N.Y. Comp. Codes R. & Regs. tit. 9 § 7435.4

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

Section 7435.4 - Assessment and processing of visit requests

(a) OCFS shall implement a procedure for the expeditious review, assessment and approval of requests made by the resident, or other person, that the resident be permitted to visit the deathbed of, or make a funeral visit to, a designated family member.

(b) Deathbed visits may only take place at recognized health care facilities. Deathbed or funeral visits shall not be permitted in private homes.

(c) Prior to approving any such request, the facility director, or person acting in that capacity, shall verify:

(1) that the person to be visited is one of the persons specified in section 7435.3 of this Part;

(2) that the claim of imminent death is legitimate; and

(3) that the resident wishes to have such a visit, if the request was made by someone other than the resident.

(d) The facility director, or person acting in that capacity, shall assess the potential security risks associated with the visit by considering the following factors:

(1) the offense for which the resident was committed to OCFS and circumstances surrounding such offense;

(2) the criminal history, escape history or attempted escape history of the resident;

(3) whether the resident's presence at the visit may constitute a threat to the resident or any other person present because of:

(i) the involvement of a member of the resident's family in the offense committed by the resident; or

(ii) other persons who may be present at the deathbed visit or funeral;

(4) the mental stability of the resident, including the resident's mental health history and the potential effect of the visit on the resident;

(5) the medical condition of the resident;

(6) the method of transport or escort required; and

(7) any other relevant circumstances specific to the resident or situation.

(e) After considering all of the factors specified in this section, the Deputy Commissioner of Rehabilitative Services, or designee, shall approve or deny the visit. Such determination shall be made as soon as possible given the circumstances surrounding the deathbed or funeral visit.

(f) After such determination has been made, the resident and any person requesting the visit shall be informed of the decision.

(g) If the visit is denied, the resident shall be immediately informed of the denial and given the opportunity to discuss the response with the facility director or designee. Any such denial shall, as soon as practical, be documented and the resident shall be informed in writing.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7435.4

Renumbered from subtitle AA of chapter III New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018