Office of Children and Family Services

Legislation and Regulations

Regulations Filed for Public Comment

A proposed regulation filed for public comment is a new proposed regulation, or an amendment or repeal of an existing regulation, which OCFS is considering adopting on a permanent basis. A proposed regulation is filed with the Secretary of State and published in the State Register to notify and afford the public an opportunity to comment. The comment period generally is 60 days from the date of publication in the State Register after which time OCFS must assess any comments received. If OCFS decides not to make any substantial changes to a proposed regulation based upon the assessment of public comment, then the regulation may be permanently adopted by OCFS. However, if OCFS decides to make substantial changes to a proposed regulation, then OCFS must file a Notice of Revised Rulemaking for publication in the State Register. The comment period for a revised rulemaking is 45 days from the date of publication in the State Register. OCFS must assess any comments received during this public comment period before permanently adopting the regulation.

Notice of Proposed Rulemaking - Amendment of Sections 165-5.6, 166-5.5 and 166-5.6 Title 9 NYCRR and Sections 409.5 and 409.6 of Title 18 NYCRR

These regulations are necessary to remove the "soft cap" on the Executive Order No. 38 regulations.


Notice of Emergency Adoption and Revised Rulemaking - Immunization Requirements- Amendment of Sections 416.11, 417.11, 418-1.11, 418-2.11

The revised regulations are necessary to comply with Section 2164 of the Public Health Law regarding immunization requirements.


Notice of Proposed Rulemaking – Amendment of 441.4, 441.17, 441.22 and 442.2 of Title 18 NYCRR - Behavioral Health Services, Elimination of Room Isolation and Operation of De-escalation Room Proposed Regulations

These regulations are necessary to implement standards for behavioral health services and the operation of de-escalation rooms and to eliminate room isolation.


Notice of Proposed Rule Making – Amendment of Section 168.7 of Title 9 NYCRR - Youth Records

These regulations are necessary to modify the scope of permissible disclosure of youth records.


Submit comments to:

New York State Office of Children and Family Services
52 Washington Street, Room 133 North
Rensselaer, NY 12144
Fax: (518) 486-6378
E-mail: regcomments@ocfs.ny.gov