9 CRR-NY 180-1.9NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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
9 CRR-NY 180-1.9
9 CRR-NY 180-1.9
180-1.9 Program requirements—secure and nonsecure institutional detention facilities.
(a) Education program.
The purpose of educational programming in an institutional detention facility is to provide success-oriented, short-term educational activity.
(1) Children under care shall receive suitable educational instruction in accordance with the New York State Education Law for such short-term programs.
(2) A minimum of three hours of educational activity instruction each weekday shall be provided each child.
(3) Educational instruction shall be provided by a teacher qualified by, or eligible for certification by, the New York State Education Department, as provided in 8 NYCRR 80.32.
(b) Medical program.
The purpose of the health program of an institutional detention facility should be the provision of adequate and appropriate health services to assure that both public and individual health care needs of the children are met. The health care rendered should be of good quality, efficient, accessible and continuous. Provisions should be made for basic primary health care which would also include, but not be restricted to, dental, obstetrical, gynecological, mental health, and public and preventive health services. The extent that these services can be reasonably delivered will depend on the health needs of the youngsters, the length of stay at the facility and the health resources of both the detention facility and the surrounding community. The highest priorities in providing health services for youngsters in detention are the identification and treatment of emergency and/or serious acute health conditions, and the responsible interim management and treatment of chronic serious health conditions.
(1) Administration. As a minimum, detention facilities should have a health program which includes, but is not restricted to, the following:
(i) A specific administrative structure with designated director or administrative head with open access and reporting responsibilities to the chief administrator of the facility.
(ii) There should be the identification and documentation of all licensed physicians and medical personnel who supervise health personnel, directly render service, devise and review medical procedures.
(2)
(i) Procedures. A set of written procedures disseminated to and understood by all relevant detention staff, established to assure that basic health services are met. These procedures should include but not be limited to the health assessments.
(ii) Health assessments. All youngsters upon entering detention shall have a prompt health assessment conducted by a licensed physician or a health professional, trained specifically to perform health assessments under the supervision of a physician. This health assessment should be conducted within at least 72 hours after the youngster is admitted to the facility on routine cases. In circumstances where there exist conditions, indications or circumstances, either reported by the youngster, the youngster's family those, transporting and/or referring youngsters or other members of the detention facility, that indicate a physician's assessment is required sooner than 72 hours, the facility should make provisions to perform an immediate health assessment on an emergency basis. The health assessment should include the following:
(a) The health history—including but not restricted to pertinent data, family and social history, history of hospitalizations and/or past medical illness, review of body systems, current medical illness or complaints, any allergies or drug reactions and current use of prescribed medications, history of alcohol or substance abuse.
(b) Physical examination—should include measurement of height, weight, body temperature, blood pressure, pulse, respiration rate; and include the physical inspection of those parts of the body pertinent for the assessment of the status of growth and development, psychoneurologic, cardio-respiratory, gastro—intestinal, genitourinary, integement, musculosketal, metabolic, endocrine, and immunohematologic systems.
(c) Laboratory testing (where appropriate)—should include and not be restricted to hemoglobin and hematocrit, urinalysis, tuberculosis skin test, serology test for syphilis, Pap test and culture for gonorrhea for sexually active persons; other laboratory testing as appropriate or medically indicated to assure the proper diagnosis and/or treatment of any serious individual or public health disorder.
(3) Service plans for all identified health problems.
The records should reflect service plans for all identified health problems. For those health problems in which the physician has deemed it appropriate to defer further diagnostic inquiry and/or treatment, the records should reflect this deferment as part of the treatment plan. Appropriate immunization services should be provided.
(4) Health policies and admission into the detention facility.
(i) The life or the health of a child should not be jeopardized by admitting into detention any child with serious health problems that exceed the capacity for the detention facility to provide necessary health services. Unconscious or frankly suicidal children should not be admitted or maintained at a detention facility. Children in these categories should receive at the detention site those emergency health services that should assure the safe and immediate transportation to the appropriate local health facility.
(ii) Children with obvious signs of injury, altered state of consciousness, inexplicable bizarre behavior, obviously intoxicated states or other indications of serious health problems should be immediately assessed by the detention physician or health personnel as to the extent of the problem. A clinical decision should be made as to whether there exists a serious health problem that exceeds the capacity of the detention facility to provide the necessary health services. In the event that a physician or other health personnel are not onsite, the highest administrative detention official at a detention center must act immediately to secure such a decision by telephone consultation with the detention health personnel or other health care professionals. In the event that a clinical decision is made that there is any likelihood that the necessary health care cannot be rendered at the detention site, then immediate steps should be taken to transport such youngsters to the appropriate health facility.
(5) Prescription medications.
(i) The detention facility should have the facilities, equipment, records and personnel to assure the provisions for the prescription, storage, dispensation, administration of prescribed medication and/or controlled medication in compliance with Federal, State and local laws.
(ii) The services of a licensed pharmacist should be enlisted to oversee and supervise the storage and dispensation of prescribed medication. The administration of prescribed medication can only be performed by a physician or licensed, registered, professional or practical nurse.
(6) Health professional staffing.
Health professional staffing is largely indicated by the health needs of the institution, and may vary from institution to institution. However, staffing should include no less than the following:
(i) Physician. A primary care physician should be readily available on a 24-hour basis for telephone consultation. Physician should make onsite visits as required to assure appropriate medical service, but shall visit at least twice a week. The length of stay for the visits and the timing of the stay should be designated by the health needs of the children and the health program needs of the facility. The physician shall be responsible for the referral to appropriate and required medical specialty services for youngsters with health problems falling into the scope of the responsibility of the detention facility.
(ii) Physchiatric consultative services. The services of a licensed MD Board Certified or Board Eligible in Psychiatry should be available on an on-call basis for the examination and treatment of minor and/or acute mental disorders which can be appropriately handled in a detention facility. The psychiatrist should take major responsibilities in referring, when a youngster is brought into a detention facility requiring the services of mental hygiene.
(iii) Nursing service. The coverage of the nursing staff should also be determined by the individual health needs of the youngster and program health needs of the facility. Facilities for 13 or more children shall have on staff a full-time nurse for every 25 children. All facilities should have the capabilities to provide 24-hour nursing coverage on an on-call basis. Facilities with a capacity exceeding 60 require 24-hour nursing coverage. Such 24-hour coverage may be provided through child care staff who are qualified nurses.
(7) Formal arrangements for obtaining services of backup general and mental hospital and other essential specialty health services. The administration of detention facilities should develop, when at all possible, formal arrangements, through contracts or letters of understanding, that would assure that local hospitals and other community health care providers deliver needed health services for the detained youngsters.
(8) Provisions for the transfer of health information.
The detention health services shall be responsible for the efficient communication of health information to those health providers responsible for the health care of the child after detention. The consent of the child, parent and/or guardian should be obtained for the transfer of this information.
(c) Child care and treatment.
(1) There shall be only one child per bedroom.
(2) Children shall be humanely treated and provided with whatever is necessary for their safety, comfort and well-being.
(3) Staff supervision, awake and on duty, shall be provided at all times.
(4) Each facility shall provide for the proper isolation of children with communicable or infectious disease.
(5) Children in care shall not be permitted overnight home visits except for emergencies.
(6) Personal care.
Each facility shall provide the program, facilities and training necessary for the children's daily needs and development of sound habits and practices in regard to personal hygiene and general appearance.
(7) Clothing.
Each institution shall assure that each child has appropriate clothing, individually selected and properly fitted. Clothing shall be adequate in amount, attractive and of good quality, and properly maintained for comfort and health.
(8) Recreation and leisure time.
Each facility shall provide for leisure time activities and planned recreation for the children to include active and quiet games, both indoors and outdoors, appropriate to the children's needs.
(9) Work for children.
No child shall be used as a substitute for staff. Work performed by children shall be only that which clearly has a constructive value for their training.
(10) Discipline of children.
(i) abuse of children in any form is prohibited;
(ii) deprivation of meals, mail and family visits as methods of punishment of children is prohibited;
(iii) solitary confinement is prohibited;
(iv) punishment, control and discipline of children shall be an adult responsibility and shall not be prescribed or administered by children; and
(v) institutions shall maintain their discipline policies in writing.
(11) Room confinement.
(i) Room confinement shall only be authorized for secure detention facilities and shall mean confinement of a child in a room, including the child's own room, when locked or when the child is authoritatively told not to leave.
(ii) Room confinement of children shall not be used for punishement. It shall be authorized only in cases where a child constitutes a serious and evident danger to himself/herself or others.
(iii) Room confinement may be authorized, in writing, by the head of the institution or designee, and shall include a statement of the reasons and grounds for the confinement.
(iv) The place of confinement shall be furnished with the items necessary for the health and comfort of the occupant, including but not limited to a bed, chair, desk or chest, mattress, pillow, sheet and blanket. If the presence of any of these items would be detrimental to the safety of the occupant or others, they may be removed during the period of confinement upon authorization of the head of the institution or designee.
(v) The designated place of confinement shall be lighted, heated and ventilated in parity with the other comparable living areas in the institution.
(vi) Auditory and/or visual adult supervision of the child shall be maintained throughout the period of room confinement.
(vii) Each child in confinement shall be visited at least once within each 24 hours by administrative or social work staff, and shall be examined at least once within 24 hours by a registered nurse, licensed practical nurse or duly licensed physician.
(viii) A review of the necessity for continued confinement of each child shall be made at least one time in each 24-hour period, by the head of the institution or designee, to effectuate the return of the child to the regular program as soon as the child is no longer a danger to himself/herself or others.
(ix) Each secure detention facility shall submit reports to the division, on such forms as required by the division, on a monthly basis. Such reports shall include:
(a) the number of children who have been placed in confinement; and
(b) the name of each child placed in confinement, with a report of the length of confinement, the official authorizing the confinement, and the names of administrative or social work staff and medical staff visiting each such child, and the times and dates of such visits.
(12) Protection of religious faith.
The religious faith of each child shall be preserved and protected.
(13) Treatment services.
(i) Casework service shall be made available to all children under the care of the facility as soon after admission as practicable, and personnel providing casework service shall visit each child daily at least during the first week of each child's placement. Casework service shall be provided by personnel with qualifications described in this Part.
(ii) Psychiatric and psychological services, including tests and examination, shall be made available for children under care.
(14) There shall be a recreation supervisor, responsible for coordinating recreational activities, in each facility.
(15) Minimum staff ratios shall be as follows:
(i) one child care worker per eight children per shift; and
(ii) one social worker per 15 children.
(16) Minimum staff shall be determined by the division, in consultation with the administering agency, to insure an adequate program standard. Maximum staffing shall be determined by the division, in consultation with the administering agency, for reimbursement purposes. All staffing patterns shall be determined annually, based on the annual detention plan as submitted to the division for approval.
(17) Nutrition and food services.
(i) Food served shall be of good quality and of sufficient quantity.
(ii) Children's diet shall meet the nutritional standards recommended by the National Research Council.
(iii) All milk and milk products shall be pasteurized.
(iv) Food preparation and services.
(a) Food shall be prepared and served under the direct supervision of, or in scheduled consultation with a qualified dietition or dietary consultant.
(b) Menus, as served, shall be retained on file for one year after date of use.
(18) Sleeping accommodations.
(i) Single rooms. Single sleeping rooms for children shall contain not less than 70 square feet of floor area and shall have a minimum horizontal dimension of seven feet. Walls shall be at least seven feet in height.
(ii) Children's sleeping accommodations shall not be permitted in spaces where the floor is located below ground level or where natural light and ventilation is lacking.
(iii) Each agency shall provide each child with a bed suitably equipped, and clothing storage space for his own private use, conveniently located.
(iv) Sheets and pillowcases shall be changed once a week and more often when necessary. Children's beds shall be equipped with waterproof materials when necessary.
(19) Bathing and toilet facilities.
(i) Number of bathrooms, toilets and lavatories for multiple use. Bathrooms, toilets and lavatories shall be convenient to children's sleeping quarters which are not individually equipped with these facilities. There shall be a minimum of one toilet (water closet) to serve every six children, and one tub or shower to serve every eight children. All toilets and urinals, and all girls' showers, shall be separated by screening or partitions for at least minimal privacy.
(ii) Number of bathrooms, toilets and lavatories for single use. Bedrooms equipped with toilets and lavatories shall have appropriately located floor drains and shall have shutoff valves, exterior to the rooms and conveniently accessible, for supply and drainage pipelines. Bedrooms so equipped may be used for medical isolation, for children needing separation from the group or for general purposes.
(iii) Toilet facilities and sanitary drinking fountains shall be provided convenient to all indoor and outdoor program areas.
(iv) Children's toilet articles. Each child shall be provided with his own toothbrush, comb, towel and washcloth. Each child's towel and washcloth shall be kept in a separate space and shall be changed at least twice a week and more often when necessary.
(v) Staff facilities. Bathrooms, toilets and coat closets for staff shall be separate from those of the children and shall be appropriately located.
(20) Recreation facilities.
(i) Indoor recreation and living facilities. The detention facility shall provide resources for a balanced program of indoor recreation and for lounge facilities to accommodate its full capacity of children at any given time. Such resources shall permit a range of activities from vigorous, organized games through quiet informal play and shall include appropriate equipment, furnishings, storage, toilets and similar service features.
(ii) Outdoor recreation. The detention facility shall provide resources for a balanced program of outdoor recreation to adequately accommodate its full capacity of children at any given time. Outdoor play areas shall provide a minimum of one acre of securely fenced, properly drained, play space for 20-bed and smaller detention facilities and proportionally larger areas for higher capacity facilities to meet the requirements of this section. Such facilities shall permit a range of activities from vigorous organized games through informal play and shall include supportive equipment, pavings, shaded areas, storage, lighting, access to toilets and similar service features.
(21) School facilities.
(i) Academic and industrial arts or homemaking classrooms shall be provided to permit formal instruction for the full capacity of children. Classrooms shall provide a minimum of 40 square feet per pupil in new construction. Classroom equipment shall be sturdy and in keeping with the requirements of the local school authorities.
(ii) The maximum group size for school classes shall be one teacher per 12 students.
(22) Health facilities.
(i) Rooms for medical examinations. A room or rooms shall be provided for medical examinations, nurse's office, first aid and other treatment. The room or rooms shall be adequately furnished and equipped to fulfill these functions, and shall be used for no other purposes.
(ii) Rooms for care of children with minor illnesses. Children with minor illnesses, not requiring hospital care, shall be cared for in a room or rooms not occupied by children who are not ill.
(iii) Isolation facilities. Facilities for the isolation of children with communicable disease are required and shall be equipped for the efficient care of such children. Such facilities shall be maintained in a manner to prevent the spread of disease. Separate toilet facilities shall be utilized by children with communicable disease.
(iv) First aid supplies, as recommended by the staff physician, shall be readily available for use.
(v) All drugs, medicines and instruments shall be kept in a suitable locked cabinet and accessible only to the physician or nurse in charge.
(d) Physical plant requirements.
(1) Office and reception facilities.
Each 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 or conferences. Space and equipment shall be provided for the safekeeping and privacy of essential records and the temporary storage of the children's personal belongings;
(ii) reception space for the orderly intake and release of children and for visiting with the children.
(2) Dining rooms.
Dining rooms in all facilities shall be adequate to serve the children under care. A minimum of 15 square feet of floor space per person, to accommodate the planned seating capacity, shall be provided.
(3) Kitchens.
(i) Equipment. All kitchens shall be well-lighted, properly ventilated, provided with essential and proper equipment for the preparation and serving of food, storage, refrigeration and freezer facilities, for the number of persons to be served.
(ii) Defective utensils. Dishes, glassware and other utensils with chips, cracks or other defects shall be discarded.
(iii) Protection from rodents and insects. Food and dishes shall be protected from rodents and insects.
(iv) Cleanliness. All kitchen equipment and surroundings shall be kept clean.
(v) Food handlers. Employees engaged in the handling and preparation of food shall meet all State and local health requirements and shall wear proper and clean apparel and give special attention to personal cleanliness.
(vi) Compliance with health and safety regulations. Each institution shall comply with the regulations relating to kitchen operations for fire protection, safety, sanitation and health, as set forth by the State, and county and local health and fire departments.
(4) Food storage.
(i) Storerooms and pantries. Storerooms and pantries shall be dry, well-lighted and ventilated. All proper measures shall be taken to keep them free from vermin and rodents.
(ii) Cleaning supplies shall be kept separate from food supplies.
(iii) Refrigeration of perishable foods. In the refrigeration of all perishable foods, the temperature shall be at or below 45°F.
(iv) Freezers. Freezers and frozen food compartments shall be maintained at minus 10° to 0°F.
(v) Thermometers. Accurate thermometers shall be attached to all refrigerated areas in the warmest zones.
(5) Sanitation.
(i) Compliance with State and local requirements. Each institution shall comply with the requirements of State and local departments of health.
(ii) Water supply and sewage facilities. Adequate and safe water supply and sewage facilities shall be provided and shall comply with State and local laws.
(iii) Washing of food containers and utensils. Dishes, glassware, eating and cooking utensils, and food containers (including those used in transporting food) shall be properly washed, rinsed, disinfected and dried in a sanitary manner to conform to the following standards:
(a) scraping to remove food particles;
(b) prerinsing and proper stacking;
(c) mechanical dishwashing:
(1) washing in clear water, maintained at 140° to 160°F, containing recommended amount of effective detergent or washing compound;
(2) rinsing in water maintained at 180°F;
(3) drying by air;
(d) hand dishwashing:
(1) washing in clear water, maintained at 100°F to 120°F, containing recommended amount of effective detergent or washing compound;
(2) rinsing in clear, hot water;
(3) sanitizing by use of a sanitizing agent recommended by the Department of Health or immersing in water at temperature of 170° to 180°F;
(4) drying by air.
(6) Compliance with regulations; washing of hands by food handlers.
The food preparation and service area shall conform to State and local regulations. Soap and single-service towels shall be provided as part of the handwashing facilities. Handwashing signs shall be posted in each toilet facility used by employees.
(7) Screens.
Insect screens shall be used where food is stored, prepared or served, and wherever else necessary.
(8) Cleaning of equipment.
Adequate provision shall be made for the effective cleaning of all equipment and surroundings.
(9) Trash and garbage.
All trash and garbage shall be kept in suitable covered containers, stored away from the food preparation areas, and shall be removed from premises at regular intervals.
(10) Storage rooms and closets.
Housekeeping service closets shall be provided within, or convenient to, each children's living unit, program areas and food service spaces.
(11) Screening and fencing.
(i) Proper screening and fencing shall be provided throughout the building where and when needed. Such screening and fencing shall effectively and humanely detain the children within the program and living areas, shall provide privacy as needed and shall discourage unauthorized or objectionable communications with the outside community.
(ii) Screening and pesticides shall be used to control insects and other vermin to maintain a safe and sanitary environment for staff and children.
(12) Communications.
(i) Telephones. Each separate living unit shall have 24-hour telephone service, or an intercom system connected with an outside telephone service.
(ii) There shall be an electrical signal system between the child care workers' station and rooms in children's sleeping areas which would permit a child to call for assistance from within a locked room.
(iii) There shall be an intercommunications or emergency signal system readily available and operable to permit staff members to summon aid immediately to supervisory areas, teaching stations, interview rooms and similar spaces wherever supervisory assistance may not be readily available.
9 CRR-NY 180-1.9
Current through September 15, 2021
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