New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 168 - State Schools And Centers › Section 168.2 - Standards relating to the use of room confinement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definition of room confinement. For the
				purpose of this Part, the term room confinement shall mean confinement of a
				child in a room, including the child's own room, when locked or when the child
				is authoritatively told not to leave.
(b) Room confinement shall not be used as
				punishment. It shall be used only in cases where a child constitutes a serious
				and evident danger to himself or others. It is not to be considered, in itself,
				as a method or technique of treatment.
(c) Place of confinement--environmental
				needs. Places of confinement within the institution shall be designated by the
				institution superintendent (or director) and approved by the deputy director of
				rehabilitation services or his designee. The place of confinement shall be
				lighted, heated and ventilated the same as other comparable living areas in the
				institution.
(d) Required furniture
				and furnishings within the place of confinement. The place of confinement shall
				be furnished with the items necessary for the health and comfort of the
				occupant, including, but not limited to, a bed, chair, desk or chest, mattress,
				pillow, sheet and blanket. If the possession of any of these items would be
				detrimental to the safety of the occupant or others, they may be removed during
				that period upon authorization by the superintendent (or director) or the
				acting superintendent (or director).
(e) Authorization of room confinement. Room
				confinement shall be authorized only by the superintendent (or director) or the
				acting superintendent (or director). Authorization should be obtained prior to
				actual placement in room confinement. In instances where immediate physical
				restraint is clearly necessary, authorization must be obtained within 15
				minutes of lock-up.
(f) Maximum
				period of confinement. The maximum period of confinement shall not exceed 24
				consecutive hours without the approval of the deuty director of rehabilitation
				services or designee within the bureau.
(g) Visitation. For the purpose of this Part,
				a visit shall mean actual entry into the room of confinement with the child or
				removal of the child from the room of confinement for the purpose of discussion
				or counseling. A visit shall not include routine visual checks or discussion
				through the door or window of the confinement room. Children in room
				confinement shall be visited at least once each day by the following
				institutional personnel:
(1) Administrative
				staff--a person at least at the level of senior youth, division counselor
				assistant director of cottage program or higher.
(2) Clinical staff--psychiatrist,
				psychologist, social worker.
(3)
				Medical staff--a nurse or physician shall examine the child in room confinement
				on a daily basis.
A record of visits shall be maintained by the school (or
				  center) on forms designated by the division and shall be posted on the door of
				  the confinement room during the entire period of confinement.