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 180-1 - Juvenile Detention Facilities Regulations › Section 180-1.16 - Jail placement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Authorization.
Section 304.1 (2)  of the Family Court Act requires Division
					 for Youth approval prior to the jail placement of alleged or adjudicated
					 juvenile delinquents remanded to detention and requires the division to
					 promulgate regulations which it will apply in determining whether approval for
					 such jail placement will be granted. Section 510.15  of the Criminal Procedure
					 Law prohibits jail placement of an alleged or convicted juvenile offender under
					 the age of 16 without the approval of the division. Approval for a jail
					 placement may be requested by calling the Division for Youth Detention Services
					 Unit at (518) 473-4630. This line is available 24 hours a day.
(b)
Definition.
Jail placement
shall mean the detention of
					 a youth in a prison, jail, lockup or other place used for the incarceration of
					 adults convicted of a crime or under arrest and charged with a crime.
(c) Circumstances under which jail
				  placement may be approved:
(1) The youth is
				  alleged to have committed or has been found to have committed an act or acts
				  which if committed by an adult would constitute a crime or crimes as defined in
				  the following provisions of the Penal Law: section 125.25(1)-(2) (murder in the
				  second degree) and subdivision (3) of such section provided that the underlying
				  crime for the murder charge is one for which such person is criminally
				  responsible; section 135.25 (kidnapping in the first degree); 150.20 (arson in
				  the first degree); section
				  120.10(1)-(2)
				  (assault in the first degree); 125.20 (manslaughter in the first degree);
				  section 130.35(1)-(2) (rape in the first degree); section 130.50(1)-(2) (sodomy
				  in the first degree); 130.70 (aggravated sexual abuse); 140.30 (burglary in the
				  first degree); section 140.25(1) (burglary in the second degree); 150.15 (arson
				  in the second degree); 160.15 (robbery in the first degree); or section
				  160.10(2) (robbery in the second degree); or defined in the Penal Law as an
				  attempt to commit murder in the second degree or kidnapping in the first
				  degree.
(2) No secure juvenile
				  detention facility, including a 48-hour holdover facility, has a bed available
				  to provide secure detention care. A bed may be deemed unavailable in the
				  following emergency conditions: when road conditions have been defined by The
				  National Weather Service as hazardous; or when the time in transporting to and
				  from that facility would make it impractical (considering the health and
				  welfare of the youth) to assure a timely court appearance; or when a child
				  needs secure care in a hospital and no children's ward is available.
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 180-1.17 - Reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A county
				  legislature or its designee shall submit to the director of the division an
				  annual plan for the detention care for youth. A detention plan shall be
				  included in the program for comprehensive youth services planning where such a
				  comprehensive plan exists, and shall be submitted by the county youth board,
				  bureau, department or agency. Such plan shall be submitted on forms as required
				  by the division and shall conform with appropriate State law, rules and
				  regulations governing the temporary care of children and shall include
				  provision or arrangement for adequate secure and nonsecure detention
				  care.
(b) A county detention plan,
				  upon approval by the division, shall be the basis for reimbursement of county
				  expenditures for detention care.
(1) Care
				  provided for alleged or adjudicated persons in need of supervision in a secure
				  detention facility shall be reimbursed only as determined by State standards
				  for the care of status offenders.
(2) Counties which do not have nonsecure
				  detention care available shall be charged 100 percent of cost of care for youth
				  in State-operated detention facilities.
(3) Counties which do not have adequate
				  nonsecure detention care conveniently available, as determined by the division,
				  will not be eligible for reimbursement for detention care.
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 180-1.18 - Revocation and suspension of operating certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
No operating certificate shall be revoked or suspended, nor
					 shall an application for renewal of an operating certificate be denied, without
					 a hearing held in accordance with procedures established in this Part; except
					 that an operating certificate may, nevertheless, be temporarily suspended or
					 limited without a hearing for a period not in excess of 30 days upon a finding
					 by the division that the public health, or an individual's health, safety or
					 welfare are in imminent danger.
(b)
Notice of hearing.
A notice of hearing shall be served, in person or by
					 registered mail addressed to the facility, at least 21 days prior to the date
					 of hearing. The hearing shall be held within 30 days of mailing the notice of
					 hearing. The notice shall specify the time and place of hearing, the proposed
					 action, and the charges which are the basis for the proposed action. The
					 charges shall specify the statutes, regulations of the division, or other
					 applicable requirements of law with which the facility failed to comply, and a
					 brief statement of the facts pertaining to such noncompliance.
(c)
Answer.
An answer to the charges, in writing, may be filed with the
					 division not less than eight days prior to the date of hearing.
(d)
Hearing officer.
The hearing shall be conducted by a hearing officer,
					 appointed by the division for such purpose, who has not been previously
					 involved in the case. He shall have authority to administer oaths, issue
					 subpoenas, require the attendance of witnesses and the production of records,
					 rule upon requests for adjournment, rule upon offers of evidence, and to
					 otherwise regulate the hearing, preserve requirements of due process and
					 effectuate the purposes and provisions of applicable law, in accordance with
					 the State Administrative Procedure Act.
(e)
Hearing procedures.
(1) The hearing officer shall preside and
				  shall make all procedural rulings.
(2) The rules of evidence as applied in
				  courts of law shall not apply, except that all evidence shall be relevant and
				  material.
(3) All testimony shall
				  be given under oath.
(4) The
				  hearing shall be recorded verbatim.
(5) The facility shall be entitled to be
				  represented by an attorney-at-law or other representative of its choice at its
				  own expense, to have witnesses give testimony and to otherwise present relevant
				  and material evidence on its behalf, to cross-examine witnesses, and to examine
				  any document or item offered into evidence.
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 180-1.19 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Division
				  for Youth officials, as assigned by the director of the division or his
				  representative, shall be responsible for assuring conformity for all statutes,
				  rules and regulations which apply to detention care.
(b) The Director of the Division for Youth or
				  his representative shall be responsible for originating, or referring to other
				  appropriate enforcement officials, sanctions for serious violation of statutes,
				  rules or regulations relating to the detention care of children as described in
				  this Part.
(c) The Division for
				  Youth shall be responsible for bringing violations of law pertaining to
				  detention of juveniles to the attention of each appropriate law guardian or
				  counsel for the defendant, who may petition for
habeas corpus
for persons aggrieved thereby.
(d)
				  These regulations shall become effective immediately, except where otherwise
				  noted herein, upon being filed with and recorded by the Secretary of
				  State.
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 180-1.20 - State aid for construction or improvement of locally operated secure detention facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General conditions.
(1)
				  Notwithstanding any other provision of regulation, State aid, subject to the
				  limits of appropriations made by the Legislature and the regulations set forth
				  in this section, is available to counties and the City of New York in an amount
				  not to exceed 50 percent of approved expenditures incurred for construction or
				  improvement of locally operated secure detention facilities.
(2) Counties and the City of New York may
				  request State aid in the form of lump sum reimbursement for the aggregate of
				  approved capital costs of construction or improvement of county-owned or New
				  York City-owned buildings certified by the Division for Youth pursuant to
				  Executive Law, section 510-a and in use, or to be used, as secure detention
				  facilities.
(3) State aid is
				  limited to 50 percent of division-approved capital costs or, when applicable,
				  the amount appropriated for the county or the city, whichever is
				  less.
(4) Eligible projects and
				  costs, as defined below, are qualified for reimbursement only if the expenses
				  therefor were incurred on or after January 1, 1970.
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 180-1.21 - Abuse, neglect and significant incidents

Current through Register Vol. 46, No. 28, July 10, 2024
All juvenile detention facilities shall be subject to and
					 must comply with the requirements as set forth in 18 NYCRR Part 433 and any
					 other applicable regulations including, but not limited to, 14 NYCRR Parts
					 703-704.
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 180-3.1 - Legal Authority

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart is established pursuant to Executive Law
					 section 503(9), which provides that OCFS, in consultation with the SCOC, shall
					 jointly regulate, certify, inspect and supervise specialized secure detention
					 facilities for adolescent offenders. SCOC has also promulgated regulations
					 pursuant to Correction Law section 45(6). The purpose of this Subpart is to
					 provide uniform standards and procedures for the establishment and operation of
					 specialized secure 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 180-3 - Specialized Secure Detention Facilities › Section 180-3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Subpart, the following definitions
					 shall apply:
(a) "Specialized secure
				  detention facility for older youth" or "specialized secure detention facility"
				  or "facility" shall mean detention facilities that house youth who are alleged
				  or convicted adolescent offenders.
(b) "Youth" shall mean an alleged or
				  convicted adolescent offender as defined by section
				  1.20(44) of the
				  Criminal Procedure Law.
(c) "OCFS"
				  shall mean the New York State Office of Children and Family Services.
(d) "SCOC" shall mean the New York State
				  Commission of Correction.
(e)
				  "Administrative agency" shall mean the agency of county government responsible
				  for the administration of the county detention program.
(f) "Operating agency" shall mean the
				  authorized agency selected by the administrative agency to operate detention
				  programs in a county or in New York City.
(g) "Sheriff" shall mean the sheriff of the
				  county in which a specialized secure detention facility is located.
(h) "Facility director" or "director of the
				  facility" shall mean the person responsible for the overall operation of the
				  facility or the person designated by the facility director to act in his or her
				  stead.
(i) "Contraband" shall mean:
(1) any article or substance, the possession
				  of which would constitute an offense under the New York State Penal
				  Law;
(2) any deadly weapon or
				  dangerous instrument, as defined in article 10 of the Penal Law;
(3) any article or substance, the possession
				  of which is specifically prohibited by written facility rules and regulations;
				  and
(4) any article or substance
				  which may present a substantial sanitation or health threat to the
				  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 180-3 - Specialized Secure Detention Facilities › Section 180-3.3 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No specialized
				  secure detention facility subject to inspection and supervision by OCFS shall
				  be operated unless it possesses a valid operating certificate issued by OCFS in
				  conjunction with SCOC pursuant to section 503 (9)  of the Executive Law, section 218-a (A)(6)  of the County Law and applicable regulations.
(b)
(1) An
				  application for an operating certificate pursuant to these regulations shall be
				  made upon forms prescribed by OCFS. An application for an operating license
				  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) any plan to
				  collocate a facility with a secure detention facility
(iv) a physical description of the facility,
				  including land, buildings and equipment;
(v) resident capacity;
(vi) a plan and description of staff
				  positions, including duties and qualifications;
(vii) if the applicant is a corporation, the
				  names, addresses and occupations of the members of the board of
				  directors;
(viii) the ownership or
				  control of the land and premises, if other than the operator;
(ix) the proposed operating and financial
				  resources and sources of future revenue of the facility; and
(x) such other information as may be required
				  by OCFS and SCOC.
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 180-3.4 - Administration and Operation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Administration of Specialized Secure Detention Facilities.
(1) Each county shall designate the agency
				  responsible for administering, in conjunction with the applicable county
				  sheriff, or in the case of New York City, the New York City Department of
				  Correction, specialized secure detention facilities on behalf of the county and
				  shall so advise OCFS and SCOC of such designation. In New York City, for
				  purposes of the removal of youth from Rikers Island pursuant to Correction Law
				  section 500-p, the New York City Administration for Children's Services shall
				  be responsible for operating specialized juvenile detention facilities in
				  conjunction with the New York City Department of Correction.
(2) Governmental agencies appointed under
				  paragraph 1 of subdivision (a) of this section may establish and operate a
				  specialized secure detention facility, pursuant to applicable statutes and
				  regulations, and only upon certification by OCFS in conjunction with
				  SCOC.
(3) An agency responsible for
				  administering detention may contract with a public or nonprofit child caring
				  agency to operate a specialized secure detention facility, pursuant to
				  applicable statutes and regulations, and only upon certification by OCFS in
				  conjunction with SCOC.
(i) Nonpublic agencies
				  shall assure that their corporate purposes authorize the operation of a
				  detention facility. Organizations seeking to incorporate for the purpose of
				  operating detention facilities must comply with section 460-a  of the Social
				  Services Law.
(ii) Written
				  contracts or agreements shall be required between agencies administering
				  specialized secure detention facilities and persons or agencies operating
				  specialized secure detention facilities.
(4) Agencies responsible for administering a
				  specialized secure detention facility shall assure the availability of
				  conveniently accessible adequate detention care for each day of the year,
				  including planning for emergencies and other unforeseen events.
(5) Where a county provides regional
				  detention care, it shall be authorized to designate a maximum number of beds in
				  a specialized secure detention facility that shall be available to a
				  county.
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 180-3.5 - Construction and Substantial Remodeling - Definition and Approvals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Plans for
				  Construction of a Specialized Secure Detention Facility.
On and after the date this regulation becomes effective, no
					 building to be used as a specialized secure detention facility shall be
					 constructed or substantially remodeled, in whole or in part, except on plans
					 and designs approved, in writing, by OCFS and SCOC. Plans and designs shall be
					 submitted for approval in accordance with the procedures prescribed by OCFS and
					 SCOC. OCFS and SCOC approval must be obtained before a construction or
					 substantial remodeling project is advertised for bids. If it is not
					 contemplated that a bidding procedure will be followed, approval by OCFS and
					 SCOC must be obtained before any construction or substantial remodeling is
					 undertaken. No youth shall be detained in any new or substantially remodeled
					 building where plans and designs have not been approved by OCFS and
					 SCOC.
(b) Definitions.
As used in this section, the following definitions
					 apply:
(1) "Building" shall mean a
				  structure.
(2) "Construction" shall
				  mean the erection of a new structure.
(3) "Addition" shall mean an extension or
				  increase in the area or height of an existing structure.
(4) "Substantial remodeling" shall mean any
				  alteration, change, rearrangement or reconstruction to an existing structure,
				  except for ordinary repairs and maintenance.
(5) "Equipment" shall mean fixtures or
				  articles affixed to the structure.
(6) "Occupancy" shall mean use or purpose of
				  a building, structure or premises or any room located therein.
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 180-3.6 - Physical Plant Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Physical Plant Requirements. A specialized secure detention facility shall be
				  designed in such a manner as to promote a pleasant, comfortable and secure
				  atmosphere for youth.
(b) The
				  facility shall be designed to minimize the risk of suicide and self-harm, and
				  with the following minimum design and security requirements for required
				  spaces:
(1) Office and Reception Facilities.
				  A specialized secure detention facility shall provide:
(i) onsite office space adequate to permit
				  the efficient, businesslike operation of the program and related services, and
				  for private interviews, consultations and conferences. Space and equipment
				  shall be provided for the safekeeping and privacy of essential records and the
				  temporary storage of the youth's personal belongings;
(ii) reception space for the orderly intake,
				  orientation and release of youth and for visitors to youth; and
(iii) a public lobby or waiting area should
				  be separate and secure from the operation of the 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 180-3 - Specialized Secure Detention Facilities › Section 180-3.7 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Youth Records.
(1) A specialized secure detention facility
				  shall maintain a current case record for each youth, which shall include intake
				  information, observation and treatment reports, incidents, and transfer or
				  discharge summary. Medical and mental health records shall be kept separately
				  from the rest of the youth's record.
(2) Other Records Relating to Youth
(i) A specialized secure detention facility
				  shall keep records of individual youth required by section 372  of the Social
				  Services Law.
(ii) Records shall be
				  kept in a manner required by OCFS.
(iii) Records shall be maintained in real
				  time so that an accurate roll call of the youth present or under care at any
				  time may be readily made.
(iv)
				  Records shall be retained by the administrative agency for ten (10)
				  years.
(3) Records and
				  information pertaining to youth which are of a type (for example, medical
				  records/information, education records) which are governed by specific state or
				  federal law shall be treated with regard to maintenance, confidentiality,
				  retention and disclosure in accordance with such laws.
(4) Visitors. Each facility shall keep a log
				  that includes the name, address, date of visit, and relationship of every
				  person visiting each youth. Visitor logs shall be retained for 6
				  years.
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 180-3.8 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each facility
				  shall have a policy and procedure for reporting required incidents through the
				  Juvenile Detention Automated System (JDAS) or through any other system or
				  manner as required by OCFS and SCOC.
(b) Definitions.
(1) "Critical incident" shall mean any
				  occurrence or event within the grounds of the facility, or involving staff,
				  volunteers, youth or visitors or that has an impact on the safety, well-being,
				  functioning or security of the facility or staff, volunteers, youth or
				  visitors.
(2) "Non-critical
				  incident" shall mean any occurrence or event within the grounds of the
				  facility, or involving staff, volunteers, youth or visitors or that has an
				  impact on the safety, well-being, functioning or security of the facility or
				  staff, volunteers, youth or visitors that is not required to be reported to
				  SCOC.
(3) "Incident type" shall
				  mean the category of the event as defined by OCFS or SCOC. Each type may have
				  specific sub-types.
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 180-3.10 - Classification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				  completion of the initial screening and assessment by a specialized secure
				  detention facility, and pending determination of each youth's living
				  assignment, the youth shall be placed in an area designated for orientation.
				  Placement in such area shall be temporary pending the determination of an
				  appropriate living assignment, which shall be completed within five (5) days of
				  each youth's admission to the facility.
(b) A youth may be assigned a room on a
				  temporary basis within a different area when there is no room in the temporary
				  area or when creating such a room in the area designated for orientation would
				  be cause for significant disruption. Such circumstances include, but are not
				  limited to:
(1) youth who are admitted after
				  residents are in bedrooms for the night;
(2) lack of available free rooms in the area
				  designated for orientation; or
(3)
				  when placing the youth in the area designated for orientation could be
				  dangerous to the youth due to the other youth already placed in the orientation
				  area.
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 180-3.11 - Staffing and Supervision of Youth

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Required Staffing. A specialized secure
				  detention facility shall provide sufficient staffing necessary for the adequate
				  and continuous supervision, safety, health, proper care, and treatment of youth
				  under the care of the facility consistent with the requirements set forth in
				  this section.
(b) Direct Care and
				  Security Staffing.
(1) The direct care staff
				  ratio for youth placed in general population shall be at least one (1) staff
				  for six (6) youth (1:6 ratio), but in all circumstances, there must be at least
				  two (2) staff in each area with youth except when a staff is escorting an
				  individual youth within the building.
(2) For areas serving youth with high level
				  needs including, but not limited to, aggressive/assaultive behaviors, serious
				  emotional disturbance/mental illness, developmental disabilities, or
				  self-harming behaviors, the direct care staff ratios shall be increased above
				  the 1:6 ratio to such that the supervision and support needs of the youth are
				  met adequately.
(3) Unit
				  Supervisors. Each unit where youth are housed must have a unit supervisor who
				  is responsible for the supervision of direct care staff. The unit supervisors
				  shall be in sufficient numbers to safely and adequately supervise the direct
				  care staff and provide relief coverage when needed on the units.
(4) The facility director, designated
				  administrator or the facility physician shall determine whether a youth
				  requires additional supervision based on the youth's condition, illness or
				  injury. Additional supervision may include one-on-one supervision or other
				  forms as designated and defined by the facility. Such determination that
				  additional supervision is warranted shall be documented in writing and include,
				  but not be limited to, the following information:
(i) the reasons underlying such
				  determination;
(ii) the recommended
				  period of additional supervision, including the recommended dates and times
				  when the supervision is to be initiated and concluded; and
(iii) the name(s) of the individual(s) making
				  such determination and/or recommending the supervision.
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 180-3.12 - Behavioral Support System

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  specialized secure detention facility shall have a policy and procedures
				  approved by OCFS for managing youth behavior. Such policy and procedures shall:
(1) be strengths-based and grounded in
				  principles of youth intellectual development;
(2) support positive youth development and
				  social learning;
(3) take into
				  account individual developmental needs and trauma;
(4) set clear expectations for youth
				  behavior; and
(5) set clear
				  expectations for fair and proportionate responses by staff and administrators.
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 180-3.13 - Education

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A specialized
				  secure detention facility shall provide facility youth all educational programs
				  and services required by section 112  of the Education Law, Part 116 of Title 8
				  NYCRR, and all other applicable laws, statutes, and regulations. Youth must be
				  provided with five and a half (5.5) hours of instruction and educational
				  programing during weekdays throughout the year.
(b) Programming shall be provided to youth
				  who are beyond the compulsory attendance age or who have earned a high school
				  diploma or a high school equivalency diploma. The program shall be a minimum of
				  five and a half (5.5) hours during weekdays throughout the year and shall
				  include literacy, math, life skills and workforce development. The program
				  shall be designed to provide an impactful and meaningful educational and
				  vocational learning platform that meets youth's individual needs.
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 180-3.14 - Behavioral Intervention Policies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A specialized secure detention facility
				  shall have behavioral intervention policies approved by OCFS that include
				  techniques for de-escalation of youth behavior, as well as OCFS approved
				  techniques for physical and mechanical restraint. Such policies shall include
				  the following requirements:
(1) Within ten
				  (10) days after admission each youth shall have an individualized plan that
				  documents recommended de-escalation techniques and notes any restrictions on
				  the use of physical restraints. This plan shall be available to staff and staff
				  shall be expected to familiarize themselves with the plan and follow the plan.
				  The plan shall be reviewed regularly and modified as needed.
(2) Staff who are expected to use physical
				  restraints must be successfully trained in the behavioral intervention program
				  prior to being permitted to engage in physical restraint. Such staff may be
				  retrained periodically as necessary, but shall be trained at a minimum
				  annually.
(3) Physical restraints
				  shall not be used as punishment, retaliation, discipline, administrative
				  convenience or harassment/embarrassment of youth.
(4) The following shall not be permitted:
(i) Use of pressure points or four or five
				  point restraints;
(ii) Use of
				  chemical restraints; and
(iii) Use
				  of psychiatric medication solely for purposes of restraint.
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 180-3.15 - Use of Physical Restraint

Current through Register Vol. 46, No. 28, July 10, 2024
A specialized secure detention facility shall have policies
					 regarding the use of physical restraint that shall have the following
					 requirements:
(a) Physical restraint
				  shall be limited to those circumstances where all appropriate approved
				  proactive, non-physical behavior management techniques have been tried and
				  failed, or the circumstances of the incident render use of de-escalation
				  techniques impractical and one of the following circumstances exists:
(1) emergency physical intervention is
				  necessary to protect the safety of any person; or
(2) a youth is attempting to escape from the
				  perimeter of the facility or from the custody of staff while outside of the
				  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 180-3 - Specialized Secure Detention Facilities › Section 180-3.18 - Youth Searches

Current through Register Vol. 46, No. 28, July 10, 2024
A specialized secure detention facility shall develop
					 written policies and procedures, approved by OCFS and SCOC, for the search of
					 youth for the purpose of finding contraband that include the following
					 requirements:
(a) Definitions of terms
				  as follows:
(1) "Personal search" shall mean
				  a search of a youth's body to determine whether the youth has concealed
				  contraband. Personal searches may include: use of a metal detector, pat search,
				  mouth search, strip search, and or radiological search.
(2) "Cavity search" shall mean a physical
				  examination of a youth's anal and/or genital cavities.
(3) "Mouth search" shall mean the visual
				  inspection of a youth's mouth.
(4)
				  "Pat search" shall mean an inspection, by hand, of a youth's person and outer
				  clothes while the youth is clothed.
(5) "Radiological search" shall mean a
				  non-invasive internal examination of a youth using medical imaging
				  equipment.
(6) "Strip search" shall
				  mean the visual search of a youth's clothing and unclothed body.
(7) "Reasonable suspicion" shall mean the
				  amount of information sufficient to compel an ordinarily prudent and cautious
				  person to act under the circumstances. Reasonable suspicion must be directed at
				  a specific person and be based on specific and articulable facts and the
				  logical inferences and inductions which can be drawn from those
				  facts.
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 180-3.19 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS, in
				  consultation with SCOC, may grant a written waiver of one or more of the
				  non-statutory requirements of this Subpart. The waiver may be issued at the
				  time of application for an operating certificate or after an operating
				  certificate is issued.
(b) The
				  applicant for, or holder of, an operating certificate must submit a written
				  request to OCFS for any waiver in the manner required by OCFS. The request must
				  include:
(1) each specific regulation for
				  which a waiver is sought;
(2) the
				  reason the waiver is necessary; and
(3) a description of what will be done to
				  achieve or maintain the intended purpose of such regulation and to protect the
				  health, safety and welfare of the youth in the 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 180-3 - Specialized Secure Detention Facilities › Section 180-3.20 - Case Management

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  specialized secure detention facility shall make case management services
				  available to all youth. At a minimum, case management services shall include:
(1) Daily face to face contact with a youth
				  for the first seven (7) days after admission, and, at a minimum, at least
				  weekly thereafter until the youth has been discharged.
(2) Discharge planning for sentenced youth
				  prior to release to connect the youth to services and supports for the youth's
				  successful reentry to the community.
(3) Other services or activities as may be
				  outlined by OCFS.
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 180-3.21 - Health Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  specialized secure detention facility shall make necessary health and dental
				  services available to all youth. No youth shall be denied access to health
				  services. At a minimum:
(1) Youth shall be
				  taken for immediate treatment at a hospital or other appropriate medical
				  facility, if at admission, upon initial visual inspection, the youth appears to
				  be seriously physically harmed, has an urgent medical need, exhibits signs of
				  intoxication due to drugs or alcohol, or exhibits signs of disorientation or
				  psychosis, and cannot be appropriately treated at the facility. The youth shall
				  be admitted to the facility when he or she has been cleared by a hospital or
				  other medical facility for admission.
(2) A comprehensive health assessment shall
				  be completed within seventy-two (72) hours of admission and at yearly intervals
				  thereafter. Such assessment shall include, but is not limited to the following:
				  medical history, standard review of illnesses and symptoms, and physical
				  examination that meets current medical standards as required by OCFS.
(3) A specialized secure detention facility
				  shall provide ambulatory health services, including, but not limited to: daily
				  sick call, medication administration as authorized or prescribed by medical
				  professionals, and evaluation of youth following physical restraints or
				  altercations.
(4) A specialized
				  secure detention facility shall provide access to outside services sufficient
				  to meet the needs of the youth population, such as: radiology, laboratory, a
				  full range of special diagnostic or therapeutic services (e.g., orthopedics,
				  obstetrician), and dentist or orthodontist services.
(5) A specialized secure detention facility
				  shall establish and maintain a confidential permanent individual medical record
				  for every youth.
(6)A specialized
				  secure detention facility shall address the needs of a youth who has been
				  diagnosed with an infectious disease, including isolation because of such
				  needs.
(7) A youth's medical record
				  shall be forwarded when a youth is transferred to a different facility or
				  placement.
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 180-3.22 - Behavioral Health Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  specialized secure detention facility shall make behavioral health services
				  available to all youth. At a minimum:
(1) A
				  specialized secure detention facility shall require an admission screening
				  interview upon entry to a specialized secure detention facility pursuant to
				  section 180-3.9 of this subpart. If the
				  interview results in an immediate referral, the youth must be assessed by a
				  qualified mental health provider within twenty-four (24) hours.
(2) Assessments, observations, evaluations,
				  diagnosis and treatment services shall be provided by qualified mental health
				  professionals with a master's level or above.
(3) A suicide risk and prevention program,
				  consistent with training approved by OCFS and SCOC. All specialized secure
				  detention facility staff responsible for youth supervision shall be trained in
				  the approved program, including the use of a "cut down tool," and shall receive
				  an annual suicide prevention refresher training.
(4) A youth's behavioral health record shall
				  be forwarded when a youth is transferred to another facility.
(5) A specialized secure detention facility
				  shall have an agreement with local behavioral health providers for emergency
				  behavioral health services.
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 180-3.23 - Conditions of Supervision of Youth

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A specialized secure detention facility
				  shall provide appropriate supervision of youth necessary to maintain safe and
				  efficient operation of the facility. At a minimum:
(1) Youth shall be supervised at all times,
				  by a method of supervision described in the SCOC regulations.
(2) A specialized secure detention facility
				  shall provide supervision that takes into account any special needs of the
				  youth, including intellectual or developmental disabilities, physical
				  impairments, medical conditions (e.g., allergies, heart condition, asthma), or
				  behavioral concerns (e.g., self-harm, aggression).
(3) Staff supervising youth shall engage
				  eyes, ears and mind on the task of supervision. Activities such as reading
				  newspapers, books, magazines or engaging in prolonged personal conversations
				  and the use of any type of personal electronic media device for social or
				  entertainment purposes while supervising youth are prohibited.
(4) Staff shall maintain appropriate
				  interpersonal boundaries with youth and interact with youth appropriately
				  without the use of profanity or ridicule.
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 180-3.24 - Visits by OCFS Staff and Other Officials

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A specialized secure detention facility
				  shall allow OCFS officials and agency representatives, including staff of OCFS
				  Office of the Ombudsman (OCFS Ombudsman), to visit and inspect all areas of a
				  specialized secure detention facility, inspect facility records, and speak
				  confidentiality to youth.
(b) Such
				  visits may be announced or unannounced.
(c) A specialized secure detention facility
				  shall permit Youth Part judges or their designees to visit the facility,
				  interview youth and review records, as they may deem appropriate.
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 180-3.25 - Telephone Access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  specialized secure detention facility shall provide youth access to incoming
				  and outgoing calls. At a minimum:
(1) Youth
				  shall be allowed to call or receive calls from a list of pre-approved
				  individuals developed by the youth's case manager in consultation with the
				  youth, the youth's parent(s) or guardian, and other appropriate individuals,
				  which list shall be updated every three (3) months or sooner as
				  needed.
(2) Youth shall be
				  permitted to make at least one (1) outgoing telephone call per week.
(3) Youth shall be permitted to make and
				  receive additional telephone calls to and from the OCFS Ombudsman and the
				  youth's legal representative in a confidential setting.
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 180-3.26 - Visiting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A specialized
				  secure detention facility shall provide for visits to youth with individuals
				  from their families and community. At a minimum:
(1) Youth shall be permitted to visit more
				  than one (1) visitor at the same time; however, the facility may determine a
				  maximum number of visitors based on factors such as: the size of the visiting
				  room, the needs of other visitors and youth, and the safety of all present in
				  the visiting room.
(2) Youth and
				  their visitors shall be permitted to have contact during visits, provided such
				  contact is appropriate for the setting and consistent with reasonable standards
				  of public decency (e.g., hand-holding, hugging).
(3) A specialized secure detention facility
				  shall establish and publish a schedule of visiting that permits each youth to
				  have the opportunity for a minimum of two (2) hours of visiting per
				  week.
(4) Youth shall be permitted
				  to have visits with legal representatives or the OCFS Ombudsman at times other
				  than those regularly scheduled for visiting, in a confidential location. The
				  policy may establish a procedure for requesting such visit, but may not deny
				  visits with legal representatives or OCFS Ombudsman due to lack of such
				  notice.
(5) Case managers shall
				  work with a youth, the youth's parent(s) or guardian, and other appropriate
				  individuals to develop a list of pre-approved individuals who may visit the
				  youth. The list of pre-approved individuals shall allow for minors, including
				  the youth's siblings or children of the youth, to visit when accompanied by an
				  adult. The list shall be updated every three (3) months or sooner as
				  needed.