N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.3

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

Section 180-1.3 - Definitions

(a)Detention, as defined in these regulations, shall mean the temporary care and maintenance, away from their homes, of children held pursuant to article 3 or 7 of the Family Court Act, or held pending a hearing for alleged violation of the conditions of release from a school, center or youth center of the division, or held pending return to a jurisdiction other than the one in which the child is held, or held pending return from AWOL, or held pursuant to a securing order of a criminal court if the person named therein as principal is under 16 or held pending transfer pursuant to sentence.

(b)Juvenile detention facility shall mean a facility, certified by the division, for the care of children detained in accordance with provisions of the Family Court Act, regulations of the division, and the Criminal Procedure Law.

(1) No juvenile detention facility shall be located in a building which is also used as an adult detention or jail facility.

(2) If a juvenile detention facility is located on premises adjacent to an adult detention or jail facility, there must be total sight and sound separation between the facilities.

(3) A juvenile detention facility shall not share program space with any other type of program or facility without the prior written consent of the division.

(c)Secure detention facility shall mean a juvenile detention facility characterized by physically restricting construction, hardware and procedures.

(d)Nonsecure detention facility shall mean a juvenile detention facility characterized by the absence of physically restricting construction, hardware and procedures. Nonsecure detention facilities may be family boarding homes, agency-operated boarding homes, group care or institutional facilities and nonresidential programs and services as defined herein.

(1)Nonsecure detention family boarding care facility shall mean a family boarding home, certified by the division, to provide care for one to six children, and operated in accordance with this Part.

(2)Nonsecure detention agency-operated boarding care facility shall mean a family-type home, certified by the division, to provide care for one through six children, and operated in accordance with this Part.

(3)Nonsecure detention group care facility shall mean a facility, certified by the division, to provide detention care for 7 through 12 children, and operated in accordance with this Part.

(4)Nonsecure detention institutional facility shall mean a facility, certified by the division, to provide care for 13 or more children, operated in accordance with this Part.

(e)Holdover facility shall mean a juvenile detention facility with physically restricting features within which care may be provided for not more than 48 hours.

(f)Capacity shall mean the maximum number of children for whom care may be provided in any one facility. Any change of capacity must have the prior written approval of the division.

(g)Temporary care shall mean a period of not more than 45 days.

(h)Division shall mean the New York State Office of Children and Family Services, which has succeeded the New York State Division for Youth.

(i)Board shall mean the New York State Office of Children and Family Services, which has succeeded the New York State Board of Social Welfare.

(j)Department shall mean the New York State Office of Children and Family Services, which has succeeded the New York State Department of Social Services.

(k)Administrative agency shall mean the agency of county government responsible for the administration of the county detention program.

(l)Operating agency shall mean the authorized agency selected by the administrative agency to operate detention programs in a county.

(m)Office shall mean the New York State Office of Children and Family Services.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.3

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

Renumbered from 180.3 New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018