New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle E - Office of Children and Family Services
Part 175 - Transfers
Subpart 175-2 - Transfers Of Juvenile Delinquents To Secure Facilities
Section 175-2.2 - Guidelines for transfer

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 175-2.2

Current through Register Vol. 46, No. 12, March 20, 2024

A juvenile delinquent shall be considered for transfer from a school or center under the jurisdiction of the Division for Youth pursuant to title III of article 19-G of the Executive Law, to a secure facility only when:

(a) the juvenile delinquent has shown himself to be exceptionally dangerous to himself or to other persons during his placement at the school or center. A juvenile delinquent may be transferred if his behavior indicates that he is exceptionally dangerous to himself, to other youth or staff members in the facility, or to persons in the community. Exceptionally dangerous behavior may include, but is not limited to: serious intentional assaults on other persons, sexual assaults on other youth or setting fires; or

(b) the juvenile delinquent has demonstrated by a pattern of behavior at the school or center that he needs a more structured setting. Such behavior may include, but is not limited to: persistently refusing to obey the reasonable instructions of staff members; consistently causing disruptions in facility programs; continuously and maliciously destroying State property or personal property of other youth or staff members; or, repeatedly inciting other youth to commit assaultive or destructive acts. No such transfer shall be made unless:

(1) the hearing officer has evaluated the juvenile delinquent's clinical record;

(2) the appropriate personnel have considered the appropriateness and availability of a transfer to an alternative nonsecure facility; and

(3) a plan of further service for the juvenile delinquent has been developed;

(c) the juvenile delinquent is in need of protection from other youth. A juvenile delinquent may be transferred to a secure facility when reasonable grounds exist to believe that his safety is in danger at the school or center, and when placement at another nonsecure facility is unavailable or inappropriate. Continual efforts shall be made to relocate the juvenile delinquent from the secure facility. Such efforts shall be reviewed by the Deputy Director for Program Operations every 15 days. In no event shall a juvenile delinquent transferred under this subdivision be held in a secure facility more than 60 days.

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