New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle E - Office of Children and Family Services
Part 178 - Day Placement
Section 178.13 - Termination of participation in a day placement program
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 178.13
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Where a youth's breach of conditions of participation requires termination of participation in the day placement program:
(1) The program director responsible
for monitoring the youth's progress shall prepare a written recommendation to
terminate a youth's participation in a day placement program. The
recommendation shall state the factual circumstances underlying the
recommendation of termination.
(2)
The youth and the parent shall receive a copy of the recommendation of
termination and shall have an opportunity to submit a response to the program
director.
(3) After reviewing all
documents, if the program director continues to believe termination is
appropriate, he/she shall forward all documents to the director.
(4) Upon receipt of the documentation, the
director shall render a written decision indicating the facts and circumstances
relied upon in making the determination.
(5) The youth and the youth's parent shall be
immediately notified of the termination of the youth's participation in the day
placement program. The youth shall be placed in a facility consistent with the
youth's placement order within three business days after the director's
decision is issued.
(6) A copy of
the director's decision shall be sent to the youth and the parent within three
business days after it is issued.
(7) Notwithstanding the above, a youth may be
immediately placed in a facility consistent with the youth's family court
placement order where adherence to the procedures prescribed in this section
would endanger the youth, where the youth presents a danger to the community or
where the youth is likely to abscond.
(8) If the provisions of paragraph (7) of
this subdivision are followed:
(i) the
youth's parent shall be immediately notified of the youth's placement in a
facility;
(ii) the procedures
described in paragraphs (1) through (4) and (6) of this subdivision shall be
followed; and
(iii) in the event
that the director determines that the youth may remain in a day placement
program, the youth shall be returned to a day placement program if such a
program is available.
(b) The director may terminate a youth's participation in a day placement program at any time, for good cause other than the youth's breach of conditions of participation. The director shall issue a notice of termination in writing which shall state the reasons for the termination.
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