Guidelines for Continuity and Provision of Medical Care

RCNY tit. 41, ch. 3

in effect

41 RCNY § 3-01 Purpose.

§ 3-01 Purpose. (a) It is the treatment philosophy of the Department of Juvenile Justice ("the Department" or "DJJ") to seek the active participation of the resident, his/her parent(s) or legal guardian(s), and previous health care providers, in the care and treatment of residents in the custody of the Department. (b) DJJ recognizes that, as the resident's primary medical provider while in the Department's custody, it is in the best interest of the resident to have accurate and current information concerning the resident's medical and psychiatric cre and medication in order to provide continuity of care. (c) As part of providing a continuum of appropriate health care services, DJJ endorses the principle of continuing previously provided medical and psychiatric are, including medications, in accordance with the procedures set forth below. Medical and psychiatric care and medication which the resident was receiving prior to admission to DJJ shall continue unless modified in accordance with the procedures set forth below.

41 RCNY § 3-02 Parental Involvement.

§ 3-02 Parental Involvement. (a) Upon a youth's admission to a Department facility, DJJ shall promptly seek to have the parent/legal guardian execute appropriate consent forms authorizing routine medical treatment. (b) Whenever, in the course of non-emergency or routine medical care, DJJ proposes a "substantial alteration" to a course of treatment that a resident was receiving prior to his/her admission to the Department, DJJ shall make reasonable efforts to seek the consent of the parent/legal guardian prior to initiating the "substantial alteration". The parent/legal guardian shall have the opportunity to consult with a DJJ physician, physician's assistant, or nurse practitioner regarding the proposed "substantial alteration". (c) For purposes of this chapter, "substantial alteration" shall mean: (1) The proposal to initiate medical or psychiatric care or medication where not previously prescribed for the resident, other than routine medical care or emergency medical treatment; (2) A change in a continuous and uninterrupted course of therapy or medication that had been in effect either at an inpatient facility or by a private physician prior to the resident's admission to the Department. However, changes in the dosage or timing in administering medication which remain consistent with the pharmacological intent of the medication and which are intended to enhance the resident's functional abilities while in DJJ's custody shall not constitute a substantial alteration of a medication regimen. Any such changes in the dosage or timing in administering medication must be based on a specific and clearly identified clinical requirement that is accordingly documented in the patient's record. (3) The substitution of a generic equivalent where the prescription states "dispense as written". (d) If, after reasonable efforts to contact a parent/legal guardian, that person is non-responsive, absent or otherwise uninvolved, DJJ shall treat the resident consistent with his/her medical and psychiatric history and current symptomatology. (e) In the event that DJJ proposes a "substantial alteration" but the parent/legal guardian refuses to consent, then, absent further court intervention, the only treatment that may occur is routine medical care, emergency treatment, and the administration of previously prescribed medications that have been confirmed in accordance with the procedures set forth in 41 RCNY § 3-03 below.

41 RCNY § 3-03 Consultation With Prior Medical Providers.

§ 3-03 Consultation With Prior Medical Providers. (a) If a newly admitted resident had been under the continuous and uninterrupted care of a physician or hospital prior to admission to the Department, upon admission to a DJJ facility, DJJ shall make reasonable efforts to confirm with the prior provider the following information: (1) If from a physician: prescribed medications; significant medical history; and current treatment recommendations; (2) If from a hospital: discharge information; current medications; significant medical history; current treatment recommendations; (3) If from a pharmacy: current medication and prescription renewal information. (b) Where a youth is admitted to DJJ on a medication regimen that is confirmed pursuant to subdivision (a) of this section, DJJ shall continue that medication in accordance with the procedures set forth herein within twenty-four hours of the completion of the initial medical screening. (c) Where the medication is not in the DJJ pharmacological inventory, DJJ will make every reasonable effort to obtain the medication and initiate it as soon thereafter as practicable. (d) If unable to confirm information regarding a resident's medical or psychiatric regimen or medication after reasonable efforts, DJJ shall treat the resident consistent with his/her disclosed history and current symptomatology. (e) In the event that DJJ does not authorize a continuation of the resident's medication regimen, DJJ shall have the resident seen by a doctor within twenty-four hours of the initial medical screening.

41 RCNY § 3-04 Information Regarding Medical and Psychiatric Care and Medications.

§ 3-04 Information Regarding Medical and Psychiatric Care and Medications. (a) When a youth is remanded to DJJ, DJJ shall use a Medication Referral Form (such as the form currently in use, annexed as Appendix A, or a revised form which may be developed by DJJ as needed), to obtain information concerning a resident's current medication regimen from a parent, legal guardian, or prior provider. This form shall be made available in the Courthouse. (b) When a resident is admitted to a DJJ facility, DJJ shall use an Initial Medical Screening Form (Such as the form currently in use, annexed as Appendix B, or a revised form which may be developed by DJJ as needed) to obtain information concerning a resident's current medical and psychiatric care.

41 RCNY § 3-05 Routine Medical Care and Emergency Treatment.

§ 3-05 Routine Medical Care and Emergency Treatment. Nothing in these Guidelines shall preclude DJJ from administering routine medical care and emergency treatment.

41 RCNY § 3-06 Disagreement With Prior Treatment and/or Court-Ordered Treatment.

§ 3-06 Disagreement With Prior Treatment and/or Court-Ordered Treatment. (a) In the event that the parent or legal guardian of a resident is absent, non-responsive or otherwise uninvolved, and DJJ proposes a "substantial alteration" to medical or psychiatric are or medication prescribed by a prior treatment provider, DJJ shall contact the prior treatment provider in accordance with the procedures set forth in 41 RCNY § 3-03 above. In the event that DJJ and a resident's prior treatment provider disagree regarding the resident's treatment, DJJ shall provide written notification of its alternative treatment plan to the Court wherein the delinquency matter is pending by the next business day. (b) At any stage of the proceeding, if a court order is entered directing a resident's course of treatment, that order will be followed unless DJJ returns to court to vacate or modify the order by the next business day. Where an application to vacate or modify cannot be made within 24 hours, DJJ will make every reasonable effort to comply with the court order until an application to vacate or modify can be heard. Appendix A: Medication Referral Form MEDICATION REFERRAL FORM

Appendix B: City of New York Department of Juvenile Justice Form

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-80861Fetched: 10/24/2026