reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-2 - Good Behavior Allowances › Section 179-2.6 - Forfeitures and disallowances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A resident shall not automatically be
				  disallowed any good behavior allowance by reason of the fact that he has been
				  confined to his room or a special area or in a special unit for a period of
				  time.
(b) A disposition involving
				  loss of a specified period of good behavior allowance made in a facility
				  director's proceeding under sections 179-1.18 and 179-1.19 of this Part shall
				  be deemed to be tentative until such time as it actually affects consideration
				  for parole or for conditional or other release, and shall then either be
				  confirmed or modified by the director of the division; except that in the case
				  of a definite sentence with a term of one year or less, such disposition shall
				  be confirmed or modified at the time of the review required by the provisions
				  of section 179-2.8(c) of this
				  Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-2 - Good Behavior Allowances › Section 179-2.7 - Time allowance committees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  division secure facility shall have a committee, to be known as the time
				  allowance committee consisting of at least three members designated by the
				  facility director. Each committee shall have a chairperson designated by the
				  facility director from the committee members who shall be responsible for the
				  operation of the committee.
(b) The
				  role of the time allowance committee shall be to make recommendations regarding
				  the amount of good behavior allowances to be granted to eligible
				  residents.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-2 - Good Behavior Allowances › Section 179-2.10 - Granting of good behavior allowance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the case of residents having
				  indeterminate sentences, the procedure for granting good behavior allowances
				  shall be as follows: Where consideration of the file by the time allowance
				  committee occurs at a time when sufficient allowance could be granted to make
				  the resident eligible for parole or conditional or other release in the
				  12-month period following the date of review (assuming restoration of all time
				  lost in facility director's proceedings under sections 179-1.18 and 179-1.19 of
				  this Part), the facility director shall promptly review the report of the
				  committee, endorse any comments he may deem appropriate thereon and immediately
				  forward the report of the committee and his comments, if any, to the head of
				  the review unit designated pursuant to section 179-1.20(a)(1) of this Part. The
				  head of the review unit shall review the materials and transmit his
				  recommendations to the director of the division. The director of the division
				  shall transmit to the facility director an order either confirming or modifying
				  the amount of time to be granted. The good behavior allowance specified in the
				  order of the director of the division shall be the good behavior allowance to
				  be granted to the resident. The resident shall be given a copy of this
				  determination promptly.
(b) In the
				  case of a resident having a definite sentence with a term of one year or less,
				  the facility director shall promptly review the report of the time allowance
				  committee, make such decision in the matter as he deems appropriate and
				  immediately forward the report of the committee along with a notation of his
				  decision and, where his decision is not in accordance with the recommendations
				  of the committee, his reasons for the decision, to the head of the review unit.
				  The head of the review unit shall review the materials and transmit his
				  recommendations to the director of the division. The decision of the facility
				  director shall be final unless modified by order of the director of the
				  division, and the resident shall be given notice of such decision as soon as
				  possible.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-2 - Good Behavior Allowances › Section 179-2.11 - Stay of good behavior allowance

Current through Register Vol. 46, No. 28, July 10, 2024
Between the time a decision has been made with respect to
					 good behavior allowance and the time the resident would be eligible for parole
					 consideration or conditional or other release, the award of any good behavior
					 allowance that has been granted shall be stayed and such allowance shall be
					 suspended as follows:
(a) The facility
				  director's direction to file a formal charge in facility director's proceeding
				  against a resident shall stay the award of any good behavior allowance that has
				  been granted the resident and the allowance shall be suspended and of no force
				  and effect until a final decision has been made in the facility director's
				  proceeding.
(b) If the good
				  behavior allowance, so stayed, is one that has been determined by the director
				  of the division, copies of the charge shall immediately be forwarded to the
				  Secure Facilities Management Unit and the director of the division.
(c) At the conclusion of the facility
				  director's proceeding, if the disposition does not involve loss of good
				  behavior allowance, the allowance previously granted shall be reinstated. Where
				  the disposition does involve loss of good behavior allowance, the procedure
				  shall be as follows:
(1) in the case of an
				  indeterminate sentence, the disposition shall automatically be reviewed by the
				  director of the division in accordance with the procedure set forth in section
				  179-1.20(d) of this Part; and
(2)
				  in any other case, the facility director may revise his prior determination to
				  accommodate the disposition made. In all cases the resident shall be
				  specifically advised of his right of review under section 179-1.20(d) of this
				  Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of the Division for Youth's temporary release
					 programs is to afford eligible and suitable residents the opportunity to
					 enhance rehabilitative efforts through selected, unescorted, off-grounds
					 activities and programs.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations apply only to juvenile offenders and
					 juvenile offenders afforded youthful offender status who are in the custody of
					 the Division for Youth.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.3 - Definition of temporary release

Current through Register Vol. 46, No. 28, July 10, 2024
Temporary release is defined as the privilege of leaving
					 the grounds of a Division for Youth residential facility on an unescorted basis
					 for a carefully regulated period of time for a specific approved
					 purpose.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.4 - Types of temporary release

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Leave of absence. A leave of absence is a
				  privilege granted to a resident, who need not be an eligible resident, to leave
				  the facility for the period of time necessary to:
(1) visit his/her spouse, child, brother,
				  sister, parent, grandparent or ancestral aunt or uncle during his or her last
				  illness if death appears to be imminent;
(2) attend the funeral of such individual;
				  or
(3) undergo surgery or receive
				  medical or dental treatment not available in the residential facility if deemed
				  absolutely necessary to the health and well-being of the resident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.5 - Composition and function of the temporary release committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each division
				  facility containing a population of juvenile offenders shall have a temporary
				  release committee which shall consider applications for temporary release. The
				  temporary release committee shall be composed of a chairperson at a salary
				  grade of 21 or above and two staff members representing facility program staff
				  and/or parole, unless otherwise authorized.
(b) The chairperson, two committee members
				  and three alternates shall be appointed by the facility director. One or more
				  members also shall be designated as an alternate chairperson. To assure
				  familiarity of members of the committee with the process and consistency in
				  decisionmaking, changes in the membership of the committee shall not be made
				  frequently.
(c) Unless otherwise
				  authorized by the facility director, the temporary release committee shall hold
				  a formal meeting at least once a week as long as applications are pending.
				  Three committee members, including the chairperson, shall be present at each
				  temporary release committee meeting.
(d) The chairperson shall be responsible for
				  all the administrative duties and the functioning of the temporary release
				  committee. The chairperson shall participate in committee decisions as a voting
				  member.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.6 - Criteria for selection of participants

Current through Register Vol. 46, No. 28, July 10, 2024
The selection of applicants for participation in the
					 division's temporary release program involves a two-phase process. The first
					 phase - eligibility - involves the application of basic threshold criteria to
					 determine whether a resident is eligible to participate in the program. The
					 second phase suitability - involves the application of general criteria to
					 determine whether an eligible resident is suitable to participate in the
					 program.
(a) Eligibility. The
				  applicant's file shall be reviewed to determine whether the resident is
				  eligible to participate in a temporary release program. Eligibility criteria
				  include:
(1) Parole or conditional release
				  date.
(i) The resident is within 12 months of
				  possible parole or conditional release.
(ii) An applicant for a leave of absence is
				  exempted from this requirement.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.8 - Central office review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  director of temporary release programs shall review the resident's application
				  to assure compliance with this Subpart and to determine whether approval would
				  be consistent with the welfare of the resident and the safety of the community.
				  The director of temporary release programs shall advise and make a
				  recommendation to the director of the division regarding the
				  application.
(b) If the director of
				  temporary release programs determines that the application does not comply with
				  this Subpart or that permitting the resident to participate in a temporary
				  release program would be inconsistent with the welfare of the resident and/or
				  the safety of the community, he shall recommend disapproval of the application
				  and state his reason(s) in writing.
(c) If the director of temporary release
				  programs recommends approval of the application, he shall indicate his
				  endorsement of the application in the transmittal memorandum to the director of
				  the division.
(d) The resident's
				  temporary release file shall be submitted to the director of the division for
				  review and approval. The director of the division shall disapprove the
				  resident's application if the resident's participation in the temporary release
				  program would be inconsistent with the welfare of the resident and/or the
				  safety of the community. If he disapproves the resident's application, he shall
				  state his reason(s) in writing and a copy of such statement shall be placed in
				  the resident's facility file.
(e)
				  The facility director and the resident shall be notified of the division
				  director's decision regarding the resident's application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.9 - Appeal process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A resident
				  may appeal the following aspects of the application process:
(1) the contents of the Application
				  Evaluation form, if he believes that the information used in evaluating the
				  application is inaccurate; or
(2) a
				  decision by the temporary release committee to deny his application.
Disapproval of an application by the director of the
					 division cannot be appealed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.10 - Criteria for participation in a short-term temporary release program

Current through Register Vol. 46, No. 28, July 10, 2024
This section contains the criteria for participation in the
					 following short-term temporary release programs: leaves of absence, community
					 services programs and furlough programs.
(a) Leave of absence. Any resident may apply
				  for a leave of absence at any time, provided his purpose for applying fits
				  within the purposes for a leave of absence set out in section
				  179-3.4(a) of this
				  Subpart.
(1) Deathbed visit or funeral
				  attendance. One deathbed visit may be granted for each terminally ill family
				  member specified in section
				  179-3.4(a) of this
				  Subpart. If the resident previously has been granted an escorted visit to said
				  family member, an additional leave of absence will not be considered.
(i) Verification and approval.
(a) During normal business hours. Upon
				  receipt during normal business hours of the resident's application for a
				  deathbed visit, the temporary release committee chairperson shall verify the
				  patient's medical condition and ascertain whether death is imminent. Upon
				  receipt of a request to attend a funeral, the temporary release committee
				  chairperson shall verify the death and ascertain the dates, times and addresses
				  of the wake, funeral and interment. After verifying the facts underlying the
				  request, the temporary release committee shall meet to determine whether
				  approval of the application should be recommended. If the temporary release
				  committee recommends approval, the application shall be reviewed by the
				  facility director, director of temporary release programs and the director of
				  the division, pursuant to the procedures required by sections
				  179-3.7(h)-(i) 
				  and 179-3.8 of this Subpart.
(b) Weekends or nights. Upon receipt on a
				  weekend or at night of an application for a deathbed visit or to attend a
				  funeral, the facility director, acting facility director or officer of the day
				  should be contacted directly regarding the application if the temporary release
				  chairperson or the temporary release interviewer is not available. In such
				  cases, the facility director alone shall decide whether the resident's
				  application should be approved. The facility director's decision regarding the
				  application shall be reviewed by the director of temporary release programs and
				  the director of the division, pursuant to the procedures required by section
				  179-3.8 of this Subpart.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.12 - Financial procedures for temporary release participants

Current through Register Vol. 46, No. 28, July 10, 2024
As a rule, a resident participating in a temporary release
					 program shall assume certain costs associated with his participation in a
					 temporary release program as hereinafter described, over and above the cost of
					 maintaining the resident in a Division for Youth facility. Funds may be drawn
					 from the resident's personal account for these purposes. However, under certain
					 circumstances, the division may use funds from the petty cash account to assume
					 the costs of certain expenses or advance the resident funds for certain costs
					 from the facility's temporary release schedule for funds. Funds may be issued
					 in the amounts designated by the director of the division for the purposes
					 delineated in subdivisions (c) through (g) of this section.
(a) Resident's personal account.
(1) Funds shall not be issued to any resident
				  from his personal account for temporary release purposes until a budget has
				  been established for the resident and a completed disbursement request signed
				  by the resident and forwarded to the facility business office. Requests for
				  funds in excess of a minimum amount as established by the facility director
				  must be approved by the facility director before such funds may be disbursed.
				  All other requests must be approved by the resident's counselor, the facility
				  parole officer, the temporary release committee chairperson or the facility
				  vocational specialist or similarly trained staff member.
(2) A resident regularly participating in a
				  continuous temporary release program must submit a disbursement request, each
				  week, to obtain funds from his account for temporary release expenses. The
				  established budget or disbursement schedule may not be substantially modified
				  without prior written permission of the facility director.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.13 - Procedures for the operation of temporary release programs

Current through Register Vol. 46, No. 28, July 10, 2024
This section describes the procedures necessary for the
					 operation of short-term and continuous temporary release programs.
(a) Pre-release procedures.
(1) Notification to local law enforcement
				  offices.
(i) At least three working days
				  before releasing a resident on a temporary release program, a completed
				  Notification to Authorities - Temporary Release form shall be mailed to the
				  sheriff or chief of police of the community in which the resident is to be
				  released. In the case of an emergency leave of absence, notification may be
				  made by telephone and a notification form mailed as soon as
				  practical.
(ii) For a short-term
				  temporary release participant, a copy of the Notification to Authorities -
				  Temporary Release Program form shall also be sent to the parole office
				  administering the area in which the resident will be released. The form shall
				  indicate the telephone or personal contact the resident is required to make
				  with the office. The notification shall include: the name and relationship of
				  the person with whom the resident plans to reside while on temporary release;
				  the full address, including the apartment number, of the residence where the
				  resident will reside; and, the telephone number at that address, if available,
				  or, in the case of a medical leave of absence, the name, address and telephone
				  number of the resident's hospital and physician.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-3 - Temporary Release Programs › Section 179-3.14 - Removal from a temporary release program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Participation in a temporary release
				  program is a privilege. Nothing contained in the Correction Law, the Executive
				  Law or this Subpart shall be construed to confer upon any resident the right to
				  participate, or to continue to participate, in a temporary release
				  program.
(b) Any resident's
				  privilege to participate in a temporary release program may be revoked by the
				  facility director: whenever he has knowledge that a resident's continued
				  participation in the program is inconsistent with the safety of the community,
				  the disciplined secure functioning of the facility, or the best interests or
				  welfare of the resident; or if the resident has indicated by his conduct that
				  there is a substantial likelihood he cannot successfully adjust to or complete
				  his temporary release program; or upon recommendation of the temporary release
				  committee chairperson. Such revocation must be made only with the approval of
				  the director of temporary release programs.
(c) Indications of unsuitability for
				  continued temporary release programming include, but are not limited to:
(1) arrest and/or conviction for a crime
				  committed while participating in program;
(2) absconding, or attempting to abscond,
				  from program;
(3) a violation of
				  division, facility or temporary release program rules or regulations;
(4) threats by the participant against
				  himself, his family, other residents, facility employees, or members of the
				  community;
(5) threats made against
				  the participant which require his placement in a protective custody
				  location;
(6) changes in the
				  participant's physical or mental status which have changed his ability to
				  successfully adjust to program;
(7)
				  an uncooperative attitude or a lack of motivation on the part of the
				  participant evidenced by his failure to successfully participate in the
				  temporary release program; or
(8) a
				  significant negative change in the participant's employment or student
				  status.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-4 - Resident Rules › Section 179-4.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to promote order and
					 consistent behavioral standards within and between facilities and programs.
					 This purpose is accomplished by establishing clear behavioral expectations for
					 residents and by requiring consistent enforcement of these behaviors by staff.
					 These behavioral expectations apply to all residents of secure, limited secure,
					 and nonsecure facilities, including community-based facilities and programs,
					 operated by the division.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-4 - Resident Rules › Section 179-4.2 - Types of rule violations

Current through Register Vol. 46, No. 28, July 10, 2024
There are three types of rules all residents are expected
					 to follow. Violations of level II and level III rules may result in
					 disciplinary action. In some instances, the same type of behavior may be
					 classified in more than one of the three rule categories, depending upon the
					 specific circumstances.
(a) Level I
				  rules. Level I rules define basic standards of conduct for all residents in all
				  areas of program. Violation of level I rules is considered an infraction and
				  shall be addressed on the resident's unit. Violation of level I rules will not
				  subject a resident to formal disciplinary action.
(b) Level II rules. Level II rules are
				  defined as serious misbehavior.
(c)
				  Level III rules. Level III rules are defined as very serious
				  misbehavior.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-4 - Resident Rules › Section 179-4.3 - Communication of rules

Current through Register Vol. 46, No. 28, July 10, 2024
Upon each facility or program admission, each resident
					 shall be given a copy of all rules. The rules shall be explained to the
					 resident. The resident and the staff who explained the rules shall sign an
					 acknowledgment. The original is to be filed in the resident's case file, and a
					 copy is to be given to the resident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-4 - Resident Rules › Section 179-4.4 - Enforcement of rules

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility of every facility or program
					 employee to immediately and consistently enforce all level I, II and III rules
					 for all residents. Any violation of these rules must be addressed immediately
					 by the staff observing the incident. Any disciplinary action must be
					 documented.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
The regulations in this Part are established pursuant to
					 section 510-a of article 19-G of the Executive Law, section 462  of the Social
					 Services Law and section 712  of the Family Court Act. They shall be known as
					 the juvenile detention facilities regulations. The purpose of these regulations
					 is to provide uniform standards and procedures for the establishment and
					 operation of secure and nonsecure juvenile detention facilities in the State of
					 New York.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations shall apply to all juvenile detention
					 facilities as defined in Social Services Law, section 371; the Family Court
					 Act, section 712; Executive Law, article 19-G, section 510-a; and established
					 and operated pursuant to County Law, section 218-a. N othing contained herein
					 shall be construed as grounds for contravening court order or
					 statute.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Detention,
as defined in these regulations, shall mean the
				  temporary care and maintenance, away from their homes, of children held
				  pursuant to article 3 or 7 of the Family Court Act, or held pending a hearing
				  for alleged violation of the conditions of release from a school, center or
				  youth center of the division, or held pending return to a jurisdiction other
				  than the one in which the child is held, or held pending return from AWOL, or
				  held pursuant to a securing order of a criminal court if the person named
				  therein as principal is under 16 or held pending transfer pursuant to
				  sentence.
(b)
Juvenile
				  detention facility
shall mean a facility, certified by the division,
				  for the care of children detained in accordance with provisions of the Family
				  Court Act, regulations of the division, and the Criminal Procedure Law.
(1) No juvenile detention facility shall be
				  located in a building which is also used as an adult detention or jail
				  facility.
(2) If a juvenile
				  detention facility is located on premises adjacent to an adult detention or
				  jail facility, there must be total sight and sound separation between the
				  facilities.
(3) A juvenile
				  detention facility shall not share program space with any other type of program
				  or facility without the prior written consent of the division.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.4 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No juvenile
				  detention facility subject to inspection and supervision by the Division for
				  Youth shall be operated unless it shall possess a valid operating certificate
				  issued by the division pursuant to section 510-a (6)  of the Executive Law and
				  regulations of the division.
(b)
(1) Application for an operating certificate
				  pursuant to these regulations shall be made upon forms prescribed by the
				  division. An application for an operating certificate shall contain:
(i) the name of the facility and its
				  location;
(ii) the name and address
				  of the authorized agency, corporation, association, organization, proprietary
				  operator or public agency, who or which operates such facility;
(iii) the type of facility;
(iv) the kind or kinds of care and services
				  to be provided;
(v) a physical
				  description of the facility, including land, buildings and equipment;
(vi) resident capacity;
(vii) a plan and description of staff
				  positions, including duties and qualifications;
(viii) if applicant is a corporation, the
				  names, addresses and occupations of the members of the board of
				  directors;
(ix) the ownership or
				  control of the land and premises, if other than the operator;
(x) the financial resources and sources of
				  future revenue of the facility; and
(xi) such other information as may be
				  required.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.6 - Length of stay

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No youth
				  shall be kept in continuous detention care beyond 45 days from admission;
				  except that such youth may remain beyond 45 days pursuant to court order or
				  where the detention facility has obtained prior written approval by the
				  division.
(b) A youth shall be
				  considered absent without leave when absent from a facility where his or her
				  whereabouts are unknown and where the youth's assigned bed is relinquished. A
				  secure detention facility shall relinquish a youth's assigned bed on the day
				  following a runaway when a child is not returned within 24 hours. Such absences
				  shall be considered an interruption of continuous detention care. Reimbursement
				  shall terminate upon AWOL and shall continue only upon the return of the youth
				  to the facility.
(c) The agency
				  administering detention shall be responsible for terminating detention care no
				  later than the 45th continuous day of care, except where such termination would
				  be contrary to court order or when prior division written approval for
				  extension of detention has been granted. Notification of removal of the youth
				  shall be given by the agency to the appropriate Family Court and other
				  appropriate agencies.
(d) It shall
				  be the responsibility of the agency administering detention to notify
				  appropriate agencies, including the Family Court, no later than the 35th day of
				  continuous care, and to notify the Family Court and such agencies of the
				  granting or denial of approval for extension of detention.
(1) The agency administering detention shall
				  assure the submission to the division, in such form and in such manner as the
				  division may require, of requests for extension of detention beyond 45
				  continuous days of care, to be received not later than the 35th day.
(2) The agency administering detention shall
				  be responsible for securing all information required by the division for review
				  of requests for extension of detention.
(3) No approval of requests for extension of
				  detention shall be made by the division where complete and adequate information
				  is not provided in the request, including but not limited to:
(i) reason youth may not appear at court
				  hearing or presents a serious risk to commit what would be a crime if the youth
				  were an adult;
(ii) statement of
				  major offense with which youth is charged (label of "Delinquency" or "Person in
				  Need of Supervision" is not adequate);
(iii) reason for extension request, including
				  dates for referrals, replies, study reports or dispositional
				  placement;
(iv) status of placement
				  efforts, if the final placement order has been handed down by the Family
				  Court.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.7 - Intake and admission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Admission
				  to a detention facility shall be limited to:
(1) youth referred pursuant to article 7 of
				  The Family Court Act;
(2) children
				  held pending a hearing for alleged violation of the conditions of release from
				  a school, or center or youth center, of the division in compliance with Part
				  169 of this Subtitle;
(3) youth on
				  whom a warrant has been issued by the division, in compliance with Part 181 of
				  this Subtitle;
(4) youth held
				  pending return to a jurisdiction other than the one in which the youth is held;
				  or
(5) alleged juvenile offenders
				  held pursuant to a securing order of a criminal court or pending transfer
				  pursuant to sentence.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.8 - Personnel requirements

Current through Register Vol. 46, No. 28, July 10, 2024
The following requirements shall be applicable to all
					 detention facilities except for family boarding care facilities and
					 agency-operated boarding care facilities.
(a)
Staff and complementary
				  services.
As approved by the Office of Children and Family Services,
					 each facility shall provide the staff and complementary services necessary for
					 the health and safety and the proper care and treatment of the children under
					 care of the facility.
(b)
Qualifications of staff.
Personnel employed in a detention facility shall meet the
					 qualifications required by this section. Professional staff also shall meet all
					 New York State licensing requirements for that profession.
(c)
Administrative staff.
(1) Chief executive officer.
The chief executive officer or supervisor of major
					 detention programs shall be a college graduate with appropriate training and
					 experience in the care or education of children.
(2) Supervisor of child care workers. The
				  supervisor of child care workers shall have a high school or equivalency
				  diploma and be further qualified by appropriate training, and have experience
				  with children in a group living facility.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.9 - Program requirements-secure and nonsecure institutional detention facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Education program.
The purpose of educational programming in an institutional
					 detention facility is to provide success-oriented, short-term educational
					 activity.
(1) Children under care
				  shall receive suitable educational instruction in accordance with the New York
				  State Education Law for such short-term programs.
(2) A minimum of three hours of educational
				  activity instruction each weekday shall be provided each child.
(3) Educational instruction shall be provided
				  by a teacher qualified by, or eligible for certification by, the New York State
				  Education Department, as provided in 8 NYCRR 80.32.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.11 - Secure detention holdover programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A holdover
				  facility shall be established only when an approved available secure detention
				  facility is located more than 1 1/2 hours distant from the Family Court under
				  normal travel conditions.
(b)
				  Children shall not be detained in a holdover facility in excess of 48 hours,
				  except that a youth may be detained in such facility for up to 72 hours in the
				  case of holidays or court recess.
(c) Capacity of a holdover facility shall not
				  exceed three children.
(d) A
				  holdover facility shall be located in a fire resistant building, have at least
				  one individual sleeping room, a separate area for recreation, waiting,
				  interviewing or visiting, a bathroom (to include a toilet, sink and shower)
				  with hot and cold running water. Outside communications, such as 24-hour
				  telephone service, shall be available.
(e) Each facility shall provide for dining
				  and make provisions to serve snacks or meals to newly admitted children, and
				  for regular meals.
(f) When a
				  holdover facility is located in an institution caring for other people,
				  detained children shall be kept in separate quarters out of sight and hearing
				  of such other people.
(g) Provision
				  shall be made for 24-hour awake, on-duty supervision when children are detained
				  in a holdover facility. A woman shall be on duty whenever a female child is
				  detained. Personnel shall be drawn from a panel of persons who have personal
				  characteristics and experience appropriate for work with children who may be
				  disturbed or angry after apprehension for violation of law and removal from
				  home.
(h) Only children of the same
				  sex may sleep in the same room
(i)
				  There may be no more than two children sleeping in each bedroom.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.12 - Records, reports and notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reports
				  shall be submitted to the division on forms prescribed by the division. Such
				  reports shall include but not be limited to:
(1) reimbursement claims;
(2) statistical reports;
(3) population reports;
(4) report of room confinement;
(5) report of fire in facility;
(6) report of death of child in facility;
				  and
(7) other reports as may be
				  required and needed.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.13 - Division for Youth visitation and inspection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Officials,
				  agents or representatives of the division shall visit and inspect all
				  facilities used for the detention of children, pursuant to The Family Court Act
				  and the Criminal Procedure Law, and subject to certification by the division.
				  Such officials, agents or representatives are empowered to inspect and review
				  all areas, physical plants, programs, records, reports, files, memoranda and
				  other pertinent material and locations relating to the establishment and
				  operation of such facilities, programs and services.
(b) Officials, agents or representatives of
				  the division shall have access to contact, visit and interview all children
				  received for detention care, and all staff employed to provide services in
				  detention facilities.
(c) Reports,
				  data and other material relating to establishment and operation of detention
				  facilities, programs or services shall be made available to officials, agents
				  or representatives of the division on such forms, at such time and in such
				  manner as may be prescribed by the division.
(d) The division shall make periodic reports
				  of the operation and adequacy of such facilities, and the need for provision of
				  such facilities, to the county executive, if there be one, the county
				  legislature and the Family Court judges of the county in which such facilities
				  are located, and the Office of Court Administration.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.14 - Fire safety and accident prevention

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General requirements.
(1) Each
				  facility shall comply with all applicable State and local laws, ordinances,
				  rules and regulations relative to fire protection, applying any which are more
				  restrictive than the requirements in this Part.
(2) Each non-secure and secure detention
				  institutional facility shall arrange an annual inspection of each building and
				  its fire protection equipment (which shall be installed according to
				  recommendations by the National Fire Protection Association) by a qualified
				  fire inspection official, who shall give the facility a written report of his
				  findings which shall be kept on file on the premises until the next annual
				  report of inspection has been received and filed. The facility shall be
				  responsible for correcting any fire hazards called to its attention through
				  such inspection, and for keeping a written record on file of the action taken
				  with date. Copies of the inspection report and report on repairs made must be
				  forwarded to the division.
(3) Each
				  detention facility staff member and facility operator shall be familiar with
				  the fire safety prevention program, which shall be in writing, appropriate to
				  their facility program and approved by local fire officials.
(4) No hazardous condition shall be permitted
				  to exist in any detention facility.
(5) Children shall not operate any power
				  equipment, except under the close supervision of a responsible adult and only
				  when such children are of legal age to do so.
(6) For each non-secure and secure detention,
				  institutional and group care facility, fire drills shall be held at different
				  times during the day and night and as often as is needed to familiarize and
				  instruct children and staff with routine, but not less often than once in each
				  60-day period. A fire drill census taken at each drill shall be checked against
				  the daily or bedtime census. A written record of all fire drills, to include at
				  least the date, the time of day and the amount of time taken to evacuate, shall
				  be kept on file for one year.
(7)
				  Combustible or highly flammable materials shall not be used by children, except
				  under the personal supervision of an adult. Such materials, if required, shall
				  be stored in a fire- restrictive receptacle or room in a separate
				  building.
(8) All exit doors, halls
				  and stairs shall be well-lighted and kept clean, free of obstruction.
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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.15 - Secure and non-secure institutional facilities-new construction and alteration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Plans
				  for construction of secure detention facilities.
On and after the date this rule becomes effective, no
					 building to be used as a detention facility for children shall be constructed
					 or remodeled, in whole or in part, except on plans and designs approved in
					 writing by the division. Plans shall be submitted for approval in accordance
					 with the procedure prescribed by the division. No child shall be detained in
					 any new or remodeled building where plans and designs have not been approved by
					 the division or have not been submitted to the division for its
					 approval.
(b)
Definitions.
As used in this section, the following definitions
					 apply:
(1)
Building
means a structure.
(2)
Construction
means the erection of a new structure.
(3)
Addition
means extension
				  or increase in area or height of an existing structure.
(4)
Substantial modification
means any alteration, change, rearrangement or reconstruction to an existing
				  structure, except for ordinary repairs and maintenance.
(5)
Equipment
means fixtures
				  or articles affixed to the structure.
(6)
Occupancy
means use or
				  purpose of a building, structure or premises or any room located
				  therein.