Sec. 7423.1. Policy

(a) Consistent with the requirements of this Part, the Office of Children and Family Services (OCFS) shall develop written policies and procedures that govern correspondence and telephone usage at each secure facility. The written policies and procedures shall be reviewed annually and updated as needed.

(b) Subject to the limitations of this Part, residents are entitled to correspond with any person.

(c) There shall be no restriction upon incoming or outgoing resident correspondence based upon:

(1) the amount of correspondence sent or received; or

(2) the language, (e.g., Spanish, Chinese), in which such correspondence is written.

(d) In accordance with this Part, where incoming or outgoing, privileged or nonprivileged mail would otherwise be opened in the presence of the recipient resident, OCFS shall not be required to do so where it would interfere with an ongoing investigation. All notices required to be given to the recipient residents under this Part shall be waived when the notice of such would interfere with the investigation.

(e) If a resident is unable to read, write, or has any other disability that may interfere with the resident’s ability to read or write, OCFS shall provide assistance to the resident with their correspondence.