N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-1.5

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

Section 175-1.5 - Initiation of transfer proceeding

(a) In conjunction with the appropriate district supervisor, the director of the facility where the youth to be transferred is in custody or the youth's foster care worker, shall prepare a referral report documenting reasons why it appears that the youth is mentally ill or mentally retarded and will substantially benefit from care and treatment in the State school or State hospital and why the interests of the State will be best served thereby. Such report shall include at least the following documents:

(1) a memorandum to the Director of Health Services requesting a transfer hearing pursuant to article 19-G, section 517 of the Executive Law;

(2) a statement of the reasons why:

(i) it appears that the youth is mentally ill or mentally retarded and will substantially benefit from care and treatment in a State school or State hospital in the Department of Mental Hygiene; and

(ii) the interests of the State will be best served by the youth's care and treatment in a State school or State hospital in the Department of Mental Hygiene; and

(3) a written and signed report prepared by a psychiatrist based upon an examination conducted not more than one week previously, stating that the youth requires inpatient care in either a State school, a psychiatric center or in a residential treatment facility; and

(4) a statement of general background identifying information on the youth.

(b) The facility director or foster care worker shall forward the referral report to the Director of Health Services.

(c) The Director of Health Services shall review the referral report for appropriateness and completeness and confer with the counsel's office to insure the materials are legally sufficient for a transfer hearing.

(1) If the Director of Health Services recommends approval of the request for a transfer hearing he shall, within two working days of receipt of the referral report, submit such report, a cover memorandum and transfer recommendation memorandum for either a State school, a psychiatric center or a residential treatment facility to the Deputy Director for Program Operations.

(2) If the Director of Health Services recommends disapproval of the request for a transfer hearing he shall, within two working days of receipt of the referral report, submit such report and a statement of his reasons for disapproval of the request for a transfer hearing to the Deputy Director for Program Operations.

(d) The Deputy Director for Program Operations, or his designee, shall review the referral report and all accompanying documents, and make one of the following determinations:

(1) continuation of the youth's present facility program;

(2) modification of the youth's present program; or

(3) approval of the transfer request.

If the Deputy Director for Program Operations approves the transfer request, he shall sign the transfer recommendation memorandum and submit it, along with the referral report and all accompanying documents, to the Director of the Division for Youth.

(e) The Director of the Division for Youth shall review the recommendations for transfer, the referral report and all accompanying documents. If it appears to his satisfaction that the youth is mentally ill or mentally retarded and will substantially benefit from care and treatment in a State school or State hospital in the Department of Mental Hygiene and that the interests of the State will be best served thereby, he shall sign the transfer recommendation memorandum and forward it, along with all accompanying documents, to the counsel's office for initiation of a transfer hearing.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-1.5