reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 156 - Performance Evaluations And Advances For Employees In The Rent Regulation Services Negotiating Unit › Section 156.7 - Performance awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				employee who, on March 31, 1985, has completed five years or more of continuous
				service as defined by section
				130.3(c) of the
				Civil Service Law, at an annual salary rate equal to or higher than the job
				rate of the employee's grade, whose performance for the preceding year is rated
				higher than unsatisfactory or its equivalent, and who is in full-time
				employment status on the date of payment [FN**] shall receive a performance
				award paid in December 1985, in the amount of $750.
(b) Each employee who, on March 31, 1986, has
				completed five years or more of continuous service as defined by section
				130.3(c) of the
				Civil Service Law, at an annual salary rate equal to or higher than the job
				rate of the employee's grade, whose performance for the preceding year is rated
				higher than unsatisfactory or its equivalent, and who is in full-time
				employment status on the date of payment**shall receive a performance award
				paid in December 1986, in the amount of $750.
(c) Each employee who, on March 31, 1987, has
				completed five years or more of continuous service as defined by section
				130.3(c) of the
				Civil Service Law, at an annual salary rate equal to or higher than the job
				rate of the employee's grade, whose performance for the preceding year is rated
				higher than unsatisfactory or its equivalent, and who is in full-time
				employment status on the date of payment** shall receive a performance award
				paid in December 1987, in the amount of $850.
(d) Each employee whose basic annual salary
				on March 31, 1985, is equal to or exceeds the job rate of the grade to which
				the employee's position is allocated shall on that date, for the purpose of the
				application of subdivisions (a)-(c) of this section, be considered to have
				completed five or more years of continuous service as defined by section
				130.3(c) of the
				Civil Service Law, at an annual salary rate higher than the job rate of the
				grade of the position held by the employee on that date.
[FN**] Employees otherwise eligible who are promoted, or who
				  die or retire after the March 31st eligibility date and before the date of
				  payment, shall receive such payment. Employees otherwise eligible who after the
				  March 31st eligibility date are on an authorized leave of absence without pay
				  on the date of payment shall receive such payment if they return to full
				  payroll status within one year of the payment date.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 156 - Performance Evaluations And Advances For Employees In The Rent Regulation Services Negotiating Unit › Section 156.8 - Summary rating review procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The agency will establish one or more
				performance evaluation review boards, as necessary and as appropriate, to
				consider requests for review of summary ratings from employees whose
				performance has been summarized as unsatisfactory or an equivalent
				rating.
(2) The agency review board
				will consist of three members from among employees in the agency whose
				positions have been either designated managerial or assigned to the Rent
				Regulation Services Negotiating Unit. One member designated managerial will be
				appointed by the agency head or his/her designee, one member will be appointed
				by the President of District Council 37 or his/her designee, and the third
				member will be appointed jointly by both parties from a list of mutually
				acceptable employees within the agency who are eligible to serve on the
				board.
(3) The agency review board
				will review the employee's request and make a recommendation to the agency
				head, or his/her designee, who will make the final decision in the agency with
				respect to the employee's request. A board member who participated in the
				development of an employee's evaluation report shall not participate in the
				review of the employee's request, nor shall an agency head, or his/her
				designee, who may be responsible for the final decision in the agency
				concerning the employee's evaluation, participate in deliberations of the
				agency review board.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 156 - Performance Evaluations And Advances For Employees In The Rent Regulation Services Negotiating Unit › Section 156.9 - Performance advances for employees in unallocated trainee positions

Current through Register Vol. 46, No. 28, July 10, 2024
Employees serving in unallocated trainee positions shall be
				  subject to the performance evaluation system described in section
				  156.4 of this Part. Such employees
				  shall be eligible to receive performance advances in accordance with the terms
				  of plans developed by the Director of Classification and Compensation and
				  approved by the Director of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 156 - Performance Evaluations And Advances For Employees In The Rent Regulation Services Negotiating Unit › Section 156.10 - Agency performance rating and advance reporting requirement

Current through Register Vol. 46, No. 28, July 10, 2024
Each agency may be required, upon the request of the Director
				  of the Budget, to provide timely statistical reports of performance ratings and
				  advances in a manner prescribed by him. Such reports shall be filed
				  simultaneously in a timely fashion with the Director of the Budget and the
				  Director of Employee Relations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 156 - Performance Evaluations And Advances For Employees In The Rent Regulation Services Negotiating Unit › Section 156.11 - Waiving of rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The specific provisions and limitations contained in this
				  Part may be waived pursuant to provisions of law by the Director of the Budget
				  whenever he determines that strict adherence to the rules would be detrimental
				  to the sound and orderly administration of State government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 164 - Aids Testing And Confidentiality Of Hiv-related Information: Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids) › Section 164.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				of this Part is to establish standards for the proper disclosure of HIV-related
				information within facilities operated by the Division for Youth, including
				foster homes.
(b) The purpose of
				this Part is to establish standards which limit the risk of discrimination and
				harm to a youth's privacy which unauthorized disclosure of HIV information can
				cause.
(c) The purpose of this Part
				is to establish standards which seek to enhance the safety of employees, foster
				care parents and youth at facilities or programs operated by the Division for
				Youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 164 - Aids Testing And Confidentiality Of Hiv-related Information: Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids) › Section 164.2 - Legal basis

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 500 
				of the Executive Law grants the director of the Division for Youth (director)
				the power and responsibility to adopt regulations that are necessary and proper
				to implement matters under his or her jurisdiction, and to set standards of
				quality and adequacy of facilities, equipment, personnel, services, records and
				programs for the rendition of services for youth.
(b) Section 2786  of the Public Health Law
				requires the director to promulgate regulations which provide safeguards
				against discrimination, abuse and other adverse actions directed toward
				protected individuals; provide for the proper disclosure of HIV-related
				information; protect individuals in contact with protected individuals when
				such contact creates a significant risk of contracting or transmitting HIV
				infection and establish criteria for determining when it is reasonably
				necessary for a provider of a health or social service or a State agency or a
				local government agency to have or use confidential HIV-related information for
				supervision, monitoring, investigation or administration.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 164 - Aids Testing And Confidentiality Of Hiv-related Information: Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids) › Section 164.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to any Division for Youth operated
				  residential facility, including foster homes and group homes.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 164 - Aids Testing And Confidentiality Of Hiv-related Information: Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids) › Section 164.5 - Prevention of discrimination and abuse

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No youth will be subjected to
				discrimination because that youth is or is thought to be HIV infected. All
				youth shall be appropriately served by programs operated by the division
				according to the needs of the youth.
(b) The division shall provide training
				and/or training opportunities to all direct care personnel in facilities,
				foster care and group homes, which shall include, at a minimum:
(1) initial employee and annual in-service
				training regarding the symptoms, causes and transmission of HIV and universal
				infection control procedures; and
(2) initial employee training and annual
				in-service training regarding legal prohibitions against unauthorized
				disclosure of confidential HIV-related information.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 164 - Aids Testing And Confidentiality Of Hiv-related Information: Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids) › Section 164.6 - Hiv-related testing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				noted in paragraph (b)(2) of this section, no physician or other person
				authorized pursuant to law may order an HIV-related test without obtaining
				written informed consent.
(1) Informed
				consent shall consist of providing to the youth to be tested or, if such youth
				lacks capacity to consent, as defined in section
				164.4(d) of this
				Part to the person lawfully authorized to consent to health care for such
				person, pretesting counseling that includes:
(i) explanations regarding the nature of HIV
				infection and HIV-related illness, benefits of the test and its results, an
				explanation of the HIV-related test and results, the accuracy of the
				HIV-related test, the significance and benefits of the test and its result; and
				the benefits of taking the test, including early diagnosis and medical
				intervention;
(ii) information
				regarding discrimination problems which might occur as a result of unauthorized
				disclosure of HIV-related information and legal protections prohibiting such
				disclosures;
(iii) information on
				preventing exposure or transmission of HIV infection, including behavior which
				poses a risk of HIV transmission; and
(iv) an explanation that the test is
				voluntary and that consent may be withdrawn at any time; information on the
				availability of anonymous HIV testing, including the location and telephone
				numbers of anonymous test sites.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 164 - Aids Testing And Confidentiality Of Hiv-related Information: Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids) › Section 164.9 - Protection of others at significant risk of infection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Staff and youth protection. Since medical
				history and examination cannot reliably identify all youth infected with HIV or
				other blood-borne pathogens, blood and body-fluid precautions shall be
				consistently used for all youth. This approach, referred to as "universal blood
				and body-fluid precautions" or "universal precautions," or "universal infection
				control procedures" shall be used during job-related activities which involve
				or may involve exposure to significant risk body substances as defined in
				Department of Health regulations at 10 NYCRR section
				63.9.
(b) Facilities and programs, including foster
				care, shall abide by any additional administrative guidelines regarding
				protective barriers or procedures as may be required by the division.
(c) Facility staff and division staff
				responsible for supervision of foster care cases will educate youth regarding
				behaviors which pose a risk for HIV transmission.
(d) Each division facility shall:
(1) implement and enforce a plan for the
				prevention of circumstances which could result in another exposed to blood or
				body fluids which could put them at risk for HIV infection, during the
				provision of services. Such a plan shall include:
(i) use of generally accepted protective
				barriers during the job-related activities which involve, or may involve,
				exposure to blood or body fluids. Such preventive action shall be taken by the
				employee with each youth and shall constitute an essential element for the
				prevention of bi-directional spread of HIV;
(ii) use of generally accepted preventive
				practices during job-related activities which involve the use of contaminated
				instruments or equipment which may cause puncture injuries;
(iii) training at the time of employment and
				yearly staff development programs on the use of protective equipment,
				preventive practices, and circumstances which represent a risk for all
				employees whose job-related tasks involve, or may involve, exposure to blood or
				body fluids;
(iv) provision of
				personal protective equipment for employees which is appropriate to the tasks
				being performed; and
(v) a system
				for monitoring preventive programs to assure compliance and safety;
				and
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 164 - Aids Testing And Confidentiality Of Hiv-related Information: Requirements Regarding Testing, Confidentiality And Precautions Concerning The Human Immunodeficiency Virus (hiv) And Acquired Immune Deficiency Syndrome (aids) › Section 164.10 - Monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
Employees and agents of the division responsible for
				  monitoring, inspecting, supervising, and investigating programs operated by the
				  division shall have access to confidential HIV information to the extent
				  necessary to discharge those responsibilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-1 - YOUTH DEVELOPMENT PROGRAMS › Section 165-1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart is established to provide for the coordination
					 and the allocation methodology for funding for a range of community level
					 services and programs that will promote positive youth development through
					 youth development programs in accordance with article 19-A of the Executive
					 Law. Consistent with the requirements of all applicable laws, rules and
					 regulations, youth development programs are designed to promote positive youth
					 development by undertaking activities to prevent delinquency and youth crime
					 while advancing the moral, physical, mental and social well-being of
					 youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-1 - YOUTH DEVELOPMENT PROGRAMS › Section 165-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Office
shall mean the New York State Office of Children and
				  Family Services established in the department of family assistance by ch. 436,
				  L. 1997.
(b)
Youth
shall mean any person under 21 years of age.
(c)
Municipality
shall mean
				  a county, or a city having a population of one million or more.
(d)
Youth development
				  program
shall mean a local program designed to accomplish the broad
				  purposes of article 19-A of the Executive Law to promote positive youth
				  development by undertaking activities to prevent delinquency and youth crime
				  while advancing the moral, physical, mental and social well-being of youth.
				  Provided, however, that the term
youth development program
does not include approved runaway programs or transitional independent living
				  support programs as such terms are defined in section 532-a  of the Executive
				  Law. When used in this Part, the term
youth development
				  program
refers only to those programs that receive youth development
				  funding as defined in subdivision (j) of this section.
(e)
Youth bureau
shall mean
				  an agency created by a municipality, village, town, or city for the purpose of
				  engaging in activities including, but not limited to, the planning, operation,
				  administration or monitoring of youth development programs offered by public or
				  private agencies serving youth throughout a particular municipality, village,
				  town, or city.
(f)
Municipal youth bureau
shall mean either:
(1) in a city having a population of one
				  million or more, the New York City Department of Youth and Community
				  Development, or a successor entity;
(2) a youth bureau that engages in
				  activities, including, but not limited to, the planning, operation,
				  administration or monitoring of youth development programs, throughout a
				  particular county; or
(3) a youth
				  bureau that engages in activities, including, but not limited to, the planning,
				  operation, administration or monitoring of youth development programs,
				  throughout two or more particular counties, in accordance with section 422 (5) 
				  of the Executive Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-1 - YOUTH DEVELOPMENT PROGRAMS › Section 165-1.4 - Funding of youth development programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Youth
				  development funding.
Each municipality operating a youth development program
					 approved by the office shall be eligible for 100 percent State reimbursement of
					 its qualified expenditures, subject to available appropriations and exclusive
					 of any Federal funds made available for such program, not to exceed the
					 municipality's distribution of State aid under article 19-A of the Executive
					 Law.
(1) Eligibility. Youth
				  development funding shall be distributed by the office to eligible
				  municipalities that have an approved comprehensive plan for youth development
				  programs.
(2) Distribution
				  methodology. Youth development funding shall be limited to the funds
				  specifically appropriated for youth development programs. The distribution of
				  youth development funding shall be based on the number of youth under the age
				  of 21 residing in each municipality, as shown by the last published Federal
				  census and certified in the manner provided for by section 54  of the State
				  Finance Law, as well as on other factors determined by the office, which may
				  include, but are not limited to:
(i) the
				  percentage and/or number of youth living in poverty within each
				  municipality;
(ii) the amount of
				  previous allocations;
(iii) the
				  amount of previous claims; and
(iv)
				  success in achieving previous targeted performance outcomes.
(3) Municipal youth bureaus
				  serving more than one county. The establishment of a single municipal youth
				  bureau by two or more municipalities in accordance with Executive Law section
				  422(5) shall not affect the amount of the youth development funding distributed
				  by the office to any such participating municipality.
(4) Statewide training and technical
				  assistance. The office may use a portion of youth development funding to enter
				  into contracts to provide statewide training for youth development programs, to
				  assist municipalities in obtaining performance data that can be used to improve
				  youth development programming, and/or for other efforts that directly support
				  youth development programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-1 - YOUTH DEVELOPMENT PROGRAMS › Section 165-1.5 - Youth development programs administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Non-discrimination.
(1) No youth
				  shall be denied the services or facilities of any youth development program
				  receiving State funding based on the youth's race, creed, color, national
				  origin, gender, sexual orientation, gender identity or expression, marital
				  status, religion, disability and/or any other protected class as defined by
				  law.
(2) No discrimination shall be
				  practiced in the employment of personnel for youth development programs on the
				  basis of race, creed, color, national origin, age, gender, sexual orientation,
				  gender identity or expression, marital status, religion, disability and/or any
				  other protected class as defined by law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-2 - Special Delinquency Prevention Programs (Repealed) › Section 165-2.1 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-2 - Special Delinquency Prevention Programs (Repealed) › Section 165-2.2 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-2 - Special Delinquency Prevention Programs (Repealed) › Section 165-2.3 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-2 - Special Delinquency Prevention Programs (Repealed) › Section 165-2.4 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-2 - Special Delinquency Prevention Programs (Repealed) › Section 165-2.5 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.1 - Legal authority

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart is promulgated pursuant to sections 500 and
					 527-j  of the Executive Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to implement the provisions
					 of chapters 211, 212 and 871 of the Laws of 1990 which authorize the New York
					 State Division for Youth to, subject to amounts appropriated through bonding,
					 provide awards to municipalities and not-for-profit corporations to promote the
					 physical, mental and social well-being of youth in order to prevent juvenile
					 delinquency. Pursuant to the aforementioned laws and this Subpart, those
					 municipalities and not-for-profit corporations who are provided awards shall
					 receive the benefit of capital projects to acquire, construct or rehabilitate
					 youth centers. These capital projects shall be financed through the Urban
					 Development Corporation and shall be planned and completed by or on behalf of
					 the Commissioner of General Services with the approval of the director of the
					 Division of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Award means the
				  approval by the division of a facility rehabilitation grant, new facility
				  project grant or new facility operation agreement.
(b) Capital project or project means the
				  facility acquisition or improvement that is financed by a facility
				  rehabilitation grant, a new facility project grant or a new facility operation
				  agreement.
(c) Division means the
				  New York State Division for Youth.
(d) Eligible applicant means:
(1) a municipality;
(2) a not-for-profit corporation;
				  or
(3) a municipality and a
				  not-for-profit corporation applying jointly.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.4 - Requests for proposals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  division shall publish requests for proposals from eligible applicants for
				  awards available pursuant to title 3-A of article 19-G of the Executive Law as
				  funds for such awards are made available.
(b) Requests for proposals shall include, but
				  shall not be limited to:
(1) a description of
				  the purpose of the request for proposal;
(2) a specific explanation of application
				  requirements;
(3) a statement of
				  funding priorities determined by the division. Such priorities may include, but
				  shall not be limited to, location of youth centers in areas where there is a
				  commitment to lessen disparities in the level of responsibility borne by
				  communities for the burdens imposed by facilities serving regional needs, with
				  due regard for the acceptance of alternatives to secure placement;
				  and
(4) an explanation of the
				  decision process used by the division in making an award.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.5 - Applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Not-for-profit
				  corporations are eligible applicants for:
(1)
				  facility rehabilitation grants for all or part of the cost of renovation,
				  rehabilitation, repair, remodeling or improvement of areas, buildings,
				  structures or facilities owned by an applicant not-for-profit corporation and
				  intended to be operated by the applicant not-for-profit corporation as a youth
				  center; and
(2) new facility
				  operation agreements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.6 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible
				  applicants shall submit applications in the format prescribed by the division
				  to a person and by a date set out in the request for proposal.
(b) This application shall include but shall
				  not be limited to the following:
(1) a
				  statement of the nature and the type of award for which application is
				  made;
(2) the dollar value of the
				  award requested;
(3) a description
				  of the proposed or existing program to be operated from the facility which is
				  the subject of the award;
(4) a
				  proposed maintenance and operating budget, including a listing of start-up
				  costs for the first full year of program operation after the completion of work
				  financed pursuant to this Subpart, including identification of funds to be used
				  for such expenses;
(5) if the
				  applicant or joint applicant is a not-for-profit corporation, or if it is
				  intended that a municipality or the division will contract with a
				  not-for-profit corporation for the provision of services as pursuant to a
				  facility operation agreement:
(i) evidence
				  that the not-for-profit corporation is duly incorporated and currently in good
				  standing;
(ii) a description of the
				  organizational and managerial structure of the not-for-profit
				  corporation;
(iii) the financial
				  and organizational history of the not-for-profit corporation;
(iv) a description of the present finances of
				  the not-for-profit corporation; and
(v) a description of the present and past
				  services to youth provided by the not-for-profit corporation;
(6) a description of the capital
				  project including:
(i) the address of the
				  site;
(ii) whether the project
				  consists of acquisition, rehabilitation, new construction or any combination of
				  these;
(iii) the current ownership
				  of the project site;
(iv) plans
				  which provide accurate dimensions of the project as related to the entire
				  project site;
(v) a proposed
				  construction and occupancy schedule for completion of the project including
				  time schedules for:
(a) commencement and
				  completion of regulatory and review processes and approvals including
				  procedures for land use; and
(b)
				  commencement and completion of construction or rehabilitation, including the
				  projected date when the facility will be available for utilization;
(vi) a description of the area in
				  which the project is located; and
(vii) the existence of any liens, mortgages
				  or other encumbrances relating to the project site;
(7) a description of the total financing of
				  the project including all other sources of funding; and
(8) an itemized schedule of project costs
				  described in section
				  165-3.3(1) of this
				  Subpart, exclusive of reserve fund costs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.7 - Review of applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  following standards shall be used by the division in its review of applications
				  for awards:
(1) the financial feasibility of
				  the project;
(2) the contractual
				  responsibilities of the parties;
(3) whether the planned use of the facility
				  conforms with the purposes of a youth center;
(4) the effect that the proposed youth center
				  will have on the programs provided by the applicant;
(5) whether the proposed youth center
				  facility program will provide intervention, diversion and delinquency
				  prevention programs which deter youth crime and promote the health, safety or
				  general welfare of the youth community; or advance the physical, mental and
				  social well-being of the youth community; or render vital assistance and
				  support to economically or socially disadvantaged youth;
(6) criteria relating to the financial and
				  programmatic commitment of the applicant, including but not limited to:
(i) the applicant's history of providing
				  services to youth; and
(ii) the
				  ability of the applicant to support the maintenance and operation of the
				  facility and its programs;
(7) the applicant's ability to comply with
				  the terms of the request for proposal; and
(8) the completeness of the
				  application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.8 - Grant of award

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  division will evaluate and rank complete applications according to the criteria
				  set out in section seven of this Subpart.
(b) State visits by State personnel including
				  but not limited to staff of the Office of General Services will be made to
				  verify project feasibility for applications ranked high enough to be considered
				  for an award.
(c) At least 30 days
				  prior to the approval of an application, the division shall notify the
				  Temporary President of the Senate and the Speaker of the Assembly of its intent
				  to make an award. This notification shall include:
(1) the name of the intended recipient of the
				  award;
(2) the proposed location of
				  the project;
(3) a brief
				  description of the project; and
(4)
				  the estimated project cost.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.9 - General agreement requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The division shall enter into an
				  agreement with every applicant approved for an award.
(b) Each agreement shall, at a minimum,
				  require that:
(1) the not-for-profit
				  corporation or municipality shall operate the youth center which is the subject
				  of the award in a manner consistent with the terms of its approved application,
				  for a period of time specified by the division, which period shall not exceed
				  15 years for facility rehabilitation grants and 30 years for new facility
				  project grants or new facility operation agreements;
(2) no agreement or amendment to an agreement
				  shall be effective until approved by the New York State Comptroller, Attorney
				  General and the director of the Division of the Budget;
(3) the Director of the Budget shall review
				  and approve the facility program plan submitted by the Commissioner of General
				  Services before any construction may begin on a capital project;
(4) the not-for-profit corporation or
				  municipality shall be reviewed by the division, at least annually, for
				  conformity to contractual provisions and to ascertain the financial condition
				  of the youth center;
(5) the
				  not-for-profit corporation or municipality shall be prohibited from:
(i) engaging in any activities promoting any
				  political candidate or party; and
(ii) expending funds from any award received
				  pursuant to title 3-A of article 19-G of the Executive Law or this Subpart for
				  activities which are meant to influence legislation;
(6) the not-for-profit corporation or
				  municipality shall not use any part of the award received pursuant to title 3-A
				  of article 19-G of the Executive Law and this Subpart for the operating costs
				  of a youth center program;
(7) the
				  not-for-profit corporation or municipality shall be responsible for general
				  maintenance of the youth center, as described in section
				  165-3.3(f) of this
				  Subpart, regardless of whether the State holds title to the youth
				  center;
(8) the not-for-profit
				  corporation or municipality shall comply with the requirements of all
				  applicable local laws, ordinances, codes, charters or regulations;
(9) the not-for-profit corporation or
				  municipality shall comply with standard clauses contained in Appendix A and
				  Appendix A Supplement which are a part of State contracts;
(10) the not-for-profit corporation or
				  municipality shall execute such agreements and provide such information as the
				  division may determine to be necessary to implement the provisions of title 3-A
				  of article 19-G of the Executive Law; and
(11) the agreement shall be contingent upon
				  the availability of funds to finance the capital project.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.10 - Specific agreement requirements-facility rehabilitation grants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a
				  not-for-profit corporation is the recipient of a facility rehabilitation grant
				  the agreement shall also provide that:
(1)
				  the not-for-profit corporation shall be required to repay project costs, other
				  than costs necessary for the creation of a reserve fund, if the facility which
				  is the subject of an award ceases to be used as a youth center during the
				  period specified in the agreement and shall submit a plan to the division
				  specifying a method for repayment of such project costs prior to approval of
				  the agreement;
(2) the
				  not-for-profit corporation which is the recipient of an award shall hold title
				  to the facility which is the subject of the award and operate the program or
				  programs as specified in its application; and
(3) the division shall be notified
				  immediately of tax liens or planned financial or organizational restructuring
				  of the not-for-profit corporation including but not limited to a change of
				  name, merger or bankruptcy.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.11 - Specific agreement requirements-new facility project grants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a
				  municipality, either singularly or acting jointly with a not-for-profit
				  corporation is the recipient of a new facility project grant, the agreement
				  shall also provide that:
(1) the municipality
				  shall hold title to the youth center; and
(2) in the event that the municipality
				  discontinues use of the facility financed by the award as a youth center during
				  the period specified in the agreement, the project costs shall become due and
				  owing to the state and shall be payable from any amounts of State aid to which
				  the municipality would be entitled.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.12 - Specific agreement requirements-new facility operation agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a
				  not-for-profit corporation is the recipient of a new facility operation
				  agreement, the agreement shall also provide that:
(1) the state shall hold title to the youth
				  center;
(2) the state shall lease
				  the youth center back to the not-for-profit corporation;
(3) the not-for-profit corporation shall
				  operate the youth center program in lieu of payment of rent for a period of
				  time to be determined by the division;
(4) the not-for-profit corporation which is
				  the recipient of an award shall operate the youth center program or programs in
				  the manner specified in its application; and
(5) the division shall be notified
				  immediately on tax liens or planned financial or organizational restructuring
				  of the not-for-profit corporation including but not limited to a change of
				  name, merger or bankruptcy.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.13 - Reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The municipality or not-for-profit corporation shall
					 provide periodic progress and status reports during the period covered by the
					 expenditure of the financing provided through an award or grant. These reports
					 shall include a final report relating to the capital project, and ongoing
					 reports relating to program operations subsequent to the completion of all
					 capital projects. The nature and frequency of reporting shall be determined by
					 the division and communicated to the applicant prior to the granting of an
					 award.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 165 - ADMINISTRATION OF YOUTH DEVELOPMENT PROGRAMS › Subpart 165-3 - Youth Center Facility Program › Section 165-3.14 - Monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
The division shall review the performance of recipients of
					 awards pursuant to this Subpart annually for purposes of determining conformity
					 with contractual provisions and the financial condition of the youth center as
					 it relates to the provisions of this Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-1 - Child Abuse Prevention And Remediation › Section 166-1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to set forth regulations and
					 procedures for the protection of youth from child abuse and maltreatment in
					 division-operated residential facilities and programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-1 - Child Abuse Prevention And Remediation › Section 166-1.2 - Review of applicants

Current through Register Vol. 46, No. 28, July 10, 2024
The Division for Youth shall establish, subject to and
					 consistent with any applicable collective bargaining agreement(s) and
					 provisions of the Civil Service Law, a written procedure to review, evaluate
					 and verify the backgrounds of and information supplied by all applicants for
					 employment or voluntary work. This procedure shall include provisions for
					 receiving, at a minimum, the following information from each applicant:
(a) a statement or summary of the applicant's
				  employment history, including but not limited to any relevant child-caring
				  experience;
(b) the names,
				  addresses, and where available, telephone numbers of references who can verify
				  the applicant's employment history, work record and qualifications;
(c) a statement or summary of the applicant's
				  or volunteer's educational experience showing elementary school(s), if the
				  applicant or volunteer does not have a secondary school diploma or high school
				  equivalency diploma, secondary school(s) or college(s) attended, highest grade
				  level or degree attained, and any additional credits earned;
(d) the names and addresses of educational
				  institutions that can verify the applicant's or volunteer's educational
				  information;
(e) a listing of
				  special skills or completed training courses which might aid in the performance
				  of duties of the position for which he or she is applying;
(f) the names, addresses and telephone
				  numbers of at least two personal references, other than relatives, who can
				  attest to the applicant's character, reputation and personal qualifications;
				  and
(g) a sworn statement by the
				  applicant, indicating whether, to the best of his or her knowledge, he or she
				  has ever been convicted of a crime in New York State or any jurisdiction and
				  that all statements in the application are true, to the best of his or her
				  knowledge.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 166 - General Administration › Subpart 166-1 - Child Abuse Prevention And Remediation › Section 166-1.3 - Supervision of staff and volunteers

Current through Register Vol. 46, No. 28, July 10, 2024
The Division for Youth shall develop, and maintain on a
					 current basis, a plan for adequate supervision of staff and volunteers in each
					 residential facility or program, taking into consideration the population
					 served and the type, size and physical layout of the facility or program, to
					 assure appropriate care of youth and the prevention of child abuse and
					 maltreatment. The plan shall be submitted to the deputy director of program
					 operations for review and approval. The plan shall include, but not be limited
					 to, the following:
(a) staffing
				  patterns and the rationale for such patterns;
(b) identification of all supervisors of
				  staff and volunteers, including the designation of onsite
				  supervisors;
(c) a list of the
				  qualifications and responsibilities of the supervisors;
(d) procedures for periodic observations by
				  supervisors of staff and volunteer interactions with youth in
				  program;
(e) procedures for
				  periodic supervisory conferences for staff and volunteers;
(f) procedures, consistent with any
				  applicable collective bargaining agreement(s) and provisions of the Civil
				  Service Law, for periodic written performance evaluations of staff conducted by
				  supervisors; and
(g) methods for
				  distributing written supervisory procedures to employees and
				  volunteers.