N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-4.5

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

Section 171-4.5 - Outgoing calls

(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.

(b) Prohibited calls. Residents are not permitted to place calls to the following:

(1) persons in correctional facilities/jails;

(2) persons under parole supervision;

(3) persons in OCFS custody, including residents in other units or cottages in the same facility or on the same grounds, or youth in day placement or aftercare programs;

(4) persons in custody of any other agency or jurisdiction due to alleged criminal behavior, adjudicated juvenile delinquency, status offense, or juvenile offender status;

(5) persons who have advised the facility that they do not wish to receive calls from the resident in accord with subdivision (c) of this section; and

(6) the facility director may waive the restrictions in this subdivision 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.

(c) Unwanted calls. If and when a facility is advised that a person in the community does not wish to receive calls from a resident, and that information is verified, the facility director shall inform the resident, in writing, that calls to that individual are prohibited. This prohibition must be communicated to all appropriate facility staff. Those facilities that have the capability to block that number from being called shall do so.

(d) Emergency calls.

(1) Residents will be permitted to make outgoing calls, at State expense, in emergency situations such as:

(i) notification of serious injury, illness or death in the resident's family, or a serious injury to or illness of the resident;

(ii) calls to the resident's legal representative based on documented need.

(2) In other than those emergencies listed above, the facility director may authorize a State expense phone call for a resident if the facility director determines it to be in the best interest of the resident.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-4.5