reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-5 - Appeal › Section 171-5.1 - Appeal process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  resident may first appeal directly to the facility director any of the
				  following:
(1) the facility's decision to
				  exclude or remove a person from the authorized visitors list under section
				  171-1.7;
(2) the facility director's decision to limit
				  ongoing or outgoing mail, including blanket exclusions (e.g., negative
				  correspondence list), individual pieces refused, returned, or waivers to permit
				  correspondence between immediate family in custody or under parole supervision
				  under subpart 171-2; and
(3) the
				  facility's decision to exclude or remove a person from the authorized telephone
				  contact list under subpart 171-4.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-5 - Appeal › Section 171-5.6 - Suspension of privileges

Current through Register Vol. 46, No. 28, July 10, 2024
The facility director may suspend, for a specific period or
					 indefinitely, a resident's telephone privileges, with one or more specified
					 persons, if, in the judgment of the director, the resident has violated any of
					 the procedures outlined in this regulation, is in violation of any major rule
					 as it applies to the use of telephones, or further communication with specified
					 individual(s) is deemed not to be in the best interest of the
					 resident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 172 - Children's Allowances › Section 172.1 - Weekly allowance

Current through Register Vol. 46, No. 28, July 10, 2024
Every child may receive as compensation for work performed in
				  housekeeping services, facility maintenance and work training programs in all
				  Division for Youth residential programs, for which compensation is otherwise
				  not being provided, a weekly allowance up to $1 per day for up to seven days a
				  week provided that funds are available therefor.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 173 - Foster Parents › Section 173.1 - Claims for damage to personal property

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of paying claims for personal property damage in
				  accordance with Executive Law, section 508, Division for Youth foster parents
				  will be considered as employees.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 173 - Foster Parents › Section 173.2 - Civil actions against foster parents, indemnification

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of saving harmless and protecting foster parents
				  from financial loss arising out of any civil actions or judgments brought
				  against them for alleged acts resulting in personal injury during the discharge
				  of their duties, foster parents will be considered as employees pursuant to
				  Executive Law, section 501-a.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall apply only to juvenile delinquents,
					 juvenile offenders and juvenile offenders afforded youthful offender
					 status.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.2 - Guidelines for transfer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  youth may be transferred to the Department of Mental Hygiene for care and
				  treatment in a State school or State hospital under the jurisdiction of the
				  Department of Mental Hygiene, whenever it appears to the satisfaction of the
				  Director of the Division for Youth that such youth is mentally ill or mentally
				  retarded and will substantially benefit from care and treatment in such a State
				  school or State hospital and that the interests of the State will be best
				  served thereby.
(b) The Director of
				  the Division for Youth may, subject to the requirements of section
				  9.51 of the Mental Hygiene Law,
				  apply for the transfer of any youth in the care of the division who has not
				  been sentenced as a juvenile offender and who is not subject to a restrictive
				  placement pursuant to section 353.5  of the Family Court Act, to a residential
				  treatment facility for children and youth.
(c) Juvenile offenders shall be transferred
				  only to a facility under the jurisdiction of the Office of Mental Health
				  specially designed for the care and treatment of juvenile offenders which is
				  characterized by physically restricting construction, hardware and
				  procedures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.3 - Order of the director of the division for youth

Current through Register Vol. 46, No. 28, July 10, 2024
Transfers pursuant to this Subpart may be made only upon
					 written order of the Director of the Division for Youth and upon the written
					 consent or approval of the Commissioner of the Office of Mental Health or the
					 Office of Mental Retardation and Developmental Disabilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.4 - Notice and opportunity to be heard

Current through Register Vol. 46, No. 28, July 10, 2024
Except in the case of emergencies requiring immediate
					 admission to State hospitals pursuant to the Mental Hygiene Law, a youth may be
					 transferred to the Department of Mental Hygiene only after written notice has
					 been given to the youth to be transferred, to his parents or guardian and to
					 his attorney of record, if any; and after the youth has been afforded an
					 opportunity to be heard at a transfer hearing pursuant to sections
					 175-1.7 and
					 175-1.8 of this
					 Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.5 - Initiation of transfer proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In conjunction with the appropriate
				  district supervisor, the director of the facility where the youth to be
				  transferred is in custody or the youth's foster care worker, shall prepare a
				  referral report documenting reasons why it appears that the youth is mentally
				  ill or mentally retarded and will substantially benefit from care and treatment
				  in the State school or State hospital and why the interests of the State will
				  be best served thereby. Such report shall include at least the following
				  documents:
(1) a memorandum to the Director
				  of Health Services requesting a transfer hearing pursuant to article 19-G,
				  section 517  of the Executive Law;
(2) a statement of the reasons why:
(i) it appears that the youth is mentally ill
				  or mentally retarded and will substantially benefit from care and treatment in
				  a State school or State hospital in the Department of Mental Hygiene;
				  and
(ii) the interests of the State
				  will be best served by the youth's care and treatment in a State school or
				  State hospital in the Department of Mental Hygiene; and
(3) a written and signed report prepared by a
				  psychiatrist based upon an examination conducted not more than one week
				  previously, stating that the youth requires inpatient care in either a State
				  school, a psychiatric center or in a residential treatment facility;
				  and
(4) a statement of general
				  background identifying information on the youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.6 - Notice of transfer hearing and statement of allegations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Division for Youth's Counsel's Office
				  shall prepare a notice of transfer hearing which shall include a statement
				  describing the allegations upon which the transfer hearing shall be
				  based.
(b) The notice of transfer
				  hearing shall state in writing the rights of the youth to a transfer hearing,
				  including the right of each party to be represented, to testify, to produce
				  witnesses, to present documentary evidence, to examine opposing witnesses to
				  the extent necessary to assure that the hearing officer is accurately informed
				  of the facts and to examine evidence.
(c) Copies of the notice of transfer hearing
				  shall be served by mail or in person upon the youth, the parents or guardian,
				  the youth's attorney and the hearing officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.7 - Rights of parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  transfer hearing shall be held within 20 days of mailing the notice of transfer
				  hearing, subject to the authority of the hearing officer to grant reasonable
				  adjournments.
(b) The transfer
				  hearing shall be presided over by a hearing officer designated by the Division
				  for Youth.
(c) The youth shall have
				  the right to legal counsel at the transfer hearing.
(d) The Division for Youth's Counsel's Office
				  shall act as agency representative at the transfer hearing.
(e) Notification of transfer hearing date. At
				  least five days prior to the date of the transfer hearing, notice shall be
				  given to the parties and representatives by the hearing officer, including the
				  youth, the youth's attorney and the parents or guardian of the youth. The
				  notice to the parties shall inform them of:
(1) the date and place of the transfer
				  hearing; and
(2) the name and
				  address of the hearing officer who will conduct the transfer hearing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.8 - Conduct of transfer hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The hearing officer shall preside. He shall make an opening statement
				  describing the nature of the proceeding and the issues and the manner in which
				  the transfer hearing will be conducted.
(b) The hearing officer shall have all the
				  powers conferred by law to require attendance of witnesses and the production
				  of books and records and to administer oaths and to take testimony.
(c) The hearing officer shall conduct an
				  impartial hearing.
(d) Technical
				  rules of evidence followed in a court of law shall not apply, but evidence must
				  be relevant and material.
(e) Each
				  party has a right to be represented by counsel, or other representative, to
				  testify, to produce witnesses to testify, to offer documentary evidence, to
				  examine opposing witnesses to the extent necessary to assure that the hearing
				  officer is accurately informed of the facts, to offer evidence in rebuttal and
				  to examine any documentary evidence offered by the other party.
(f) The hearing officer may, in his
				  discretion, order the removal of any person present at a transfer hearing when
				  the presence of that person interferes with the orderly conduct of the transfer
				  hearing.
(g) The transfer hearing
				  may be adjourned by the hearing officer for good cause on his own motion or at
				  the request of either party.
(h) A
				  verbatim record of the transfer hearing shall be made.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.9 - Examination of record after transfer hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The record of the transfer hearing shall be confidential,
					 but it may be examined by either party, including the youth, his parents or his
					 attorney.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.10 - The decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  hearing officer shall issue a decision determining whether sufficient grounds
				  for transfer as alleged exist. The hearing officer's decision shall be based
				  upon a preponderance of the evidence presented at the transfer hearing. Where
				  such evidence is found to exist, the hearing officer shall authorize the
				  Director of the Division for Youth to prepare an order to the Commissioner of
				  the Office of Mental Health or the Office of Mental Retardation and
				  Developmental Disabilities for transfer of the youth. The counsel's office
				  shall submit the Office of Mental Health or the Office of Mental Retardation
				  and Developmental Disabilities admission application form to the Director of
				  the Division for Youth for signature. The counsel's office then shall forward
				  the signed application to the facility director or foster care worker. Once the
				  facility director or foster care worker has received the written decision of
				  the hearing officer and signed application of the Director of the Division for
				  Youth, the youth may be transferred to the Office of Mental Health or the
				  Office of Mental Retardation and Developmental Disabilities.
(b) Where the hearing officer finds that
				  there is no substantial evidence upon which the allegations are based, the
				  hearing officer shall issue a decision which denies the transfer.
(c) In all cases, a written decision shall be
				  served upon the parties within four days following the hearing.
(d) Notice of a decision to transfer a
				  juvenile delinquent shall also be sent to the family court which placed the
				  youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.11 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
In the letter transmitting the decision, the hearing
					 officer shall advise the parties of the availability of judicial review,
					 pursuant to article 78 of the Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.12 - Voluntary transfer

Current through Register Vol. 46, No. 28, July 10, 2024
A youth may volunteer to transfer to a State school or
					 State hospital in the Department of Mental Hygiene without a transfer hearing.
					 The youth must sign a waiver of a transfer hearing while represented by an
					 attorney. The youth's attorney shall countersign the waiver as a witness if he
					 determines that the youth is aware of the significance of his act and shall
					 sign an affidavit indicating that he: advised the youth of his right to a
					 hearing; examined all relevant materials and conferred with the psychiatrist
					 treating the youth; and concludes that it is in the best interest of the youth
					 to waive the transfer hearing.
(b) The
				  hearing officer shall review the youth's waiver of transfer hearing, the
				  attorney's affidavit and all relevant documents and determine whether the
				  youth's waiver was voluntary and knowing. He shall notify the counsel's office
				  and the facility director or foster care worker of his decision orally, as soon
				  as practicable, and render a written decision to be mailed to the parties
				  within two business days of his receipt of the written materials. Upon receipt
				  of the hearing officer's oral approval for the transfer, the counsel's office
				  shall submit the Office of Mental Health or the Office of Mental Retardation
				  and Developmental Disabilities admission application form to the Director of
				  the Division for Youth for signature. The legal unit shall then forward the
				  signed application to the facility director or foster care worker. When the
				  facility or foster care worker has received the written decision of the hearing
				  officer and the signed application of the Division for Youth Director, the
				  youth may be transferred to the Office of Mental Health or the Office of Mental
				  Retardation and Developmental Disabilities.
(c) If the hearing officer does not accept
				  the waiver, a hearing shall be held in accordance with the procedures set out
				  in sections 175-1.6 through
				  175-1.9 of this Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-1 - Transfers To State Schools And State Hospitals In The Department Of Mental Hygiene › Section 175-1.13 - Emergency requiring immediate admission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A youth who has been examined by a
				  psychiatrist, physician or appropriate Division for Youth professional and
				  determined to require immediate hospitalization shall be referred to a hospital
				  pursuant to section
				  9.39 or section
				  9.37 of the Mental Hygiene Law for
				  observation, care and treatment.
(1) A youth
				  shall be determined to require immediate hospitalization if he is alleged to
				  have a mental illness for which immediate observation, care and treatment in a
				  hospital is appropriate and which is likely to result in serious harm to
				  himself or others. For the purpose of this section, likelihood to result in
				  serious harm shall mean:
(i) substantial risk
				  of physical harm to himself as manifested by threats of or attempts at suicide
				  or serious bodily harm or other conduct demonstrating that he is dangerous to
				  himself; or
(ii) a substantial risk
				  of physical harm to other persons as manifested by homicidal or other violent
				  behavior by which others are placed in reasonable fear of physical
				  harm.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-2 - Transfers Of Juvenile Delinquents To Secure Facilities › Section 175-2.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall apply only to juvenile delinquents
					 placed with the division under section 353.5 or paragraphs (a) and (b) of
					 subdivision 3 of section
					 353.3 of the Family Court
					 Act.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-2 - Transfers Of Juvenile Delinquents To Secure Facilities › Section 175-2.2 - Guidelines for transfer

Current through Register Vol. 46, No. 28, July 10, 2024
A juvenile delinquent shall be considered for transfer from
					 a school or center under the jurisdiction of the Division for Youth pursuant to
					 title III of article 19-G of the Executive Law, to a secure facility only
					 when:
(a) the juvenile delinquent has
				  shown himself to be exceptionally dangerous to himself or to other persons
				  during his placement at the school or center. A juvenile delinquent may be
				  transferred if his behavior indicates that he is exceptionally dangerous to
				  himself, to other youth or staff members in the facility, or to persons in the
				  community. Exceptionally dangerous behavior may include, but is not limited to:
				  serious intentional assaults on other persons, sexual assaults on other youth
				  or setting fires; or
(b) the
				  juvenile delinquent has demonstrated by a pattern of behavior at the school or
				  center that he needs a more structured setting. Such behavior may include, but
				  is not limited to: persistently refusing to obey the reasonable instructions of
				  staff members; consistently causing disruptions in facility programs;
				  continuously and maliciously destroying State property or personal property of
				  other youth or staff members; or, repeatedly inciting other youth to commit
				  assaultive or destructive acts. No such transfer shall be made unless:
(1) the hearing officer has evaluated the
				  juvenile delinquent's clinical record;
(2) the appropriate personnel have considered
				  the appropriateness and availability of a transfer to an alternative nonsecure
				  facility; and
(3) a plan of further
				  service for the juvenile delinquent has been developed;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-2 - Transfers Of Juvenile Delinquents To Secure Facilities › Section 175-2.3 - Notice and assistance to juvenile delinquent in a transfer hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director of
				  the school or center shall prepare, in a simple but complete manner, a written
				  notice of the charges setting forth the grounds upon which the transfer is
				  sought. The juvenile delinquent shall be provided with a copy of the notice of
				  the charges at least 48 hours prior to the transfer hearing by the coordinator
				  of his residential unit.
(b) In
				  order to prepare for his hearing, the juvenile delinquent is entitled to the
				  assistance of a representative and shall be so informed.
(1) A list of at least three available
				  representatives shall be prepared by the division's counsel's office. The list
				  shall consist of Division for Youth ombudsmen and other division legal staff,
				  and shall always include the school's or center's ombudsman. If the juvenile
				  delinquent wishes to select his representative, he shall be entitled to do so;
				  if he refuses to do so, then the counsel's office shall appoint a
				  representative from the prepared list for him.
(2) The juvenile delinquent's representative
				  shall:
(i) meet with the juvenile delinquent
				  as soon as possible to discuss the charges. If a juvenile delinquent under 16
				  years of age is charged with any act which would be a crime if committed by an
				  adult, or if he is over 16 and is charged with any violation of law, he shall
				  be advised of his privilege against self-incrimination;
(ii) meet with any persons whom the juvenile
				  delinquent wishes to call as witnesses and arrange for these people to appear
				  at the hearing if he believes that their testimony would be helpful;
(iii) examine the juvenile delinquent's
				  record and determine if any of its contents are relevant to the juvenile
				  delinquent's defense. The youth's representative shall be given a copy of all
				  documentary evidence which the school or center intends to introduce at the
				  hearing at the time he is notified of his appointment as representative, or as
				  soon as practicable thereafter; but, in no event shall he be given said
				  documents less than 48 hours prior to the hearing.
(3) The Division for Youth's Counsel's Office
				  shall provide training to staff members who will act as youth representatives
				  at transfer hearings.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-2 - Transfers Of Juvenile Delinquents To Secure Facilities › Section 175-2.4 - Emergency transfer requests

Current through Register Vol. 46, No. 28, July 10, 2024
A juvenile delinquent may be placed in a secure facility
					 pending a transfer hearing when there is a danger of safety. Notice of the
					 charges shall be provided to the juvenile delinquent within 48 hours of the
					 transfer, excluding weekends or holidays.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-4 - Transfer Of Juvenile Offenders To The Department Of Correctional Services › Section 175-4.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart sets forth requirements and guidelines for the
					 transfer of juvenile offenders from the custody of the Division for Youth to
					 the custody of the Department of Correctional Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-4 - Transfer Of Juvenile Offenders To The Department Of Correctional Services › Section 175-4.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Subpart shall apply to juvenile
					 offenders committed to the custody of the Division for Youth who are 16 years
					 of age or older. A juvenile offender, 16 years of age or older, may be
					 transferred from the custody of the Division for Youth to the custody of the
					 Department of Correctional Services when there is no substantial likelihood
					 that the juvenile offender will benefit from the programs offered by division
					 facilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-4 - Transfer Of Juvenile Offenders To The Department Of Correctional Services › Section 175-4.3 - Transfer guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
A juvenile offender may be transferred from the custody of
					 the Division for Youth to the custody of the Department of Correctional
					 Services if he or she meets any one or more of the criteria set forth below,
					 however, no transfer based soley on paragraphs (b), (e), or (g) shall occur
					 during the first ninety days of residence in a Division for Youth
					 facility.
(a) the juvenile offender
				  constitutes a danger to him or herself or other individual(s) and is in need of
				  increased structure and/or supervision;
(b) the juvenile offender consistently
				  refuses to participate or demonstrates an unwillingness to participate, in the
				  division's programs;
(c) the
				  juvenile offender has consistently engaged in behavior involving unauthorized
				  organizations, which constitutes a threat to the safety, security and good
				  order of the facility;
(d) the
				  juvenile offender was found to be in possession of any weapon or other
				  dangerous contraband which constitutes a threat to the safety, security and
				  good order of the facility;
(e) the
				  juvenile offender engages in behavior which consistently interferes with the
				  ability of other residents to progress in the Division for Youth
				  programs;
(f) the juvenile offender
				  has documented medical treatment needs which can be better managed in
				  facilities operated by the Department of Correctional Services;
(g) the juvenile offender has requested to be
				  transferred to the custody of the Department of Correctional Services and the
				  division approves of such transfer, after considering the juvenile offender's
				  emotional maturity, program needs and earliest parole eligibility
				  date;
(h) the juvenile offender is
				  a parole violator, and the Division for Youth has assessed the juvenile
				  offender's reported behavior while on parole and the nature of the parole
				  violation, and has determined that there is no substantial likelihood that the
				  juvenile offender will benefit from the programs offered in Division for Youth
				  facilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-4 - Transfer Of Juvenile Offenders To The Department Of Correctional Services › Section 175-4.4 - Transfer process-juvenile offenders 18 years of age or older

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
				  transfer a juvenile offender who is 18 years of age or older to the custody of
				  the Department of Correctional Services, the criteria supporting the transfer
				  of such juvenile offender shall be documented by the division.
(b) Such documentation shall be forwarded to
				  the deputy director for residential services of the Division for Youth for
				  review and recommendation within two business days after it is received. The
				  deputy director for residential services shall forward the documentation to the
				  director of the division.
(c) The
				  director of the division, or his or her designee, shall review the
				  documentation and issue a final determination either approving or disapproving
				  the transfer within five business days after receipt. If the director of the
				  division approves the transfer, he or she shall execute a certification to the
				  Department of Correctional Services for the purposes of effecting the transfer
				  of the juvenile offender.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-4 - Transfer Of Juvenile Offenders To The Department Of Correctional Services › Section 175-4.5 - Expedited transfer

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with the transfer guidelines contained in
					 this Subpart, in circumstances where it is necessary to ensure the health and
					 safety of individuals in a secure facility, a juvenile offender who is 18 years
					 of age or older may be transferred to the Department of Correctional Services
					 on an expedited basis upon a verbal certification by the director of the
					 division. Written confirmation of the certification, including the
					 documentation required pursuant to section
					 175-4.4 of this Subpart and the
					 reasons for an expedited transfer, shall be submitted to the Department of
					 Correctional Services within one business day after the expedited transfer
					 occurs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-4 - Transfer Of Juvenile Offenders To The Department Of Correctional Services › Section 175-4.6 - Transfer process-16- and 17-year old juvenile offenders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to
				  transfer a juvenile offender who is 16 or 17 years of age to the custody of the
				  Department of Correctional Services, the criteria supporting the transfer of
				  such juvenile offender shall be documented by the division, including any
				  written reports.
(b) Such
				  documentation shall be forwarded to the deputy director for residential
				  services of the division for review and recommendation within two business days
				  after it is received. The deputy director for residential services shall
				  forward the documentation to the director of the division.
(c) The director of the division, or his or
				  her designee, shall review the documentation and issue a final determination
				  within five business days after receipt. The final determination shall be
				  forwarded to the deputy director and general counsel of the division.
(d) If the director of the division, or his
				  or her designee, approves the transfer request, the deputy director and general
				  counsel shall notify the deputy director for residential services of the final
				  determination and shall apply to the sentencing court for permission to
				  transfer the juvenile offender to the custody of the Department of Correctional
				  Services.
(e) The juvenile offender
				  shall be notified of the final determination of the director of the division
				  within seven days thereafter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 175 - Transfers › Subpart 175-4 - Transfer Of Juvenile Offenders To The Department Of Correctional Services › Section 175-4.7 - Appeal procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  juvenile offender may request a copy of his or her transfer documentation
				  within seven days after the transfer has occurred.
(b) A juvenile offender 18 years of age or
				  older who is transferred to the custody of the Department of Correctional
				  Services may appeal the transfer determination to the director of the division,
				  in writing, within 30 days of the transfer. The juvenile offender may provide a
				  written statement for review by the director of the division.
(c) The director of the division, or his or
				  her designee, shall issue a decision within 10 days after receipt of the
				  juvenile offender's appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.1 - Expenditures for care and maintenance in voluntary child caring agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Expenditures
				made by social services districts for care, maintenance and supervision
				furnished alleged and adjudicated juvenile delinquents and persons in need of
				supervision in facilities operated by authorized agencies in compliance with
				the rules of the State Board of Social Welfare, not including facilities of the
				division, and in public and private detention facilities and in certified
				boarding homes, pursuant to directions of the Family Court, shall be subject to
				reimbursement by the State, upon approval by the division and in accordance
				with its regulations, as follows:
(1) the full
				amount expended by the district for care, maintenance and supervision of State
				charges;
(2) 50 percent of the
				amount expended for the care, maintenance and supervision of local
				charges.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.2 - Scope of care and maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Care and maintenance may include clothing, food, shelter, medical care (in the
				facility or in the hospital), transportation for home visits, and other
				expenses for the child in care.
(b)
				Care and maintenance does not include transportation for a child for placement
				in an institution or for a preplacement interview.
(c) Care and maintenance is limited to
				residential care and does not include day treatment programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.3 - Reimbursement of expenditures for care and maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reimbursement of expenditures for care of
				a child shall include per diem costs of absences for only those listed below:
(1) AWOLS--Division for Youth will reimburse
				for up to seven continuous AWOL days for any single episode;
(2) weekend visits;
(3) school and religious holidays;
(4) organized school trips;
(5) legal detention--up to seven
				days;
(6) visits to potential
				foster parents--up to seven days;
(7) vacations home--up to seven continuous
				days;
(8) absences due to
				hospitalization--up to 15 days per calendar year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.4 - Claims for state reimbursement for care and maintenance provided in voluntary child caring agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Submission.
(1) Claims for reimbursement for
				expenditures for care and maintenance of juvenile delinquents and persons in
				need of supervision shall be submitted by the social services districts making
				the expenditures in the first instance.
(2) All claims must be submitted in duplicate
				with original signatures, pursuant to instructions from the division.
(3) Each county must submit a claim every
				quarter.
(4) Claims must be
				received by the Division for Youth within one year of the period of
				service.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.5 - Repayments and refunds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				social services district receives a payment pursuant to a court order for the
				support of a juvenile delinquent or a person in need of supervision from the
				child's parents or other person liable for his support, the district shall
				record and report the amount collected when claiming reimbursement in
				accordance with division procedures.
(b) When a social services district receives
				an amount from any other source as an offset to expenditures made for care of a
				delinquent child or a person in need of supervision, the district shall record
				and report the amount collected in accordance with division
				procedures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.6 - Annual adjustment of per diem rates for care provided by voluntary child caring agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				computing reimbursement to the social services district pursuant to this
				section, the division shall ensure that the aggregate of State aid under all
				State aid formulas shall not exceed 50 percent of the cost of care, maintenance
				and supervision, exclusive of Federal aid for such purposes.
(b) Each authorized agency shall provide the
				division with financial information necessary to calculate per diem rates as
				may be required by the division. Such information shall specifically include
				amounts received or to be received under other State or Federal aid
				programs.
(c) The Division for
				Youth will compute the per diem reimbursable rates once annually and will apply
				the adjustment to the first quarter claim for the following year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.7 - Expenditures for care and maintenance in division for youth facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Expenditures
				made by the Division for Youth for care, maintenance and supervision furnished
				youth, including alleged and adjudicated juvenile delinquents and persons in
				need of supervision, placed in or referred to the division's schools, centers,
				forestry camps and short-term adolescent training programs, shall be subject to
				reimbursement to the State by the social services district from which the youth
				was placed as follows: 50 percent of the amount expended for care, maintenance
				and supervision of local charges.
(b) Expenditures made by the Division for
				Youth for aftercare supervision shall be subject to reimbursement to the State
				by the social services district from which the youth was placed, in accordance
				with regulations of the division, as follows: 50 percent of the amount expended
				for aftercare supervision of local charges.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.8 - Establishment of per diem rates

Current through Register Vol. 46, No. 28, July 10, 2024
Separate per diem rates shall be computed as provided below
				  for all of the following categories of care: institutional care in division
				  facilities; foster family boarding home care provided by the division;
				  aftercare supervision provided by the division.
(a) The Director of the Division for Youth,
				subject to the approval of the Director of the Budget and certification to the
				chairperson of the Senate Finance and Assembly Ways and Means Committees, shall
				annually compute and determine per diem rates for each category of care
				provided by the division, according to a cost allocation plan based upon the
				services actually provided in the preceding calendar year.
(b) The Director of the Division for Youth,
				subject to the approval of the Director of the Budget and certification to the
				chairpersons of the Senate Finance and Assembly Ways and Means Committees, may
				establish a single per diem rate for all division facilities or may establish
				separate rates as may be appropriate to reflect the differentials in cost of
				specific division programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.9 - Scope of care and maintenance in division for youth facilities

Current through Register Vol. 46, No. 28, July 10, 2024
Care and maintenance includes clothing, food, shelter and
				  medical care (in the facility or in the hospital).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.10 - Charges for expenditures for care and maintenance in division for youth facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Division for Youth will bill local districts for all days of care while a child
				is in a division facility or program, from and including the day of admission
				up to but excluding the day of discharge.
(b) Bills for care of a child shall include
				per diem costs of absences for those listed below:
(1) AWOLS--Division for Youth will bill for
				up to seven continuous AWOL days (inclusive of day of departure) for any single
				episode;
(2) weekend
				visits;
(3) school and religious
				holidays;
(4) organized school
				trips;
(5) legal detention--up to
				seven days (inclusive of day of departure);
(6) visits to potential foster parents--up to
				seven days (inclusive of day of departure);
(7) vacations home--up to seven continuous
				days (inclusive of day of departure);
(8) admissions to hospitals for medical
				care--for the entire period of absence (unless the cost of hospital care is
				paid by sources other than Division for Youth).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.11 - Repayments and refunds for support of children in the division

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a social
				services district receives a payment for the support of a child in a division
				facility, then the amount shall be divided between the local district and the
				State in the same proportion as the costs have been divided.
(b) The district shall record and report the
				amount collected and submit the State's share to the division, in accordance
				with Division for Youth procedures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 176 - Reimbursement For Institutional Care, Aftercare Supervision, Foster Care And Detention › Section 176.12 - Reimbursement for detention expenditures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No reimbursement will be paid for those
				days in excess of 45 for children kept in detention, both secure and nonsecure,
				without authorization of the Division for Youth.
(b) No reimbursement will be paid for
				children placed in secure or nonsecure detention facilities which have not been
				approved by the Division for 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 177.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to ensure the protection and
				  promotion of legal rights for 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 177.2 - Composition

Current through Register Vol. 46, No. 28, July 10, 2024
The office of the ombudsman shall be composed of a director
				  who shall be an ombudsman and an attorney admitted to practice in the State of
				  New York and ombudsmen who shall also be attorneys admitted to practice in the
				  State of New York. They may be assisted by staff who are knowledgeable in the
				  areas of juvenile justice and youth rights. The ombudsmen shall have direct
				  access to the director of the division. The Director of Ombudsman shall report
				  to the director of the division. The director and the ombudsmen shall be
				  appointed and removed by the director of the division in accordance with
				  applicable Civil Service laws, rules and regulations and negotiated agreements.
				  They shall be State employees.