N.Y. Comp. Codes R. & Regs. tit. 9 § 168.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 168.4 - Group confinement

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 168.4