N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-1.10

Current through Register Vol. 46, No. 53, December 31, 2024

Section 175-1.10 - The decision

(a) The hearing officer shall issue a decision determining whether sufficient grounds for transfer as alleged exist. The hearing officer's decision shall be based upon a preponderance of the evidence presented at the transfer hearing. Where such evidence is found to exist, the hearing officer shall authorize the Director of the Division for Youth to prepare an order to the Commissioner of the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities for transfer of the youth. The counsel's office shall submit the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities admission application form to the Director of the Division for Youth for signature. The counsel's office then shall forward the signed application to the facility director or foster care worker. Once the facility director or foster care worker has received the written decision of the hearing officer and signed application of the Director of the Division for Youth, the youth may be transferred to the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities.

(b) Where the hearing officer finds that there is no substantial evidence upon which the allegations are based, the hearing officer shall issue a decision which denies the transfer.

(c) In all cases, a written decision shall be served upon the parties within four days following the hearing.

(d) Notice of a decision to transfer a juvenile delinquent shall also be sent to the family court which placed the youth.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-1.10