reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.3 - Definition of legal right

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the term legal right shall mean a right
				  which a youth under the jurisdiction of the division may enforce at law because
				  it is granted by constitution, statute, court order, court decision, court
				  stipulation, regulation or policy.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.4 - Duties of the ombudsman

Current through Register Vol. 46, No. 28, July 10, 2024
The ombudsmen shall:
(a) visit facilities and programs in
				accordance with priorities established by the office of the ombudsman and the
				Director of the Division for Youth;
(b) hear grievances and complaints of all
				youths under the jurisdiction of the division;
(c) investigate alleged violations of the
				legal rights of youth under the jurisdiction of the division;
(d) monitor and participate in grievance
				procedures for residents in secure facilities, pursuant to section 515-a of
				article 19-G of the Executive Law and agency policy;
(e) monitor the implementation of the
				policies and regulations of the division and of the rules and regulations of
				other agencies, as they are applicable to the legal rights of youth under the
				jurisdiction of the division;
(f)
				monitor and participate in the implementation of statutes, court orders, court
				decisions and court stipulations which affect youth under the jurisdiction of
				the division;
(g) advise or in
				other ways assist youth under the jurisdiction of the division to obtain legal
				counsel in protecting their legal rights or in seeking legal redress through
				the courts or administrative agencies;
(h) recommend policies, regulations and/or
				legislation aimed at protecting the legal rights of youth under the
				jurisdiction of the division;
(i)
				serve as a resource to youth under the jurisdiction of the division by
				informing them of pertinent laws, regulations and policies, and their rights
				thereunder; and
(j) present
				significant complaints and concerns of youth to the Director of the Division
				for Youth, the Director of Ombudsman, other appropriate division staff and the
				Independent Review Board.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.5 - Duties of the director of the office of the ombudsman

Current through Register Vol. 46, No. 28, July 10, 2024
The director of the office of the ombudsman shall:
(a) provide administrative supervision to the
				ombudsmen and staff;
(b) establish
				procedures to ensure that ombudsman services are made available to every youth
				under the jurisdiction of the division;
(c) coordinate meetings of the Independent
				Review Board and the activities of its members;
(d) coordinate activities of the ombudsmen
				with the Independent Review Board and other units within the
				division;
(e) fully participate in
				the division's policy development process;
(f) report to the Independent Review Board,
				the director of the division, the executive deputy director, other appropriate
				deputy directors, the general counsel to the division and other appropriate
				division staff, the grievances and complaints of youth and the status of such
				grievances and complaints, and report on the progress of implementation of
				statutes, court orders, court decisions, court stipulations, regulations and
				policies affecting the legal rights of youth under the jurisdiction of the
				division. The report shall indicate whether a reported issue, complaint or
				grievance has been resolved and the manner in which it was resolved, and the
				status of implementation of recommendations or directives made by the director
				of the division with regard to previously reported issues, grievances or
				complaints;
(g) prepare a monthly
				report for the director of the division on the activities of the office of the
				ombudsman. Such monthly report shall contain statistical data and information
				indicating: the number of youth served by the ombudsmen; the number and types
				of complaints, grievances or issues brought to the attention of the ombudsmen;
				the number of facilities visited by the ombudsmen; the number of investigations
				conducted by the ombudsmen; the number of hearings in which the ombudsmen were
				involved; and the number and nature of contacts made by ombudsmen to persons or
				agencies external to the division on behalf of youth under the jurisdiction of
				the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.6 - Conduct and scope of investigations

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with agency policy, the ombudsman shall
				  investigate those grievances and complaints which, in his/her opinion, warrant
				  investigation. In determining whether to investigate a grievance or complaint,
				  the ombudsman must make a judgment whether there is reasonable suspicion to
				  believe that a legal right has been violated. Once the decision to investigate
				  a grievance or complaint has been made, the ombudsman shall seek to determine
				  whether the grievance or complaint is valid. In conducting his/her
				  investigation, the ombudsman may speak to any person who may have information
				  regarding the grievance or complaint. The purpose of the ombudsman's
				  investigation shall be to alert the division to incidents which might impair
				  the rights of youth under the jurisdiction of the division, and to provide
				  recommendations for improvements in division policies and practices. The
				  ombudsman's role shall be that of an investigator of youth rights, youth
				  advocate and reporter. He/she shall promptly notify the facility or program
				  director and the director of the office of the ombudsman, who shall in turn
				  notify the appropriate agency officials of any incident which indicates that a
				  serious violation of rights has occurred which could be the basis for
				  disciplinary action and/or criminal prosecution against an employee or
				  resident. The division, upon receipt of such notification from the ombudsman,
				  shall review and determine the need for an independent investigation. The
				  ombudsman shall not have the authority to initiate a disciplinary proceeding or
				  to assume the role of prosecutor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.7 - Visits to facilities and programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Personnel from the office of the
				ombudsman are authorized to visit all division facilities and programs at any
				time, without prior notice, and at their own discretion. In determining the
				priority and frequency of visits, the ombudsman shall consider the following:
(1) court orders, stipulations and
				decisions;
(2) statutes and
				regulations;
(3) level of security
				and population of facilities;
(4)
				requests for assistance; and
(5)
				the nature and seriousness of investigations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.8 - Access to employees

Current through Register Vol. 46, No. 28, July 10, 2024
Division employees shall cooperate with the ombudsman's
				  investigation. The ombudsman shall interview employees during their regular
				  hours of employment whenever feasible. When necessary, the facility or program
				  director, at the request of the ombudsman, may require the employee to make
				  himself/herself available for an interview.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.9 - Access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the
				conduct of his/her duties pursuant to these regulations, the ombudsman shall
				have access to all books, records, logs, reports, memoranda and any and all
				other materials or written documents in the possession of the division, its
				facilities or programs. The ombudsman may copy or make reference to any such
				report, document, memorandum, log entry or other material or written document
				and, where appropriate, may include a copy in his/her report. Consistent with
				applicable laws and regulations, the confidentiality of records and documents
				obtained by the ombudsmen shall be maintained by them.
(b) The facility or program director shall
				promptly forward to the facility ombudsman copies of all written reports
				concerning the use of room confinement, psychotropic medication and mechanical
				restraints. (See section
				168.2[j] of this
				Title.)
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.10 - Ombudsman reports

Current through Register Vol. 46, No. 28, July 10, 2024
As soon as possible after visiting a facility or program and
				  receiving the complaints or grievances of youth, the ombudsman shall discuss
				  with the facility or program director or his/her designee the grievances or
				  complaints brought to his/her attention. The ombudsman shall submit regular
				  reports, at least monthly, which shall contain information regarding major
				  grievances, complaints received and other matters needing attention. The
				  reports shall contain items such as a recitation of the issue or complaint, a
				  brief statement of facts, and the conclusions and recommendations of the
				  ombudsman. The reports shall be forwarded unaltered by the director of the
				  office of the ombudsman to the director of the division and other appropriate
				  agency officials and to the division's Independent Review Board. When the
				  facility or program director has conducted an investigation into the matters
				  reported by the ombudsman, the findings of such director shall be included in
				  the ombudsman's report.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.11 - Staff protection

Current through Register Vol. 46, No. 28, July 10, 2024
For the protection of employees, the following rules shall
				  apply:
(a) When an employee is or may
				be the subject of an investigation which might lead to employee disciplinary
				action or criminal prosecution, he/she may choose not to speak to the
				ombudsman.
(b) Ombudsman's reports
				may not be placed in an employee's personal history file or referred to
				therein.
(c) An employee who has
				been accused by a resident, another employee or any interested party of
				violating a youth's legal rights, may request the ombudsman to investigate the
				accusation, and the ombudsman shall advise the facility or program director of
				such request.
(d) Any complaint or
				grievance may be included in the ombudsman's report. Whenever a complaint or
				grievance is cited in a report and that complaint or grievance is found to have
				no basis in fact, the report should so state. If the investigation of the
				complaint or grievance is incomplete at the time it is first reported, a
				subsequent report shall recite the complaint or grievance and clearly state
				that it was found to have no basis in fact. The employee shall be identified in
				the report only if he/she had been identified in a previous report.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.12 - Notification to employees

Current through Register Vol. 46, No. 28, July 10, 2024
The Director of Ombudsman shall notify an employee, in
				  writing, when his/her name appears in an ombudsman report as being the subject
				  of an investigation. A copy of this notice shall be provided to the program or
				  facility director. In cases where the employee's statement is also included,
				  the employee shall receive notice of the inclusion of such statement. The
				  written notice shall state that the employee may have an opportunity to review
				  this statement upon his/her request. Should the employee choose to clarify or
				  amplify his/her statement in writing, such clarification will be included in
				  the ombudsman report. The employee, upon request, shall be informed of the
				  ombudsman's conclusions. Except in cases where a continuing investigation is
				  necessary, all grievances or complaints alleging employee misconduct shall be
				  resolved within 60 days. If a determination is made not to proceed against the
				  employee, the record shall indicate that no substantial evidence was found to
				  support the charges.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.13 - Resolution procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The director of the office of the ombudsman shall develop
				  procedures to ensure that issues, complaints and grievances are resolved in a
				  timely and efficient manner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.14 - Notification to ombudsman of youth's need for legal counsel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility or program director shall
				immediately notify the office of the ombudsman whenever it comes to his/her
				attention that a youth under his/her care:
(1)
				has been or is about to be arrested by a law enforcement official;
(2) has been served with the order of a
				court, a subpoena or a summons; or
(3) is in need of legal counsel.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.15 - Notification to ombudsmen of critical incidents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility or program director shall
				immediately notify the office of the ombudsman of any critical incident
				involving a youth under his/her care.
(b) For the purpose of this Part, a critical
				incident shall mean:
(1) an incident which
				indicates that a violation of rights has occurred that could lead to
				disciplinary action and/or criminal prosecution;
(2) an incident in which a youth has died or
				sustained substantial physical injury; or
(3) an incident which could give rise to a
				claim against a youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.16 - Contact with outside attorneys

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever it appears to an ombudsman that
				a youth is in need of legal services, the ombudsman may contact the youth's
				attorney or legal representative or assist the youth in making such
				contact.
(b) Whenever a youth
				requests the ombudsman's assistance in bringing legal action against the
				division or in challenging an administrative decision of the division, the
				ombudsman shall promptly notify the general counsel's office of such request.
				The ombudsman may assist the youth by preparing the appropriate legal papers
				and filing them with the court, and by requesting the court to assign an
				attorney to represent the youth. In no event, however, shall the ombudsman
				serve as the youth's attorney without the consent of the director of the
				division or designee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.17 - The independent review board

Current through Register Vol. 46, No. 28, July 10, 2024
The Independent Review Board shall consist of at least nine,
				  but not more than 15 persons who are not employed by the division and who are
				  knowledgeable in the areas of juvenile justice and youth rights. Each board
				  member shall be appointed by the director of the division for a term of three
				  years, which term may be renewed once, and shall serve at the pleasure of the
				  director of the division. At least one member shall be a former resident or
				  parent of a resident; at least one member shall be a psychologist or other
				  clinician; at least one member shall be an individual knowledgeable of juvenile
				  legal rights matters; at least one member shall be a judge of the Family Court;
				  and at least one member shall be knowledgeable of the criminal justice system.
				  When funds are available, the members of the board shall be compensated for
				  their ordinary and reasonable expenses incurred in the conduct of their duties
				  in accordance with the prevailing State rates as approved by the Department of
				  Audit and Control. The board shall review the ombudsman reports and meet at
				  least bimonthly with the ombudsmen, the ombudsman director, the director of the
				  division, and other appropriate personnel to discuss the reports. The board is
				  an advisory body and has no administrative duties. It shall advise the director
				  of the division on matters pertaining to the office of the ombudsman and on
				  matters related to complaint and grievance resolution. The board shall have the
				  authority to:
(a) request the office
				of the ombudsman and/or the director of the division to conduct
				investigations;
(b) make inquiries
				at the request of the director of the division, or, on its own motion, into
				matters affecting the legal rights of youth;
(c) convene meetings and communicate freely
				with the ombudsmen and the office of the ombudsman;
(d) evaluate the effectiveness of the office
				of the ombudsman and make necessary inquiries to that end; and
(e) visit division facilities and grounds and
				inspect records of the division. Laws and regulations governing the
				confidentiality of records must be adhered to, and counsel's office should be
				notified concerning the records to be inspected. During any such visit to
				facilities or inspection of records, the board members may speak with youth and
				employees.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.18 - Chairperson of the independent review board

Current through Register Vol. 46, No. 28, July 10, 2024
The director of the division shall appoint one of the members
				  of the Independent Review Board to serve as its chairperson. The member so
				  appointed shall serve as chairperson for a renewable term of one year. The
				  chairperson of the board shall:
(a) be
				responsible for coordinating the activities of the board, with the assistance
				of the ombudsman director;
(b)
				preside at meetings of the board;
(c) recommend to the director of the division
				agenda items for board meetings; and
(d) make recommendations to the director of
				the division for the removal of inactive board members.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 177 - Regulations For The Office Of The Ombudsman › Section 177.19 - Confidentiality of reports

Current through Register Vol. 46, No. 28, July 10, 2024
Ombudsman reports and reports of the Independent Review Board
				  are confidential and shall be safeguarded from coming to the knowledge of, and
				  from inspection or examination by, any person other than the Director of the
				  Division for Youth, other designated agency officials for the performance of
				  their official duties, and the Independent Review Board. Authorized persons
				  receiving such reports shall not divulge information contained therein without
				  the written consent of 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 178 - Day Placement › Section 178.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish requirements for the
				  operation of all day placement programs. Such programs shall be alternatives to
				  traditional institutional placement for eligible youth who do not require
				  institutional confinement for all or part of their placement with the
				  division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part the term:
(a) AWOL shall mean absent without
				leave.
(b) Business day shall mean
				any weekday exclusive of legal holidays.
(c) Day placement program shall mean a
				program for youth placed with the division which is an alternative to or
				includes a period of residential placement.
(d) Director shall mean the Director of the
				Division for Youth or the director's designee.
(e) Division shall mean the New York State
				Division for Youth.
(f) Eligible
				youth shall mean a youth placed with the division pursuant to section
				353.3 or 756 of the Family Court
				Act.
(g) Parent shall mean the
				parent or other adult with whom a youth may reside while in a day placement
				program.
(h) Program director shall
				mean a person responsible for the operation of a day placement program,
				regardless of whether the program is conducted by the division or by an entity
				under contract with the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.3 - Establishment of day placement programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with the requirements of this
				Part, the director may establish day placement programs, such as evening and
				weekend reporting centers.
(b) Each
				day placement program shall have:
(1) a
				written description of the nature and purpose of the program;
(2) a written description of services to be
				provided by the program;
(3)
				written criteria for placement in the program, which shall include
				consideration of the recommendations of the applicable family court,
				presentment agency, probation department and the youth's legal representative;
				and
(4) a requirement that all
				youth and parents consent to conditions of participation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.4 - Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director
				shall make written determinations of the needs of youth assigned to a day
				placement program and shall, to the extent resources are available, arrange for
				the delivery of services to meet those needs. Such services shall include:
(1) education, as required by the New York
				State Education Law;
(2) parent
				counseling;
(3)
				recreation;
(4) behavior
				management;
(5) assistance in
				obtaining medical services; and
(6)
				assistance in providing mental health services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.5 - Selection of participants

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the requirements of this Part, the director
				  shall select participants for each day placement program from those eligible
				  youth who satisfy the criteria established for the program. However, nothing in
				  this Part shall require the director to permit all youth who meet the criteria
				  for a day placement program to participate in the program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.6 - Assignment to a day placement program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Youth may be assigned to a day placement
				program at any time following admission to the division.
(b) Prior to assignment to a day placement
				program, each eligible youth shall receive a verbal and written explanation of
				the program which shall include, at a minimum, a description of:
(1) the program;
(2) the conditions of participation which the
				youth must follow; and
(3) the
				grievance process.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.7 - Conditions of participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				All conditions of participation shall include:
(1) a daily schedule which will be developed
				in conjunction with the youth and, to the extent feasible, the
				parent;
(2) a list of the programs
				and activities in which the youth must participate;
(3) a list of prohibited
				activities;
(4) any other
				requirements deemed appropriate by the director; and
(5) the following statements:
"I accept placement in this program. I understand that
				  participation in this program is a privilege rather than a right. I will obey
				  the terms and conditions of the program. I understand that:
oDuring the program I will be in the custody of the New York
				  State DIVISION FOR YOUTH (DFY);
oI will have regular contact with persons assigned by DFY to
				  supervise me;
oThe Director of DFY may end my assignment to this day
				  placement program at any time; and o If my participation in this program ends,
				  I may be transferred to a residential facility consistent with my Family Court
				  Placement Order."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.8 - Requirements for parents of youth who will participate in a day placement program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior
				to assignment to a day placement program, where a youth is to reside with a
				parent, the parent shall:
(1) receive a verbal
				and written explanation of the nature of the day placement program and its
				requirements;
(2) consent in
				writing to participate in the program as required by the director;
				and
(3) consent in writing to the
				conditions of participation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.9 - Supervision and monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
Each day placement program shall require:
(a) an appropriate level of
				supervision;
(b) a review of the
				progress of each youth in the day placement program with the youth and, to the
				extent feasible, the parent at least once every 30 days; and
(c) a review of the conditions of
				participation at least once every 30 days.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.10 - Modification of conditions of participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Conditions of participation shall be
				modified, as necessary, by the director.
(b) Any modification of the conditions of
				participation shall involve the youth and, to the extent feasible, the
				parent.
(c) All modifications shall
				be in writing and signed in the same manner as the original conditions of
				participation.
(d) A copy of the
				modification shall be given to the youth and to the parent.
(e) A refusal by a youth to consent to a
				modification shall result in termination of the youth's participation in a day
				placement program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.11 - Duration and interruption of family court placement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with the provisions of this
				section, time spent by youth in a day placement program shall be applied to
				satisfy the term of placement imposed by the family court.
(b) Consistent with the rules and regulations
				of the division, in any case where the youth fails to report to the facility or
				program specified by the director, the youth shall be considered to be AWOL.
				For purposes of this section, facility or program shall mean any location where
				the youth is required to report as a part of the conditions of
				participation.
(c) If a youth fails
				to report to the facility or program, the service provider or parent shall
				immediately notify the program director.
(d) If it is determined that a youth is AWOL,
				the program director shall ensure that an AWOL warrant is issued pursuant to
				division regulations and procedures.
(e) Consistent with the rules and regulations
				of the division, where a youth is AWOL, the term of the placement shall be
				interrupted, and such interruption shall continue until the youth reports to
				such facility or program or is otherwise returned to the custody of the
				division. However, there shall be a credit against the term of placement
				imposed by the family court for any period where:
(1) the youth has been in custody due to an
				arrest or surrender based upon the absence;
(2) the youth has been in custody arising
				from an arrest on another charge which did not culminate in an adjudication or
				adjustment; or
(3) the youth's
				absence is excused pursuant to section
				178.12 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.12 - Excused absences

Current through Register Vol. 46, No. 28, July 10, 2024
If a youth has been AWOL and, upon return, presents an excuse
				  for all or part of his/her absence, which excuse is accepted by the program
				  director:
(a) the program director
				shall document the receipt and acceptance of such excuse;
(b) the excused absence shall not be grounds
				to terminate participation in the day placement program; and
(c) the youth shall receive credit against
				the term of his/her placement for the period of the excused absence.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 178 - Day Placement › Section 178.13 - Termination of participation in a day placement program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a youth's breach of conditions of
				participation requires termination of participation in the day placement
				program:
(1) The program director responsible
				for monitoring the youth's progress shall prepare a written recommendation to
				terminate a youth's participation in a day placement program. The
				recommendation shall state the factual circumstances underlying the
				recommendation of termination.
(2)
				The youth and the parent shall receive a copy of the recommendation of
				termination and shall have an opportunity to submit a response to the program
				director.
(3) After reviewing all
				documents, if the program director continues to believe termination is
				appropriate, he/she shall forward all documents to the director.
(4) Upon receipt of the documentation, the
				director shall render a written decision indicating the facts and circumstances
				relied upon in making the determination.
(5) The youth and the youth's parent shall be
				immediately notified of the termination of the youth's participation in the day
				placement program. The youth shall be placed in a facility consistent with the
				youth's placement order within three business days after the director's
				decision is issued.
(6) A copy of
				the director's decision shall be sent to the youth and the parent within three
				business days after it is issued.
(7) Notwithstanding the above, a youth may be
				immediately placed in a facility consistent with the youth's family court
				placement order where adherence to the procedures prescribed in this section
				would endanger the youth, where the youth presents a danger to the community or
				where the youth is likely to abscond.
(8) If the provisions of paragraph (7) of
				this subdivision are followed:
(i) the
				youth's parent shall be immediately notified of the youth's placement in a
				facility;
(ii) the procedures
				described in paragraphs (1) through (4) and (6) of this subdivision shall be
				followed; and
(iii) in the event
				that the director determines that the youth may remain in a day placement
				program, the youth shall be returned to a day placement program if such a
				program is available.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-1 - Disciplinary Actions › Section 179-1.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to all residents of Office of Children
					 and Family Services (OCFS) secure centers.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-1 - Disciplinary Actions › Section 179-1.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Disciplinary
				  action is an essential element in treatment. Residents of OCFS secure centers
				  are expected to follow rules of conduct that have been designed to support the
				  habilitation process. Disciplinary action, when applied reasonably and with
				  fairness, promotes the security and protects the health and safety of all
				  persons within an OCFS facility. It is also a positive factor in the morale of
				  residents and staff in the facility.
(b) Limits of disciplinary action.
				  Disciplinary action shall be taken only in such measures and degree as
				  necessary to:
(1) maintain residents' behavior
				  within acceptable limits;
(2)
				  achieve compliance by the entire resident population with required standards of
				  behavior; and
(3) reinforce to the
				  resident population and facility staff, the OCFS commitment to maintain
				  required standards of behavior.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-1 - Disciplinary Actions › Section 179-1.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rules. Each
				  behavior listed in Subpart 179-4 of this Part is classified as a level I, II,
				  or III rule. If a behavior has more than one designation, it means that it
				  could be classified at different levels, depending upon the specific
				  circumstances. The offenses of conspiracy, attempt and accessory shall be
				  punishable to the same degree as the actual offense.
(1) Level I rules shall mean basic standards
				  of conduct for all areas of program.
(2) Level II rules specify prohibited acts
				  which, if committed, constitute serious misbehaviors.
(3) Level III rules specify prohibited acts
				  which, if committed, constitute very serious misbehaviors.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-1 - Disciplinary Actions › Section 179-1.4 - Types of disciplinary actions

Current through Register Vol. 46, No. 28, July 10, 2024
Rule violations shall be addressed in one of three
					 levels:
(a) Level I rules. Violations
				  of level I rules shall be addressed by the resident's living unit
				  staff.
(b) Level II rules.
(1) Dispositions for violations of level II
				  rules shall be made by FDP if the disciplinary sanction may include:
(i) loss of a specified period of good
				  behavior allowance (good time) applicable to juvenile offenders;
(ii) a 30- to 120-day hold on a resident's
				  release to the community or transfer to a lower (security) level facility
				  (applicable to juvenile delinquents). However, a 30-120 hold on a resident's
				  release shall not extend his/her stay beyond the expiration date on the court
				  order. Any request to the originating court for an extension of placement shall
				  be filed in accordance with agency policy;
(iii) loss of privileges for more than 30
				  days (maximum 120 days);
(iv)
				  involuntary restitution for loss or intentional damage of State property or
				  other person's property; and
(v)
				  facility service.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-1 - Disciplinary Actions › Section 179-1.5 - Rule violation reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reporting
				  and resolving level I rule violations. Level I rule violations shall be
				  addressed on the resident's unit. The reporting employee shall list level I
				  rule violations in the unit log and issue a level I rule violation slip, noting
				  the action taken. Prior to issuing any privilege restriction, the reasons for
				  the restriction shall be explained to the resident and he/she shall have the
				  opportunity to explain the behavior leading to the restriction. Level I rule
				  violation slips shall be retained in the resident's case file.
(b) Level II and level III rule violation
				  reports. Level II and level III rule violations shall be reported as follows:
(1) Each incident involving a violation of
				  level II and level III rules must be reported to the facility director or
				  designee, as soon as practicable but before the end of the reporting employee's
				  shift. The incident also must be recorded in the unit log.
(2) A report shall be made in writing by each
				  employee who has observed or has personal knowledge of the incident.
(3) When more than one resident is involved
				  in an incident, the report shall indicate the specific role played by each
				  resident, or if the specific role of each is unknown, the report shall so
				  indicate.
(4) When an employee
				  suspects, but is not reasonably certain that another resident was involved in
				  the incident, the report shall so indicate and shall set forth the facts that
				  give rise to the employee's suspicion.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-1 - Disciplinary Actions › Section 179-1.7 - Facility director's proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Authorization.
(1) Where the DRO determines that there is
				  reasonable cause to believe that a resident has committed an act which
				  constitutes a level III rule violation, the facility director shall cause a FDP
				  to be held.
(2) Where the DRO
				  determines that there is reasonable cause to believe that a resident has
				  committed an act which constitutes a level II rule violation, the facility
				  director, in his or her discretion, may cause a FDP to be held. If the facility
				  director determines that a FDP is not necessary, the matter shall be returned
				  to the DRO for appropriate action.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-1 - Disciplinary Actions › Section 179-1.8 - Review of disposition

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Automatic review.
(1) The FDP disposition
				  shall be reviewed by the deputy commissioner for rehabilitative services as the
				  designee of the commissioner of the OCFS. This review shall ensure that the FDP
				  was conducted in accordance with OCFS policy and facility procedures and that
				  the disposition conforms to OCFS policy.
(2) A resident shall be advised in writing of
				  the pending review and that (s)he may provide written comments regarding the
				  matter. The resident's comments must be submitted to the facility director
				  within seven days of the resident's receipt of the FDP disposition.
(3) At the end of the seven day period, the
				  facility director shall ensure that the entire record of the FDP, including any
				  written resident comments regarding the disposition, is immediately transmitted
				  to the Division of Rehabilitative Services, Bureau of Classification and
				  Movement. The facility director is responsible for notifying the Bureau of
				  Classification and Movement of a pending parole or release date that falls
				  within the timeframe for review.
(4) If a resident has lost good time as part
				  of a FDP disposition, (s)he shall remain at a secure facility pending the
				  outcome of the review or until the new conditional release date, as
				  appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-2 - Good Behavior Allowances › Section 179-2.1 - 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 granting of good behavior
					 allowances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-2 - Good Behavior Allowances › Section 179-2.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies only to juvenile offenders as defined
					 in subdivision 18 of section 10.00  of the Penal Law who are committed to the
					 Division for Youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-2 - Good Behavior Allowances › Section 179-2.3 - General policies on the granting of good behavior allowances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The opportunity
				  to earn good behavior allowances offers the resident a tangible reward for
				  positive efforts made during confinement.
(b) For any resident serving an indeterminate
				  sentence, other than a life sentence, who is not granted parole or a reparole,
				  but who nevertheless has performed well within division secure facilities, good
				  behavior allowances can be used to obtain release under supervision and to
				  demonstrate, prior to completion of the term of the sentence, that the resident
				  can follow acceptable behavior patterns in the community as well as in a
				  division facility.
(c) In the case
				  of a resident sentenced to a definite term of one year or less, good behavior
				  allowances can be used to shorten the term of the sentence.
(d) Good behavior allowances are a privilege
				  to be earned by the resident. No resident has the right to demand that any good
				  behavior allowance be granted to him.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-2 - Good Behavior Allowances › Section 179-2.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Good behavior
				  allowances. Discretionary reductions in the term of sentence based upon good
				  behavior and efficient and willing performance of duties assigned or progress
				  and achievement in an assigned treatment program. Also referred to as good
				  time.
(b) Maximum good behavior
				  allowance. The maximum allowance for good behavior may not exceed in the
				  aggregate one third of the term imposed by the court.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-2 - Good Behavior Allowances › Section 179-2.5 - Criteria for allowances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  recommendations and decisions must be made through impersonal, impartial, fair
				  and reasonable evaluations.
(b) In
				  evaluating the amount of allowance to be granted, the good behavior of the
				  resident, his efficient and willing performance of duties assigned, and his
				  progress and achievement in an assigned treatment program shall be viewed in
				  the light of his attitude, his capacity and the efforts made by him within the
				  limits of his capacity. The following factors shall be utilized as an
				  indication of the resident's progress in program and of his ability to function
				  in the community:
(1) his movement through
				  the facility level system;
(2) his
				  performance and behavior in the academic and vocational programs;
(3) his program-orientated service plan
				  record and his efforts to achieve the objectives specified in the service
				  plan;
(4) his infraction slip
				  record, including the number, frequency and reasons for issuance;
(5) his response to wing sanctions applied
				  for minor violations;
(6) his
				  misbehavior report file, including the number, frequency and nature of
				  violations indicated;
(7) his
				  adjustment committee record, including the number, frequency and behavioral
				  violations for which the committee meetings were held;
(8) the adjustment committee recommendations
				  and the resident's response to the actions taken;
(9) his facility director's proceeding
				  record, including the number, frequency and behavioral violations for which the
				  proceedings were held;
(10) the
				  facility director's proceeding dispositions and the resident's responses;
				  and
(11) any other relevant
				  information.