New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle E - Office of Children and Family Services
Part 179 - Standards For Resident Behavior
Subpart 179-1 - Disciplinary Actions
Section 179-1.2 - Purpose

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 179-1.2

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

(a) Disciplinary action is an essential element in treatment. Residents of OCFS secure centers are expected to follow rules of conduct that have been designed to support the habilitation process. Disciplinary action, when applied reasonably and with fairness, promotes the security and protects the health and safety of all persons within an OCFS facility. It is also a positive factor in the morale of residents and staff in the facility.

(b) Limits of disciplinary action. Disciplinary action shall be taken only in such measures and degree as necessary to:

(1) maintain residents' behavior within acceptable limits;

(2) achieve compliance by the entire resident population with required standards of behavior; and

(3) reinforce to the resident population and facility staff, the OCFS commitment to maintain required standards of behavior.

(c) Disciplinary action must be fair and consistent. Disciplinary action must be administered in a fair, impartial and expeditious manner and must be consistent.

(1) Disciplinary measures shall not be overly severe. A sound disciplinary program relies upon certainty and promptness of action rather than upon severity.

(2) Disciplinary action must never be arbitrary or capricious or administered for the purpose of retaliation or revenge. Corporal punishment is absolutely forbidden for any purpose and under all circumstances.

(d) Criminal activity. Commission of any Penal Law offense is prohibited and may be referred to law enforcement agencies for prosecution through the courts in addition to sanctions imposed through resident discipline.

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