CFS-45-11-00006-P Qualifications for Personnel in Juvenile Detention Facilities

11/9/11 N.Y. St. Reg. CFS-45-11-00006-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 45

November 09, 2011

RULE MAKING ACTIVITIES

OFFICE OF CHILDREN AND FAMILY SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CFS-45-11-00006-P

Qualifications for Personnel in Juvenile Detention Facilities

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of section 180.8 of Title 9 NYCRR.

Statutory authority:

Executive Law, section 501(3)

Subject:

Qualifications for personnel in juvenile detention facilities.

Purpose:

To streamline the juvenile detention personnel requirements and align them with the requirements for authorized agencies.

Text of proposed rule:

Section 180.8 of 9 New York Code, Rules and Regulations, is amended to read as follows:

180.8 Personnel requirements. The following requirements shall be applicable to all detention facilities except for family boarding care facilities and agency-operated boarding care facilities.

(a) Staff and complementary services. As approved by the [division] office of children and family services, each facility shall provide the staff and complementary services necessary [to assure] for the health and safety and the proper care and treatment of the children under care of the facility.

(b) Qualifications of staff. Personnel employed in a detention facility shall meet the qualifications required by this section. Professional staff also shall meet all New York State licensing requirements for that profession.

(c) Administrative staff. (1) Chief executive officer. The chief executive officer or supervisor of major detention programs shall be a college graduate with appropriate training and experience in the care or education of children.

(2) Supervisor of child care workers. The supervisor of child care workers shall [be] have a high school [graduate,] or equivalency diploma and be further qualified by appropriate training, and have experience with children in a group living facility.

(d) [Social work] Case management staff. (1) Personnel providing [casework] case management services shall be graduates of an accredited college and have two years' experience working with children.

(2) Personnel who supervise [casework] case management services shall meet the requirements for [New York State certified] a licensed master social worker.

(e) Recreation supervisor. A recreation supervisor [will] shall be a [college] graduate of an accredited college with [specialization and] experience in recreation or related fields.

(f) Medical staff. (1) Attending physician or medical director. An attending physician or medical director shall be licensed and currently registered to practice medicine in accordance with the laws of New York State.

(2) [Medical specialist. A medical specialist shall be a licensed physician, currently registered and qualified to provide specialized services by the appropriate national speciality board or designated by the county medical society as having an 'S' rating under the Workers' Compensation Law.

(3)] Dentist. A dentist shall be currently licensed to practice dentistry.

[(4)] (3) Nurse. A nurse shall be either a registered professional or a practical nurse licensed in accordance with the laws of New York State.

[(5)] (4) Psychiatrist. A psychiatrist shall be qualified by training in psychiatry and licensed to practice medicine in accordance with the laws of New York State.

[(6) Psychologist. A psychologist shall have a certificate as psychologist from New York State.]

(g) Education staff. [(1)] Teacher. A teacher shall be eligible for certification by the New York State Education Department.

[(2) educator. A educator shall be eligible for certification by the New York State Education Department.]

(h) Dietary staff. (1) Dietitian or dietary consultant. A dietitian or dietary consultant shall be a graduate of [a four-year course in home economics from] an accredited college with a major in [food] dietetics and nutrition [and/or institutional food management, shall have completed an approved dietetic internship] and shall [have had experience with institutional food service. A dietary consultant (part-time) shall have the same educational credentials and experience as a dietitian and/or shall have earned a master's degree in food and nutrition or institutional food service] be a Certified Dietitian Nutritionist.

(i) Personnel practices. (1) Each detention facility shall observe the following:

(i) Health examination. A physical examination, including a tuberculin skin test with a chest [X ray] X-ray where such test is positive, and serological tests as indicated, shall be required of all staff as a condition of employment.

(ii) Annual reexaminations, including a tuberculin skin test with a chest [X rays] X-ray where such test is positive, shall be required of all food handlers [.

(iii) Annual reexaminations, including a tuberculin skin test, and chest X rays if the skin test is positive, shall be required of] and other staff having frequent and regular contact with children.

[(iv)] (iii) A record of the results of examinations shall be kept on file at the facility.

(2) Time off with pay. All staff shall have adequate time off with pay.

(3) Staff development. A plan for staff orientation, integration with the total agency services, and education through in-service training shall be a permanent part of the institution's program.

(4) At the time of commencement of employment each staff member shall be apprised of the institution's personnel practices and policies and shall thereafter be apprised of any changes made therein.

Text of proposed rule and any required statements and analyses may be obtained from:

Public Information Office, Office of Children and Family Services, 52 Washington Street, Rensselaer, NY 12210, [phone]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority:

Executive Law (ExL) § 502(3) defines detention as the temporary care and maintenance of a youth held away from his or her home as an alleged or adjudicated juvenile delinquent, juvenile offender or person in need of supervision pending certain court actions, administrative hearings or change in custody.

ExL § 503(1) requires the Office of Children and Family Services (OCFS) to establish regulations for the operation of secure and non-secure detention facilities in accordance with Article 19-G of the Executive Law and County Law § 218-a.

ExL § 503 also requires OCFS to oversee detention facilities, including visiting and inspecting detention facilities and reporting to the appropriate local authorities on the operation and adequacy of such facilities. A detention facility may not receive or care for detained children unless the facility is certified by OCFS. OCFS may suspend or revoke a facility's certification for good cause shown.

County Law § 218-a requires each county to have adequate and conveniently accessible secure and non-secure detention accommodations available when required. A county may meet this requirement by arranging for access to detention accommodations located in another county. Provision of detention is a local responsibility that is monitored and regulated by the state.

2. Legislative objectives:

OCFS is charged with providing uniform standards and procedures for the establishment and operation of secure and non-secure juvenile detention facilities. (see 9 NYCRR § 180.1) Section § 180.8 provides personnel requirements applicable to all detention facilities except family boarding care facilities and agency-operated boarding care facilities. Establishment of personnel standards is meant to assure the health and safety and proper care and treatment of youth in the detention facility.

3. Needs and benefits:

The proposed amendment to the personnel requirements in § 180.8 streamlines the existing regulations. In addition, where appropriate, the amendments conform the detention requirements more closely to personnel requirements in 18 NYCRR § 442.18 pertaining to authorized agencies operating institutional facilities for children. Many of the approximately 56 detention facilities in New York State are operated by authorized agencies.

The amendment requires detention professional staff to meet New York State licensing requirements for that profession. The supervisor of child care workers may have a high school equivalency diploma as an alternative to a high school diploma. The phrase "social work" is changed to "case management" to clarify that these child care personnel are not required to be licensed social workers. The current requirement for supervisory case management staff to be certified social workers is updated to require these staff to be licensed master social workers. The recreation supervisor must be a college graduate with experience in recreation or related fields, instead of a college graduate who specialized in recreation or related fields. The provision setting forth qualifications for a "medical specialist" is eliminated as the regulation does not require that a detention facility use the services of a medical specialist. The definition of "educator" is removed for the same reason. The qualifications for a psychologist are deleted as psychology is now a licensed profession. The qualifications for dietary staff are streamlined and simplified. Finally, the provisions on personnel practices in detention facilities, including health exam and reexamination requirements, are conformed to the requirements for authorized agencies that operate institutional facilities for foster children.

4. Costs:

None. The proposed amendment may result in savings. Excessively prescriptive qualifications for personnel affect the cost of juvenile detention for all counties using detention resulting in higher costs where detention providers must hire overly qualified staff.

The amendments do not require detention operators to replace current staff that have extra qualifications or prohibit detention operators from hiring staff who have more than the minimum qualifications.

5. Local government mandates:

The proposed amendment reduces local mandates.

6. Paperwork:

The proposed amendment requires no additional paperwork.

7. Duplication:

None. The amendment requires detention professional staff to meet New York State licensing requirements for that profession, instead of specifying the licensing requirements.

8. Alternatives:

OCFS did not consider any significant alternatives, such as eliminating personnel requirements, to be feasible.

9. Federal standards:

There is no relevant federal standard on this topic.

10. Compliance schedule:

Once the regulation is promulgated, the streamlined personnel requirements will apply when detention operators hire new staff or replace staff that leave.

Regulatory Flexibility Analysis

1. Effect of rule:

The current personnel requirements in 9 NYCRR § 180.8 for detention facilities, other than family boarding care facilities and agency-operated boarding care facilities, are overly prescriptive and/ or outdated in some instances. The proposed amendment streamlines the existing regulations by requiring detention employees to meet any licensing criteria for their profession, instead of including such criteria in the regulation. In addition, where appropriate, the amendments conform requirements for detention more closely to personnel requirements in 18 NYCRR § 442.18 for authorized agencies operating institutional facilities for foster children. Many of the approximately 56 detention facilities in New York State are operated by authorized agencies.

2. Compliance requirements:

Detention operators still must hire personnel with the qualifications required by § 180.8. However, the proposed amendment makes these qualifications more flexible. The amendment requires detention professional staff to meet New York State licensing requirements for that profession. The supervisor of child care workers may have a high school equivalency diploma as an alternative to a high school diploma. The phrase "social work" is changed to "case management" to clarify that these child care personnel are not required to be licensed master social workers. The current requirement for supervisory child care staff to be certified social workers is updated to require these staff to be licensed master social workers. The recreation supervisor must be a college graduate with experience in recreation or related fields, instead of a college graduate who specialized in recreation or related fields. The provision setting forth qualifications for a "medical specialist" is eliminated as the regulation does not require that a detention facility use the services of a medical specialist. The definition of "educator" is removed for the same reason. The qualifications for a psychologist are deleted as psychology is now a licensed profession. The qualifications for dietary staff are streamlined and simplified. The provision on personnel practices in detention facilities, including health exam and reexamination requirements, are conformed to the requirements for authorized agencies that operate institutional facilities for foster children.

3. Professional services:

No professional services are needed to implement the proposed amendment.

4. Compliance costs:

None. The proposed amendment may result in savings. Excessively prescriptive qualifications for personnel affect the cost of operating juvenile detention and affect all counties using detention. However, detention operators are not prohibited from hiring staff with more than the minimum qualifications for their position.

5. Economic and technological feasibility:

The proposed amendment is economically and technologically feasible.

6. Minimizing adverse impact:

No adverse impact on either local governments or small businesses is anticipated from this proposed amendment.

7. Small business and local government participation:

Amending 9 NYCRR § 180.8 to simplify and streamline personnel requirements was submitted as a mandate relief measure under Executive Order No. 17 and shared with OCFS stakeholders, including local governments and small businesses. OCFS received no negative comments from stakeholders regarding this measure.

Rural Area Flexibility Analysis

1. Types and estimate numbers of rural areas:

The proposed amendment updates and streamlines the personnel requirements for detention staff. In addition, where appropriate, the amendments conform requirements for detention more closely to personnel requirements in 18 NYCRR § 442.18 for authorized agencies operating institutional facilities for foster children.

Under County Law 218-a, each county is required to have adequate and conveniently accessible secure and non-secure detention accommodations available when needed. Since detention is a responsibility of every county, this proposal potentially affects all rural areas. However, some small counties in rural areas use little or no detention. All secure detention facilities and most non-secure facilities are located in urban areas. Where non-secure detention facilities are located in rural areas it may be helpful to provide more flexibility with respect to personnel requirements to mitigate difficulties in recruiting staff in rural areas.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

The proposed amendment imposes no new reporting, recordkeeping or other compliance requirements. No professional services are needed to implement the proposed amendment.

3. Costs:

None. The proposed amendment may result in savings. Excessively prescriptive qualifications for personnel affect the cost of operating juvenile detention and affect all counties using detention. On the other hand, detention operators are not prohibited from hiring staff with more than the minimum qualifications for their position.

4. Minimizing adverse impact:

No adverse impact on rural areas is anticipated from this proposed amendment.

5. Rural area participation:

Amending 9 NYCRR § 180.8 to simplify and streamline personnel requirements was submitted as a mandate relief measure under Executive Order No. 17 and shared with OCFS stakeholders, including rural areas. OCFS received no negative comments from stakeholders regarding this measure.

Job Impact Statement

A full job impact statement has not been prepared for the proposed amendment to 9 NYCRR 180.8 which updates and streamlines personnel requirements for staff of detention facilities. These revisions will not result in the loss of any jobs.