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 180-3 - Specialized Secure Detention Facilities › Section 180-3.17 - Room Confinement

Current through Register Vol. 46, No. 28, July 10, 2024
A specialized secure detention facility shall develop a
					 written policy and procedure to be approved by OCFS and SCOC that sets forth
					 the following principles for the use of room confinement:
(a) Room confinement means confinement of a
				  youth in a bedroom or other room specifically designed and designated for such
				  use to calm and control acute physical behavior of that youth that presents an
				  immediate risk of physical injury to the youth or others, when no less
				  restrictive intervention has been, or is likely to be effective in averting
				  danger.
(b) Room confinement shall
				  only be authorized, in writing, as soon as practicable by the facility director
				  or the facility director's designee and shall contain the reasons and grounds
				  for confinement.
(c) Any
				  restrictions regarding the use of room confinement for medical or mental health
				  reasons will be noted on the youth's individualized plan that staff must
				  familiarize themselves with and follow.
(d) Staff shall engage in ongoing crisis
				  intervention techniques with the youth with the goal of releasing the youth
				  from confinement as quickly as possible.
(e) A youth shall be released from room
				  confinement as soon as it is determined that the youth no longer poses an
				  immediate risk of physical injury to self or others.
(f) Youth who are on suicide watch or any
				  mental health, one-to-one (1:1) watch for whom room confinement is being used
				  as an approved part of their individualized plan shall be under constant direct
				  supervision through the door's viewing panel.
(g) Any youth placed in room confinement
				  while wearing mechanical restraints shall be under constant direct supervision
				  through the door's viewing panel. Mechanical restraints shall be removed as
				  soon as it is assessed that it is safe to do so.
(h) Room confinement shall not be used for
				  punishment, retaliation, discipline, administrative convenience or
				  harassment/embarrassment of youth.
(i) The place of confinement shall be
				  furnished with the items necessary for the health and comfort of the occupant,
				  including but not limited to a bed, chair, desk or chest, mattress, pillow,
				  sheet and blanket. If the presence of any of these items would be detrimental
				  to the safety of the occupant or others, they may be removed during the period
				  of confinement upon authorization of the facility director.
(j) The designated place of confinement shall
				  be lighted, heated and ventilated in parity with the other comparable living
				  areas in the facility.
(k) For
				  youth not otherwise under constant supervision as defined in paragraphs (f) and
				  (g) of this section, staff will be within sight and sound of the confinement
				  room, conduct visual observation through the viewing panel of the door at least
				  every fifteen (15) minutes. Such observations will be recorded, including the
				  time and staff member conducting the checks.
(l) Administrative staff shall check at
				  specified intervals of not more than two (2) hours to determine whether the
				  youth can be released from room confinement. Any continuation of room
				  confinement past four (4) hours must be authorized by the director of the
				  facility or designee, and must be re-authorized for every additional four hour
				  interval.
(m) Any youth in
				  confinement for eight (8) hours must be seen by a mental health and medical
				  provider, and every eight (8) hours thereafter until no longer in
				  confinement.
(n) A review of the
				  necessity for continued confinement of each youth shall be made every eight (8)
				  hours by the facility director or designee, to effectuate the return of the
				  youth to the regular program or to determine any other appropriate actions to
				  de-escalate the situation and to reduce the danger to the youth or
				  others.
(o) Any youth for whom room
				  confinement has been used for twenty-four (24) hours within a forty-eight (48)
				  hour period must be reported to OCFS in the manner required.
(p) Meals/snacks served to youth in room
				  confinement shall be identical in both quality and quantity to those served to
				  the general population. Meals/snacks will be served at the regularly scheduled
				  time as permissible.
(q) Each
				  facility shall submit to OCFS, at least monthly, reports in the manner and time
				  frames required the following information:
(1) the number of youth who have been placed
				  in room confinement;
(2) the name
				  of youth placed in room confinement;
(3) the length of room confinement;
(4) the official authorizing the room
				  confinement;
(5) the names of
				  administrative or social work staff and medical staff assessing each such
				  youth, and the times and dates of the assessment visits.