N.Y.C. Admin. Code § 21-906: § 21-906 Incident reports in juvenile justice facilities.

a.

Quarterly incident reports.

1. By January 15, 2025, and no later than 60 days after the end of each quarter thereafter, ACS shall submit a report related to incidents occurring in juvenile justice facilities to the speaker of the council and make such report available on ACS’s website. All data contained in such report must be in a machine-readable format and include a comparison of the data in the current reporting period to the data in the 4 preceding reporting periods, to the extent such information is available. The information required pursuant to this section for each reporting period must be accessible through the city’s open data web portal. Such report must include the number of the following incidents:

(a) use of physical restraint by staff on children;

(b) physical injuries or impairment to children as a result of the use of physical restraint;

(c) use of mechanical restraint by staff on children;

(d) physical injuries or impairment to children as a result of the use of mechanical restraint;

(e) fights and altercations between children;

(f) physical injuries or impairment to children as a result of fights with other children;

(g) physical injuries or impairment to children resulting from any other means not previously mentioned, disaggregated by cause;

(h) physical injury to staff, to the extent known;

(i) biased-based incidents as reported by a child; and

(j) the number of room confinements and the average length of stay for such confinements in secure and specialized secure detention facilities.

2. The data provided pursuant to paragraph 1 of this subdivision shall be disaggregated by the following factors:

(a) secure and specialized secure detention facilities, in total and disaggregated by facility;

(b) non-secure detention facilities, in total;

(c) non-secure placement facilities, in total; and

(d) limited secure placement facilities, in total.

3. For each room confinement in a secure or specialized secure facility reported pursuant to subparagraph (j) of paragraph 1 of this subdivision, such report must include the facility, duration, and reason for each such room confinement.

b.

Annual incident reports.

1. Within 60 days after the end of each fiscal year, ACS shall post a report on its website containing the following data:

(a) the number of allegations made during the fiscal year that a child in a detention or placement facility was a neglected or abused child; and

(b) the number of findings made during the fiscal year by the New York state office of children and family services substantiating allegations that a child in a detention or placement facility was a neglected or abused child, including findings that substantiated allegations made prior to the fiscal year.

2. The data provided pursuant to paragraph 1 of this subdivision shall be disaggregated by the following factors:

(a) secure and specialized secure detention facilities, in total and further disaggregated by facility;

(b) non-secure detention facilities, in total;

(c) non-secure placement facilities, in total; and

(d) limited secure placement facilities, in total.

c.

Oleoresin capsicum spray. If, at any time, the city obtains a waiver pursuant to section 180-3.19 of title 9 of the New York codes, rules and regulations, or a successor regulation, permitting ACS or the department of correction to use oleoresin capsicum spray in a specialized secure detention facility, ACS shall post notice of such waiver on their website no later than 5 days following the receipt of such waiver. Beginning January 15, 2025, and 15 days after the end of each month ACS shall report on all incidents in which oleoresin capsicum spray was used in a juvenile facility, including the following information:

1. the date and time of such use;

2. the number of youths exposed to oleoresin capsicum spray;

3. the ages of all such youths who were exposed;

4. the number of each ACS or department of correction personnel involved in the incident;

5. the number of youth requiring medical attention after such incident; and

6. the facility where such incident occurred.

d. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law related to the privacy of information. If any category requested contains between 1 and 5 youth, the number shall be replaced with a symbol.