PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Amendment of section 180.7(c)(1) of Title 9 NYCRR.

Designation of two county officials to be emergency contacts when a youth is remanded to an out-of-county detention facility.

To allow each county to designate one public official as the emergency contact for detention instead of two officials.

Paragraph (1) of subdivision (c) of section 180.7 of 9 NYCRR is amended to read:

(1) When placement is from a county other than the operating county, [the names of two public officials] contact information for a public official authorized to make emergency decisions regarding the youth, and the telephone numbers where [each] such official may be reached on a 24-hour basis, shall be provided at the time of admission.

Public Information Office, Office of Children and Family Services, 52 Washington Street, Rensselaer, NY 12210, (518) 473-7793

Same as above.

45 days after publication of this notice.

1. Statutory authority:

Executive Law (ExL) § 502(3) defines detention as the temporary care and maintenance of a youth held away from his or her home as an alleged or adjudicated juvenile delinquent, juvenile offender or person in need of supervision pending certain court actions, administrative hearings or change in custody.

ExL § 503(1) requires the Office of Children and Family Services (OCFS) to establish regulations for the operation of secure and non-secure detention facilities in accordance with Article 19-G of the Executive Law and County Law § 218-a.

ExL § 503 also requires OCFS to oversee detention facilities, including visiting and inspecting detention facilities and reporting to the appropriate local authorities on the operation and adequacy of such facilities. A detention facility may not receive or care for detained children unless the facility is certified by OCFS. OCFS may suspend or revoke a facility's certification for good cause shown.

County Law § 218-a requires each county to have adequate and conveniently accessible secure and non-secure detention accommodations available when required. A county may meet this requirement by arranging for access to detention accommodations located in another county. Provision of detention is a local responsibility that is monitored and regulated by the state.

2. Legislative objectives:

OCFS is charged with providing uniform standards and procedures for the establishment and operation of secure and non-secure juvenile detention facilities. (see 9 NYCRR § 180.1) Intake and admission procedures for juvenile detention are addressed in 9 NYCRR § 180.7. Section 180.7(c)(1) currently requires a county to designate two public officials to be on-call 24 hours a day to make emergency decisions regarding the youth, when the county places a youth in a detention facility located in another county.

3. Needs and benefits:

This proposed amendment to § 180.7(c)(1) requires a county to designate only one public official, instead of two, as the on-call 24 hour contact when the county places a youth in an out- of-county detention facility. The current regulatory requirement for two on-call designees predates the use of cell phones and other electronic devices that make it easier to reach a contact person in case of an emergency or unexpected contingency. The proposed change will be an administrative convenience for counties that use detention facilities located in another county. If a county compensates its staff for on-call coverage, the amendment also may result in cost savings to that county.

4. Costs:

None. The proposed amendment to require only one on-call contact instead of two may result in savings.

5. Local government mandates:

The proposed amendment reduces local mandates.

6. Paperwork:

The proposed amendment requires no additional paperwork.

7. Duplication:

None. There is no other relevant rule or legal requirement on this topic.

8. Alternatives:

OCFS did not consider any significant alternatives, such as eliminating the on-call requirement, to be feasible.

9. Federal standards:

There is no relevant federal standard on this topic.

10. Compliance schedule:

OCFS estimates that counties will be able to comply immediately.

1. Effect of rule:

9 NYCRR § 180.7(c)(1) currently requires a county to designate two public officials to be on-call 24 hours a day to make emergency decisions regarding the youth, when the county places a youth in a detention facility located in another county. The proposed amendment to § 180.7 requires the designation of only one public official as the on-call contact, instead of two. The proposed change will be an administrative convenience for counties that use detention facilities located in another county. If a county compensates its staff for on-call coverage, the amendment also may result in cost savings to the county.

The majority of detention facilities are operated by not-for-profit authorized agencies which also may be small businesses. OCFS does not anticipate that regulatory change will negatively affect these small businesses. The current regulation pre-dates the common use of cell phones and other electronic devices that make it easier to reach a person who is on-call. Even with only one emergency contact person, the detention facility should be able to readily reach a public official from the youth's home county when necessary.

2. Compliance requirements:

Counties will be required to designate only one public official, instead of two, as the on-call 24 hour contact when the county places a youth in a detention facility located in another county.

3. Professional services:

No professional services are needed to implement the proposed amendment.

4. Compliance costs:

None. Where a county pays compensation for on-call coverage, the amendment may result in cost savings to that county.

5. Economic and technological feasibility:

The proposed amendment is economically and technologically feasible.

6. Minimizing adverse impact:

No adverse impact on either local governments or small businesses is anticipated from this proposed amendment.

7. Small business and local government participation:

This proposed amendment to 9 NYCRR § 180.7(c)(1) was submitted as a mandate relief measure under Executive Order No. 17 and shared with OCFS stakeholders, including local governments and small businesses. OCFS received no negative comments from stakeholders regarding this measure.

1. Types and estimated numbers of rural areas:

9 NYCRR § 180.7(c)(1) currently requires a county to designate two public officials to be on-call 24 hours a day to make emergency decisions regarding the youth, when the county places a youth in a detention facility located in another county. The proposed amendment to § 180.7 requires the designation of only one public official as the on-call contact, instead of two.

Under County Law § 218-a, each county is required to have adequate and conveniently accessible secure and non-secure detention accommodations available when needed. A county may meet this requirement by arranging for access to detention accommodations located in another county. However, some small rural counties use little or no detention.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

The proposed amendment imposes no new reporting, recordkeeping or other compliance requirements. No professional services are needed to implement the proposed amendment.

3. Costs:

None. Where a county compensates staff for providing on-call coverage, the amendment may result in cost savings to that county.

4. Minimizing adverse impact:

No adverse impact on rural areas is anticipated from this proposed amendment.

5. Rural area participation:

This proposed amendment to 9 NYCRR § 180.7(c)(1) was submitted as a mandate relief measure under Executive Order No. 17 and shared with OCFS stakeholders, including stakeholders in rural areas. OCFS received no negative comments from stakeholders regarding this measure.

A full job impact statement has not been prepared for the proposed amendment to 9 NYCRR 180.7(c)(1) which requires the designation of only one public official, instead of two, as the on-call 24 hour contact when the county places a youth in a detention facility located in another county. Reducing the number of staff providing on-call coverage when a youth is detained outside the county will not result in the loss of any jobs.