N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.7

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

Section 180-1.7 - Intake and admission

(a) Admission to a detention facility shall be limited to:

(1) youth referred pursuant to article 7 of The Family Court Act;

(2) children held pending a hearing for alleged violation of the conditions of release from a school, or center or youth center, of the division in compliance with Part 169 of this Subtitle;

(3) youth on whom a warrant has been issued by the division, in compliance with Part 181 of this Subtitle;

(4) youth held pending return to a jurisdiction other than the one in which the youth is held; or

(5) alleged juvenile offenders held pursuant to a securing order of a criminal court or pending transfer pursuant to sentence.

(b) Youth shall be admitted to a detention facility only when accompanied by police, sheriff, or a private or public agency official, or peace officer, who shall provide the legal basis for custody and detention referral in writing, and who shall provide, or certify that they will provide, documentation as to the true identity of the youth. Documentation shall include, but not be limited to, the youth's name, age and address of parents or legal guardian.

(c) A youth may be admitted to a detention facility for detention care without a warrant when referred by a peace officer who has taken the child into custody pursuant to section 718, 721 or 723 of The Family Court Act when such officer certifies, in writing, that he has complied with section 724 of The Family Court Act. Such certification shall include the fact that efforts have been made to notify the parent or other person legally responsible for care, and state the reasons such person or persons will not, or cannot, produce the youth before the Family Court as ordered. Said officer shall further certify that he will cause a petition to be filed against the youth on the next day Family Court is in session.

(1) When placement is from a county other than the operating county, contact information for a public official authorized to make emergency decisions regarding the youth, and the telephone numbers where such official may be reached on a 24-hour basis, shall be provided at the time of admission.

(2) Visitors shall be authorized as follows:

(i) Family Court judges, criminal court judges, or their designees, may visit detention facilities, interview youth and review records as they may deem appropriate.

(ii) Law guardians, probation workers and other agency officials, actively working with the youngster, may visit the youth through prior appointment at the facility. The facility director may authorize a tour of the facility for such visitors.

(iii) Parents and other visitors shall be permitted to visit the youth at least once a week, except when the facility director determines that such visits are detrimental to the youth or that the visitors refuse to comply with rules governing visitation. Where a parent cannot visit during established visiting hours, arrangements shall be made by the facility director to establish special visiting periods. The facility director shall publish written rules governing visiting hours and conditions for visitation. Where a visitor is excluded for any reason, the facility director shall specify, in writing, the reason for such exclusion. A copy of such statement shall be provided to the rejected visitor.

(d) When a youth is brought to a detention facility, pursuant to section 724(b) (iii) of The Family Court Act, the probation service or the administrator responsible for operating the detention facility is authorized, before the filing of a petition, to release the youth to the custody of a parent or other relative, guardian or legal custodian when the events that occasioned the taking into custody:

(1) appear to involve a petition to determine whether the youth is a person in need of supervision, rather than a petition to determine whether the youth is a juvenile delinquent;

(2) do not appear to involve any act which, if done by an adult, would constitute a crime; or

(3) appear to involve a petition to determine whether the youth is a juvenile delinquent unless:

(i) there is a substantial probability that the youth will not appear or be produced before the Family Court at a specified time and place;

(ii) there is a serious risk that, before the petition is filed, the child may do an act which, if committed by an adult, would be a crime;

(iii) the conduct involved the use or threatened use of violence; or

(iv) there is a reason to believe that a proceeding to determine whether the youth is a juvenile delinquent is currently pending.

(e) Youth referred for detention by the division shall be placed in a non-secure detention facility, unless a determination is made by the division that secure detention is needed. Requirements to be met for secure detention are:

(1) The offense or history of offenses is of such a serious nature as to be a threat to the community;

(2) the youth's behavior indicates need for intense supervision; and

(3) the youth's admission will be in compliance with Federal statutes and regulations pertaining to the detention of juveniles.

(f) No youth shall be fingerprinted or be photographed or otherwise identified for security purposes while a resident of a detention facility.

(g) When a youth absconds from a facility to which he or she was remanded pursuant to section 739 of The Family Court Act, or to which he or she has been delivered pursuant to section 510.15 of the Criminal Procedure Law, notice shall be given forthwith by an authorized representative of the facility to the clerk of the court from which the remand was made. An oral notice shall be confirmed in writing within 48 hours. The notice shall state the name of the youth, the docket number of the pending proceeding in which the youth was remanded, and the date on which the youth absconded.

(h) Intake official(s) shall be designated by the agency responsible for administering detention. Such intake official(s) shall be available on a 24-hour basis. Except when detention is pursuant to court order, prior to authorizing detention, the official(s) shall determine that the referral meets statutory criteria for detention admission and conforms to division regulations and pertinent local procedures.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.7

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

Renumbered from 180.7 New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018