N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 165-1.5

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

Section 165-1.5 - Youth development programs administration

(a)Non-discrimination.

(1) No youth shall be denied the services or facilities of any youth development program receiving State funding based on the youth's race, creed, color, national origin, gender, sexual orientation, gender identity or expression, marital status, religion, disability and/or any other protected class as defined by law.

(2) No discrimination shall be practiced in the employment of personnel for youth development programs on the basis of race, creed, color, national origin, age, gender, sexual orientation, gender identity or expression, marital status, religion, disability and/or any other protected class as defined by law.

(b)Contracts.

A municipality may enter into contracts with other agencies and entities, in accordance with all applicable laws, rules, and regulations, to effectuate youth development programs. The municipality must require that any such agencies or entities adhere to all applicable laws, rules, and regulations related to the implementation of its youth development programming.

(c)Municipal youth bureaus.

(1) Staffing. Each municipal youth bureau must employ sufficient staff to implement its approved youth development program or programs. An executive director or other designated person employed by the municipality must be assigned by the municipality to maintain overall responsibility for its municipal youth bureau.

(i) The executive director, or other designated person with responsibility for the municipal youth bureau, must have, as determined by the office, sufficient access to the chief executive of the municipality to consult, communicate, and advocate regarding youth development issues and programs. For a municipal youth bureau serving more than one municipality, the executive director or designee must have such access to the chief executives of each participating municipality.

(ii) The responsibilities of the municipal youth bureau executive director or other designated person with responsibility for the municipal youth bureau shall include, but not be limited to:

(a) consulting with the applicable municipality or municipalities regarding the development of its comprehensive plan;

(b) developing progress and performance measures for youth development programs;

(c) monitoring and evaluating youth development programs;

(d) facilitating the collaboration and coordination of public and private entities to initiate and establish youth development programs in the municipality;

(e) providing oversight of and technical assistance to the youth board for the municipal youth bureau; and

(f) consulting with the municipality or municipalities and the county or city Department of Social Services in the development of a runaway and homeless youth plan, where a municipality is receiving State aid for a runaway and homeless youth program pursuant to section 420 of the Executive Law.

(2) Youth boards. Each municipal youth bureau must have a youth board meeting the requirements of this paragraph as a condition for receiving youth development funding. The office may deny youth development funding to a municipality that does not meet these requirements.

(i) Composition of youth boards. The youth board for a municipal youth bureau shall be representative of the community that it serves. The members of the youth board shall include, but are not limited to: youth representatives, representatives of the municipality's citizens and community services organizations, public officials, and youth development program stakeholders.

(a) The youth board for a municipal youth bureau shall have a minimum of 11 members, who are appointed by the municipality and who are not paid.

(b) All appointments of youth board members must conform to all applicable Federal, State, and local laws, rules, and regulations regarding equal opportunity and affirmative action.

(ii) Powers, duties and responsibilities of youth boards for municipal youth bureaus. In consultation with the municipal youth bureau, the youth board:

(a) advises the municipal youth bureau on local youth needs and on policies and plans that can promote positive youth development and/or prevent delinquency and youth crime;

(b) advocates for youth, for the development of services and strategies that address locally identified youth problems and needs, and for responding to opportunities to address those needs;

(c) promotes cooperation and collaboration among employers, labor, schools, religious organizations, recreation and/or youth commissions, service clubs, youth and family service providers, and other public and private entities in order to encourage local community participation in planning of youth development programs;

(d) reviews and analyzes proposals for the creation or expansion of youth development programs, and recommends to the chief executive of the municipality whether to accept or reject such proposals; and

(e) advises the municipality throughout the process of developing the municipality's comprehensive plan for youth development programs.

(d)Local youth bureaus.

(1) A city, town or village that wishes to establish a local youth bureau that was not approved by the office on or before April 1, 2013, may apply for approval of its plan to the municipality in which the city, town, or village is located. The application must be in writing, specify the nature of the local youth bureau program(s), and contain any information required by the municipality.

(2) No application for approval of a local youth bureau shall be considered by a municipality unless the application has first been approved by the governing body of the city, town, or village making the application.

(3) A municipality may approve or disapprove an application for a proposed local youth bureau.

(4) The approval of a local youth bureau by a municipality authorizes the city, town, or village to establish, operate and maintain the local youth bureau and allows the municipality to distribute youth development funding to the local youth bureau.

(5) A municipality that approves a local youth bureau must require that the local youth bureau adhere to all applicable laws, rules, and regulations.

(e)Records.

A municipality that receives youth development funding shall make its records pertaining to its youth development programs available for examination or inspection by the office during normal business hours upon request by the office. Records involving funding received or expended, and/or contracts entered into by a municipality that involve the provision or support of services pursuant to this Subpart, must be retained by the municipality for the later of six years from the conclusion of the calendar year in which the funds are expended, or six years from the end of any contract providing or supporting services under this Subpart. All other records required under this Subpart must be maintained for a period of three years.

(f)Reports.

The municipality or its agent shall submit to the office any statistical and other reports or information related to State-funded youth development programs as the office may reasonably require.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 165-1.5

Adopted New York State Register August 17, 2016/Volume XXXVIII, Issue 33, eff. 8/17/2016