New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7403
Executive Department
Browse the NYCRR by title, part, and section.
10 sections
Title 9 is open to everyone.
Ask LawEngine about the NYCRR →Create a free account →All 23 titles. No credit card required.Source versions current through Mar 31, 2022 - Apr 15, 2022 across sections
Sections in this Part carry different compiled dates; each section shows its own.
9 NYCRR 7403.1 - Policy
Source version current through Mar 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
- Mar 31, 2022
(a)Consistent with the requirements of this Part, the Office of Children and Family Services (OCFS) shall develop written policies and procedures that govern admissions at an OCFS secure facility. The written policies and procedures shall be reviewed annually and updated as needed.
(b)Consistent with the requirements of this Part, OCFS shall develop policies and procedures to require that all residents are admitted to OCFS secure facilities in accordance with law and in a manner which protects the safety of all persons and the security of the facility.
(c)Only residents lawfully committed to, placed in or transferred to an OCFS secure facility shall be admitted to such facility.
9 NYCRR 7403.2 - Authority for admissions
Source version current through Mar 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
- Mar 31, 2022
(a)Prior to the admission of any resident, facility staff performing admission functions shall examine the court order or other documents which serve as the authority for such admission. Residents shall be admitted to a facility only when an examination of resident identification and documentation confirms that a resident’s identity corresponds with any information accompanying such order or document.
(b)The facility director, or person acting in that capacity, shall designate facility staff members to be responsible for admitting residents in accordance with the requirements of this Part.
(c)Persons delivering a resident to an OCFS secure facility shall present identification as required by OCFS.
(d)The admissions process shall include the recording of:
(1)the name of the resident admitted;
(2)the itemization of all documents and property received with the resident;
(3)the date and time of admission; and
(4)the name, title/rank, badge number (if appropriate) and authority of the delivering agent.
9 NYCRR 7403.3 - Identification/documentation
Source version current through Mar 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
- Mar 31, 2022
(a)Consistent with the requirements of this section, identification procedures, including fingerprinting, shall be established for residents of OCFS secure facilities.
(b)All resident fingerprints shall be taken in accordance with the rules and methods prescribed by the New York State Division of Criminal Justice Services.
9 NYCRR 7403.4 - Searches
Source version current through Mar 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
- Mar 31, 2022
Upon admission to an OCFS secure facility, a search shall be conducted to verify that no resident is in possession of contraband. A search shall include, but is not limited to, a strip search. When lawful and warranted, a body cavity search may be conducted pursuant to OCFS regulations.
9 NYCRR 7403.5 - Property confiscation
Source version current through Apr 15, 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
- Apr 15, 2022
(a)Facility staff shall confiscate all contraband and disallowed items from residents admitted to the facility pursuant to Part 7404 of this Title.
(b)All resident property confiscated by facility staff shall be inventoried and recorded in writing. Such inventory shall include:
(1)the name of the resident;
(2)an itemization of each personal property item confiscated with an accurate description of such item;
(3)the date of the confiscation; and
(4)the printed name and signature of staff completing the inventory.
(c)The resident shall verify, by signing the inventory, that such inventory is a complete and accurate itemization of such resident’s confiscated personal property. If, for any reason, a resident is not able to verify, or refuses to verify, that such listing is accurate or complete by signing the inventory, such inventory shall be witnessed and signed by a second facility staff member. The resident shall be given a copy of the signed inventory and at least one copy shall be retained in the facility.
(d)Except as provided in subdivisions (g) and (h) of this section, all property confiscated pursuant to this section shall be kept in a safe and secure area which is accessible only to authorized personnel.
(e)The facility director or assigned personnel shall establish and maintain accurate books of account with respect to any money confiscated pursuant to this Part. Money confiscated pursuant to this section shall be deposited in the resident’s account, and a written receipt shall be provided to the resident.
(f)Personal property not allowed in the facility pursuant to OCFS policy shall be returned to the resident’s parent, legal guardian or spouse at the expense of the facility.
(g)If no parent, legal guardian or spouse is available to receive property, or refuses to receive such property, and if such property cannot be stored within the facility because such storage may present a substantial facility health or sanitation threat, such property may, upon the order of the facility director or person acting in that capacity, be destroyed. Any such order shall be recorded in writing and shall state:
(1)the name of the resident;
(2)the specific property being destroyed;
(3)the time and date of destruction; and
(4)the specific facts and reasons why such property constitutes a facility health or sanitation threat.
(h)The facility director or person acting in that capacity shall not release any confiscated resident property, the possession of which may constitute a criminal offense, to any person except appropriate law enforcement officials. Any such release shall be recorded in writing and shall state:
(1)a description of the property released to law enforcement officials;
(2)the time and date of release;
(3)the name of the resident from whom the property is confiscated; and
(4)the name and organization of the official to whom the property is released.
9 NYCRR 7403.6 - Records
Source version current through Mar 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
- Mar 31, 2022
(a)Each facility shall record and maintain information concerning each resident admitted to an OCFS secure facility.
(b)A record shall be made of the name, address, telephone number, and relationship to the resident of a parent, legal guardian, or spouse to be notified in case of the death, serious illness, or other serious incident involving the resident.
9 NYCRR 7403.7 - Health screening
Source version current through Mar 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
- Mar 31, 2022
A health screening shall be administered by facility staff upon admission or prior to the placement of a resident in a facility housing unit, pursuant to section 7410.9(a)(1) of this Title.
9 NYCRR 7403.8 - Personal hygiene and clothing issue
Source version current through Mar 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
- Mar 31, 2022
Upon admission, all residents shall be provided with personal hygiene items and clothing as required by Part 7419 of this Title.
9 NYCRR 7403.9 - Admission telephone call
Source version current through Mar 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
- Mar 31, 2022
A resident shall be permitted to complete a telephone call to their legal guardian, parent or spouse at facility expense within 24 hours of admission. Upon admission, a resident shall be informed of their right to complete a telephone call.
9 NYCRR 7403.10 - Orientation to facility rules and information
Source version current through Apr 15, 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
- Apr 15, 2022
(a)Upon admission, each facility shall provide to all residents an orientation to services, a written copy of facility rules of conduct and disciplinary procedures. In addition, each facility shall make available other pertinent written information which shall include, but is not limited to, the following:
(1)available health services and procedures for access;
(2)procedures for the use of the telephone;
(3)available exercise, recreation, and leisure activities;
(4)information on any available facility programming, including, but not limited to:
(i)educational programs;
(ii)counseling programs;
(iii)vocational programs; and
(iv)work programs;
(5)commissary operations (if available);
(6)daily program schedule;
(7)information on the behavior management system;
(8)package procedures;
(9)correspondence procedures;
(10)visitation procedures and schedules;
(11)religious services schedules;
(12)grievance procedures;
(13)the availability of an ombudsman;
(14)an explanation of the oversight authority of the State Commission of Correction;
(15)the availability of the minimum standards of the State Commission of Correction chapter that pertains to OCFS secure facilities; and
(16)any additional information the facility director or person acting in that capacity deems necessary.
(b)Reasonable efforts shall be made to assist any resident who appears illiterate, non-English speaking, or for any other reason needs assistance in the understanding and use of necessary facility rules of conduct, facility services, disciplinary procedures and programs, pursuant to Part 7405 of this Title.
(c)Each OCFS secure facility shall mail orientation information describing the availability of services and programs to the parent or legal guardian of each resident.
(d)Facility rules of conduct and information shall be reviewed annually and amended as needed.
(e)The facility director, or person acting in that capacity, shall require that each resident sign a document verifying that such resident has received, and been oriented to, the facility rules of conduct and the availability of other pertinent information required pursuant to this section.
(f)The facility director, or person acting in that capacity, may require that residents return any written information upon release or discharge from the facility.