New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7422
Executive Department
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8 sections
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9 NYCRR 7422.1 - Policy
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)All Office of Children and Family Services (OCFS) secure facility residents shall be entitled to receive visits.
(b)Consistent with the requirements of this Part, OCFS shall develop written policies and procedures that govern visitation at each secure facility. These written policies and procedures shall be reviewed annually and updated as needed.
9 NYCRR 7422.2 - Visiting area
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 secure facility shall provide sufficient space for a visiting room or an area designed to allow for physical contact between residents and their visitors.
(b)Each secure facility shall provide for the proper storage of visitors’ coats, handbags and other personal items not allowed into the visiting area.
9 NYCRR 7422.3 - Availability of visits
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 secure facility shall grant residents the right to receive visits, subject only to the limitations pursuant to section 7422.7 of this Part.
(b)The facility director, or person acting in that capacity, shall establish and publish a schedule of visitation that permits each resident to have the opportunity for at least two hours of visitation per week.
(c)Residents shall be permitted to visit more than one visitor at the same time, with the maximum number of visitors to be determined by the facility director, or person acting in that capacity.
(d)Each secure facility shall provide information to visitors about transportation to the facility and facilitate transportation between the facility and nearby public transit terminals.
9 NYCRR 7422.4 - Visitor identification and registration
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, a resident shall be entitled to receive visitors only from their immediate family, foster parent(s), legal counsel and representatives of the Ombudsman’s office. For the purpose of this Part, immediate family shall include parents or legal guardians, grandparents, siblings, aunts, uncles, children, and spouse. A prospective visitor who is under 18 years of age may be restricted from visiting a resident if they are not accompanied by an approved adult visitor.
(b)Each secure facility shall verify the identity of each prospective visitor.
(c)At each secure facility staff shall record the following information for each prospective visitor:
(1)the visitor’s name;
(2)the date;
(3)the time of entry and the time of exit;
(4)the name of the resident to be visited; and
(5)the visitor’s relation to the resident.
9 NYCRR 7422.5 - Contact visits
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 subdivision (b) of this section, physical contact shall be permitted between a resident and their visitors.
(b)Residents and their visitors shall be required to conduct themselves in an appropriate manner and consistent with reasonable standards of public decency.
9 NYCRR 7422.6 - Visitation security and supervision
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 and subsequent to each visit, all residents shall be searched solely to verify that they are not in possession of contraband.
(b)All prospective visitors and any personal effects brought into the visiting area shall be searched solely for contraband.
(c)A search of the visiting area shall be conducted prior and subsequent to each visiting period and such search shall be recorded.
9 NYCRR 7422.7 - Limitation of visitation
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 visitation of a resident with a particular visitor may be denied, revoked or limited only when it is determined that such visitation would cause a threat to the safety, security or good order of the facility or the safety, security or health of the resident or be detrimental to the resident’s treatment and rehabilitation program.
(b)Any determination to deny, revoke or limit a resident’s visitation pursuant to this section shall be made by the facility director, or person acting in that capacity, in writing, and shall state the specific facts and reasons underlying such determination. A copy of this determination shall be given to any person affected by the determination.
9 NYCRR 7422.8 - Special visits
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
Each secure facility shall implement procedures that govern special visits and the conditions of such visits. Such visits shall include, but not be limited to, visits from persons who have traveled long distances, visits to hospitalized residents, visits to residents on modified services program status, non-contact visits, and visits between residents and their attorneys.