N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.17

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

Section 180-3.17 - Room Confinement

A specialized secure detention facility shall develop a written policy and procedure to be approved by OCFS and SCOC that sets forth the following principles for the use of room confinement:

(a) Room confinement means confinement of a youth in a bedroom or other room specifically designed and designated for such use to calm and control acute physical behavior of that youth that presents an immediate risk of physical injury to the youth or others, when no less restrictive intervention has been, or is likely to be effective in averting danger.

(b) Room confinement shall only be authorized, in writing, as soon as practicable by the facility director or the facility director's designee and shall contain the reasons and grounds for confinement.

(c) Any restrictions regarding the use of room confinement for medical or mental health reasons will be noted on the youth's individualized plan that staff must familiarize themselves with and follow.

(d) Staff shall engage in ongoing crisis intervention techniques with the youth with the goal of releasing the youth from confinement as quickly as possible.

(e) A youth shall be released from room confinement as soon as it is determined that the youth no longer poses an immediate risk of physical injury to self or others.

(f) Youth who are on suicide watch or any mental health, one-to-one (1:1) watch for whom room confinement is being used as an approved part of their individualized plan shall be under constant direct supervision through the door's viewing panel.

(g) Any youth placed in room confinement while wearing mechanical restraints shall be under constant direct supervision through the door's viewing panel. Mechanical restraints shall be removed as soon as it is assessed that it is safe to do so.

(h) Room confinement shall not be used for punishment, retaliation, discipline, administrative convenience or harassment/embarrassment of youth.

(i) The place of confinement shall be furnished with the items necessary for the health and comfort of the occupant, including but not limited to a bed, chair, desk or chest, mattress, pillow, sheet and blanket. If the presence of any of these items would be detrimental to the safety of the occupant or others, they may be removed during the period of confinement upon authorization of the facility director.

(j) The designated place of confinement shall be lighted, heated and ventilated in parity with the other comparable living areas in the facility.

(k) For youth not otherwise under constant supervision as defined in paragraphs (f) and (g) of this section, staff will be within sight and sound of the confinement room, conduct visual observation through the viewing panel of the door at least every fifteen (15) minutes. Such observations will be recorded, including the time and staff member conducting the checks.

(l) Administrative staff shall check at specified intervals of not more than two (2) hours to determine whether the youth can be released from room confinement. Any continuation of room confinement past four (4) hours must be authorized by the director of the facility or designee, and must be re-authorized for every additional four hour interval.

(m) Any youth in confinement for eight (8) hours must be seen by a mental health and medical provider, and every eight (8) hours thereafter until no longer in confinement.

(n) A review of the necessity for continued confinement of each youth shall be made every eight (8) hours by the facility director or designee, to effectuate the return of the youth to the regular program or to determine any other appropriate actions to de-escalate the situation and to reduce the danger to the youth or others.

(o) Any youth for whom room confinement has been used for twenty-four (24) hours within a forty-eight (48) hour period must be reported to OCFS in the manner required.

(p) Meals/snacks served to youth in room confinement shall be identical in both quality and quantity to those served to the general population. Meals/snacks will be served at the regularly scheduled time as permissible.

(q) Each facility shall submit to OCFS, at least monthly, reports in the manner and time frames required the following information:

(1) the number of youth who have been placed in room confinement;

(2) the name of youth placed in room confinement;

(3) the length of room confinement;

(4) the official authorizing the room confinement;

(5) the names of administrative or social work staff and medical staff assessing each such youth, and the times and dates of the assessment visits.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.17

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