N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.4

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

Section 180-3.4 - Administration and Operation

(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.

(b) Pursuant to section 218-a of County Law, a county may authorize a contract between its county and one or more other counties providing for the joint operation and maintenance of a specialized secure detention facility.

(c) Role of Sheriffs.

(1) The sheriff's role in co-administering a specialized secure detention facility with the local detention administering agency shall minimally consist of conducting security reviews to inspect facility hardware, fences, physical structure and staffing ratios, and to provide written findings to the local administering agency, the operating agency, if different from the administering agency, SCOC and OCFS.

(2) Initial security reviews shall be conducted prior to the initial certification of the facility. Subsequent security reviews shall be conducted in intervals not to exceed one (1) year after the initial certification.

(d) Non-Discrimination.

(1) Staff and volunteers of a specialized secure detention facility shall not engage in or condone discrimination or harassment of youth on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, disability, or any other characteristic protected by federal or state law.

(2) Staff and volunteers of a specialized secure detention facility shall promote and maintain a safe environment; take reasonable steps to prevent discrimination and harassment against youth by other youth; promptly investigate incidents and allegations of discrimination and harassment by staff, volunteers and youth; and take reasonable and appropriate corrective or disciplinary action when such incidents occur.

(3) For the purposes of this section, gender identity or expression shall mean having or being perceived as having a gender identity, self-image, appearance, behavior or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth. Gender identity refers to a person's internal sense of self as male, female, no gender, or another gender, and gender expression refers to the manner in which a person expresses their gender through clothing, appearance, behavior, speech, or other means of expression.

(e) Prevention and remediation of child and vulnerable youth abuse and referral.

(1) A specialized secure detention facility shall establish and implement, subject to and consistent with any applicable collective bargaining agreement(s), a written procedure to review, evaluate and verify the backgrounds of, and the information supplied by, all applicants for employment or voluntary work. This procedure shall also include provisions for receiving, at a minimum, the following information from each applicant:

(i) a statement or summary of the applicant's employment history, including, but not limited to, any relevant child-caring experience;

(ii) the names, addresses, and where available, telephone numbers of references who can verify the applicant's employment history, work record and qualifications;

(iii) a statement or summary of the applicant's or volunteer's educational experience showing elementary school(s), if the applicant or volunteer does not have a secondary school diploma or high school equivalency diploma; secondary school(s) or college(s) attended; highest grade level or degree attained; and any additional credits earned;

(iv) the names and addresses of educational institutions that can verify the applicant's or volunteer's educational information;

(v) a listing of special skills or completed training courses that might aid in the performance of duties of the position for which he or she is applying;

(vi) the names, addresses and telephone numbers of at least two personal references, other than relatives, who can attest to the applicant's character, reputation and personal qualifications; and

(vii) a sworn statement by the applicant, indicating whether, to the best of his or her knowledge, he or she has ever been convicted of a crime in New York State or any jurisdiction and that all statements in the application are true, to the best of his or her knowledge.

(2) This procedure shall include provisions for conducting pre-employment and criminal history background checks before hiring or otherwise using applicants, consultants or contractors who will have regular and substantial contact with residents of the specialized secure detention facility as required by sections 378-a, 424-a and 495 of the Social Services Law, and other applicable statutes and regulations. Staff for whom such checks and reviews are not complete shall not be permitted to supervise youth, unless accompanied by a staff who has completed such checks.

(3) A specialized secure detention facility shall develop a plan for adequate supervision of staff and volunteers, taking into consideration the population served and the type, size and physical layout of the facility, to assure appropriate care of youth and the prevention of child abuse and neglect. The plan shall be submitted to OCFS for review and approval. The plan shall include, but not be limited to:

(i) staffing patterns and the rationale for such patterns;

(ii) identification of all supervisors of staff and volunteers, including the designation of onsite supervisors;

(iii) a list of the qualifications and responsibilities of the supervisors;

(iv) procedures for periodic observations by supervisors of staff and volunteer interactions with youth in program;

(v) procedures for periodic supervisory conferences for staff and volunteers;

(vi) procedures, consistent with any applicable collective bargaining agreement(s) and provisions of the Civil Service Law, for periodic written performance evaluations of staff conducted by supervisors; and

(vii) methods for distributing written supervisory procedures to employees and volunteers.

(4) A specialized secure detention facility shall develop written procedures, available onsite, for the protection of persons receiving services at the specialized secure detention facility when there is reason to believe a reportable incident has occurred that would render a person receiving services abused or neglected as defined in section 488 of the Social Services Law. Such procedures shall include, but not be limited to the following:

(i) Notifications. Immediate notification of suspected incidents of abuse or neglect and reportable incidents shall be made to:

(a) the Vulnerable Persons' Central Register;

(b) local law enforcement officials, if it appears likely that a crime has been committed against a child, or to confirm that such notification has already been made; and

(c) OCFS and the facility's administrative agency.

(ii) Investigation procedures. Immediately upon notification that a report of abuse or neglect has been made to the Vulnerable Persons Central Register and/or local law enforcement officials, the director of the facility or his or her designee shall:

(a) preserve any relevant audio and/or visual recording;

(b) preserve any other potential evidence;

(c) obtain proper medical evaluation and/or treatment for the persons receiving services, as needed, with documentation of any evidence of abuse or neglect; and

(d) provide necessary assistance to the Justice Center for the Protection of People with Special Needs (Justice Center), OCFS and if applicable, local law enforcement officials in their investigation thereof.

(iii) Safety procedures. Upon notification that a report of abuse or neglect has been made to the Vulnerable Persons' Central Register and/or local law enforcement officials with respect to a youth receiving services in the specialized secure detention facility, the facility director or his or her designee shall evaluate the situation and immediately take appropriate action to protect the health and safety of the youth involved in the report and of any other youth receiving services and similarly situated in the facility. Additional action shall be taken, whenever necessary, to prevent future incidents of abuse or neglect. Any action taken should cause as little disruption as possible to the daily routines of the youth at the specialized secure detention facility.

The following alternatives shall be considered in determining the course of action that will be taken with regard to a specific incident of alleged abuse or neglect:

(a) Removal or transfer of the subject of the report, consistent with appropriate collective bargaining agreement(s) and applicable provisions of the Civil Service Law

(b) Initiation of disciplinary action against the subject of the report, consistent with appropriate collective bargaining agreement(s) and provisions of the Civil Service Law

(c) Increasing the degree of supervision of the subject of the report

(d) Provision of counseling to the subject of the report

(e) Provision of increased training to staff and volunteers pertinent to the prevention and remediation of abuse and maltreatment

(f) Removal or transfer of the youth consistent with applicable placement procedures if it is determined that there is a risk to such youth in remaining in that facility. OCFS shall be notified of any such removal or transfer.

(g) Provision of counseling to the youth involved in the report and any other youth receiving services, as appropriate

(iv) Corrective action plans. Upon receipt from the Justice Center or OCFS of a substantiated report of abuse or neglect or an unsubstantiated report of abuse or neglect where the Justice Center or OCFS has determined that there has been a violation of the statutory, regulatory or other requirements related to the care and treatment of youth, the director of the facility, with consideration of any appropriate recommendations received from the Justice Center or OCFS for preventative and remedial action, including legal action, shall:

(a) within ten (10) calendar days of receipt of a substantiated report of abuse or neglect, develop and implement a written plan of action to be taken with respect to an individual employee or volunteer to protect the continued health and safety of the youth receiving services and to provide for the prevention of future acts of abuse or neglect. The plan shall include, at a minimum, those actions taken pursuant to subparagraph (iii) of this paragraph and describe the actions taken to address the investigation's findings. The plan shall be submitted to and approved by OCFS; and

(b) in the event an investigation of such a report indicates that such abuse or neglect may be attributed in whole or in part to noncompliance by the specialized secure detention facility with provisions of article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-G of the Executive Law, or the regulations of OCFS, develop and implement a plan of prevention and remediation which, at a minimum, shall address each area of noncompliance and indicate how the facility will come into compliance with article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-G of the Executive Law, and the applicable regulations. Such plan will also describe the actions taken to address OCFS' findings. Such plan shall be submitted to and approved by OCFS and, upon approval, implemented.

(f) Abuse, Neglect and Significant Incidents. A specialized secure detention facilityshall be subject to and must comply with the requirements of the Justice Center as set forth in 18 NYCRR Part 433 and any other applicable regulations including, but not limited to, 14 NYCRR Parts 701-704.

(g) Prison Rape Elimination Act of 2003.

A specialized secure detention facility must comply with the Prison Rape Elimination Act of 2003 juvenile standards.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.4

Adopted New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018