New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 584 - Operation Of Residential Treatment Facilities For Children And Youth
Section 584.7 - Admission, Continued Stay and discharge criteria

(a) Each residential treatment facility shall maintain written admission, continued stay and discharge criteria which are subject to the approval of the Office of Mental Health.

(b) The admission criteria must, at a minimum, provide that Office of Mental Health or commissioner's designee has determined that an individual child or youth is eligible and authorized to access residential treatment facility services pursuant to Part 583 of this Title.

(c) Any additional admission criteria must relate to factors of psychopathology, activities of daily living skills, age, gender, sex and intelligence quotient. Admission criteria must comply with any standards and procedures established by the office, and cannot discriminate based on race, color, creed, disability, sex, gender identity, marital status, age, national origin, sexual orientation, military status, domestic violence victim status, disability, pregnancy-related condition, predisposing genetic characteristics, prior arrest or conviction record or familial status.

(d) The continued stay criteria must, at a minimum, provide that the child or youth meets eligibility criteria established in Part 583 of the Title, and does not meet the residential treatment facility's discharge criteria.

(e) The discharge criteria must at a minimum provide that the child or youth has been evaluated and determined to no longer meet eligibility criteria pursuant to Part 583 of the Title. Age in and of itself is not an appropriate basis for discharge from a residential treatment facility, except that no child or youth may remain in a residential treatment facility after attaining the age of 22.