9 NYCRR Part 7421 - Executive Department

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Source version current through Mar 31, 2022

All 5 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7421.1 - Policy

Later State Register activity may affect this section.

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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)Residents placed in a secure facility operated by the Office of Children and Family Services (OCFS) shall be allowed access to legal services for the purpose of:

(1)legal preparation with respect to any civil action or proceeding relating to the resident’s conditions of confinement or criminal action or proceeding; and

(2)at the discretion of the facility director, or person acting in that capacity, legal preparation with respect to any matter.

(b)Consistent with the requirements of this Part, OCFS shall develop written policies and procedures that govern residents’ access to legal services. These policies and procedures shall be reviewed annually and updated as needed.

(c)As used in this subtitle, legal services shall include access to:

(1)legal counsel; and

(2)the Ombudsman.

9 NYCRR 7421.2 - Definitions

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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)As used in this Part, the term legal counsel shall mean:

(1)any attorney authorized to practice law in New York State or in any jurisdiction where a resident has a legal action, proceeding or other legal matter pending; and

(2)a law student, law clerk, or paralegal acting under the supervision of and with the written authorization of an attorney who meets the requirements of paragraph (1) of this subdivision.

(b)Nothing in this Part shall be construed as requiring OCFS to provide a resident with legal counsel at facility expense.

9 NYCRR 7421.3 - Access to legal counsel

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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)Consistent with the requirements of this Part, all residents shall have access to legal counsel. Such access shall include telephone communications and visits between residents and their legal counsel at times not unduly disruptive of facility routine.

(b)Visits or telephone communications between residents and their legal counsel shall not be monitored except visually.

(c)Access to legal counsel shall be made available at the request of legal counsel, the resident, the resident’s parent(s), legal guardian or spouse.

9 NYCRR 7421.4 - Notary public

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022

Each secure facility shall make available the services of a notary public to the residents within 72 hours after a resident’s request for notarization or attestation of their signature.

9 NYCRR 7421.5 - Limitation on legal services

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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 resident’s access to legal services, as defined in this Part, shall not be denied, revoked or limited.

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