State Register through July 29, 2026/Vol. XLVIII, Issue 30; no later activity found for this section.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source-only entry
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
9 NYCRR 7402.6 - Reassessment review
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)The facility director, person acting in that capacity, or designee shall review or revise as necessary, pursuant to the requirements of section 7402.5 of this Part, a resident’s risk, security and supervision and special needs requirements when one or more of the following conditions occur:
(1)the resident is involved in a serious unusual incident or exhibits other adjustment problems which threaten the resident’s safety or the safety, security or good order of the facility;
(2)a written request, including justification, is made by staff to alter or review the resident’s risk, security and supervision, and special needs requirements based on new information or exhibited positive or negative behavior; or
(3)the facility medical director or mental health supervisory staff discloses relevant information about the resident, pursuant to section 7402.7 of this Part, which has not already been considered in determining the resident’s risk, security and supervision, and special needs requirements.
9 NYCRR 7402.7 - Confidentiality and disclosure of resident medical and mental health records
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Each secure facility shall adhere to the requirements of section 7410.23 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 164 of this Title to ensure the confidentiality of a resident’s medical, mental health, and facility records.
(b)The facility director of each secure facility shall make provisions for maintaining all medical and mental health records in confidential files separate from other residents’ records at the secure facility.
(c)Except as otherwise prohibited or restricted by law, the facility medical director and/or mental health supervisory staff of each secure facility shall promptly disclose to the facility director, person acting in that capacity or designee information received concerning a resident which is or may be relevant in determining the resident’s risk, security and supervision and special needs requirements, or may affect the life, safety, or welfare of the resident or any other person. The facility director, person acting in that capacity or designee shall then promptly disclose information appropriate to the staff responsible for making classification, assessment, and/or reassessment decisions.
9 NYCRR 7402.8 - Resident classification, initial screening, assessment, and reassessment records
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Determinations based upon all initial screenings, assessments by the facility, and reassessments of a resident’s risk, security and supervision, and special needs requirements shall be made in writing and kept in the resident’s file.
(b)The information to be retained in the resident’s file shall include, but is not limited to:
(1)the date when the initial screening was completed, including verification that the resident was notified of needs determinations and their implications, if any;
(2)the resident’s criminal history;
(3)the resident’s security and supervision requirements;
(4)any special needs of the resident;
(5)the name of staff responsible for making recommendations based on assessment by the facility or reassessment, and the signature of the facility director or designee making the final determination;
(6)the date of each facility assignment and living unit assignment based upon assessment by the facility and the reassessment process; and
(7)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 on a form developed for this purpose of the information noted in paragraphs (2), (3) and (6)(b) of this section and all resident records shall be sent with every resident when they are transferred to another secure 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.