reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 180 - Juvenile Detention Facilities Regulations › Subpart 180-3 - Specialized Secure Detention Facilities › Section 180-3.28 - Loss of Good Behavior Allowance for Sentenced Youth

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The potential loss of good behavior
				  allowance is a specific disciplinary sanction that may impact a sentenced
				  youth's release date, based on a serious violation while in detention. This
				  sanction, when applied reasonably and with fairness, can be an essential
				  element in promoting safety and protecting the health and security of all
				  persons within a specialized secure detention facility. This sanction works in
				  tandem with section
				  180-3.14, by providing an
				  additional response for a sentenced youth who has a serious infraction. It does
				  not take the place of the Behavioral Intervention Policies of the facility, as
				  required by section
				  180-3.14 of this subpart.
(b) Limitations on the loss of good behavior
				  allowance:
(1) This sanction shall only be
				  applied to the degree necessary to maintain the youth's behavior within
				  acceptable limits and reinforce a commitment to maintain the overall standards
				  of behavior for the facility.
(2)
				  When evaluating a loss of good behavior allowance, the behavior of the youth
				  shall be viewed in light of his or her capacity and the efforts made by the
				  youth within the limits of his or her capacity.
(3) This sanction must be administered in a
				  fair, impartial and expeditious manner, and must be consistent. A sound program
				  relies upon certainty and promptness of action, not upon severity of the
				  measures.
(4) The loss of good
				  behavior allowance must never be arbitrary or capricious or administered for
				  retaliation or revenge.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 180 - Juvenile Detention Facilities Regulations › Subpart 180-3 - Specialized Secure Detention Facilities › Section 180-3.29 - Facility Safety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
				  safeguard the lives and property of all youth and staff within a specialized
				  secure detention facility and to minimize the possibility of fire emergencies
				  or other similar hazards, a specialized secure detention facility shall
				  practice proper fire prevention and safety measures and shall have an emergency
				  preparedness plan. At a minimum, a facility shall:
(1) Develop a plan to govern fire prevention
				  and safety, which, at a minimum, shall include:
(i) Full compliance with all applicable laws,
				  codes, rules and regulations related to fire safety and prevention.
(ii) A requirement to have the appropriate
				  authority, with code enforcement jurisdiction, conduct annual fire and safety
				  inspections of each building and its fire protection equipment. A copy of each
				  inspection report, together with a detailed written statement of all completed
				  and planned remedial actions, shall be maintained on file within such
				  facility.
(iii) A requirement to
				  designate staff members to conduct weekly fire and safety inspections of all
				  areas of the facility to determine whether a fire hazard exists, and to take
				  the necessary action to correct any such hazard(s). The results of such
				  inspections shall be recorded in a facility log maintained for such
				  purpose.
(iv) A requirement that
				  prior to assuming any duties, such appointed staff member(s) shall have
				  successfully completed appropriate specialized training.
(v) A requirement to conduct and document
				  monthly fire drills. Fire drills shall take place at random times and days and
				  shall cover all shifts at least twice a year.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 180 - Juvenile Detention Facilities Regulations › Subpart 180-3 - Specialized Secure Detention Facilities › Section 180-3.30 - Enforcement Powers

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS shall exercise its authority to enforce the provisions
					 of this subpart in a manner consistent with Social Services Law section 460-d
					 and 18 NYCRR Part 343 relating to the hearing process for residential care
					 programs for children.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 180 - Juvenile Detention Facilities Regulations › Subpart 180-3 - Specialized Secure Detention Facilities › Section 180-3.31 - OCFS Policies and Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
OCFS may develop policies and procedures related to the
					 provisions of this subpart, any of which shall have the same force and effect
					 as the section of subpart 180-3 it is defining or explaining.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 180 - Juvenile Detention Facilities Regulations › Subpart 180-3 - Specialized Secure Detention Facilities › Section 180-3.32 - Specialized Secure Detention Facility Policies and Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A specialized
				  secure detention facility shall develop written policies and procedures as
				  directed by this subpart. All such policies and procedures shall be maintained
				  in a facility manual, reviewed consistent with a schedule provided by OCFS and
				  SCOC, and updated as needed. If a policy or procedure requires approval by OCFS
				  or SCOC, then the updated version shall also need to be approved.
(b) In addition to the policies and
				  procedures detailed in this subpart, a specialized secure detention facility
				  shall also be required to develop policies and procedures for:
(1) Facility operations that:
(i) Govern food services, consistent with the
				  New York State Department of Health and the recommended dietary allowances of
				  the Food and Nutrition Board of the National Academy of Sciences, National
				  Research Council.
(ii) Govern the
				  control of items that are prohibited from the facility and provide for the
				  confiscation, return or destruction of such contraband.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.1 - Absence without official authorization (awol)

Current through Register Vol. 46, No. 28, July 10, 2024
A youth, as defined in section
				  181.4 of this Part, must be
				  identified as AWOL under one or more of the following circumstances:
(a) the youth leaves a Division for Youth
				program or facility or authorized agency program or facility without
				permission;
(b) the youth fails to
				arrive at or return to a Division for Youth program or facility or authorized
				agency program or facility on an assigned date;
(c) the youth fails to comply with
				stipulations governing a home visit;
(d) the youth leaves a staff member while on
				a community visit (movie, camping, etc.);
(e) whenever a program director or designee
				has reason to believe the youth is AWOL (as indicated by the youth's failure to
				be in attendance at an assigned program); or
(f) a youth must be considered as AWOL as
				soon as his/her absence (under one or more of the circumstances described
				above) is discovered.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.2 - Steps when a youth is considered awol

Current through Register Vol. 46, No. 28, July 10, 2024
Facility personnel should take the following steps:
(a) search the facility grounds and the
				surrounding community immediately; and
(b) notify the police, youth service team
				worker, and youth' s parents within four hours.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.3 - Time for requesting and issuance of warrants; notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A warrant must
				be requested or issued no later than 24 hours after a youth is considered
				AWOL.
(b) The Family Court must be
				notified in writing of a youth' s AWOL status no later than three business days
				after a youth is considered AWOL.
(c) In the case of a youth scheduled for a
				hearing (e.g., a 517 Mental Hygiene transfer) or as a witness in a hearing for
				a court appearance, the Office of General Counsel must be notified in writing
				or by telephone as soon as a youth's absence is discovered.
(d) Other appropriate persons must be
				notified of a youth's AWOL status no later than 24 hours after a youth is
				considered AWOL.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.4 - Issuance of warrants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				warrant on such forms as may be developed or revised by the division, shall be
				issued on:
(1) an adjudicated juvenile
				delinquent who is under the care and custody of the Division for
				Youth;
(2) an adjudicated person in
				need of supervision (PINS) who is under the care and custody of the Division
				for Youth;
(3) a youth who has been
				placed with the Division for Youth and whom the Division for Youth has replaced
				in an authorized agency; and
(4) a
				youth who has been placed in a the jurisdiction of the Division for Youth for
				replacement in an authorized agency, pursuant to Family Court order. (Please
				note, for these cases only, notwithstanding anything in this Part to the
				contrary, Division for Youth responsibility shall be limited to the issuance of
				warrants only. The authorized agency is responsible for facilitating return to
				program once an AWOL youth has been found.)
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.5 - Persons authorized to issue warrants

Current through Register Vol. 46, No. 28, July 10, 2024
A warrant shall be issued by:
(a) a youth service team supervisor or
				designee in the home community; and
(b) a program or facility director or
				designee in the local community where it is reasonable to believe that the
				youth is in the vicinity of that facility or program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.6 - General warrant issuance procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Local practices with respect to the issuance of a warrant may
				  vary, but the general procedure to be followed in order to issue a warrant is
				  to:
(a) call the central services unit
				within the region, or the office assigned warrant responsibility;
(b) have the appropriate person fill out a
				Division for Youth warrant form (a warrant number may be inserted, depending
				upon local practice); and
(c) have
				the appropriate person send or take the warrant to the local and/or State
				police in accordance with local practice.
For current local practices, see section 181.13 of this
					 Part, Local practices pertaining to the issuance and execution of
					 warrants.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.7 - Procedure when a youth on whom a warrant has been issued has been found

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a youth
				comes into or is brought to the office of a youth service team worker or is
				located at home or elsewhere by a Division for Youth worker:
(1) a youth who is an adjudicated juvenile
				delinquent must be taken personnaly to the local nonsecure or secure detention
				center or to the facility from which the youth absconded;
(2) a youth who is an adjudicated person in
				need of supervision must be personally taken to nonsecure detention or returned
				to the facility from which he/she absconded (see section
				181.10 of this Part on travel
				arrangements for return to facility and section
				181.14 of this Part for information
				about nonsecure detention); and
(3)
				detention facilities shall not hold AWOL's more than 72 hours.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.8 - Responsibilities of a division for youth employee if an awol youth threatens to run away from the employee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				Division for Youth employee must make every reasonable effort to convince a
				child not to leave the presence of the worker.
(b) In the case of juvenile delinquents who
				are placed in a training school, authorized agency or secure center, youth
				division counselors or youth division aides may use reasonable physical
				restraint to make certain that an AWOL youth does not leave his/her presence.
				Reasonable physical restraint includes the use of a transfer belt; handcuffs
				and/or footcuffs when a youth is uncontrollable and constitutes a serious and
				evident danger to himself/herself or others. Youth shall not be taken on public
				transportation in cuffs or belts. Reasonable physical restraint also includes
				the use of medicine provided it has been authorized by a physician and
				administered by a registered nurse or a medical doctor as provided in
				subdivision (b) of section
				168.3 of this Title. The youth
				shall be offered the medication orally prior to administration by injection.
Note: Where appropriate and feasible, Youth Division
				  counselors and aides should alert other staff and supervisors of any problems
				  and the need for their presence or possible held. In no event should the staff
				  member exert force that would be likely to result in injury to himself or the
				  youth
(c) A Division for
				Youth employee must call the police immediately if the youth leaves his/her
				presence, thereby refusing to return to program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.9 - Steps a division for youth employee must take to return a youth to program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the youth's
				program is within a 25-mile radius of the worker's office of presence, the
				worker must personally accompany the youth back to program.
(b) If the youth's program is beyond a
				25-mile radius of the worker's office or presence, the worker must personally
				arrange travel for the youth. Division for Youth transfer agents or the
				facility to which the youth is to be returned may be called. If Division for
				Youth transfer agents or facility agents are not available, the youth service
				team worker must make the travel arrangements. The home district supervisor may
				be contacted for assistance. If the worker has reason to believe that the youth
				will constitute a danger to himself or others or will abscond again if he/she
				travels along, or if the youth to be transported is an adjudicated title III
				juvenile delinquent, the worker must travel personally with the youth or find
				another Division for Youth worker to travel with the youth. In cases where a
				youth is likely to be disruptive or likely to try to abscond again, two workers
				shall be assigned to travel with the youth. Once travel arrangements have been
				made, the worker must phone the facility to which the youth is to be returned
				(if a facility agent is not transporting the youth) and inform the facility of
				the time and place of the youth's arrival. When transportation is not by
				automobile, the worker personally must accompany the youth to the train, plane,
				or bus and purchase a ticket. If the worker is not traveling with the youth (as
				may be the case for nondangerous title II youth), he/she must wait until the
				plane, train or bus has actually departed. Facility workers must be assigned to
				go to the train, plane or bus to meet the returning youth. Facility workers
				must arrive at the plane, train or bus depot 20 minutes prior to arrival time
				and wait at the gate of arrival. If the train, plane or bus is delayed, the
				facility worker must wait at the gate of arrival until the train, plane or bus
				comes in.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.10 - Facility responsibilities for the return of awol youth

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All facilities from which a youth has
				absconded must accept the youth back.
(b) If the facility feels it can no longer
				handle the youth, the appropriate youth service team should be informed
				immediately. In cases of emergency, the district supervisor, the regional
				director, or an appropriate person at the Albany central office should be
				contacted immediately. Under no circumstances should a returning AWOL youth be
				released to the community or to the street.
(c) The youth service team must work out a
				new placement for those youth deemed inappropriate for the facility in which
				they currently are residing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.11 - Removal of youth from a local detention center

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A youth who is taken to a local detention
				center to await transfer to the facility from which he/she absconded must be
				removed from the local detention center within three days. This includes a
				youth against whom a new petition is filed but who has not been remanded to
				detention by court order.
(b) The
				youth service team coordinator and the director of the facility from which the
				youth absconded must act in concert to see that the youth leaves the detention
				center and returns to his Division for Youth facility within three days. The
				home district supervisor may be contacted for assistance.
(c) For travel procedures, see section
				181.9 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.12 - Reporting procedures for absentees and warrants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All cases of absence (any absence for any
				reason) must be reported to the JCS (Juvenile Contact System) on the
				appropriate form.
(b) Unauthorized
				absences (AWOL's) must be reported to the JCS on the appropriate
				form.
(c) Warrant information must
				be reported to the JCS on the appropriate form.
(d) Records should be kept in the issuing
				office of all warrants issued and the status of those warrants (e.g.,
				outstanding, executed). These records shall be available for review at any
				time.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.13 - Local practices pertaining to the issuance and execution of warrants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Local practices
				in Region I. Upon notification, all of the youth service team offices listed in
				this subdivision will prepare the warrant and deliver it to the appropriate law
				enforcement agency for execution.
(1)
				District 1, City of Buffalo: Call the Youth Service Team Office at 600 Delaware
				Avenue, Buffalo, (716) 881-6800.
(2) District 1, outside of the City of
				Buffalo: Call the Youth Service Team Office at 125 Main Street, Buffalo, (716)
				842-4310.
(3) District 2, Monroe
				County: Call the Youth Service Team Office at 8 Exchange Street, Rochester
				14614, (716) 325-6075.
(4) District
				2, Wayne, Ontario, Seneca, Livingston, Genesee and Orleans Counties: Call the
				Youth Service Team Office at 2325 Elmwood Avenue, Rochester, (716)
				461-4300.
(5) District 2, Yates,
				Steuben, Schuyler and Chemung Counties: Call the Youth Service Team Office at
				214 East Chruch Street, Elmira, 14901, (607) 733-6656.
(6) Industry School: Industry School follows
				the procedures in this section with the exception that for youths from region
				I, District 2, Monroe, Wayne, Seneca, Ontario, Yates, Orleans, Genesee and
				Livingston Counties, warrants are issued directly from Industry
				School.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 181 - Warrants And Awol's-policies And Procedures › Section 181.14 - Detention facilities and awol's

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Secure detention facilities and juvenile
				delinquents. Juvenile delinquents who have been absent without leave may be
				taken to the following secure detention facilities:
(1) New York City--Spofford Juvenile
				Center;
(2) Erie County--Erie
				County Detention Facility;
(3)
				Monroe County--Monroe County Children's Center;
(4) Onondaga County--Hillbrook Detention
				Facility;
(5) Westchester
				County--Woodfield Detention Cottage;
(6) Suffolk County--County Children's
				Shelter;
(7) Nassau County--Nassau
				County Children's Shelter;
(8)
				Ulster County--Highland Regional Secure Detention Facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart is established to protect runaway and homeless
					 youth and to establish, coordinate, integrate and fund an appropriate range of
					 services designed to help such youth cope with and resolve problems. Consistent
					 with the requirements of this Subpart, each runaway program shall provide
					 services to runaway and homeless youth and, where appropriate, their families.
					 Programs shall work toward reuniting runaway and homeless youth with their
					 families, whenever possible, and shall encourage youth and their families to
					 resolve differences without resorting to court proceedings.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Subpart the terms:
(a)
Applicant
shall mean a
				  municipality, agency, or other duly incorporated organization requesting to
				  operate a runaway program.
(b)
Approval
shall mean that a proposed non-residential program is
				  found to be in compliance with the requirements of this Subpart after
				  submission to the office by the municipality as part of its comprehensive
				  plan.
(c)
Runaway and
				  homeless youth crisis services program
shall mean:
(1) any non-residential program approved by
				  the office, after submission by the municipality as part of its comprehensive
				  plan, that provides services to runaway and homeless youth in accordance with
				  the regulations of the office; or
(2) any residential program which is operated
				  by an authorized agency as defined in section 371 (10)  of the Social Services
				  Law, and certified by the office to provide short-term residential services to
				  runaway youth and homeless youth in accordance with the applicable regulations
				  of the Office of Temporary and Disability Assistance and the office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
In order to qualify for office approval as a
					 non-residential program or office certification as a residential program, a
					 runaway and homeless youth crisis services program shall be:
(a) operated by an entity which is:
(1) properly incorporated in the State of New
				  York;
(2) fiscally sound;
(3) governed by a board of directors who have
				  experience and/or training in the legal, fiscal and service aspects of youth
				  programs; and
(4) an authorized
				  agency, if a residential program;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.4 - Office approval or certification of runaway and homeless youth crisis services programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  municipality shall apply to the office, on forms prescribed by the office, for
				  approval of non-residential runaway and homeless youth crisis services
				  programs. Applicants to operate non-residential runaway and homeless youth
				  crisis services programs shall submit information, documentation and a specific
				  description of the nature and purpose of the program for which the applicant is
				  seeking approval, to the municipality.
(b) An applicant seeking to operate a
				  residential runaway and homeless youth crisis services program must submit to
				  the office a copy of its articles of incorporation, containing a purposes
				  clause empowering the agency to care for, place out or board out children, in
				  order to demonstrate it is an authorized agency.
(c) The following documents and information
				  shall comprise an application submitted to a municipality for approval of a
				  non-residential runaway and homeless youth crisis services program or an
				  application submitted to the office for certification of a residential runaway
				  and homeless youth crisis services program:
(1) the financial and organizational history
				  of the applicant, including a copy of the most current fiscal audit report and
				  the most recent annual report;
(2)
				  the number and characteristics of clients served in past and present
				  programs;
(3) a copy of the
				  applicant's New York State articles of incorporation and all amendments
				  thereto, with proof that such corporate papers have been filed with the
				  Department of State;
(4)
				  documentation of current charities registration, if a not-for-profit
				  agency;
(5) a list of the
				  applicant's governing board members;
(6) a notarized statement, signed by the
				  chief executive officer of a municipality or president of a board of directors
				  stating that, to the best of his or her knowledge, no member of the governing
				  board is an employee of the applicant and no member of its advisory bodies is
				  directly or indirectly engaged in any business activity which conflicts with
				  the discharge of his or her duties as a member of the board; and
(7) a specific description of the program,
				  including the location, type of program, number of youth to be served, ages of
				  youth to be served, services to be provided or arranged for by the program and
				  a maintenance and operating budget for the initial operating period.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.5 - General requirements for runaway and homeless youth crisis services programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Location.
Programs shall be located in areas which are readily
					 accessible to runaway and homeless youth and families and the services
					 available to them.
(b)
Family involvement.
Program staff shall encourage the participation of families
					 in the provision of services to youth, when appropriate.
(c)
Organizational structure.
Each program shall maintain a current description of its
					 organizational structure, including job descriptions and qualifications for all
					 program positions.
(d)
Staffing/supervision.
(1) The
				  director of each program shall provide sufficient and qualified staff and
				  volunteers, in order to ensure adequate coverage and supervision of youth in
				  accord with specific program needs and population.
(2) Individual personnel files shall be
				  maintained for all program staff and volunteers.
(3) The director of each program shall
				  develop and implement procedures for the annual evaluation of all staff and
				  volunteers.
(4) The director of
				  each program shall develop a plan for adequate supervision of staff and
				  volunteers which is tailored to the specific population served and the type,
				  size and physical layout of the facility. In order to assure appropriate care
				  of youth, the plan shall include the following:
(i) staffing patterns and the rationale for
				  such patterns;
(ii) identification
				  of all supervisors of staff and volunteers, including the designation of
				  on-site supervisors; and
(iii) a
				  list of the qualifications and responsibilities of the supervisors.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.6 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  disclosure of records or files, in whole or in part, pertaining to youth who
				  are or have been in a runaway program, to any person, agency or institution is
				  prohibited. This provision shall not prohibit the disclosure of information to
				  appropriate state or local officials in connection with a report of child
				  abuse, neglect or maltreatment and any investigation conducted pursuant to such
				  report.
(b) Where necessary for the
				  provision of services to youth in program, information may be released only
				  upon receipt of written consent from the youth, including the following
				  information:
(1) the youth's name;
(2) the name of the person authorized to
				  release the information;
(3) the
				  name of the person authorized to receive the information;
(4) the specific information to be
				  disclosed;
(5) the specific purpose
				  for release of the information;
(6)
				  the date, signature of the youth and the signature of at least one witness, who
				  may be an agency representative; and
(7) the period during which the consent for
				  release of information is effective.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.7 - Inspection and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  division and the county youth bureau responsible for program monitoring and
				  evaluation shall be provided with access to program sites, staff and
				  volunteers, records, files and other relevant information for purposes of
				  periodic inspection of the operation and adequacy of approved programs.
				  However, the county youth bureau shall only have access to child abuse and
				  maltreatment reports received from state or local authorities investigating
				  child abuse, neglect or maltreatment as permitted by the Social Services
				  Law.
(b) Each program director
				  shall report information and data to the division and the county youth bureau
				  responsible for program monitoring and evaluation upon request.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.8 - Certification of residential programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition
				  to submitting to the office the information set forth in section
				  182-1.4 of this Subpart, applicants
				  proposing to operate residential runaway and homeless youth crisis services
				  programs shall obtain certification from the office of the residential
				  facility. Interim family homes are certified pursuant to a separate process set
				  forth in this Subpart.
(b)
Certification process.
(1)
				  Inspection.
The division shall conduct an inspection of all proposed
					 residential facilities.
(2)
				  Issuance of operating certificate.
An operating certificate will be issued to the authorized
					 agency proposing to operate a residential facility upon verification by the
					 division that such facility is operated by an authorized agency in compliance
					 with all provisions of this Subpart.
(3) Certificate.
Operating certificates shall not be transferable. The valid
					 operating certificate shall be prominently posted and accessible for
					 examination. The operating certificate shall be valid until such time as an
					 authorized agency voluntarily terminates operation of a residential program or
					 such operating certificate is revoked by the division, pursuant to the
					 procedures set forth in this Subpart. Certificates shall be returned to the
					 division immediately upon termination of operation of a residential
					 program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.9 - Operation of residential programs

Current through Register Vol. 46, No. 28, July 10, 2024
Residential programs shall operate as follows:
(a)
Hours of operation.
Programs shall be available to youth seeking services 24
					 hours per day.
(b)
Intake.
(1) Youth and families
				  shall have access to services immediately, with a minimum of intake procedures.
				  Programs shall not accept or retain any youth who:
(i) is likely to cause danger to
				  himself/herself or others or to substantially interfere with the health,
				  safety, welfare or care of other residents;
(ii) is in need of a level of medical, mental
				  health, nursing or other assistance that cannot be reasonably provided through
				  the resources available to the program; or
(iii) consistently refuses to comply with the
				  policies, procedures and rules of the program, after all reasonable efforts are
				  made and documented by program staff to assist the youth in adjusting to
				  program requirements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.10 - Physical plant requirements for residential facilities

Current through Register Vol. 46, No. 28, July 10, 2024
All certified residential facilities, with the exception of
					 interim family homes, shall comply with the physical plant requirements of this
					 section.
(a)
General.
(1) The design and furnishings of the
				  residence shall promote a non-institutional, homelike environment.
(2) A telephone shall be made available for
				  use by youth during reasonable hours, and access to such telephone shall be
				  monitored by program staff to ensure that all youth have equal opportunity to
				  make and receive telephone calls.
(3) Runaway and homeless youth shelters may
				  be located in the same building or on the same grounds as transitional
				  independent living support residences, defined in Subpart 182-2 of this Part.
				  Such programs, however, must be physically separated and the following
				  conditions must exist:
(i) separate direct
				  care staff shall be provided for each program;
(ii) sleeping, dining, program and recreation
				  areas shall be separately provided and maintained; and
(iii) sites shall be individually certified,
				  including those operated by the same agency.
(4) Runaway and homeless youth shelters
				  providing services to youth under the age of 18 years may be located in the
				  same building or on the same grounds as shelters providing services to youth
				  between the ages of 16 and 21 years, however, the programs must be physically
				  separated and the following conditions must exist:
(i) separate direct care staff shall be
				  provided for each program;
(ii)
				  sleeping, dining, program and recreation areas shall be separately provided and
				  maintained; and
(iii) sites shall
				  be individually certified, including those operated by the same
				  agency.
(5) The
				  buildings and grounds of each residential facility shall be kept in a sanitary
				  and safe condition, to facilitate the physical and mental well-being and
				  comfort of youth.
(6) The building
				  which houses the residential facility shall be in compliance with all
				  applicable building, fire and health codes, and all relevant provisions of
				  state and local laws, ordinances, rules and regulations.
(7) All rooms shall be lighted and
				  ventilated.
(8) Unobstructed access
				  to exits shall be maintained at all times.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.11 - Interim family programs

Current through Register Vol. 46, No. 28, July 10, 2024
Interim family programs shall comply with the provisions of
					 this section in addition to being in compliance with all other applicable
					 provisions of this Subpart, except section
					 182-1.10 of this Subpart, or where
					 otherwise specifically stated herein.
(a)
Qualifications.
(1) In order to qualify to provide interim
				  family services, individuals must be:
(i) 21
				  years of age or older;
(ii) able to
				  provide a safe and supportive environment and to understand the needs of
				  runaway and homeless youth; and
(iii) sponsored by an interim family program
				  to provide shelter to youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.12 - Prevention and remediation of abuse or neglect of, or significant incidents involving, vulnerable persons in residential programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Reporting of abuse, neglect and significant incidents as defined in
				  Social Services Law section 488 and 18 NYCRR Part 433.
Each director of a residential program shall ensure that
					 all employees, consultants, and volunteers are provided with written
					 information regarding the statutory requirements for reporting suspected
					 incidents of abuse, neglect and significant incidents.
(b)
Abuse and neglect prevention
				  plan.
Each residential program shall develop written procedures,
					 available onsite, for the protection of youth when there is reason to believe
					 an incident has occurred which would render a youth abused or neglected, as
					 defined in the Social Services Law section 488. S uch procedures shall include,
					 but not be limited to, the following:
(1) Notification.
Immediate notification of any reportable incident shall be
					 made to:
(i) the Vulnerable Persons'
				  Central Register;
(ii) local law
				  enforcement officials, if it appears likely that a crime has been committed
				  against a child, or confirm that such notification has already been made;
				  and
(iii) the office and the
				  program's administrative agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.13 - Variances from requirements of residential programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Standard.
Residential programs may apply to the office for a specific
					 exception to compliance with the requirements of this Subpart, where not
					 expressly prohibited by statute. The office may grant a variance, in its
					 discretion, only when doing so will not jeopardize the health, safety and
					 welfare of the youth in such program. Residential programs that are not funded
					 as part of any municipality's approved comprehensive plan may apply to the
					 office for variances related to the age of youth served or the length of time
					 youth may remain in such programs subject to the same limitations placed on
					 municipalities.
(b)
Permanent variance.
Application for a permanent variance may be made where a
					 program is unable to achieve compliance as required by this Subpart.
(c)
Temporary
				  variance.
Application for a temporary variance may be made where a
					 program is only temporarily unable to comply as required by this Subpart. A
					 temporary variance shall not be effective for more than one year after its
					 issuance.
(d)
Application.
The variance application shall include the
					 following:
(1) the specific rule,
				  regulation or provision that is the subject of the application;
(2) the specific reasons and facts supporting
				  the inability to comply; and
(3) if
				  applying for a temporary variance, a plan and timetable for achieving full
				  compliance with the rule, regulation or provision at issue.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.14 - Enforcement powers applicable to residential programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Powers.
(1) The division shall
				  exercise those powers authorized by the Social Services Law to enforce the
				  provisions of this Subpart. Any action taken by the division to enforce the
				  provisions of this Subpart shall be final.
(2) Consistent with the procedures set forth
				  in this section, the division may suspend, limit, or revoke a program's
				  operating certificate at any time for one or more violations of this Subpart.
				  The division shall notify the certificate holder, in writing, of the decision
				  to take such action, the reasons therefor, and the manner in which the
				  operating certificate is to be limited.
(3) The following limitations may be placed
				  on a program's operating certificate:
(i) a
				  limitation on the period of time for which such certificate remains effective,
				  contingent on a determination that specified violations have been corrected or
				  specified conditions have been met;
(ii) a limitation on the number of persons
				  for which such facility is authorized to provide care; or
(iii) a prohibition against the admission of
				  new residents after a specified date.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 182 - RUNAWAY AND HOMELESS YOUTH REGULATIONS › Subpart 182-1 - RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS › Section 182-1.15 - Designation and responsibilities of the runaway and homeless youth service coordinator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The county
				  youth bureau shall designate an individual with appropriate qualifications and
				  experience to serve as runaway and homeless youth service
				  coordinator.
(b) The county youth
				  bureau shall develop and maintain written procedures for the specific
				  responsibilities of the coordinator and shall monitor the coordinator's daily
				  functions with respect to the performance of such duties.
(c) The daily functions of the coordinator
				  shall include, but shall not be limited to the following:
(1) development and implementation of
				  municipal plans with the municipality, to improve services for runaway and
				  homeless youth and their families;
(2) identification assessment and monitoring
				  of all available municipal resources for runaway and homeless youth and their
				  families;
(3) ensuring that a
				  system is in place for responding to inquiries concerning available shelter
				  space, transportation and services 24 hours per day;
(4) ensuring that program youth have access
				  to educational services, including transportation;
(5) consideration of requests of runaway
				  youth, who have appropriate written consent of their parents, guardian or legal
				  custodian, to remain in runaway and homeless youth shelters beyond the
				  applicable maximum length of stay period set forth in section
				  182-1.9(d)(3) of
				  this Subpart;
(6) provision of
				  written notification to the municipality of his or her approval for any youth
				  to remain in a runaway and homeless youth shelter beyond the applicable maximum
				  length of stay period set forth in section
				  182-1.9(d) of this
				  Subpart; and
(7) when designated by
				  the municipality, after obtaining the information needed from the residential
				  runaway and homeless youth crisis services program, provide the 60-day written
				  notice to the office of any youth staying beyond the applicable length of stay
				  period as required under section
				  182-1.9(d)(5) of
				  this Subpart.