New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7435
Executive Department
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9 NYCRR 7435.1 - 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)Residents in secure facilities operated by the Office of Children and Family Services (OCFS) shall be permitted to visit family members when the death of a family member is imminent or after death has occurred, subject to the provisions of this Part.
(b)Consistent with the requirements of this Part, OCFS shall develop written policies and procedures that govern deathbed and funeral visits. These policies and procedures shall be reviewed annually and updated as needed.
9 NYCRR 7435.2 - 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
As used in this Part, the term funeral visit shall mean resident attendance at one of the following, at the discretion of the Deputy Commissioner of Rehabilitation Services or designee:
(a)a place of worship, a licensed funeral home, or other appropriate memorial service; or
(b)as a rare exception, an interment held at the gravesite, only when the resident is unable to pay final respects as specified in subdivision (a) of this section.
9 NYCRR 7435.3 - Legal requirements and eligibility
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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)At the discretion of the Deputy Commissioner of Rehabilitative Services or designee, when the death of a resident’s mother, father, legal guardian, brother, sister, spouse, child, grandparent, ancestral uncle or ancestral aunt is imminent, the resident shall be permitted to visit or make a funeral visit of such individual.
(b)Such visits shall be permitted only within New York State.
9 NYCRR 7435.4 - Assessment and processing of visit requests
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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)OCFS shall implement a procedure for the expeditious review, assessment and approval of requests made by the resident, or other person, that the resident be permitted to visit the deathbed of, or make a funeral visit to, a designated family member.
(b)Deathbed visits may only take place at recognized health care facilities. Deathbed or funeral visits shall not be permitted in private homes.
(c)Prior to approving any such request, the facility director, or person acting in that capacity, shall verify:
(1)that the person to be visited is one of the persons specified in section 7435.3 of this Part;
(2)that the claim of imminent death is legitimate; and
(3)that the resident wishes to have such a visit, if the request was made by someone other than the resident.
(d)The facility director, or person acting in that capacity, shall assess the potential security risks associated with the visit by considering the following factors:
(1)the offense for which the resident was committed to OCFS and circumstances surrounding such offense;
(2)the criminal history, escape history or attempted escape history of the resident;
(3)whether the resident’s presence at the visit may constitute a threat to the resident or any other person present because of:
(i)the involvement of a member of the resident’s family in the offense committed by the resident; or
(ii)other persons who may be present at the deathbed visit or funeral;
(4)the mental stability of the resident, including the resident’s mental health history and the potential effect of the visit on the resident;
(5)the medical condition of the resident;
(6)the method of transport or escort required; and
(7)any other relevant circumstances specific to the resident or situation.
(e)After considering all of the factors specified in this section, the Deputy Commissioner of Rehabilitative Services, or designee, shall approve or deny the visit. Such determination shall be made as soon as possible given the circumstances surrounding the deathbed or funeral visit.
(f)After such determination has been made, the resident and any person requesting the visit shall be informed of the decision.
(g)If the visit is denied, the resident shall be immediately informed of the denial and given the opportunity to discuss the response with the facility director or designee. Any such denial shall, as soon as practical, be documented and the resident shall be informed in writing.
9 NYCRR 7435.5 - Security and supervision requirements
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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)A resident shall be under constant supervision at all times during their absence from a secure facility due to a deathbed or funeral visit. The facility director, or person acting in that capacity, shall determine:
(1)the appropriate number of staff assigned to accompany the resident on the visit, at least one of which shall be the same gender as the resident;
(2)the method of transportation and the vehicle to be used;
(3)the procedures for the use of restraint equipment;
(4)special procedures which are necessary due to the medical condition or mental health of the resident and the specific steps to be followed;
(5)the route to be followed and the itinerary for the trip; and
(6)any other special instructions concerning the visit.
(b)Prior to the deathbed or funeral visit, staff assigned to supervise such visit shall be thoroughly briefed concerning security measures and special instructions, and given all pertinent information regarding the family and circumstances surrounding the visit so that staff may employ good judgment in conducting the visit.
(c)Prior to the deathbed or funeral visit, the resident shall be instructed to surrender any secure facility identification cards and be thoroughly instructed regarding conduct, rules, and restrictions during the visit, and advised on the use of restraints.
(d)Staff shall escort a resident only to destinations approved by the facility director, or person acting in that capacity, during the visit.
(e)Except as specified in section 7435.6 of this Part, during a deathbed or funeral visit, a resident shall not be permitted to accept any food, beverages, gifts, or money from family, friends, or other members of the public.
9 NYCRR 7435.6 - Food, lavatory, and lodging stops
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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 participating in deathbed or funeral visits shall be given the opportunity to eat during regular meal times.
(b)Lavatory stops shall be made only as the need arises and as security permits. Whenever possible, such stops shall be made at facilities approved by OCFS.
(c)If it is not possible to utilize a secure facility, every attempt shall be made to utilize facilities with as little public presence and access as possible.
(d)If a deathbed or funeral visit requires a resident’s absence from a secure facility overnight, the resident shall be housed at facilities approved by OCFS.
9 NYCRR 7435.7 - Staff conduct and resident attire
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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)While accompanying a resident on a deathbed or funeral visit, staff shall be dressed in appropriate attire, conduct themselves in a professional, courteous manner toward the public and the resident, and cause as little public display as possible.
(b)Any search of the resident or use of restraints by staff during deathbed or funeral visits shall be conducted in an inconspicuous manner which minimizes public attention, unless security considerations require otherwise.
(c)At no time shall staff accept food, beverages, gifts or money from the resident’s family or any other member of the public.
(d)Residents shall be permitted to wear appropriate clothing during deathbed or funeral visits.
9 NYCRR 7435.8 - Duration 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)Except as otherwise provided in subdivisions (c) and (d) of this section and absent emergency circumstances which could cause security-related problems, residents attending deathbed visits shall be permitted to visit family members for one hour, excluding the time taken to transport the resident to and from the visit.
(b)The facility director, or designee, has the authority to limit such a visit to less than one hour or to terminate such visit if in his or her opinion the safety, security or welfare of the resident, staff, or any member of the public is at risk.
(c)If a determination is made by the attending physician or other health services staff that a deathbed visit would jeopardize the health of the ill family member or the resident, or if hospital regulations restrict the length of the visit, such visit may be denied or modified as so recommended or required.
9 NYCRR 7435.9 - Reportable incidents
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
If a reportable incident occurs while a resident is absent from a secure facility due to a deathbed or funeral visit, OCFS shall report such incident to the State Commission of Correction (the commission) pursuant to the requirements of Part 7406 of this Title.
9 NYCRR 7435.10 - Records
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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 written record of all requested deathbed and funeral visits shall be maintained by each secure facility.