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New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 7414

Executive Department

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8 sections

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Source version current through Mar 31, 2022

All 8 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7414.1 - Policy

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NYCRR title agency
Executive Department
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Source version current through
Mar 31, 2022
(a)All Office of Children and Family Services (OCFS) secure facility residents shall be provided uniform access to comprehensive mental health services.
(b)Consistent with the requirements of this Part, OCFS shall develop written policies and procedures that govern uniform access and delivery of comprehensive mental health services. Such policies and procedures shall be reviewed annually and updated as needed.

9 NYCRR 7414.2 - Definitions

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NYCRR title agency
Executive Department
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Source version current through
Mar 31, 2022

As used in this Part, the following definitions shall apply to the terms listed below:

(a)Mental health professional shall mean a person licensed or certified by New York State to deliver mental health services.
(b)Mental health services authority or authorities shall mean a mental health professional, or group of professionals, responsible for the management of mental health service delivery at one or more secure facilities.

9 NYCRR 7414.3 - Mental health services authority

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Executive Department
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Mar 31, 2022

OCFS shall establish a mental health services authority or authorities which shall govern all mental health care delivery in secure facilities.

9 NYCRR 7414.4 - Mental health screening

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NYCRR title agency
Executive Department
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Source version current through
Mar 31, 2022

Residents shall receive mental health screening and risk assessment upon admission to a secure facility in order to determine the necessity of an immediate referral to a mental health professional. Mental health assessments and observations shall be incorporated into the classification system, consistent with the requirements of Part 7402 of this Title. Signs, symptoms and behaviors identified by the screening and risk assessment shall be evaluated by an assigned facility counselor to determine if mental health services are required.

9 NYCRR 7414.5 - Mental health services

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NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
(a)Mental health services shall include, but not be limited to: a system of screening, risk assessment, observation, evaluation, diagnosis, treatment and case management.
(b)Each secure facility resident shall receive a psychological evaluation within 30 days of admission to OCFS.
(c)Each secure facility shall operate a suicide prevention program consistent with training approved by the State Commission of Correction (the commission).
(d)Each secure facility shall provide adequate space for residents to be interviewed, evaluated and treated in private.

9 NYCRR 7414.6 - Mental health records

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NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
(a)Mental health records shall be kept confidential in compliance with all applicable laws, rules and statutes.
(b)When residents are transferred to another secure facility or to a Department of Corrections and Community Supervision facility, the resident’s entire mental health record shall be forwarded by the facility director or designee to the receiving facility. The mental health record shall contain:
(1)the name and relationship of a parent, legal guardian or spouse of the resident to be notified in case of the death, serious illness or other serious incident involving the resident;
(2)a record of current medications used for mental health treatment;
(3)all physician’s orders; and
(4)any parental/legal guardian consent(s).

9 NYCRR 7414.7 - Emergency and inpatient mental health services

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NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
(a)OCFS shall have a designated plan with a local mental health provider for resident access to emergency mental health services.
(b)OCFS shall have a written agreement with the Office of Mental Health to provide resident access to inpatient mental health services at certified hospitals.

9 NYCRR 7414.8 - Mental health training for staff

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 31, 2022
(a)All secure facility staff responsible for resident supervision shall be trained to recognize the signs, symptoms and behaviors that may indicate mental illness, developmental disability or chemical dependency.
(b)All secure facility staff responsible for resident supervision shall be trained in a suicide prevention training program approved by the commission.
(c)All secure facility staff responsible for resident supervision shall be trained in procedures to make referrals for mental health services.
(d)All secure facility staff responsible for resident supervision shall receive annual suicide prevention refresher training, and records of such training shall be kept pursuant to section 7433.6 of this Title.

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