N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.6

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

Section 180-1.6 - Length of stay

(a) No youth shall be kept in continuous detention care beyond 45 days from admission; except that such youth may remain beyond 45 days pursuant to court order or where the detention facility has obtained prior written approval by the division.

(b) A youth shall be considered absent without leave when absent from a facility where his or her whereabouts are unknown and where the youth's assigned bed is relinquished. A secure detention facility shall relinquish a youth's assigned bed on the day following a runaway when a child is not returned within 24 hours. Such absences shall be considered an interruption of continuous detention care. Reimbursement shall terminate upon AWOL and shall continue only upon the return of the youth to the facility.

(c) The agency administering detention shall be responsible for terminating detention care no later than the 45th continuous day of care, except where such termination would be contrary to court order or when prior division written approval for extension of detention has been granted. Notification of removal of the youth shall be given by the agency to the appropriate Family Court and other appropriate agencies.

(d) It shall be the responsibility of the agency administering detention to notify appropriate agencies, including the Family Court, no later than the 35th day of continuous care, and to notify the Family Court and such agencies of the granting or denial of approval for extension of detention.

(1) The agency administering detention shall assure the submission to the division, in such form and in such manner as the division may require, of requests for extension of detention beyond 45 continuous days of care, to be received not later than the 35th day.

(2) The agency administering detention shall be responsible for securing all information required by the division for review of requests for extension of detention.

(3) No approval of requests for extension of detention shall be made by the division where complete and adequate information is not provided in the request, including but not limited to:

(i) reason youth may not appear at court hearing or presents a serious risk to commit what would be a crime if the youth were an adult;

(ii) statement of major offense with which youth is charged (label of "Delinquency" or "Person in Need of Supervision" is not adequate);

(iii) reason for extension request, including dates for referrals, replies, study reports or dispositional placement;

(iv) status of placement efforts, if the final placement order has been handed down by the Family Court.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.6

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

Renumbered from 180.6 New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018