N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-1.2

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

Section 175-1.2 - Guidelines for transfer

(a) A youth may be transferred to the Department of Mental Hygiene for care and treatment in a State school or State hospital under the jurisdiction of the Department of Mental Hygiene, whenever it appears to the satisfaction of the Director of the Division for Youth that such youth is mentally ill or mentally retarded and will substantially benefit from care and treatment in such a State school or State hospital and that the interests of the State will be best served thereby.

(b) The Director of the Division for Youth may, subject to the requirements of section 9.51 of the Mental Hygiene Law, apply for the transfer of any youth in the care of the division who has not been sentenced as a juvenile offender and who is not subject to a restrictive placement pursuant to section 353.5 of the Family Court Act, to a residential treatment facility for children and youth.

(c) Juvenile offenders shall be transferred only to a facility under the jurisdiction of the Office of Mental Health specially designed for the care and treatment of juvenile offenders which is characterized by physically restricting construction, hardware and procedures.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-1.2