PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 450 to Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20, 34 and 404
Subject:
Limited secure regulations.
Purpose:
To establish regulations for residential facilities providing limited secure care within a social services district.
Text or summary was published
in the September 2, 2015 issue of the Register, I.D. No. CFS-35-15-00007-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Public Information Office, New York State Office of Children and Family Services, 52 Washington Street, Rensselaer, New York 12144, (518) 473-7793, email: info@ocfs.ny.gov
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
Two comments were received on the proposed regulations. One comment was from a social services district and the other from a member of the public.
One commenter objected to the requirement in proposed 18 NYCRR 450.6(d)(1)(v) that each limited secure facility have closed circuit video coverage of the control center. The objection is based on a concern over increased cost and a claimed lack of need for such coverage. The Office of Children and Family Services (OCFS) has considered the comment and determined that no change will be made to the proposed regulation. We believe the added cost will be minimal, and that the coverage is necessary for security purposes. As this is not a statutory requirement, a waiver of the requirement could be available if particular facilities can show that compliance would present an undue hardship.
The same commenter objected to the requirement in proposed 18 NYCRR 450.6(d)(3)(i) that video records of an incident that involves an injury to youth be retained for a period of three years beyond the 18th birthday of the youth who was injured. The objection is based on the cost of maintaining the records for that period of time and a claimed lack of need. OCFS has considered the comment and determined that no change will be made to the proposed regulation. We believe that the records should be maintained to the end of the applicable statute of limitations for tort claims, as this would be important and relevant evidence in the event that the injured youth were to bring litigation against the agency operating the facility and/or any involved government agencies. As this is not a statutory requirement, a waiver of the requirement could be available if particular facilities can show that compliance would present an undue hardship.
The other commenter advocated for a change to the regulations in proposed 18 NYCRR 450.5 to require that each limited secure facility be required to have an auditorium or performance space. OCFS has considered the comment and determined that no change will be made to the proposed regulation. Some of the limited secure facilities will be for small numbers of residents (12 or less), and a requirement for an auditorium would be unrealistic and unduly costly for such programs.
