N.Y. Comp. Codes R. & Regs. tit. 9 § 178.13

Current through Register Vol. 46, No. 50, December 11, 2024

Section 178.13 - Termination of participation in a day placement program

(a) Where a youth's breach of conditions of participation requires termination of participation in the day placement program:

(1) The program director responsible for monitoring the youth's progress shall prepare a written recommendation to terminate a youth's participation in a day placement program. The recommendation shall state the factual circumstances underlying the recommendation of termination.

(2) The youth and the parent shall receive a copy of the recommendation of termination and shall have an opportunity to submit a response to the program director.

(3) After reviewing all documents, if the program director continues to believe termination is appropriate, he/she shall forward all documents to the director.

(4) Upon receipt of the documentation, the director shall render a written decision indicating the facts and circumstances relied upon in making the determination.

(5) The youth and the youth's parent shall be immediately notified of the termination of the youth's participation in the day placement program. The youth shall be placed in a facility consistent with the youth's placement order within three business days after the director's decision is issued.

(6) A copy of the director's decision shall be sent to the youth and the parent within three business days after it is issued.

(7) Notwithstanding the above, a youth may be immediately placed in a facility consistent with the youth's family court placement order where adherence to the procedures prescribed in this section would endanger the youth, where the youth presents a danger to the community or where the youth is likely to abscond.

(8) If the provisions of paragraph (7) of this subdivision are followed:

(i) the youth's parent shall be immediately notified of the youth's placement in a facility;

(ii) the procedures described in paragraphs (1) through (4) and (6) of this subdivision shall be followed; and

(iii) in the event that the director determines that the youth may remain in a day placement program, the youth shall be returned to a day placement program if such a program is available.

(b) The director may terminate a youth's participation in a day placement program at any time, for good cause other than the youth's breach of conditions of participation. The director shall issue a notice of termination in writing which shall state the reasons for the termination.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 178.13