N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.10

Current through Register Vol. 46, No. 43, October 23, 2024

Section 180-1.10 - Program requirements noninstitutional, nonsecure detention facilities

(a)Family boarding care facilities and agency-operated boarding care facilities.

(1) General requirements.

(i) All members of the household must be of good character and reputation. Fitness shall be attested by satisfactory references.

(ii) The operators and relief shall be in good health and have no disqualifying physical or mental handicap.

(iii) The operators and relief operators shall have the ability to relate positively to the children in care and shall have an understanding of their needs. At least one of the operators shall be present in the home and available for supervision at all times.

(iv) The home must be in an appropriate neighborhood, as determined by the division.

(v) The home must be readily accessible to community resources and activities.

(vi) The home and premises must be kept in clean and sanitary condition and in good repair, and provide for the reasonable comfort and well-being of the household.

(vii) The home must provide reasonable (as determined by the division) security against fire hazards.

(viii) There must be adequate and accessible supply of water of satisfactory sanitary quality for drinking and household use. There must be provision for hot water for washing and bathing.

(ix) The dwelling must be effectively screened against flies and other insects where appropriate.

(x) The temperature in the home shall be maintained at a comfortable level as determined by the division.

(xi) Adequate bathing, toilet and lavatory facilities (as determined by the division) shall be kept in sanitary condition.

(xii) Sleeping arrangements shall be as follows:

(a) Each child in care shall have a separate bed. Sleeping rooms shall provide at least 30 square feet of floor space for each bed and two feet of space between beds, with walls at least seven feet high, and shall have a minimum horizontal dimension of seven feet. No more than three children shall occupy any bedroom.

(b) Every sleeping room occupied by children in care shall have good natural light and ventilation, and shall have one or more windows opening directly to the outside.

(c) No bed shall be located in any unfinished attic, basement, or in any stair, hall, or room commonly used for other than bedroom purposes.

(d) Children of different sex shall not sleep in the same room.

(e) Separate and accessible drawer space for personal belongings and closet space for clothing shall be available for individual children in care.

(xiii) There shall be outdoor play space available, other than in a street. It shall be readily accessible either on the premises or elsewhere.

(xiv) The following conditions shall be observed:

(a) Children in care shall mingle freely and on equal footing with other children in the household.

(b) The religious faith of the child shall be preserved and protected.

(c) Provisions shall be made to meet the educational needs of children in care.

(d) Food supplied to the children in care shall be of good quality, properly prepared, and served at regular hours in sufficient quantity.

(e) Clothing shall be kept in proper condition of repair and cleanliness, and shall be adapted to seasonal conditions and be of such style and quality so as not to distinguish the children in care from other children in the community.

(f) Individual toilet articles such as comb and toothbrush shall be provided.

(g) Health supervision, medical and dental care shall be provided each child in accordance with his needs. Each child continued in care for more than three days shall have a physical examination which shall be recorded.

(h) Records of admission and discharges shall be maintained as described in these regulations.

(i) No home shall care for more than six children. This shall include any children under 13 years of age who live with supervisory personnel in the facility.

(2) Other requirements-family boarding care facilities.

(i) Operators of family boarding care detention facilities shall meet the following requirements:

(a) They shall be free from communicable disease. There shall be a recent physical examination of the operators. Additional reports shall be provided upon request by the division.

(b) They shall be in reasonably secure economic position and self-supporting aside from payments to be made for the children in care. One of the operators may work.

(c) The authorized agency must be able to communicate successfully with operators in the best interest of the children in care where there is a language barrier.

(d) No operator shall operate a commercial lodging or boarding house, seasonal or otherwise, or conduct maternity or convalescent business or other business which might adversely affect the welfare of the children in care.

(ii) Couples who operate a facility and are living together shall be legally married.

(3) Additional requirements for agency-operated boarding care detention facilities.

(i) At least two adults shall be responsible for the care of the children in care. In the case of a married couple, it is permissible for the man to work outside of the detention program operation.

(ii) There shall be provision for relief persons on a regular basis.

(iii) There shall be provision for emergency coverage.

(b)Nonsecure group care facilities.

Nonsecure group care facilities for the care of at least 7 but not more than 12 children shall be operated only when the following conditions are met:

(1) A professionally qualified social worker, as required herein, with experience in child welfare, who may be in the employ of the local department of social services or Family Court probation service, shall provide casework service as soon after admission as practicable, and visit each child daily at least during the first week of each child's placement.

(2) Adequate supervision shall be provided for the children. Persons caring for children shall be sufficient in number for the children under care and shall be selected on the basis of good moral character, interest in and ability to care for children. There shall be:

(i) at least two adults responsible for the care of children on duty in each detention facility;

(ii) appropriate housekeeping staff;

(iii) provision for relief personnel on a regular basis; and

(iv) provision for coverage in the case of any emergency.

(3) Physical facility.

(i) Location. The nonsecure group care facility shall be in an appropriate neighborhood and so located that it is accessible to religious, school and recreational facilities and other community resources. Suitable outdoor play areas shall be readily available to the children.

(ii) Building and grounds. Buildings used in whole or in part as a detention facility shall be in compliance with all applicable local building and fire regulations.

(iii) General requirements.

(a) The facility shall be of sufficient size to provide adequate living accommodations for the residents and shall be suitably furnished and equipped.

(b) The facility shall be kept in sanitary condition and good repair.

(c) The facility shall be effectively screened against flies and other insects.

(d) Adequate and safe water supply and sewage facilities shall be provided and shall comply with State and local laws.

(iv) Heating, electrical, ventilating and other mechanical systems shall be designed and maintained so that, under normal conditions of use, danger to the health and welfare of the residents from such equipment will be held to a minimum.

(v) Temperature in the facility shall be maintained at a comfortable level.

(vi) Rooms shall be adequately lighted and ventilated.

(vii) All floors used by children shall have alternate exits, remotely located from each other and readily accessible to the occupants, except that a two-story detached dwelling shall have a minimum of one exit stair from the second floor and at least one additional alternate, safe means of emergency egress from the second floor to ground level outside of the building, with access to a street or other suitable open space.

(viii) Occupancy by children shall not be permitted above the second floor in a building of wood-frame construction.

(ix) Sleeping rooms.

(a) Every sleeping room occupied by children shall have good natural light and ventilation and shall have one or more windows opening directly to the exterior.

(b) Separate and accessible drawer or shelf space for personal belongings, and sufficient closet space for indoor and outdoor clothing, shall be available for each child.

(c) No sleeping accommodations shall be located in any unfinished attic, basement, stair, hall, or room commonly used for other than bedroom purposes.

(d) Children of different sex shall not sleep in the same room.

(e) All single sleeping rooms for children shall contain not less than 70 square feet of floor area in a minimum horizontal and vertical dimension of seven feet.

(f) All sleeping rooms for the accommodation of more than one child shall contain not less than 60 square feet of floor area per child and a minimum horizontal dimension of eight feet with walls seven feet high.

(1) No more than three children shall occupy a bedroom.

(2) Each child shall have a separate bed, spaced at least three feet apart from other beds.

(g) Staff members who sleep at the facility shall be provided with sleeping quarters separate from those for children.

(x) Bathing and toilet facilities. Bathing and toilet facilities shall be provided as follows:

(a) Minimum requirements as to lavatories, tubs or showers:

Children	Lavatories	Tubs or Showers
78	2	1
912	3	2

(b) A minimum of two toilets shall be provided and available for the children.

(xi) Living rooms. Living rooms or rooms of sufficient size shall be provided to serve the needs of the residents.

(xii) Dining facilities. Dining facilities shall be provided with sufficient space and equipment to serve all the residents.

(xiii) Kitchen. The kitchen shall be equipped to provide adequate food preparation, storage and service.

(xiv) Facilities for storage and laundry. Facilities for storage and laundry shall be provided and shall include:

(a) space for storage of household supplies, larger personal items, seasonal clothing and outside sports and gardening equipment; and

(b) linen closet.

(xv) Sanitation.

(a) Compliance with State and local requirements. Each facility shall comply with the requirements of State and local departments of health.

(b) Water supply and sewage facilities. Adequate and safe water supply and sewage facilities shall be provided and shall comply with State and local laws.

(c) Washing of food containers and utensils. Dishes, glassware, eating utensils, and food containers (including those used in transporting food) shall be properly washed, rinsed, disinfected and dried in a sanitary manner to conform to the following standards:

(1) scraping to remove food particles;

(2) prerinsing and proper stacking;

(3) mechanical dishwashing:

(i) washing in clear water, maintained at 140° to 160°F, containing recommended amount of effective detergent or washing compound;

(ii) rinsing in water maintained at 180°F;

(iii) drying by air;

(4) hand dishwashing:

(i) washing in clear water, maintained at 100° to 120°F, containing recommended amount of effective detergent or washing compound;

(ii) rinsing in clear, hot water;

(iii) sanitizing by use of a sanitizing agent recommended by the Department of Health or immersing in water at temperature of 170° to 180°F;

(iv) drying by air.

(d) Washing of hands by food handlers. The food preparation and service area shall conform to State and local regulations. Soap and single-service towels shall be provided as part of the handwashing facilities. Handwashing signs shall be posted in each toilet facility used by employees.

(e) Closets and lockers for dietary personnel. Either closets or lockers shall be provided for dietary personnel to hang their clothing.

(f) Screens. Window and door screens shall be used where food is stored, prepared or served, and wherever else necessary.

(g) Cleaning of equipment. Adequate provision shall be made for effective cleaning of all equipment and surroundings.

(h) Trash and garbage. All trash and garbage shall be kept in suitable covered containers, stored away from the food preparation areas, and shall be removed from premises at regular intervals.

(xvi) Medical policies and procedures.

(a) The medical policies and procedures shall be described in writing and interpreted to all the personnel of the facility. They shall be subject to frequent and regular review.

(b) Health supervision, medical and dental care shall be provided each child in accordance with his needs, and shall follow the written medical policies and procedures.

(c) Examinations. Each child continued in care for more than three days shall have a complete physical examination, including an appraisal of his health, which shall be properly recorded.

(d) A continuing individual medical record shall be maintained for each child in care.

(xvii) Child care.

(a) Food supplied to the children shall be of good quality, properly prepared, served at regular hours and sufficient in quantity. The diet shall meet the nutritional standards recommended by the National Research Council. All milk and milk products shall be pasteurized.

(b) Menus, as served, shall be retained on file for one year after date of use.

(c) Each child shall be provided with appropriate clothing, individually selected and properly fitted. Clothing shall be adequate in amount, attractive and of good quality, and properly maintained for comfort and health.

(d) Treatment services shall be provided children in accordance with their individual needs, and shall include psychiatric and psychological services, including tests and examinations.

(e) Appropriate educational and recreational programs shall be provided for the children in care.

(f) Protection of religious faith. The religious faith of each child shall be preserved and protected.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.10

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

Renumbered from 180.10 New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018