N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.4

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

Section 180-1.4 - Certification

(a) No juvenile detention facility subject to inspection and supervision by the Division for Youth shall be operated unless it shall possess a valid operating certificate issued by the division pursuant to section 510-a (6) of the Executive Law and regulations of the division.

(b)

(1) Application for an operating certificate pursuant to these regulations shall be made upon forms prescribed by the division. An application for an operating certificate shall contain:

(i) the name of the facility and its location;

(ii) the name and address of the authorized agency, corporation, association, organization, proprietary operator or public agency, who or which operates such facility;

(iii) the type of facility;

(iv) the kind or kinds of care and services to be provided;

(v) a physical description of the facility, including land, buildings and equipment;

(vi) resident capacity;

(vii) a plan and description of staff positions, including duties and qualifications;

(viii) if applicant is a corporation, the names, addresses and occupations of the members of the board of directors;

(ix) the ownership or control of the land and premises, if other than the operator;

(x) the financial resources and sources of future revenue of the facility; and

(xi) such other information as may be required.

(2) Approval of application.

The application shall be approved and an operating certificate shall be issued when it is established that the facility meets, and will be operated in accordance with, the requirements of this Part.

(c) Certification shall be granted in writing for a period of not more than two years and may be suspended or revoked by the division when there is noncompliance with any of these regulations, except that the division may waive any regulation where there is substantial compliance and a determination is made that the well-being of the youth in care is not endangered.

(d)Renewals.

At least 60 days prior to the termination of the period of validity of an operating certificate, the facility shall refile an application for the renewed issuance of such operating certificate.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-1.4

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

Renumbered from 180.4 New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018