N.Y. Comp. Codes R. & Regs. tit. 9 § 7313.5

Current through Register Vol. 46, No. 51, December 18, 2024

Section 7313.5 - Assignment to a facility living unit

(a) After the initial screening and assessment are completed, and pending determination of a youth's living unit assignment, the youth shall be placed in an individual occupancy room designated for such purpose. Placement in such unit shall be temporary pending the determination of an appropriate living unit, which shall be completed within five (5) business days of the youth's admission to the facility.

(b) In arriving at a determination of a youth's living unit assignment, the director, or designee, shall base such determination on the following information, if such information is available and accessible:

(1) delinquency/criminal history;

(2) propensity for victimization or violence;

(3) medical/mental health history;

(4) history of sex offenses;

(5) history of hostile relationships or incidents with other youth;

(6) prior attempts at self-injury or suicide;

(7) prior escapes or attempted escapes;

(8) attitude and behavior during present and prior commitments, including any history of assaultive behavior during such commitments;

(9) gender identity or expression;

(10) sexual orientation; and

(11) any other information which may affect the safety and security of the youth or staff.

(c) A facility shall utilize a formal and objective system for assessment in order to fulfill the requirements of subdivisions (a) and (b) of this section and section 7313.6 of this Part.

(d) In considering the information contained in subdivision (b) of this section, the director, or designee, shall examine and verify the following:

(1) records made available from the court or the delivering jurisdiction;

(2) information obtained during a youth's initial screening and assessment;

(3) records, to the extent relevant, known, accessible and available to the director, or designee, which were prepared or maintained by any detention facility in the state;

(4) information obtained from mental health treatment providers in accordance with the Mental Hygiene Law;

(5) information contained in the youth's medical and psychiatric records, if disclosed by the facility medical director and/or mental health supervisory staff, pursuant to section 7313.7 of this Part; and

(6) any other relevant information concerning a youth's condition brought to the attention of the director, or designee, by any person.

(e) Within one (1) business day of determining the living unit assignment, staff shall notify the youth of the determination and explain its implications, if any.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7313.5

Adopted New York State Register September 26, 2018/Volume XL, Issue 39, eff. 9/26/2018