N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-1.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 171-1.4 - Religion

(a) Policy.

(1) Residents have an unrestricted right to hold any religious belief.

(2) Consistent with regulations applicable to the division, residents are entitled to exercise their customary religious beliefs in any manner that does not constitute a threat to the safety, security or good order of a facility or the health of any individual.

(3) No person shall be permitted to proselytize or to seek to convert any resident, nor shall any resident be compelled to exercise or dissuaded from exercising any religious belief.

(4) Equal status and protection shall be afforded all residents in the exercise of religious beliefs, except when such exercise would result in facility expenditures which are unreasonable or disproportionate to those extended to other residents for similar purposes.

(b) Congregate religious activities.

(1) Consistent with the requirements of paragraph (a)(2) of this section, all residents shall be permitted to congregate for the purpose of religious worship and other religious activities.

(2) Each facility shall provide all residents access to an appropriate area for congregate religious worship and other religious activities. This area shall be made available to residents in accordance with the tenets of religion, at times not unduly disruptive of facility routine.

(c) Religious advisors.

(1) As used in this Part, the term religious advisor shall mean a person other than a resident whose ecclesiastical credentials have been verified by the facility director.

(2) Religious advisors shall be permitted to conduct congregate religious activities at least once per week at a time approved by the facility director.

(3) Consistent with the requirements of paragraph (a)(2) of this section, residents shall be permitted confidential consultation with religious advisors at times not unduly disruptive of facility routine.

(d) Celebration of religious holidays or festivals. Consistent with the requirements of paragraph (a)(2) of this section, residents shall be permitted to celebrate religious holidays or festivals on an individual or congregate basis.

(e) Supervision of residents exercising religious beliefs. Each facility shall maintain supervision of youth during the exercise of religious beliefs.

(f) Religious dietary laws. Residents are entitled to observe religious dietary laws established by their religion. Each facility shall, to the extent reasonably practicable, provide residents with food items sufficient to meet such religious dietary laws. Where substitutions to food items are made due to religious dietary laws, the facility director shall meet the nutritional needs of the youth.

(g) Change of religion. A resident who is under the age of 18 years shall be permitted to change his or her religious affiliation only upon consent of the resident's parent or legal guardian, and pursuant to written application made to the appropriate religious authority. Residents who are 18 years of age or older shall not be required to obtain parental consent to change religion, unless such consent is deemed necessary by the appropriate religious authority receiving the resident's written application. The division shall consider alternative means of addressing cases where parental consent is needed and a parent or legal guardian is unavailable.

(h) Religious articles and attire. Subject to paragraph (a)(2) of this section, residents may wear religious articles or religious attire.

(i) Recognition of a religious group or organization.

(1) Resident requests to exercise the beliefs of religious groups or organizations not generally well known shall be made to the facility director.

(2) In determining requests made pursuant to paragraph (1) of this subdivision, the facility director shall consider the following factors among others as indicating a religious foundation for the belief:

(i) whether there is substantial literature supporting the belief as related to religious principle;

(ii) whether there is formal, organized worship by a recognizable and cohesive group sharing the belief;

(iii) whether there is an ecclesiastical body responsible for maintenance and dissemination of doctrine, instruction of representatives or organization of congregations;

(iv) whether there is an informal association of persons who share common ethical, moral or intellectual views supporting the belief; and

(v) whether the belief is deeply and sincerely held by the resident.

(3) In determining requests made pursuant to paragraph (1) of this subdivision, residents shall be permitted to present evidence to the facility director indicating a religious foundation for the belief.

(4) The procedures outlined in subdivision (k) of this section shall apply when the facility director denies a resident request made pursuant to paragraph (1) of this subdivision.

(j) Limitations on the exercise of religious beliefs. Any determination made by the facility director to limit the exercise of the religious beliefs of any resident shall be made in writing and shall state the specific facts and reasons underlying such determination. A copy of this determination shall be given to the resident and appropriate staff.

(k) Appeal of facility director's decision. A resident may appeal a facility director's decision relating to any issue involving religious practice to the director of the Division for Youth or the director's designee.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-1.4