reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-1 - Child Abuse Prevention And Remediation › Section 166-1.4 - Prevention and remediation procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The Office of Children and Family Services shall develop
					 written procedures, available onsite at each residential facility or program,
					 for the protection of program participants when there is reason to believe an
					 incident has occurred which would render program participants abused or
					 neglected as defined in section 488  of the Social Services Law. Such procedures
					 shall include, but not be limited to, the following:
(a)
Notifications.
Immediate notification of suspected incidents of abuse,
					 neglect or significant incidents shall be made to:
(1) the Vulnerable Person's Central Register
				  as required in section 491  of the Social Services Law;
(2) local law enforcement officials, if it
				  appears likely that a crime has been committed against a child, or confirm that
				  such notification has already been made; and
(3) the Office of Children and Family
				  Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-1 - Child Abuse Prevention And Remediation › Section 166-1.5 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Staff
				  training.
Subject to the amounts appropriated therefor, child abuse
					 prevention training shall be provided to all administrators, employees and
					 volunteers on a regular basis, but at least annually. Priority shall be given
					 to the training of administrators, employees and volunteers who have the
					 potential for regular and substantial contact with the youth in residential
					 care.
(1) The purpose of such training
				  shall be to increase participants' level of awareness, encourage positive
				  attitudes and enhance knowledge and skill development in at least the following
				  areas:
(i) child abuse prevention and
				  identification;
(ii) safety and
				  security procedures;
(iii)
				  principles of child development;
(iv) characteristics of the youth in
				  care;
(v) techniques of group and
				  child management, including crisis intervention;
(vi) laws, regulations and procedures
				  governing the protection of children from abuse and maltreatment, including
				  reporting responsibilities; and
(vii) relevant information which shall be
				  provided on a regular basis by the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-1 - Child Abuse Prevention And Remediation › Section 166-1.6 - Abuse, neglect and significant incidents

Current through Register Vol. 46, No. 28, July 10, 2024
All residential facilities operated by the Office of
					 Children and Family Services for juvenile delinquents or juvenile offenders
					 placed in the custody of the Commissioner of the Office of Children and Family
					 Services shall be subject to and must comply with the requirements as set forth
					 in 18 NYCRR Part 433 and any other applicable regulations including, but not
					 limited to, 14 NYCRR Parts 703-704.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-2 - Public Access To Records › Section 166-2.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to set forth regulations and
					 procedures governing the availability of records of the Division for Youth,
					 pursuant to the provisions of article 6 of the Public Officers Law, known as
					 the Freedom of Information Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-2 - Public Access To Records › Section 166-2.2 - Restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
Records, reports and files of children who are or who have
					 been under the care or supervision of the Division for Youth, other than those
					 exceptions set forth in section
					 168.7 of this Subtitle, entitled
					 "Confidentiality of Division for Youth records," may not be disclosed in whole
					 or in part to any person, agency or institution, other than the Division for
					 Youth and the New York State Family Courts.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-2 - Public Access To Records › Section 166-2.3 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
The Director of the Division for Youth designates the
					 following person as the records access officer:
General Counsel
New York State Division for Youth
84 Holland Avenue
Albany, NY 12208
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-2 - Public Access To Records › Section 166-2.4 - Designation of fiscal officer

Current through Register Vol. 46, No. 28, July 10, 2024
The director of personnel of the Division for Youth is
					 hereby designated as the fiscal officer responsible for certifying the payroll
					 of the Division for Youth for the purposes of this Part and in order to comply
					 with section 88 (1)(g)  of the Public Officers Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-2 - Public Access To Records › Section 166-2.5 - Location of records

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and
					 copying in the following locations:
(a) New York State Division for Youth
84 Holland Avenue
Albany, NY 12208
(b) New York State Division for Youth
Adam Clayton Powell, Jr. State Office Building
163 West 125th Street
14th Floor
New York, NY 10027
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-2 - Public Access To Records › Section 166-2.6 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
					 records shall be produced between the hours of 8:30 a.m. and 5 p.m. on all days
					 when such locations are regularly open for business.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-2 - Public Access To Records › Section 166-2.7 - Procedure for requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  requests for inspection of records or copies of records, other than for payroll
				  information specified in section 88, subdivision (1)(g) of the Public Officers
				  Law, shall be directed either orally or in writing to the Division for Youth
				  records access officer. All requests for payroll information:
(1) shall be directed to the person
				  designated as fiscal officer for the purpose of this Part;
(2) shall be in writing;
(3) shall be on a form to be prescribed by
				  the Comptroller of the State of New York; and
(4) shall be reasonable and specify what
				  records are to be requested with particularity.
Payroll records may be inspected under the supervision of
					 the aforesaid fiscal officer's office and only in the fiscal officer's office
					 during regular working hours and regular working days or at such other place as
					 may be convenient to the fiscal officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-2 - Public Access To Records › Section 166-2.8 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
When the records access officer denies a request for a
					 record in whole or in part, the denial:
(a) shall be in writing;
(b) shall state the reason therefor;
				  and
(c) shall advise the requestor
				  of the right to appeal.
Failure to respond to or to acknowledge a request within
					 the time limitations set forth herein shall be deemed a denial of the request.
					 When the records access officer has denied a request in whole or in part, the
					 requestor may appeal such denial to the Director of the Division for
					 Youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-2 - Public Access To Records › Section 166-2.9 - Procedure for appeal

Current through Register Vol. 46, No. 28, July 10, 2024
The appeal of a denial of access to records shall be in
					 writing and shall include the following information:
(a) the date of the appeal;
(b) the date and location of the request for
				  records;
(c) the records to which
				  the requestor was denied access;
(d) whether the denial of access was in
				  writing or was by failure to provide records promptly as required by section
				  166-1.7(b) of this
				  Subpart; and
(e) the name and
				  return address of the requestor.
The director or his designated representative shall forward
					 to the Committee on Open Government a copy of the appeal immediately upon
					 receipt. The Director of the Division for Youth or his designated
					 representative will act upon the appeal within 10 business days of its receipt.
					 The decision shall be in writing. Upon making a determination, a copy of the
					 decision and the reasons set forth shall also be forwarded to the Committee on
					 Open Government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-2 - Public Access To Records › Section 166-2.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall
				  be no fees charged for:
(1) inspection of
				  records;
(2) search for records;
				  or
(3) certification that a
				  transcript is a true copy of records copied, that the division is not the legal
				  custodian for the records sought or that the records, which are in the custody
				  of the division, cannot be found.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-2 - Public Access To Records › Section 166-2.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Subpart or the application thereof
					 to any person or circumstance is adjudged invalid by a court of competent
					 jurisdiction, such judgment shall not affect or impair the validity of the
					 other provisions of this Subpart or the application thereof to other persons
					 and circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.1 - Statutory authority

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart is adopted pursuant to the Personal Privacy
					 Protection Law (Public Officers Law, article 6-A).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Subpart:
(a)
Division
means the
				  Division for Youth.
(b)
Committee
means the Committee on Open Government.
(c)
Data subject
means any
				  natural person about whom personal information has been collected by the
				  division.
(d)
Disclose
means to reveal, release, transfer, disseminate or
				  otherwise communicate personal information or records orally, in writing or by
				  electronic or any other means, other than to the data subject.
(e)
Personal information
means any information concerning a data subject which, because of name, number,
				  symbol, mark or other identifier, can be used to identify that data
				  subject.
(f)
Record
means any item, collection or grouping of personal
				  information about a data subject which is maintained and is retrievable by use
				  of the name or other identifier of the data subject. The term
record
shall not include personal information which is not
				  used to make any determination about the data subject if it is:
(1) a telephone book or directory which is
				  used exclusively for telephone and directory information;
(2) any card catalog, book or other resource
				  material in any library;
(3) any
				  compilation of information containing names and addresses only which is used
				  exclusively for the purpose of mailing agency information;
(4) personal information required by law to
				  be maintained, and required by law to be used, only for statistical research or
				  reporting purposes;
(5) information
				  requested by the agency which is necessary for the agency to answer unsolicited
				  requests by the data subject for information; or
(6) correspondence files.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.3 - Personal privacy protection officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  director of the division designates the following person as the personal
				  privacy protection officer:
Director of Human Resources Management
New York State Division for Youth
84 Holland Avenue
Albany, NY 12208
The personal privacy protection officer is responsible for
					 ensuring that the agency complies with the provisions of the Personal Privacy
					 Protection Law and the regulations set out herein.
(b) The personal privacy protection officer
				  shall make appropriate responses to requests for access to, or amendment,
				  correction or disclosure of records as provided in this Subpart. The personal
				  privacy protection officer shall also:
(1)
				  maintain a current list of division records that contain personal information
				  retrievable by use of a data subject's name or other identifier;
(2) provide assistance to data subjects
				  seeking to learn whether the division maintains records pertaining to
				  them;
(3) coordinate the
				  development of written materials for division employees which explain their
				  responsibilities under article 6-A of the Public Officers Law and this
				  Subpart;
(4) ensure that the
				  provisions of this Subpart are applied to any contract executed for the
				  operation of a system of records, or for research, evaluating or
				  reporting;
(5) coordinate the
				  development of any additional administrative, technical and physical safeguards
				  to ensure the security of records; and
(6) coordinate the development of privacy
				  impact statements and supplemental statements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.4 - Privacy impact statement; supplemental statement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before
				  instituting a system of records, a privacy impact statement shall be submitted
				  for review to the committee, which shall include the following information:
(1) the name of the unit within the division
				  that will maintain the system of records, and the name or title of the system
				  of records;
(2) the title and
				  business address of the unit official responsible for the system of
				  records;
(3) where applicable, the
				  procedures by which a data subject may gain access to personal information
				  pertaining to such data subject in the system of records and the procedures by
				  which a data subject may seek to amend or correct its contents;
(4) the categories and the approximate number
				  of persons on whom records will be maintained in the system of
				  records;
(5) the categories of
				  information which will be collected and maintained in the system of
				  records;
(6) the purposes for which
				  each category of information within the system of records will be collected and
				  maintained;
(7) the disclosures of
				  personal information within the system of records that will regularly be made
				  for each category of information, and the authority for such
				  disclosures;
(8) the general or
				  specific statutory authority for the collection, maintenance and disclosure of
				  each category of information, and the authority for such disclosures;
(9) policies governing retention and timely
				  disposal of information within the system of records;
(10) each and every source for each category
				  of information within the system of records;
(11) a statement indicating whether the
				  system of records will be maintained manually, by automated data system, or
				  both; and
(12) any other
				  information required by rule of the committee adopted pursuant to the Public
				  Officers Law, section 93(4).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.5 - Standards for maintaining records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except when
				  a data subject provides unsolicited personal information, only such personal
				  information which is relevant and necessary to accomplish a purpose required to
				  be accomplished by statute or executive order, or to implement a program
				  specifically authorized by law shall be maintained in records.
(b) All records used to make any
				  determination about any data subject shall be maintained with accuracy,
				  relevance, timeliness and completeness.
(c) No record pertaining to a data subject
				  shall be modified to avoid the provisions of this Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.6 - Collection of information to be included in records; notification to data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Personal
				  information to be included in records shall be collected directly from data
				  subjects whenever practicable, except when collected for the purpose of making
				  quasi-judicial determinations.
(b)
				  Each data subject who is requested to supply information to be maintained in a
				  record, at the time of the initial request, shall be provided with a notice
				  containing the following information:
(1) the
				  name of the unit within the division that is requesting the personal
				  information, and the name or title of the system of records in which such
				  information will be maintained;
(2)
				  the title, business address and telephone number of the unit official who is
				  responsible for the system of records;
(3) the authority granted by law, which
				  authorizes the collection and maintenance of the information;
(4) the effects on the data subject, if any,
				  of not providing all or any part of the requested information;
(5) the principal purpose or purposes for
				  which the information is being collected; and
(6) the uses which may be made of the
				  information pursuant to the Public Officers Law, section 96(b), (e) and
				  (f).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.7 - Retention and disposal of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All records
				  shall be retained until disposed of in accordance with this section.
(b) All records shall be disposed of only in
				  accordance with Part 295 of this Title.
(c) No record shall be destroyed to avoid the
				  provisions of this Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.8 - Requests in relation to records

Current through Register Vol. 46, No. 28, July 10, 2024
All requests for access to, or correction or amendment of
					 records shall be in writing and shall describe the record with reasonable
					 specificity. Requests shall be accepted during the regular business hours of
					 the division (8:30 a.m.-5 p.m., Monday-Friday, excluding holidays) at the
					 offices of the division at 84 Holland Avenue, Albany, NY 12208. All requests
					 shall be referred to the personal privacy protection officer. No request shall
					 be complete until verified as follows:
(a) Requests delivered by mail shall be
				  acknowledged before a notary public. Upon receiving such a request which is not
				  acknowledged, the personal privacy protection officer shall return the request
				  to the sender and notify the sender that the request may not be acted upon
				  until acknowledged.
(b) Requests
				  delivered in person shall either be acknowledged or the requester shall present
				  at least one form of identification (
e.g.,
driver's license,
				  credit card); the personal privacy protection officer shall note on the request
				  the type of any identification presented and any unique number or other
				  identifier.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.9 - Access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within five
				  business days of the receipt by the division of a request for access to a
				  record, the personal privacy protection officer shall make such record
				  available to the data subject, deny such request in whole or in part and
				  provide the reasons therefor in writing, or furnish a written acknowledgment of
				  the receipt of such request and a statement of the approximate date when such
				  request will be granted or denied, which date shall not exceed 30 days from the
				  date of the acknowledgment.
(b) The
				  personal privacy protection officer shall not be required to provide a data
				  subject with access to a record if:
(1) the
				  division does not have the possession of the record;
(2) the record cannot be retrieved by use of
				  the data subject's description thereof, or by use of the name or other
				  identifier of the data subject, or without the use of extraordinary search
				  methods;
(3) access to the record
				  is not required to be provided pursuant to the Public Officers Law, section
				  95(5), (6) or (7); or
(4) the
				  record is that of a youth placed with the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.10 - Correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30
				  days of receipt by the division of a request for correction or amendment of a
				  record or personal information, the personal privacy protection officer shall
				  either:
(1) make the correction or amendment
				  in whole or in part, and notify the data subject that upon his or her request
				  such correction or amendment will be provided to any or all persons or
				  governmental units to which the record or personal information has been
				  disclosed; or
(2) refuse to correct
				  or amend the record, notify the data subject of the reasons therefor, and
				  inform the data subject of the procedures to obtain review of such
				  determination by the general counsel's office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.11 - Appeal of denial of access to, or correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any data
				  subject whose request under section
				  166-3.9 or
				  166-3.10 of this Subpart is denied
				  in whole or in part may, within 30 business days, appeal such denial in writing
				  to the general counsel to the division.
(b) Within seven business days of the receipt
				  of an appeal concerning denial of access, or within 30 business days of the
				  receipt of an appeal concerning denial of correction or amendment, the general
				  counsel to the division or his designee shall either:
(1) provide access to, or correct or amend,
				  the record and notify the data subject that, upon request, the correction or
				  amendment shall be provided to any or all persons or governmental units to
				  which the record or personal information has been disclosed; or
(2)
(i)
				  fully explain in writing to the data subject the factual and statutory reasons
				  for further denial and inform the data subject of his or her right to seek
				  judicial review of the determination under Public Officers Law, section
				  97;
(ii) inform the data subject of
				  the right to file with the division a statement of reasonable length setting
				  forth the reasons for disagreement with the determination and that upon
				  request, the statement of disagreement will be provided to any or all persons
				  or governmental units to which the record has been disclosed;
(iii) clearly note any portions of the record
				  which are disputed, and attach the statement of disagreement as part of the
				  record, provided that a concise statement of the reasons for not making the
				  requested amendment or correction may also be included in the record;
				  and
(iv) immediately forward to the
				  committee a copy of the appeal, together with the determination and the reasons
				  set forth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.12 - Disclosure of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requests
				  for disclosure of records or personal information to third parties shall be
				  forwarded to the personal privacy protection officer.
(b) The personal privacy protection officer
				  shall disclose records and personal information to third parties only if the
				  disclosure is:
(1) pursuant to a written
				  request by, or a voluntary written consent of, the data subject, provided that
				  such request or consent by its terms limits and specifically describes:
(i) the personal information to be
				  disclosed;
(ii) the person or
				  entity to whom the personal information is to be disclosed; and
(iii) the use which will be made of the
				  personal information by such person or entity;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.13 - Fees for copying records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall
				  be no fee charged for:
(1) inspection of
				  records;
(2) search for records;
				  or
(3) any certification of a
				  record.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.14 - Committee advisory opinions

Current through Register Vol. 46, No. 28, July 10, 2024
Within 15 business days of the receipt of an advisory
					 opinion issued by the committee, the general counsel to the division shall
					 respond in writing to the committee stating:
(a) the actions that have or will be taken to
				  comply with the advisory opinion; or
(b) the reasons for disagreement and
				  noncompliance with the advisory opinion.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-3 - Personal Records › Section 166-3.15 - Annual report to the committee

Current through Register Vol. 46, No. 28, July 10, 2024
The personal privacy protection officer shall annually
					 prepare a report for submission to the committee on or before September 1st
					 which shall summarize for the preceding year the number of requests for access
					 to, or correction or amendment of, records which were granted and denied in
					 whole or in part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-4 - Attendance Rules For Teachers › Section 166-4.0 - Preamble

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these rules is to ensure equitable treatment
					 of persons employed in positions the principal duty of which is the teaching or
					 instruction of patients or inmates, or the direct supervision of such teaching
					 or instruction, and to provide uniformity in matters of attendance and leave
					 for such persons, insofar as practicable and consistent with the efficient
					 conduct of the division's business, who are employed on the basis of an annual
					 school calendar year adopted by the division which shall be consistent with the
					 school calendar year of public school teachers in New York
					 State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-4 - Attendance Rules For Teachers › Section 166-4.1 - Attendance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Basic
				  workweek.
The basic workweek for annual salaried employees of State
					 departments, agencies and institutions, other than those employed on a
					 part-time basis only and other than employees excluded from the application of
					 overtime compensation under the rules of the Director of the Budget adopted
					 pursuant to section 134  of the Civil Service Law, shall be 40 hours; provided,
					 however, that where a shorter workweek would not interfere with the proper
					 performance of government functions an appointing authority may establish a
					 basic workweek of not less than 371/2 hours and five days for any employees
					 under its appointive jurisdiction as may be designated by it with the approval
					 of the Division of the Budget; provided, however, that this section shall not
					 be construed to increase the workweek of any employee for whom a workweek of
					 less than 40 hours was prescribed by law, rule or administrative regulation as
					 of January 2, 1957.
(b)
Record of attendance.
All employees are required to maintain a daily record of
					 absences and time and leave credits earned and used in accordance with these
					 rules. A daily record of attendance shall be maintained during the period
					 covered by the school calendar and for any periods during which an employee may
					 receive compensation which is in addition to his regular salary.
(c)
Overtime.
Overtime shall not be earned for time worked in excess of
					 the basic workweek during the 10-month period an employee is paid his regular
					 salary. An employee who is required to work in his position or in any other
					 position allocated to a salary grade in section 130  of the Civil Service Law
					 for the two-month period during which his regular salary is not paid shall
					 receive additional compensation for such service.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-4 - Attendance Rules For Teachers › Section 166-4.2 - Absence with pay

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Saturdays, Sundays and holidays
.
(1) All Saturdays, Sundays and legal holidays
				  shall, so far as practicable, be allowed as days off. Employees required to
				  work on any of these days shall not be entitled to compensatory time off in
				  lieu thereof.
(2) The days
				  prescribed as holidays by the division's annual calendar for the school year
				  shall be observed as holidays.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-4 - Attendance Rules For Teachers › Section 166-4.3 - Leaves without pay

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Leave
				  of absence; duration
.
(1) A permanent
				  employee or an employee holding a position by permanent or temporary
				  appointment who requests leave because of pregnancy or childbirth, may, in the
				  discretion of the division, be granted a leave of absence, without pay, for a
				  period not exceeding two years. Such leave may be extended beyond two years,
				  for periods aggregating not in excess of an additional two years only with the
				  approval of the Civil Service Commission. In an exceptional case, a further
				  extension may be permitted by the commission for good cause shown and where the
				  interests of the government would be served. For the purpose of this section,
				  time spent in active service in the military forces of the United States or of
				  the State of New York shall not be considered in computing the period of
				  leave.
(2) This section shall not
				  be construed to require the extension of any employment beyond the time at
				  which it would otherwise terminate by operation of law, rule or
				  regulation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-4 - Attendance Rules For Teachers › Section 166-4.4 - Suspension of rules

Current through Register Vol. 46, No. 28, July 10, 2024
These rules may be suspended in whole or in part, in an
					 emergency, for the duration of same and to the extent made necessary by the
					 nature of the emergency, on approval by the State Civil Service Commission of a
					 written request by the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-4 - Attendance Rules For Teachers › Section 166-4.5 - Amendment of rules

Current through Register Vol. 46, No. 28, July 10, 2024
These rules may not be amended except on approval by the
					 State Civil Service Commission of a written request by the
					 division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-4 - Attendance Rules For Teachers › Section 166-4.6 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  otherwise expressly provided in any rule or rules, these attendance rules shall
				  apply to the following employees in the division who are employed in positions
				  the principal duty of which is teaching or instruction of patients or inmates,
				  or the direct supervision of such teaching or instruction; who are employed on
				  the basis of a calendar year similar to the school calendar year of public
				  school teachers in New York State; and who are compensated in accordance with
				  section 136 of the New York State Civil Service Law.
(1) Institutional Vocational Instructors,
				  G-12.
(2) Senior Institutional
				  Vocational Instructors, G-15.
(3)
				  Institution Teachers, G-12.
(4)
				  Senior Institution Teachers, G-15.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-1 - Applicability And Definitions › Section 167-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to secure facilities operated by the
					 New York State Division for Youth pursuant to sections 504, 504-a and 508  of
					 the Executive Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-1 - Applicability And Definitions › Section 167-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise stated, as used in this Part:
(a) Division shall mean the New York State
				  Division for Youth.
(b) Director
				  shall mean the director of the division or the director's designee.
(c) Facility shall mean a secure facility,
				  which is a residential facility characterized by restricting construction,
				  hardware, and procedures, and is designated by the division as a secure
				  facility.
(d) Facility director
				  shall mean the director of a secure facility or the secure facility director's
				  designee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
The presence of contraband in a division for youth facility
					 and its possession or use by residents or staff threatens the security of the
					 facility and endangers the safety of residents, employees, volunteers and the
					 community. Introduction or possession of contraband in a facility is a
					 violation of law and violators may be prosecuted. Division employees attempting
					 to introduce contraband or in possession of contraband may be subject to both
					 prosecution and disciplinary action. A sound security program requires routine,
					 periodic, and special searches of all persons entering the
					 facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.2 - Scope and application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				  Subpart outlines the types of body and property searches which may be performed
				  by the division concerning persons described in subd. (b) of this section, and
				  provides procedures for such searches.
(b) This Subpart applies to the search of any
				  division employee, employees of contractors to the division and volunteers
				  while on facility property, and any division facility employee while on
				  duty.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Subpart, the term:
(a) Contraband shall mean those articles:
(1) the possession of which is prohibited
				  under laws applicable to the general public (for example, illegal
				  drugs);
(2) which are readily
				  capable of being used to cause death or serious physical injury including, but
				  not limited to, firearms, cartridges, knives, or explosives;
(3) which are prohibited in writing by the
				  division; or
(4) which cannot be
				  possessed by a resident without authorization and which are introduced into a
				  facility with an intent to transfer such articles to a resident without the
				  permission of the facility director.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.4 - Discretionary searches

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  following are subject to search at the discretion of the facility director:
(1) packages and bags; and
(2) desks, lockers and office equipment used
				  by persons subject to this Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.5 - Lock box searches

Current through Register Vol. 46, No. 28, July 10, 2024
Secured lock boxes shall be subject to search on a
					 reasonable suspicion basis only.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.6 - Routine and periodic searches

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following searches may be conducted
				  routinely and periodically:
(1) electronic
				  searches; and
(2) pat/frisk
				  searches.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.7 - Strip search procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Authorization.
(1) A facility director may
				  order a strip search only where the facility director determines that there is
				  reasonable suspicion to believe that a search would reveal
				  contraband.
(2) The facility
				  director shall order a strip search only after:
(i) other searches authorized by this Subpart
				  have been unsuccessful or there is a reasonable basis not to attempt one or
				  more of these searches;
(ii) there
				  continues to be reasonable suspicion to believe that a search would reveal that
				  the person possesses contraband; and
(iii) where the person to be searched is a
				  volunteer or the employee of a contractor, the person has consented in writing
				  to the conduct of a strip search.
(3) The facility director's order to conduct
				  a strip search shall be documented in writing within 24 hours of a verbal
				  order.
(4) Random strip searches
				  are contrary to this Subpart and are prohibited.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.8 - Recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All searches.
				  If contraband is found as a result of a search, an unusual incident report
				  shall be generated which shall state the circumstances of the search and
				  identify the contraband seized. The deputy director of residential services
				  shall notify the division's deputy inspector general of the discovery of
				  contraband.
(b) All searches of
				  persons based upon reasonable suspicion.
(1)
				  All searches of persons based upon reasonable suspicion shall be recorded. Such
				  record shall include:
(i) the name and title
				  of the person subject to search;
(ii) the date and time of the
				  search;
(iii) the information used
				  to determine that reasonable suspicion exists;
(iv) the name of the facility director
				  ordering the search;
(v) the date
				  and time of the facility director's order to conduct the search;
(vi) the name and title of all persons
				  conducting and supervising the search;
(vii) the name and title of all witnesses
				  present at the search;
(viii) the
				  results of the search, including a list of contraband items found or a
				  statement that no contraband items were found; and
(ix) the disposition of contraband
				  items.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.9 - Contraband

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Seizing
				  contraband. When contraband items are found in the possession of a person who
				  is searched, these items must be turned over to the facility director
				  immediately.
(b) Disposition of
				  contraband. All contraband found as a result of a search shall be identified
				  and recorded as follows:
(1) the property
				  will be tagged and, if possible, sealed;
(2) the property will be described including
				  the time, manner and location in which the procedure took place; and
(3) stored in a secured and locked
				  area.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.10 - Refusal to submit to search-denial of entry

Current through Register Vol. 46, No. 28, July 10, 2024
A refusal to submit to a search when ordered or when not
					 consented to shall result in a denial of permission to enter or remain on
					 facility grounds.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.11 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Failure to
				  comply with this Subpart may be grounds for disciplinary action.
(b) Sections 205.20 and 205.25  of the Penal
				  Law make promotion, introduction, making and obtaining of contraband illegal.
				  If contraband is introduced into the facility, the facility director shall
				  contact the Director of Labor Relations and disciplinary action may be
				  taken.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 167 - Secure Facilities › Subpart 167-2 - Personnel Searches › Section 167-2.12 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
The division shall ensure that all necessary staff receive
					 appropriate training concerning this regulation and execution of strip
					 searches.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 168 - State Schools And Centers › Section 168.1 - Discipline of children

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Abuse
				of children in any form, including corporal punishment, is
				prohibited.
(b) Deprivation of
				meals, mail and family visits, as methods of punishment, is
				prohibited.
(c) A child may not be
				punished for failing or refusing to eat.
(d) Punishment, control and discipline of
				children shall be an adult responsibility and shall not be prescribed or
				administered by children.
(e) Every
				school and center shall submit its discipline policies and any amendments
				thereto in writing to the deputy director of rehabilitation services or his
				designee for approval prior to implementation.
(f) Notice in writing of any violations of
				subdivisions (a)-(d) of this section shall be immediately reported by the
				facility superintendent or director to the deputy director of rehabilitation
				services or his designee.