9 NYCRR Part 7425 - Executive Department

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Source version current through Mar 31, 2022

All 10 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7425.1 - Policy

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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, the Office of Children and Family Services (OCFS) shall develop written policies and procedures that allow for religious observance at each secure facility. The written policy and procedures shall be reviewed annually and updated as needed.

(b)Residents have a right to hold any religious belief, and to be affiliated with any religious faith.

(c)Residents are entitled to exercise their religious beliefs in a manner that does not constitute a threat to the safety, security or good order of the facility, or the safety, security or health of any person.

(d)No person shall be permitted to proselytize to any resident of an OCFS secure facility.

(e)Consistent with the requirements of subdivision (c) of this section, no resident shall be compelled to or dissuaded from exercising any religious belief.

(f)Equal status and protection shall be afforded all residents in the exercise of their religious beliefs except when such exercise results in facility expenditures which are unreasonable or disproportionate to those extended to other residents for similar purposes.

9 NYCRR 7425.2 - Supervision of residents exercising their religious beliefs

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Dates and status

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

Consistent with the requirements of Part 7404 of this Title, each OCFS secure facility shall maintain adequate supervision during the exercise of religious beliefs by residents.

9 NYCRR 7425.3 - Congregate religious activities

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Dates and status

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

Consistent with the requirements of section 7425.1(c) of this Part, residents shall be permitted to congregate in an appropriate area for the purpose of religious worship and other religious activities.

9 NYCRR 7425.4 - Religious advisors

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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 religious advisor shall mean a person whose ecclesiastical credentials have been approved by the Bureau of Ministerial Services.

(b)Religious advisors shall be permitted to conduct congregate religious activities at least once per week at a time approved by the facility director, or person acting in that capacity.

(c)Consistent with the requirements of section 7425.1(c) of this Part, residents shall be permitted confidential religious counseling on a voluntary basis.

9 NYCRR 7425.5 - Celebration of religious holidays or festivals

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Dates and status

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

Consistent with the requirements of section 7425.1(c) of this Part, residents shall be permitted to celebrate religious holidays or festivals of the religious faith with which they are affiliated.

9 NYCRR 7425.6 - Religious dietary laws

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Dates and status

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

Residents are entitled to observe reasonable dietary laws established by their religion. Each facility shall provide residents with food items reasonably sufficient to meet such religious dietary laws.

9 NYCRR 7425.7 - Change of religion

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Dates and status

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

Residents who are under the age of 18 years shall be permitted to change their religious affiliation only with the consent of the resident’s parent or legal guardian, and upon application to the Bureau of Ministerial Services. Residents over the age of 18 years shall be permitted to change their religious affiliation upon application to the Bureau of Ministerial Services.

9 NYCRR 7425.8 - Religious articles

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Dates and status

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

Consistent with the requirements of section 7425.1(c) of this Part, residents shall be entitled to wear and possess approved religious articles during religious services and in their rooms.

9 NYCRR 7425.9 - Recognition of a religious group or organization

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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’ requests to exercise the beliefs of religious groups or organizations not generally recognized shall be made to the facility director, or person acting in that capacity, for referral to the Bureau of Ministerial Services.

(b)In determining requests made pursuant to subdivision (a) of this section, the Bureau of Ministerial Services shall consider the following factors, among others, as indicating a religious foundation for the belief:

(1)whether there is substantial literature supporting the belief as stated to religious principle;

(2)whether there is formal, organized worship by a recognizable and cohesive group sharing the belief;

(3)whether there is an informal association of persons who share common ethical, moral, or intellectual views supporting the belief; and

(4)whether the belief is deeply and sincerely held by the resident.

(c)In determining requests made pursuant to subdivision (a) of this section, residents shall be permitted to present evidence to the Bureau of Ministerial Services indicating a religious foundation for the belief.

9 NYCRR 7425.10 - Limitations on the exercise of religious beliefs

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Dates and status

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

Any determination made by the facility director, or person acting in that capacity, to limit the exercise of the religious beliefs of any resident shall be made 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.

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