New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 180 - Juvenile Detention Facilities Regulations › Subpart 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.5 - Administration and operation of detention

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Administration of detention.
(1)
				  Each county, and the City of New York, shall designate the agency responsible
				  for administering detention on behalf of that jurisdiction, and shall so advise
				  the New York State Division for Youth of such designation.
(2) Governmental agencies appointed as in
				  subdivision (a) of this section may establish and operate detention facilities,
				  pursuant to applicable statutes and regulations, and upon certification by the
				  division.
(3) Agencies responsible
				  for administering detention may contract with public or nonprofit child caring
				  agencies to operate detention facilities, pursuant to applicable statutes and
				  regulations, and upon certification by the division.
(i) Nonpublic agencies shall assure that
				  their corporate purposes authorize operation of detention for PINS and JD's.
				  Organizations seeking to incorporate for the purpose of operating detention
				  facilities must comply with section 460-a  of the Social Services Law.
(ii) Written contracts or agreements shall be
				  required between agencies administering detention and persons or agencies
				  operating detention facilities.
(iii) Contracts between agencies
				  administering detention and persons or agencies operating detention facilities,
				  shall be approved by the division for both programmatic and fiscal
				  provisions.
(iv) Each county, and
				  the City of New York, should take reasonable steps to provide conveniently
				  accessible and adequate nonsecure detention care. Where a county does not have
				  conveniently accessible and adequate nonsecure detention care in conformance
				  with the requirements of section 218-a  of the County Law, or where the City of
				  New York does not have such nonsecure detention care, a formalized arrangement
				  may be made with another county. The fiscal and programmatic provisions of this
				  arrangement must be approved by the division.
(4) Agencies responsible for administering
				  detention shall assure the availability of conveniently accessible adequate
				  detention care for each day of the year. The administrative agency shall
				  provide for adequate available detention care during periods of vacation,
				  sickness or other emergencies, upon approval by the division.
(5) Where a county provides regional
				  detention care, it shall be authorized to designate a maximum number of beds
				  that shall be available to a county.
(6) Staff and volunteers of detention
				  providers shall not engage in or condone discrimination or harassment of youth
				  on the basis of race, creed, color, national origin, age, sex, sexual
				  orientation, gender identity or expression, marital status, religion, or
				  disability. Detention providers shall promote and maintain a safe environment,
				  take reasonable steps to prevent discrimination and harassment against youth by
				  other youth, promptly investigate incidents of discrimination and harassment by
				  staff, volunteers and youth, and take reasonable and appropriate corrective or
				  disciplinary action when such incidents occur. For the purposes of this
				  section,
gender identity or expression
shall mean having or
				  being perceived as having a gender identity, self-image, appearance, behavior
				  or expression whether or not that gender identity, self-image, appearance,
				  behavior or expression is different from that traditionally associated with the
				  sex assigned to that person at birth.
Gender identity
refers
				  to a person's internal sense of self as male, female, no gender, or another
				  gender, and
gender expression
refers to the manner in which a
				  person expresses his or her gender through clothing, appearance, behavior,
				  speech, or other like.