N.Y. Comp. Codes R. & Regs. tit. 18 § 450.5

Current through Register Vol. 46, No. 18, May 1, 2024

Section 450.5 - Buildings used for a limited secure facility

(a) All buildings used for purposes of the operation of a limited secure facility shall comply with all applicable requirements of Federal, State and local laws, ordinances, rules and regulations, including but not limited to the Americans with Disabilities Act and the Prison Rape Elimination Act.

(b) The facility shall have discrete living units within the facility for the youth residing in the facility.

(1) Each living unit shall house no more than 12 youth.

(2) Each living unit shall have for the use of youth at least:

(i) two sinks;

(ii) two toilets;

(iii) two showers; and

(iv) ready access to one washing machine and one dryer, unless the facility uses a central laundry system.

(3) Each facility shall have sufficient space to provide offices for assigned clinicians and staff providing direct services to youth either within the unit or in areas readily accessible to the unit; and

(4) The interior décor of living units shall be responsive to the age, cultural backgrounds and gender of the youth served. Facilities shall create a homelike appearance to the extent reasonably possible in order to encourage positive youth development.

(c) Bedrooms and bathrooms shall be designed, constructed and furnished to meet suicide prevention requirements, as follow:

(1) no horizontal surface may protrude from the wall of another surface more than one-quarter of an inch;

(2) air vents, grills and security screens or covers of windows or fixtures may not have openings three-sixteenths of an inch or wider;

(3) protrusions, gaps or holes that could serve as an anchor point for a loop, knot or ligature are prohibited;

(4) furniture, fixtures and other items that could be used as an anchor point for a loop, knot or ligature are prohibited;

(5) door knobs and hinges must be suicide resistant; and

(6) faucets, shower heads and water controls must be suicide resistant.

(d)

(1) Bedrooms shall be single occupancy unless the use of bedrooms or bedroom areas for more than one youth are approved by the office. Single occupancy bedrooms and any multiple occupancy bedrooms or bedroom areas approved by the office shall meet the following criteria:

(i) there must be at least 35 square feet of unencumbered floor space for each youth;

(ii) each youth must have a bed which is raised off the floor;

(iii) the room must have adequate storage space for the clothing and personal effects of each youth;

(iv) there must be a desk and a chair or stool for each youth conveniently located in an area to which youth have free access; and

(v) the room must have a window or opening that provides direct or indirect natural light.

(2) The office may approve the use of bedrooms or bedroom areas for more than one youth if the bedrooms or bedroom areas will be subject to direct supervision by sufficient awake child care staff at all times that youth are in bedrooms or bedroom areas to properly safeguard all youth in the bedroom or bedroom area and the office determines that the use of bedrooms or bedroom areas for more than one youth will not adversely affect the health, safety or welfare of the youth in the facility. As a condition of such approval, the office may require additional measures deemed necessary by the office to properly safeguard the safety or privacy of the youth assigned to such bedrooms or bedroom areas.

(e) Dayrooms shall be situated adjacent or in close proximity to living units and must meet the following criteria:

(1) There must be at least 35 square feet of unencumbered floor space per youth for the maximum number of youth permitted to use the dayroom at any one time, exclusive of bathrooms.

(2) The furnishings must be consistent with the safety needs of the youth permitted to use the dayroom.

(3) There must be sufficient seating space and writing surfaces to accommodate the needs of the youth and staff.

(4) The room must have a source of direct or indirect natural light.

(f) The building layout shall provide adequate space for the following:

(1) janitorial closets and areas to store cleaning supplies that are readily accessible to the living and activity areas and are properly secured at all times to prevent access by the youth;

(2) space for the storage and issuance of clothing, bedding, and other items necessary for the routine operation of the facility; and

(3) safe and secure storage of the personal property of youth where such property cannot be stored in the youth's bedroom.

(g) There must be access to indoor activity areas, which include the gymnasium, library, arts and crafts rooms, computer rooms, other multipurpose rooms used for youth activities and other indoor leisure areas outside the living units and dayrooms, which must have sufficient floor space per youth based on the purpose of the area and the maximum number of youth who could use the area at any one time.

(h) There must be access to indoor and outdoor recreation facilities and space sufficient to provide each youth with at least two hours of recreation daily, at least one hour of which must be large muscle activity.

(i) The facility must have food service capability, including a kitchen or kitchens even where food is customarily brought in from outside the facility, and a dining area or areas which meet the following criteria:

(1) there must be adequate space for safe and sanitary food preparation based on the number of youth and staff, type of food preparation, and method of meal service;

(2) there must be adequate space for group dining; and

(3) toilet and sink facilities must be available for youth and readily accessible from the dining area(s) and, for staff, readily accessible from the kitchen and dining areas.

(j) The facility must provide space for school classrooms in conformance with any applicable State and local requirements for classroom size if youth are to be educated at the facility. Such classrooms must be conducive to the learning process.

(k) The facility must have a library or other space with books for the use of the youth which reasonably meets their educational, developmental, cultural, spiritual and gender needs.

(l) There must be space for on-site health services, either in the facility or on the same campus where the facility is located, that meets the following criteria:

(1) there must be an examination room or rooms that include the facilities necessary to conduct medical examinations and that provide for appropriate privacy and confidentiality;

(2) there must be adequate space for any offices necessary for medical staff;

(3) there must be provision for safe and secure storage of medications and medical equipment; and

(4) there must be provision for the safe, secure and confidential storage of any medical records of youth maintained in hard copy or electronic format. The records must be maintained in the space used for health services or be conveniently accessible from that space.

(m) The facility must have space available that may be used for the following purposes:

(1) confidential contact between youth and their counsel, and between youth and representatives of the office's ombudsman's office;

(2) visitation between the youth and the youth's family, which must be comfortably furnished and permit easy communication between youth and their families; and

(3) screening and searching youth and visitors to the facility. There must also be space to securely store the property of visitors to the facility during their visits.

(n) The facility must have sufficient internet connectivity and computer availability to enable the facility to properly support its administrative, professional and managerial functions, and to properly support the educational and program service needs of youth.

(o) The facility must have telephone services sufficient to permit the youth reasonable daily access to incoming calls and reasonable means to make outgoing calls. The facility will make available as necessary telecommunications devices for the deaf to those youth in need of such assistance for making or receiving telephone calls.

(p) The facility must have a back-up generator with sufficient capacity to maintain routine operations during a power outage, located in a safe and appropriate place and accessible when needed. The facility must have an emergency fuel supply readily available sufficient to maintain the operation of the back-up generator for at least three days.

(q) All interior and exterior doors in the facility must have working mechanical and/or electronic locks that will provide a level of security appropriate to the facility. All interior and exterior doors must have a window, view panel or other means of viewing the space on each side of the door except for bathroom, exam room, closet and utility room doors.

(r) The facility must have a reasonable plan for providing adequate and appropriate food and shelter to the residents in the event of an emergency.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 450.5

Adopted New York State Register November 4, 2015/Volume XXXVII, Issue 44, eff.11/4/2015