New York Codes, Rules and Regulations (NYCRR)

9 NYCRR 180-3.8

Executive Department

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Executive Department
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Related Register notice
CFS-15-18-00007-A · Adopted rule
Related notice published
Jul 25, 2018
Related notice effective date
Jul 25, 2018

New York State Register CFS-15-18-00007-A

(a)Each facility shall have a policy and procedure for reporting required incidents through the Juvenile Detention Automated System (JDAS) or through any other system or manner as required by OCFS and SCOC.
(b)Definitions.
(1)Critical incident shall mean any occurrence or event within the grounds of the facility, or involving staff, volunteers, youth or visitors or that has an impact on the safety, well-being, functioning or security of the facility or staff, volunteers, youth or visitors.
(2)Non-critical incident shall mean any occurrence or event within the grounds of the facility, or involving staff, volunteers, youth or visitors or that has an impact on the safety, well-being, functioning or security of the facility or staff, volunteers, youth or visitors that is not required to be reported to SCOC.
(3)Incident type shall mean the category of the event as defined by OCFS or SCOC. Each type may have specific sub-types.
(c)Reporting requirements.

Each facility shall report critical and non-critical incidents as defined by OCFS and SCOC using JDAS or other systems as required by OCFS and SCOC. If an incident was also required to be reported to the Vulnerable Persons' Central Register (VPCR) or the Statewide Central Register of Child Abuse and Maltreatment (SCR), then any report required by this section shall indicate when the report was made to the VPCR or SCR and include the number for reference.

(d)Critical incidents must be reported as soon as is practicable, but no later than 24 hours after the event. Critical incidents shall include, but are not limited to, the following incident types:
(1)assaults;
(2)sexual abuse/assault;
(3)employee misconduct;
(4)communicable disease;
(5)contraband;
(6)death;
(7)escape;
(8)fire;
(9)group action;
(10)hostage situations;
(11)disturbances;
(12)disruptions;
(13)natural/civil emergency;
(14)self-harm with physical injury.
(e)Non-critical incidents must be reported within seven days of the incident’s occurrence.

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