reglab/statecodes huggingface dataset:
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 168.3 - Use of physical and medical restraints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Physical restraints. Permissible physical
				restraints, consisting solely of handcuffs and footcuffs, shall be used only in
				cases where a child is uncontrollable and constitutes a serious and evident
				danger to himself or others. They shall be removed as soon as the child is
				controllable. Use of physical restraints shall be prohibited beyond one-half
				hour unless a child is being transported by vehicle and physical restraint is
				necessary for public safety. If restraints are placed on a child's hands and
				feet, the hand and foot restraints are not to be joined, as for example, in hog
				tying. When in restraints, a child may not be attached to any furniture or
				fixture in a room nor to any object in a vehicle.
(1) The division shall prohibit the
				utilization of foot manacles.
(2)
				Physical restraints may be utilized beyond one-half hour only in the case of
				vehicular transportation where such utilization of physical restraints is
				necessary for public safety.
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 168.4 - Group confinement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Group
				confinement shall be construed to include situations where a child is separated
				from the general population and normal daily program by confinement in a locked
				cottage or living unit.
(b) Group
				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, is
				himself in serious and evident danger, or demonstrates by his own behavior or
				by his own expressed desire, that he is in need of special care and attention
				in a living unit separate from his normal surroundings.
(c) Each institution wishing to institute a
				group confinement program must submit a detailed description of the program,
				including regulations governing its administration to the deputy director of
				rehabilitation services for approval.
(d) Each institution administering an
				approved group confinement program shall maintain a daily log indicating the
				number of children in group confinement and their period of stay in the
				program. This information shall be forwarded to the director or his designee
				monthly.
(e) The ombudsman for each
				institution administering an approved group confinement program shall have
				access to the daily log and the confinement area. It shall be his
				responsibility to report any deviation from the approved program to the
				institution's superintendent or director and, in an appropriate case, he may
				include documented deviations in his ombudsman's reports.
(f) Where institutions instituted group
				confinement programs prior to the adoption of this section, they shall submit
				detailed written program description and regulations to the deputy director of
				rehabilitation services within 30 days from receipt of notice of adoption of
				this section. Any institution failing to have an approved program within 60
				days of the adoption of this Part, shall terminate the use of group
				confinement.
(g) Program
				description, regulations and amendments governing each approved group
				confinement program shall be kept on file at the institution and in the Albany
				central office.
(h) Changes in
				group confinement programs and regulations shall be approved in the same manner
				as the initial program was approved.
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 168.6 - Reporting to counsel's office

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				All incidents which could give rise to claims against the State shall be
				reported in writing to the deputy director of rehabilitation services and to
				the office of general counsel within 48 hours. Incidents to be reported shall
				include, but not be limited to, the following: damage to property by students,
				death of any student in program, commission of criminal acts by staff or
				students, use of physical force by staff, and injury of staff in line of
				duty.
(b) General counsel shall
				review the incident reports and supporting material to determine those
				incidents which have a substantial likelihood of giving rise to a claim or
				proceeding against the State. He shall then give notice of these claims to the
				Attorney General as required pursuant to section 72  of the Public Officers
				Law.
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 168.8 - Group punishment

Current through Register Vol. 46, No. 28, July 10, 2024
Children in residential care at division facilities shall not
				  be disciplined, sanctioned, deprived of any right or privilege or otherwise
				  punished solely on account of the behavior or acts of other children at the
				  facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 169 - Release And Return › Section 169.1 - Revocation of release, grounds

Current through Register Vol. 46, No. 28, July 10, 2024
Release pursuant to section 523  of the Executive Law may be
				  revoked by the division upon a violation of aone or more of the following
				  conditions of release including, but not limited to:
(a) adhere to a reasonable curfew set by the
				youth service team worker;
(b) not
				associate with persons whose influence would have a detrimental effect,
				including but not limited to persons previously convicted of crime or having a
				known criminal background;
(c)
				attend school in accordance with the provisions of part I of article 65 of the
				Education Law and/or cooperate with the assigned youth service team worker in
				seeking to obtain and in accepting employment and employment counseling
				services;
(d) abstain from the use
				of alcoholic beverages, hallucinogenic drugs, habit forming drugs not lawfully
				prescribed, or any other harmful or dangeous substance;
(e) report to the youth service team worker
				as directed;
(f) not commit an act
				which would be a crime if committed by an adult;
(g) not operate a motor vehicle without a
				license;
(h) obey all reasonable
				commands of parents or other persons legally responsible for care and
				treatment;
(i) not run away from
				the lawful custody of parents or other lawful authorities; and
(j) any other reasonable condition of which
				the releasee is informed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 169 - Release And Return › Section 169.2 - Notice of grounds for revocation of release

Current through Register Vol. 46, No. 28, July 10, 2024
Each child released from a school or center of the division,
				  pursuant to section 523  of the Executive Law, shall receive, prior to his
				  release, an orientation session at which he shall be informed orally and
				  receive in writing the terms of his release, including notification of the
				  grounds upon which release may be revoked. A copy of the terms of release shall
				  be mailed to the releasee's parent or guardian at the time of
				  release.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 169 - Release And Return › Section 169.3 - Initiation of release revocation proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The youth worker who has reasonable
				knowledge of the child's behaivor shall prepare a report documenting reasons
				why return to a school or center is the best interest of the child and/or the
				community, including specific violations of prescribed conditions of
				release.
(b) Said report, if
				endorsed by the immediate supervisor of the youth worker shall be submitted to
				the director of the community services bureau.
(c) The director of community services bureau
				or his designee shall review the report and make a determination which may be:
(1) continuation of the child's present
				release program;
(2) modification
				of the child's release program;
(3)
				referral to either Family Court or a court of other jurisdiction for other
				disposition where it is the opinion of the director of Children's Services
				Bureau that a new placement is required;
(4) return to a State training school is in
				the best interest of the child and/or the community.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 169 - Release And Return › Section 169.4 - Notice of hearing, statement of allegations and return to custody

Current through Register Vol. 46, No. 28, July 10, 2024
When the director of community services bureau determines
				  that it is in the best interest of the child and/or the community that the
				  child should be returned to the division's facility program for further
				  treatment, the following procedure should be followed:
(a) Documentation of the grounds upon which
				the recommendation that release be revoked shall be forwarded to the office of
				the counsel of the division with a request that a revocation hearing be
				held.
(b) Counsel's office shall
				prepare a notice of hearing which shall include a statement describing the
				allegations upon which the hearing will be based and a warrant for apprehension
				of the released child to be used at the discretion of the director of community
				services.
(c) The notice of hearing
				shall state in writing the rights of the releasee to a hearing, including the
				right of each party to be represented, to testify, to produce witnesses, to
				present documentary evidence, to examine opposing witnesses to the extent
				necessary to assure that the hearing officer is accurately informed of the
				facts and to examine evidence.
(d)
				The notice of hearing shall be forwarded to the director of community services
				who shall arrange for an employee, designated by the division, to apprehend the
				releasee named in the notice of hearing and have said releasee returned to the
				custody of the division. However, where it is the opinion of the director of
				community services that there are reasonable grounds to believe the child would
				appear at the time and place of hearing without being taken into custody, the
				child shall be left in the community.
(e) Copies of the notice of hearing shall be
				served by mail upon releasee, parents of the releasee, the releasee's legal
				counsel as soon as he is identified, and the hearing officer who shall conduct
				the revocation hearing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 169 - Release And Return › Section 169.5 - Rights of parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				revocation hearing shall be held within 20 days from the date that the releasee
				is taken into custody and within 20 days of mailing the notice of hearing to
				the releasee where the releasee is not taken into custody, subject to the
				authority of the hearing officer to grant reasonable adjournments.
(b) The hearing shall be presided over by a
				hearing officer who shall be an attorney employed by the division exclusively
				to conduct hearings for the division.
(c) The releasee shall have the right to
				legal counsel at the hearing.
(d)
				The office of counsel of the Division for Youth shall act as agency
				representative at the hearing.
(e)
				Notification of hearing date. At least five days prior to the date of hearing,
				notice shall be given to the parties and representatives by the hearing
				officer, including: the releasee, the releasee's attorney, and the parents of
				the releasee. The notice to the parties shall inform them:
(1) of the date and place of
				hearing
(2) of the name and address
				of the hearing officer who will conduct the hearing
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 169 - Release And Return › Section 169.6 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hearing
				officer shall preside. He shall make an opening statement describing the nature
				of the proceeding, the issues and the manner in which the hearing will be
				conducted.
(b) The hearing officer
				shall have all the powers conferred by law and regulations of the division to
				acquire attendance of witnesses and the production of books and records and to
				administer oaths and to take testimony.
(c) The hearing officers shall conduct an
				impartial hearing.
(d) Technical
				rules and evidence followed in a court of law shall not apply, but evidence
				must be relevant and material.
(e)
				Each party has a right to be represented by counsel, or other representative,
				to testify, to produce witnesses to testify, to offer documentary evidence, to
				examine opposing witnesses to the extent necessary to assure that the hearing
				officer is accurately informed of the fact, to offer evidence in rebuttal and
				to examine any documentary evidence offered by the other party.
(f) The hearing officer may, in his
				discretion, order the removal of any person present at a hearing when the
				presence of that person interferes with the orderly conduct of the
				hearing.
(g) The hearing may be
				adjourned by the hearing officer for good cause on his own motion or at the
				request of either party.
(h) A
				verbatim record of the hearings shall be made.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 169 - Release And Return › Section 169.7 - Examination of record after hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The record of the hearing shall be confidential, but it may
				  be examined by either party, including the releasee, his parent or his
				  designated legal representative.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 169 - Release And Return › Section 169.8 - The decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				hearing officers shall issue a decision determining whether the releasee has
				knowingly violated any of the conditions of his release as alleged. The hearing
				officer's decision shall be based upon substantial evidence presented at the
				hearing. Where substantial evidence is found to exist, the hearing officer
				shall order revocation of release. Where the hearing officer finds that there
				is no substantial evidence upon which the allegation is based, the hearing
				officer shall order the return of the releasee to the community under continued
				aftercare supervision.
(b) The
				hearing officer, on motion of the releasee or his representative, or on his own
				motion, may order a releasee returned to the community under continued
				aftercare supervision at the time of the hearing where there is no evidence to
				support the allegations presented at the hearing.
(c) In all cases, a written decision shall be
				served upon the parties to the proceedings within four days following the
				hearing.
(d) Notice of revocation
				of release shall also be sent to the Family Court which placed the
				releasee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 169 - Release And Return › Section 169.9 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
In the letter transmitting the decision, the hearing officer
				  shall make clear references to the availability of judicial review, pursuant to
				  article 78 of the Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 169 - Release And Return › Section 169.10 - Voluntary return

Current through Register Vol. 46, No. 28, July 10, 2024
A child on release status may volunteer to return to the
				  custody of the division for youth without a revocation hearing. In such cases,
				  release shall be revoked without a hearing, provided that a waiver of hearing
				  is signed by the youth while represented by an attorney, who shall determine
				  that the youth is aware of the significance of his act.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-1 - Bill Of Rights For Juveniles › Section 171-1.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
In recognition of the fact that juveniles residing in
					 Division for Youth facilities have certain basic rights which are not lost or
					 made negotiable by the fact of their institutionalization, the division herein
					 commences listing specific inalienable rights applicable to all children in our
					 care.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-1 - Bill Of Rights For Juveniles › Section 171-1.2 - Resident dress

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  provided in this Part, residents may wear clothing of their choice and jewelry
				  unless the division has instituted uniform resident dress
				  requirements.
(b) In addition to
				  subdivision (a) of this section, resident clothing and jewelry may be
				  restricted to preserve the safety, security or good order of the facility or
				  the health of any individual.
(c)
				  Clothing issued by the division shall be available to those residents lacking
				  personal clothing.
(d) Residents
				  shall maintain all personal and issued clothing in a clean condition. Residents
				  may be prohibited from wearing clothing which is not maintained in a clean
				  condition or which is not in good repair.
(e) The division shall provide residents with
				  reasonable means of cleaning clothing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-1 - Bill Of Rights For Juveniles › Section 171-1.3 - Resident grooming

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Consistent with the provisions of this Part, residents may wear their hair, and
				  facial hair, as they choose.
(b)
				  The length and style of residents' hair and facial hair may be restricted where
				  such restrictions are necessary to preserve the safety, security or good order
				  of the facility or the health of any individual.
(c) Residents may be required to observe
				  reasonable precautions with respect to hair or facial hair in the interest of
				  health and safety.
(d) Where the
				  involuntary removal of a resident's hair or facial hair is determined advisable
				  to preserve safety, security or good order of the facility or the health of any
				  individual, the facility director shall make a written request to the deputy
				  director for residential services, with a copy to the director of ombudsmen,
				  stating the reasons necessitating such removal, and shall not proceed until
				  written approval of such action is received.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-1 - Bill Of Rights For Juveniles › Section 171-1.4 - Religion

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Policy.
(1) Residents have an unrestricted right to
				  hold any religious belief.
(2)
				  Consistent with regulations applicable to the division, residents are entitled
				  to exercise their customary religious beliefs in any manner that does not
				  constitute a threat to the safety, security or good order of a facility or the
				  health of any individual.
(3) No
				  person shall be permitted to proselytize or to seek to convert any resident,
				  nor shall any resident be compelled to exercise or dissuaded from exercising
				  any religious belief.
(4) Equal
				  status and protection shall be afforded all residents in the exercise of
				  religious beliefs, except when such exercise would result in facility
				  expenditures which are unreasonable or disproportionate to those extended to
				  other residents for similar purposes.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-1 - Bill Of Rights For Juveniles › Section 171-1.5 - Posting of rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility shall post in each living area all State and
					 facility rules and regulations which the facility intends to enforce against
					 (or on behalf of) any student.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-1 - Bill Of Rights For Juveniles › Section 171-1.6 - Searches

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever possible, a student's physical presence must be
					 obtained to search his or her room, locker, and/or possessions. Whenever it is
					 impossible to obtain the physical presence of the student, the facility shall
					 notify him or her in writing as soon as possible thereafter:
(a) that a search has been made;
				  and
(b) of any article
				  taken.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-1 - Bill Of Rights For Juveniles › Section 171-1.7 - Visitors

Current through Register Vol. 46, No. 28, July 10, 2024
A resident has a right to receive any and all authorized
					 visitors at the times fixed for visits; however, a facility may exclude a
					 resident's authorized visitor under the age of 18 who is not accompanied by the
					 resident's parents, guardian, or by other suitable person. The ombudsman and
					 residents' legal counsel or law guardian shall have unrestricted access to the
					 residents. The facility director has the right to limit the number of visitors
					 and area of visitation in the best interest of the facility residents.
Authorized visitor shall mean those visitors whose names
					 are included on a list of visitors, which list shall be developed cooperatively
					 by the facility, the resident, and the resident's parent or guardian, at the
					 point of intake/time of admission to the facility. Such list of visitors may be
					 amended at any time during the resident's placement in an OCFS facility with
					 the agreement of the facility director and the resident's parent or
					 guardian.
All residents shall receive a copy of the visitation policy
					 of the facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-1 - Bill Of Rights For Juveniles › Section 171-1.8 - Pursuit of runaways

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility of the staff to return runaways to
					 the facility. Residents of the facility can assist staff in this endeavor where
					 it is felt that the presence of a fellow student would assist in talking an
					 escapee to return voluntarily provided that:
(a) Students are accompanied by a staff
				  member at all times.
(b) Students
				  never use force at any time to return the runaway.
(c) Students will not assume staff
				  responsibilities such as pursuing, locating or apprehending escapees.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-1 - Bill Of Rights For Juveniles › Section 171-1.9 - Youth leadership academy

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to the youth
					 leadership academy program, except where these provisions are inconsistent with
					 youth leadership academy program objectives. However, the participants in the
					 youth leadership academy program shall be afforded appropriate religious
					 participation and access to mail, visitation and telephones.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-2 - Resident Mail › Section 171-2.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart contains and describes the policies and
					 procedures governing correspondence to and from residents of facilities
					 operated by the Office of Children and Family Services (OCFS), with the
					 exception of resident privileged mail which is governed by Subpart 171-3 of
					 this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-2 - Resident Mail › Section 171-2.2 - In general

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Residents
				  of all facilities operated by the OCFS, including community-based facilities,
				  are permitted to correspond with persons or organizations, subject to the
				  limitations necessary to maintain facility order and control. Incoming mail
				  shall be inspected and outgoing mail may be inspected for contraband. When
				  based on legitimate facility interests of order and security, mail may be read,
				  censored or rejected. Resident mail may not be read, censored or rejected
				  except as provided herein. Youth are notified in writing when incoming or
				  outgoing mail is withheld in part or in full. Notification of the resident may
				  be delayed when such notification would interfere with an ongoing investigation
				  of circumstances that impact the security and good order of the
				  facility.
(b) Limitations may be
				  placed upon a resident's ability to receive or send mail with the approval of
				  the facility director in consultation with resident's parent or guardian. This
				  limitation on the receipt and sending of mail may be imposed only when the
				  security and good order of an OCFS facility is at stake. The reasons for the
				  imposed limitation must be documented and placed in the resident's
				  file.
(c) Correspondents are
				  personally responsible for the contents of their mail. Violations of
				  regulations governing resident correspondence will be considered a serious
				  offense which may result in a disciplinary proceeding and/or the suspension of
				  correspondence privileges for a specified period of time. The sending of
				  obscene, threatening or fraudulent materials through the mail may constitute a
				  crime under Federal and/or State law. As such, criminal prosecution may
				  result.
(d) The facility director
				  shall have the overall responsibility for the administration of the
				  correspondence program, consistent with the provisions of this regulation, at
				  the facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-2 - Resident Mail › Section 171-2.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Incoming mail.
				  Correspondence mailed to an OCFS resident and received at the
				  facility.
(b) Outgoing mail.
				  Correspondence sent by an OCFS resident to individuals outside of the
				  facility.
(c) Inspection. Screening
				  of incoming or outgoing mail that does not include reading the
				  contents.
(d) Immediate family
				  member. The mother, father, sister, brother, grandparent, spouse or child of
				  the resident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-2 - Resident Mail › Section 171-2.4 - Incoming mail

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With the
				  exceptions provided for in this regulation, all correspondence is to be given
				  to residents within 24 hours of being received at the facility, excluding
				  weekends and holidays.
(b) All
				  incoming mail at facilities will be screened in a central area, as designated
				  by the facility director.
Incoming mail will not be forwarded to housing units, prior
					 to inspection.
(c) Incoming
				  mail will be screened by staff, who will inspect the contents, issue receipts
				  for cash/money orders, and remove contraband before forwarding mail to the
				  resident. Any cash/money orders received shall be forwarded to the facility
				  business office in accord with facility procedures. All incoming mail will be
				  logged in the facility resident correspondence log.
(d) The facility director may authorize the
				  reading of a resident's incoming mail when the director reasonably suspects
				  that to issue the incoming mail to the resident would jeopardize the security
				  and good order of the facility. The resident shall be informed in writing when
				  incoming mail is read. Such notification of the resident may be delayed when
				  the notification would interfere with an ongoing investigation of circumstances
				  that impact the security and good order of the facility.
(e) OCFS residents are permitted to receive
				  incoming mail except from the following:
(1)
				  persons in correctional facilities or jails;
(2) persons under parole
				  supervision;
(3) other persons in
				  OCFS custody, including residents in other units or cottages in the same
				  facility or on the same grounds, or youth in aftercare or day placement
				  programs;
(4) persons in the
				  custody of any other agency or jurisdiction due to alleged criminal behavior,
				  adjudicated juvenile delinquency, or juvenile offender status.
(5) The facility director may waive these
				  restrictions in the case of an immediate family member, or person who has
				  demonstrated a parental or sibling relationship with the resident, if it is
				  determined that a waiver is in the best interest of the resident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-2 - Resident Mail › Section 171-2.5 - Outgoing mail

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Residents
				  are prohibited from sending correspondence to the following:
(1) persons in a correctional
				  facility;
(2) persons under parole
				  supervision;
(3) other persons in
				  OCFS custody, including residents in other units or cottages in the same
				  facility or on the same grounds or youth in aftercare or day placement
				  programs;
(4) persons in the
				  custody of any other agency or jurisdiction due to alleged criminal behavior,
				  adjudicated juvenile delinquency status offenses or juvenile offender status;
				  and
(5) the facility director may
				  waive these restrictions in the case of an immediate family member, or person
				  who has demonstrated a parental or sibling relationship with the resident, if
				  it is determined that a waiver is in the best interest of the
				  resident.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-2 - Resident Mail › Section 171-2.6 - Negative correspondence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  If, for good cause, the facility director determines that correspondence
				  between a resident and another person or entity is having a negative influence
				  on the proper rehabilitation of the resident and/or is otherwise detrimental to
				  the safety, security or good order of the facility, the facility director may
				  place this person/entity on the resident' s negative correspondence list. The
				  resident shall be notified in writing and may request removal of the
				  person/entity from the list in accordance with subdivision (e) of this section
				  and appeal any denial of the request in accordance with Subpart
				  171-5.
(b) The negative
				  correspondence list shall contain the name of any person or entity that has
				  indicated, in any manner, that further correspondence from a resident is not
				  desired.
(c) No resident shall be
				  permitted to correspond with any person/entity that is on the resident's
				  negative correspondence list. Continued efforts to do so may result in
				  disciplinary action.
(d)
				  Correspondence received from persons/entities who are on a resident's negative
				  correspondence list, will be handled under the applicable provisions of section
				  171-2.4 of this Subpart.
(e) Residents may request that
				  persons/entities be removed from the negative correspondence list by writing to
				  the facility director. The facility director will respond with a written
				  decision, within 30 days of receipt of the resident's request.
(f) Negative correspondence lists shall be
				  maintained with the appropriate facility mail log, and shall be accessible to
				  staff inspecting mail.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-3 - Resident Privileged Mail › Section 171-3.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart contains and describes the procedure governing
					 privileged mail sent and received by residents of OCFS
					 facilities.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-3 - Resident Privileged Mail › Section 171-3.2 - In general

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				  policy of the OCFS to permit facility residents to correspond with certain
				  persons/entities, as listed below, in a confidential manner.
(b) Accordingly, procedures are to be
				  developed, at all facilities, to ensure the confidentiality of privileged
				  correspondence while maintaining the effective, safe and secure operation of
				  the facility.
(c) Local procedures
				  are to be consistent with the provisions of this regulation.
(d) Unless otherwise covered in this
				  regulation, all other resident correspondence will be covered by the provisions
				  of Subpart 171-2 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-3 - Resident Privileged Mail › Section 171-3.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Privileged
				  mail. Any item of correspondence to or from those persons (titles) or entities
				  listed below:
(1) any United States or New
				  York State Government Official;
(2)
				  any member of the United States Congress;
(3) any member of the New York State
				  Legislature;
(4) any Judge of any
				  Federal or New York State Court;
Note: This does not include Town Justice Court.
(5) the resident's attorney of
				  record or legal representative (law guardian);
(6) the commissioner of the New York State
				  Office of Children and Family Services;
(7) any deputy commissioner of the New York
				  State Office of Children and Family Services; and
(8) an ombudsman of the New York State Office
				  of Children and Family Services.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-3 - Resident Privileged Mail › Section 171-3.4 - Incoming privileged mail

Current through Register Vol. 46, No. 28, July 10, 2024
Incoming privileged mail shall be handled as
					 follows:
(a) All privileged mail will
				  be screened and recorded centrally but will not be opened.
(b) Incoming privileged mail must be
				  contained in a sealed envelope bearing the official printed return address of
				  the sender.
(1) The official return address
				  must contain either the name and title or office of the sender, the number,
				  street, city, and ZIP code.
(2)
				  Incoming mail purporting to be privileged, but not containing an official
				  printed return address will be returned to the sender.
(3) If there is no return address on the
				  correspondence, the mail will be confiscated and forwarded to the facility
				  director.
(i) The facility director will make
				  a reasonable attempt to identify the sender. If the sender is identified, the
				  mail will be returned to the sender.
(ii) If the sender cannot be identified the
				  mail will be handled in accord with facility contraband procedures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-3 - Resident Privileged Mail › Section 171-3.5 - Outgoing privileged mail

Current through Register Vol. 46, No. 28, July 10, 2024
Outgoing privileged mail will be handled in accord with the
					 provisions of Subpart 171-2 of this Part, except as follows:
(a) Outgoing privileged mail may be sealed by
				  the resident.
(b) The provisions
				  for reading and/or confiscating outgoing resident privileged mail will be the
				  same as outlined in section
				  171-3.4 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-3 - Resident Privileged Mail › Section 171-3.6 - Inspection/confiscation of privileged mail

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the facility director (or his/her
				  designee) has reason to suspect that an item of incoming privileged
				  correspondence contains material which could jeopardize the safe and secure
				  operation of the facility, the facility director (or his/her designee) will
				  personally inspect or read it.
(b)
				  If a determination is made that to issue the correspondence to the resident
				  would jeopardize the safe and secure operation of the facility or would not be
				  in the best interest of the resident or the facility, the mail will be
				  confiscated and retained as evidence.
(c) If the mail contains illegal material the
				  facility director will notify the local police authorities and the deputy
				  commissioner for rehabilitative services as soon as possible.
(d) If the facility director (or his/her
				  designee) determines that it is appropriate for the resident to receive the
				  correspondence, the mail will be delivered to the resident's housing unit and
				  normal procedures followed.
(e) An
				  explanation for review of a resident privileged mail must be documented and
				  placed in the resident's file. In addition, if the privileged mail is
				  confiscated, the resident will be notified.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-4 - Resident Telephone Calls › Section 171-4.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart contains and describes the policies and
					 procedures governing resident telephone use to residents of facilities operated
					 by the Office of Children and Family Services (OCFS).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-4 - Resident Telephone Calls › Section 171-4.2 - In general

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The OCFS
				  recognizes the value of telephone calls to enable residents to maintain contact
				  with immediate family members, legal guardian, foster parent, person who has
				  demonstrated a parental or sibling relationship with the resident, an
				  authorized telephone contact, legal representative, custodian/guardian of a
				  child of the resident, and the office of the ombudsman. For the purposes of
				  this Subpart, an immediate family member is the mother, father, sister,
				  brother, grandparent, spouse or child of the resident.
Authorized telephone contact shall mean those persons whose
					 names are included on a list of telephone contacts, which list shall be
					 developed cooperatively by the facility, the resident, and the resident's
					 parent or guardian, at the point of intake/time of admission to the facility.
					 Such list of telephone contacts may be amended at any time during the
					 resident's placement in an OCFS facility with the agreement of the facility
					 director, and the resident's parent or guardian.
(b) This regulation is intended to establish
				  the procedures for telephone use, while maintaining the safety and security of
				  the facility, facility staff and residents.
(c) Residents shall be informed that any
				  call, except those to or from a legal representative or the office of the
				  ombudsman, may be monitored by the facility.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-4 - Resident Telephone Calls › Section 171-4.3 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the provisions of this regulation, facility-specific procedures shall be
				  developed on the use of that facility's phone system. This shall include a
				  listing of individuals approved to call or receive calls from a resident. These
				  listings will be provided to appropriate staff.
(b) Each facility director shall block
				  800/900 lines and similar services through the telephone company.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-4 - Resident Telephone Calls › Section 171-4.4 - Incoming calls

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permitted
				  calls. Residents are permitted to receive calls, during reasonable timeframes
				  and in the manner designated by the facility director in accord with the
				  following limitations:
(1) residents may only
				  receive calls from immediate family, a legal guardian, foster parent or person
				  who has demonstrated a parental or sibling relationship with the resident, the
				  resident's legal representative, custodian/guardian of a child of the resident,
				  an authorized telephone contact, and the ombudsman office;
(2) specific timeframes shall be developed
				  for residents to receive incoming calls. These timeframes shall be scheduled so
				  as not to conflict with facility programming. A minimum of two and a maximum of
				  three hours per day will be allotted for this purpose;
(3) all incoming calls will be taken,
				  verified and logged by staff before transferring the call to the
				  resident;
(4) all incoming calls
				  shall be limited to a maximum of 10 minutes except that supervising staff may
				  permit longer calls when the resident is talking to his/her legal
				  representative or ombudsman office; and
(5) a resident shall be permitted to receive
				  one call per day, subject to the capacity of the facility's telephonic
				  equipment, in addition to calls from a legal representative and/or ombudsman
				  office.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-4 - Resident Telephone Calls › Section 171-4.5 - Outgoing calls

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permitted
				  calls. Residents will be permitted to make outgoing calls, in the manner
				  designated by the facility director, and in accord with the provisions of this
				  regulation, as follows:
(1) a specific daily
				  timeframe(s) shall be established when residents will be permitted to make
				  outgoing calls. A minimum of two and a maximum of four hours will be allotted
				  for this purpose. These timeframes will not conflict with normal facility
				  programming periods;
(2) outgoing
				  calls will be made collect except for arrival and emergency calls in accord
				  with paragraph (8) of this subdivision and subdivision (d) of this
				  section;
(3) outgoing collect calls
				  shall only be permitted to immediate family, a legal guardian, foster parent or
				  person who has demonstrated a parental relationship with the resident, a legal
				  representative, custodian/guardian of a child of the resident, an authorized
				  telephone contact, or a representative of the ombudsman's office;
(4) outgoing calls will be limited to a
				  maximum of 10 minutes except that calls to a resident's legal representative or
				  ombudsman may be extended by staff;
(5) residents are permitted to make one
				  collect outgoing call per week. Additional collect calls shall be permitted
				  pursuant to the provisions of the youth development system. Legal
				  representative or ombudsman calls will not be counted toward the total
				  permitted. Residents are permitted to call the office of the ombudsman at State
				  expense;
(6) if the facility is
				  equipped with a collect call (only) system, residents may be permitted to dial
				  the number directly. Other outgoing calls for residents will be dialed by
				  staff, who will verify the identity of the recipient before transferring the
				  call to the resident;
(7) all
				  outgoing resident calls will be logged with resident's name, date, time of
				  call, phone number, and name of person called; and
(8) residents will be permitted one outgoing
				  call, at State expense, upon arrival at a facility for the purpose of notifying
				  family/guardian of the resident's new location.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 171 - Facility Programs › Subpart 171-4 - Resident Telephone Calls › Section 171-4.6 - Suspension of privileges

Current through Register Vol. 46, No. 28, July 10, 2024
The facility director may suspend, for a specific period or
					 indefinitely, a resident's telephone privileges, with one or more specified
					 persons, if, in the judgment of the director, the resident has violated any of
					 the procedures outlined in this regulation, is in violation of any major rule
					 as it applies to the use of telephones, or further communication with specified
					 individual(s) is deemed not to be in the best interest of the
					 resident.