N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.11

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

Section 180-3.11 - Staffing and Supervision of Youth

(a) Required Staffing. A specialized secure detention facility shall provide sufficient staffing necessary for the adequate and continuous supervision, safety, health, proper care, and treatment of youth under the care of the facility consistent with the requirements set forth in this section.

(b) Direct Care and Security Staffing.

(1) The direct care staff ratio for youth placed in general population shall be at least one (1) staff for six (6) youth (1:6 ratio), but in all circumstances, there must be at least two (2) staff in each area with youth except when a staff is escorting an individual youth within the building.

(2) For areas serving youth with high level needs including, but not limited to, aggressive/assaultive behaviors, serious emotional disturbance/mental illness, developmental disabilities, or self-harming behaviors, the direct care staff ratios shall be increased above the 1:6 ratio to such that the supervision and support needs of the youth are met adequately.

(3) Unit Supervisors. Each unit where youth are housed must have a unit supervisor who is responsible for the supervision of direct care staff. The unit supervisors shall be in sufficient numbers to safely and adequately supervise the direct care staff and provide relief coverage when needed on the units.

(4) The facility director, designated administrator or the facility physician shall determine whether a youth requires additional supervision based on the youth's condition, illness or injury. Additional supervision may include one-on-one supervision or other forms as designated and defined by the facility. Such determination that additional supervision is warranted shall be documented in writing and include, but not be limited to, the following information:

(i) the reasons underlying such determination;

(ii) the recommended period of additional supervision, including the recommended dates and times when the supervision is to be initiated and concluded; and

(iii) the name(s) of the individual(s) making such determination and/or recommending the supervision.

(c) Rapid Response Teams.

(1) A specialized secure detention facility shall have a separate unit of staff who have special training and qualifications to respond to emergency situations that require additional de-escalation and crisis intervention skills. These teams may also be used to provide support and additional resident supervision throughout the duration of program operations, including in any housing area.

(2) A specialized secure detention facility shall provide OCFS and SCOC with a plan for its rapid response team that includes the staff qualifications, special training and the number of staff on the team for waking and sleeping hours.

(d) Programmatic Staff Requirements and Qualifications. Where a specialized secure detention facility program is co-located with a secure detention facility, staff other than direct care staff, may be shared across facility types, unless otherwise indicated. All programmatic staff shall meet the education, experience and qualifications required by this section. Professional staff shall also meet all New York State licensing requirements for the profession and maintain such licensure during employment.

(1) Case Management Staff.

(i) Each facility shall have one (1) licensed master social worker (LMSW) as the director of case management responsible for providing effective case management services to youth.

(ii) There shall be one (1) case manager for every sixteen (16) youth in the facility. These staff shall not be shared across facilities. Case managers shall have a bachelor's degree and at least two (2) years of experience working with youth within a counseling or treatment based setting, or equivalent qualifications as approved through OCFS waiver.

(2) Health and Behavioral Health Services Staff.

(i) Physician/ Medical Director. All facilities shall have a physician or medical director available who has overall responsibility for the medical care of youth in the facility. A physician or medical director shall be licensed and currently registered to practice medicine in New York State. A physician or medical director shall be board certified in pediatrics, adolescent medicine, family medicine, or internal medicine. The physician shall be onsite a minimum of two times per week for sufficient time to sign orders, review consults, and provide oversight. The medical director shall be available, or provide for, on-call consultation and shall meet quarterly with the facility director.

(ii) Psychiatrist. Each facility shall have a board-certified, licensed psychiatrist, preferably board-certified in child and adolescent psychiatry, or whose board certification is pending, available for consultation, including tele-psychiatry. The psychiatrist shall be licensed to practice medicine in accordance with New York State law. The psychiatrist shall be on site at a minimum one (1) time per week but with sufficient hours weekly to provide assessments and prescribe medication as needed and monitor all youth on psychotropic medication. The psychiatrist shall be available for on-call consultation and triage at all times.

(iii) Registered Nurse. A registered nurse (RN) is required to be assigned twenty-four (24) hours a day and seven (7) days a week for any building that has more than 39 beds. All facilities that do not require twenty-four (24) hours a day and seven (7) days a week nursing staff shall maintain adequate day and evening nursing coverage and on-call availability during overnight times. A nurse must be an RN and licensed in accordance with the New York State law and must maintain such licensure during employment.

(iv) Dietary Consultant. A specialized secure detention facility shall have a state-certified dietary consultant such as a nutritionist or dietician to oversee and monitor the facility food service program and menus. The dietary consultant must review menus and food service every six (6) months, and be available for consultation for specialized diets to include, but not be limited to, kosher or halal residents, youth who are pregnant or nursing, and youth with food allergies or other documented or known medical conditions requiring specialized diets. The dietary consultant must have a bachelor's degree with a major in nutrition and dietetics and be a certified dietitian nutritionist.

(v) Dentist. Dental services must be readily available for youth placed in a specialized secure detention facility. Youth must be seen by a dentist within sixty days (60) of intake and provided preventive and regular dental care. Services must be made available immediately for youth with an urgent dental need. All dentists must be currently licensed to practice dentistry in New York State.

(vi) Emergency orthodontic care services must be made available and maintenance orthodontic care services must be made available for youth who are detained for more than six (6) consecutive months.

(3) Recreation and Vocational Staff.

(i) Each facility shall have a director of recreation and vocational services. The director must have a bachelor's degree, preferably in recreation services or vocational education. The director of recreation and vocational services is responsible for the development and oversight of the facility recreation and leisure activities and vocational programs.

(ii) Facilities shall have sufficient staff who are not direct care staff to provide the recreation and vocational programs during program hours, weekends and evenings. Recreation and vocational staff shall have a high school diploma or a high school equivalency diploma and relevant experience.

(4) Direct Care and Unit Supervisors.

(i) Direct care staff shall have a bachelor's degree; or have earned a high school diploma or a high school equivalency diploma and have a minimum of two (2) years of experience working within the youth services field.

(ii) Unit supervisors shall have a bachelor's degree; or shall have earned a high school diploma or a high school equivalency diploma and have a minimum of three (3) years of experience working with youth placed in a detention or residential setting.

(e) Staff Training. A specialized secure detention facility shall develop and implement a written training plan, policies, procedures and actual practices to provide that all staff receive training. These policies shall include, but not be limited to the following:

(1) The hours and content required for pre-service classroom training and on-the-job training for new direct care staff, supervisors, clinical staff, program staff, administrators and support staff.

(2) The hours and content required for annual refreshers by job type.

(3) At a minimum, the training plan shall include the following topic areas:

(i) Behavior management and restraint techniques;

(ii) Mandated reporting;

(iii) Universal precautions and Bloodborne Pathogens;

(iv) Adolescent development;

(v) Safety and security procedures;

(vi) Emergency response, including, but not limited to CPR/AED;

(vii) Suicide risk and prevention;

(viii) Facility rules;

(ix) Prison Rape Elimination Act (PREA) guidelines;

(x) Rights of adolescent offenders; and

(xi) Other trainings as may be required by OCFS/SCOC.

(4) A specialized secure detention facility shall develop a training plan for volunteers and contractors, as necessary, to provide them with information and skills to carry out their responsibilities.

(5) A specialized secure detention facility shall keep a record of all trainings attended and completed by employees, volunteers and contractors.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.11

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