N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.26

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

Section 180-3.26 - Visiting

(a) A specialized secure detention facility shall provide for visits to youth with individuals from their families and community. At a minimum:

(1) Youth shall be permitted to visit more than one (1) visitor at the same time; however, the facility may determine a maximum number of visitors based on factors such as: the size of the visiting room, the needs of other visitors and youth, and the safety of all present in the visiting room.

(2) Youth and their visitors shall be permitted to have contact during visits, provided such contact is appropriate for the setting and consistent with reasonable standards of public decency (e.g., hand-holding, hugging).

(3) A specialized secure detention facility shall establish and publish a schedule of visiting that permits each youth to have the opportunity for a minimum of two (2) hours of visiting per week.

(4) Youth shall be permitted to have visits with legal representatives or the OCFS Ombudsman at times other than those regularly scheduled for visiting, in a confidential location. The policy may establish a procedure for requesting such visit, but may not deny visits with legal representatives or OCFS Ombudsman due to lack of such notice.

(5) Case managers shall work with a youth, the youth's parent(s) or guardian, and other appropriate individuals to develop a list of pre-approved individuals who may visit the youth. The list of pre-approved individuals shall allow for minors, including the youth's siblings or children of the youth, to visit when accompanied by an adult. The list shall be updated every three (3) months or sooner as needed.

(b) A specialized secure detention facility shall provide sufficient space for a visiting room and for proper storage of visitors' coats, handbags, keys, phones, and other personal items not allowed into the visiting area.

(c) A visitor's access to a facility may be denied, revoked or limited, only when it is determined that such access would cause a threat to the safety or security of the facility, or the safety, security, health or mental health of the youth or where limited by court order. A specialized secure detention facility shall establish criteria and procedures for determining any denial, revocation or limitation on visiting, including an opportunity to appeal the final determination.

(d) Consistent with the requirements of this section, a specialized secure detention facility shall develop written policies and procedures, which shall be submitted to OCFS for approval, to govern visiting.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.26

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