N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-4.4

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

Section 171-4.4 - Incoming calls

(a) Permitted calls. Residents are permitted to receive calls, during reasonable timeframes and in the manner designated by the facility director in accord with the following limitations:

(1) residents may only receive calls from immediate family, a legal guardian, foster parent or person who has demonstrated a parental or sibling relationship with the resident, the resident's legal representative, custodian/guardian of a child of the resident, an authorized telephone contact, and the ombudsman office;

(2) specific timeframes shall be developed for residents to receive incoming calls. These timeframes shall be scheduled so as not to conflict with facility programming. A minimum of two and a maximum of three hours per day will be allotted for this purpose;

(3) all incoming calls will be taken, verified and logged by staff before transferring the call to the resident;

(4) all incoming calls shall be limited to a maximum of 10 minutes except that supervising staff may permit longer calls when the resident is talking to his/her legal representative or ombudsman office; and

(5) a resident shall be permitted to receive one call per day, subject to the capacity of the facility's telephonic equipment, in addition to calls from a legal representative and/or ombudsman office.

(b) Prohibited calls. Residents are not permitted to receive calls from the following:

(1) persons in correctional facilities/jails;

(2) persons under parole supervision;

(3) persons in OCFS custody, including residents in other units or cottages in the same facility or on the same grounds, or youth in day placement, or aftercare programs; and

(4) persons in custody of any other agency or jurisdiction due to alleged criminal behavior, adjudicated juvenile delinquency, status offense or juvenile offender status.

(c) Waivers. The facility director may waive these restrictions, in the case of an immediate family member or person who has demonstrated a parental or sibling relationship with the resident, if it is determined that a waiver is in the best interest of the resident.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 171-4.4