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INDEX NO. 45332372023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
In the Matter of a Proceeding for a Judgment
Pursuant to Article 78 of the Civil Practice Law and Rules
TATIANA ROSADO
Petitioner, Index No. 453323/2023
INTERIM ORDER
-against-
Motion Sequence #001
NEW YORK CITY ADMINISTRATION FOR
CHILDREN’S SERVICES, JESS DANNHAUSER, in his
official capacity as Commissioner of New York City
Administration for Children’s Services; and GOOD
SHEPHERD SERVICES; and, MICHELLE YANCHE,
Chief Executive Officer of GOOD SHEPHERD SERVICES|
Respondents.
HON. J. MACHELLE SWEETING, J.S.C.
An Order to Show Cause (Motion Sequence #001) was filed by Petitioner and made
returnable before the court on December 21, 2023. Counsel for both parties appeared before the
court and oral arguments were made on record, the transcript of which is incorporated herein.
Pursuant to the conference, it is hereby:
ORDERED that the Respondents’ determination that Petitioner, Tatiana Rosado (Ms.
Rosado”) (DOB: 11/23/2002) be discharged from the care and custody of the Administration for
Children’s Services is STAYED, provided Ms. Rosado complies with the following conditions:
1 Ms. Rosado must remove all cooking appliances/prohibited items from her room and
comply with all of the terms and conditions of the rules and safety regulations (see
attached rules and safety regulations - “A”); and
Ms. Rosado must comply with room searches and searches of her person in accordance
with 18 NYCRR 441.18; and
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Ms. Rosado must comply with the rules and safety regulations at GSS Marion Hall (see
attached program participant manual — “B”) and;
Ms. Rosado must continue to comply with housing efforts; and
Ms. Rosado must continue to look for employment and;
Ms. Rosado is prohibited from having scissors in her possession at any time; and
Ms. Rosado must not possess any of the items listed on the contraband list (see attached
contraband list —“C”); and
Ms. Rosado must refrain from assault, stalking, harassment, aggravated harassment,
menacing, reckless endangerment, strangulation, criminal obstruction of breathing or
circulation, disorderly conduct, criminal mischief, sexual abuse, sexual misconduct,
forcible touching, intimidation, threats, identity theft, grand larceny, coercion, or any
criminal offense against any residents or staff at Marion Hall
It is further:
ORDERED that the Respondents are prohibited from moving Ms. Rosado from her
current placement at Marion Hall absent further order of this Court; and it is further
ORDERED that Respondents’ time to serve and file a Response to the Order to Show
Cause is extended on consent to December 29, 2023; and it is further
ORDERED that Petitioner shall serve and file a Reply, if any, on January 5, 2024; and it
is further
ORDERED that counsel shall appear in person before this court at 2 p.m. on January
11, 2024 for further proceedings.
12/22/2023
DATE
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED DENIED GRANTED IN PART [x] OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFERIREASSIGN FIDUCIARY APPOINTMENT C] REFERENCE
—_
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RECEIVED NYSCEF: 12/22/2023
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INDEX NO. 453323/2023
FILED: NEW YORK COUNTY CLERK 12/22/2023 04:48 PM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
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*Kitchen is Closed during Overnight hours and School Hours.
**Kitchen will only be opened during the hours of 7am-10am for
youths who are attending school/work.
+*4No Recreational activities until after 3PM (No TV watching)
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NYSCEF DOC. NO. 12. RECEIVED NYSCEF: 12/22/2023
ATTENTION
MARIAN HALL 6
OS uJ Ks ie
aan
Youths will need MEDICAL CLEARANCE if
you are AWOC for 48HOURS or more as
pelpregram rules.
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
Ma n Hall Residence
“Vv Hours
‘Summertime Hours:
Weekdays: 8am -.12am (Sunday —Thursday)
Weekends: 8am — 1am (Friday & Saturday)
Note: From the day after the last day of school — the night before the 1st day of school. Use the
DOE calendar for date clarifications.
- Schoo! Year Hours:
Weekdays: 3pm - 11pm (Sunday -Thursday)
Weekends: 8am - 12am (Friday & Saturday)
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ATTENTION!!! !!
MARIAN HALL 4, 5, 6
PLEASE BE AWARE THAT YOU
WILL BE SEARCHED UPON
ENT : ERING
i
THE BUILDING
See
INDEX NO. 453323/2023
NYSCEF BOC. No. 12 RECEIVED NYSCEF: 12/22/2023
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MS
ES
NOT ATTENDING SCHOOL - (Iday or up Sdays)
if you're absence from school is not pardoned by a verifiable
otal weees Soctor, court, etc...
MISSING SCHEDULED APPOINTMENTS
If you're absence from a scheduled appointment with your Social
Worker or Case Planner.
If you are ano show to a me ais appointment without 24hour
notice.
AWOLING OR CURFEW VIOLATION
if you are out of the building for 24hours or more.
YOUR ALLOWANCE AND PYA/ STIPEND. FUNDS WILL
Se ACED ON HOLD (minimum 1 week)
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INDEX NO. 453323/2023
NYSCEF BOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
HESREeD
SERVICES
Marian Hall
Sanctuary Achievement System
For Program Participants
Program Participant Manual
Revised 10.25.09
Good Shepherd Services | New York, New York
wert .
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INDEX NO. 453323/2023
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
Sanctuary Achievement System
Table of Contents
Topic Page
The Sanctuary Model and The Seven Commitments
Levels and Point Distributions
Level Achievements 5-6
Curfew Chart
Weekend Itinerary Form
Curfew Extension Form
Critical Incidents and Red Flag Status
Sanctuary Achievement System Domains Assessed on a Daily Basis 10-12
Biweekly Tracking Sheet 13-15
Sanctuary Achievement System for Home Visits 16
Sanctuary Achievement System Home Visit Tracking Form 17
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(FILED: NEW YORK COUNTY CLERK 1272272023 04:48 PM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
The Sanctuary Model
Good Shepherd Services is committed to guiding participants in its programs to develop positive
behaviors and support them in assuming increased responsibility for their actions and feelings.
One of the ways GSS seeks to accomplish this is through the implementation of the Sanctuary
Model. This Sanctuary Achievement system is geared to help participants create and maintain a
trauma-sensitive culture and is developed to support the Seven Sanctuary Commitments.
The Seven Sanctuary Commitments
The aim of the Sanctuary Model is to guide programs in the development ofa culture with seven
dominant characteristics, all of which serve goals that are related to trauma resolution. We call
our shared values commitments because everyone in every part of the agency is expected to
practice these Seven Commitments; including participants.
1. Commitment to Non-Violence: living safely outside (physical), inside (emotional), with
others (social) and doing the right thing (moral).
2. Commitment to Emotional Intelligence: managing our feelings so that we don’t hurt
ourselves or others.
3. Commitment to Social Learning: respecting and sharing the ideas of our peers and teams.
4. Commitment to Shared Governance: shared decision making amongst residents and staff.
5. Commitment to Open Communication: Everyone must have the power to speak their own
truth; give words to feelings
6. Commitment to Social Responsibility: together we accomplish more; everyone makes a
contribution to the organizational culture.
7. Commitment to Growth and Change: creating hope for our clients and ourselves.
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The Sanctuary Achievement System is comprised of four levels
> Orientation - learning the structure of the program, adjusting to the
program and group process and begin assuming responsibility,
> Striver - beginning to assume more responsibility and participate more fully in the
program. As a result, youth on this level will earn more achievements.
Achiever - beginning to take on more responsibility and demonstrate leadership
skills; working hard to honor the achievement system. As a result, youth on this level will
have more opportunities and earn more achievements.
Leader - consistently demonstrating leadership skills and positive role
modeling for creating Sanctuary in the program; able to follow the program independently
and has proven to uphoid the principles of the achievement system on a consistent basis.
As a result, youth on this level earn special achievements and have more opportunities for
independent initiatives.
A few things to remember about the achievement system
1 Each resident begins on Orientation level upon intake.
2. Point accrual begins Friday AM thru Thursday PM every two weeks (biweekly).
3 Biweekly points range from 280 to 1,400 (uniess on red flag status).
Points are tallied biweekly on Thursday evening and level achievement begins the next morning
on Friday.
Critical incidents, compromising any form of safety, will automatically place a resident on “Red
Flag” status regardless of their current level. Further explanation about Critical Incidents and Red
Flag status is located on page 9.
Level and Point Distributions
> Orientation 280-488
> Striver 489-908
> Achiever 909-1188
> Leader 1189-1400
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Level Achievements *Please Note: Weekdays Sun, Mon, Tues, Wed and Thurs
Weekends Fri and Sat, Holidays and Summer Schedule
Orientation:
> Participate in program activities and recreation
> Weekdays: Eligible for independent time outside of the program up to
30 minutes per day before 7:00 PM — if time permits and upon completion of daily program
requirements
y>
Weekends: Eligible for independent time outside of the program
Up to 1 hour per day with approval from Program Coordinator and/or Senior YDC in
advance (must submit a weekend itinerary by Friday). This decision is made in collaboration
with primary counselor, senior YDC, and social worker.
Curfew is determined based on level status and age
Please see curfew chart on page 6
> Allowance $4.00 biweekly
Able to complete additional chores for extra allowance (max $4.00 / biweekly)
Striver:
> Participate in program activities and recreation
> Weekdays: Eligible for independent time outside of the program up to
1 hour per day before 7:00 PM - if time permits and upon completion of daily program
requirements
> Weekends: Eligible for independent time outside of the program
up to 5 hours per day (must submit a weekend itinerary)
May leave program no earlier than 9:00 AM
Curfew is determined based on level status and age
Please see curfew chart on page 6
> Allowance $8.00 biweekly
> Able to complete additional chores for extra allowance (max $6.00 / biweekly)
> Eligible to apply for MH Job Readiness Program
Achiever:
> Participate in program activities and recreation
> Weekdays: Eligible for independent time outside of the program
up to 3.0 hours per day before 9:00 PM- if time permits and upon completion of daily
program: requirements
For participants 15 yrs. old and younger independent time and curfew will be assessed on an
individual basis in collaboration with program team and family, when possible.
Weekends: Eligible for independent time outside of the program
up to 7 hours per day (must submit a weekend itinerary)
May leave program no earlier than 9:00 AM
Curfew is determined based on level status and age
Please see curfew chart on page 6
Allowance $10.00 biweekly
> Able to complete additional chores for extra allowance (max $8.00 / biweekly)
Eligible to apply for a MH Job Readiness Program
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
Leader:
» Participate in program activities and recreation
> Weekdays: Eligible for independent time outside of the program
up to 4.0 hours per day before 10:00 PM - if time permits and upon completion of daily
program requirements
For participants 15 yrs. old and younger independent time and curfew will be assessed on
an individual basis in collaboration with program team and family, when possible.
>» Weekends: Eligible for independent time outside of the program
up to 10 hours per day (must submit a weekend itinerary).
May leave program no earlier than 9:00 AM.
Curfew is determined based on level status and age
Please see curfew chart on page 6
> Allowance $20.00 biweekly
>» Able to complete additional chores for extra allowance (max $10.00 / biweekly)
5> Eligible to apply for MH Job Readiness Program
Marian Hall Curfew Chart
Weekdays Sun, Mon, Tues, Wed and Thurs
Orientation 7:00 PM
Striver 7:00 PM
Achiever 9:00 PM |
| Leader 10:00 PM |
Weekends Fri and Sat, Holidays and Summer Schedule (approximately last two week in August)
Orientation All youth approved must return by |
15 Yrs. and younger TBD
16 Yrs.+ 8:00 PM |
Striver 15 Yrs. and younger TBD
16-17 Yrs. 9:30 PM
18+ Yrs. 10:30 PM
Achiever 15 Yrs. and younger TBD
16-17 Yrs. 11:00 PM
*18 + Yrs. 12:00 AM
Leader 15 Yrs. and younger TBD
16-17 Yrs. 12:00 AM
*18 + Yrs. 1:00 AM
*Curfew Extensions: May only be given to 18+ *Youth 15 Yrs. and younger: Curfew will
Yrs. youth on Achiever and Leader status with be assessed on an individual basis in
prior approval by Program Coordinator and/or collaboration with program team and
Senior YDC. A Curfew Extension Form must be family, when possible.
completed by youth and submitted by Wednesday
to be considered for a weekend curfew extension.
Limit of two curfew extensions per month
L
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INDEX NO. 453323/2023
FILED: NEW YORK COUNTY CLERK 1272272023 04:48 PM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
Marian Hall Weekend Itinerary Form
Name:
Achievement Level:
Approved Independent Time / Hours Per Day:
Day: Date Departure Time:
Destination:
Day’s Itinerary:
Return Time:
Staff Signature:
Day: Date Departure Time:
Destination:
Day’s Itinerary
Return Time:
Staff Signature
Day: Date Departure Time:
Destination:
Day’s Itinerary
Return Time:
Staff Signature
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INDEX NO. 453323/2023
FILED: NEW YORK COUNTY CLERK 12/22/2023 04:48 PM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
Marian Hall Weekend Curfew Extension Form
. Curfew Extensions may only be given to 18+ Yrs. youth on Achiever and Leader level with prior approval
by Program Coordinator and/or Senior YDC.
A Curfew Extension Form must be completed by youth and submitted by Wednesday to be considered for
a weekend curfew extension.
There is a limit of two curfew extensions per month.
Name:
Achievement Level:
Approved Independent Time / Hours Per Day:
Requesting Curfew Extension for the following Day/s below:
Day: Date:
Approved Curfew Time Based on Age/Level:
Requested Curfew Extension Time:
Reason for Extension:
(Program Coordinator and/or Senior YDC fill out below)
Staff Approved Extension: YES NO If No, Please Explain Why:
Approved Curfew Extension Time:
Staff Signature:
Day: Date:
Approved Curfew Time Based on Age/Level:
Requested Curfew Extension Time:
Reason for Extension:
(Program Coordinator and/or Senior YDC fill out below)
Staff Approved Extension: YES NO If No, Please Explain Why:
Approved Curfew Extension Time:
Staff Signature:
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INDEX NO. 453323/2023
FILED: NEW YORK COUNTY CLERK 12/22/2023 04:48 PM
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
Critical Incidents and Red Flag Status
While at Marian Hall, youth are encouraged to maintain a safe environment for themselves and
others. Safety breaches, or critical incidents, will not be tolerated. As a result, youth who
comprise the safety of oneself or others while at Marian Hall will be placed on Red Flag status.
Critical incidents include, but are not limited to:
Verbal and/or physical aggression
AWOLing
Helping others to AWOL
Stealing
Smoking in the building
Weapons possession
Defacing property
Pulling a false fire alarm
Wandering/trespassing in unauthorized areas of the building
Engaging in any form of sexual activity within the program
Alcohol! and/or illegal drug possession
Physically harming oneself or other/s
Involvement in unlawful activities within the program and/or within the community.
Red Flag Status Procedure:
1. Youth will be placed on Red Flag status for 3 days and will return to Orientation level upon
completion of the 3 days. Youth will not receive points while on Red Flag status and will begin to
accrue points only when placed back on Orientation. The only exception to this is when the
program team/staff feels it is necessary to further assess the situation. In this case, a Red Flag
meeting* may be called to address the concerns at hand and to plan for the next appropriate steps
or to decrease Red Flag status to less than 3 days. The meeting should follow the Red Flag
protocol.
2. While on Red Flag status, youth are able to participate in program activities and recreation as
deemed appropriate by staff.
3. If youth has been on Red Flag status at any point within a biweekly cycle, youth may not
complete additional chores for extra allowance (even when placed back on Orientation). If chores
were completed for extra allowance prior to youth receiving Red Flag status within a biweekly
cycle, youth will receive the extra allowance earned.
4. If a youth is placed on Red Flag status at any point during the biweekly cycle she will receive
Red Flag allowance in the amount of $1.00 (biweekly).
5. Youth may also be placed on Red Flag status if point accrual is equal to or less than 279 in a
biweekly cycle. In this case, youth begins the new cycle on Red Flag status and follows
procedures | to 4 as described above.
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
Sanctuary Achievement System Domains Assessed on a Daily Basis
Youth will be assessed on their daily progress in the following 12 areas.
Staff will rate the daily progress of youth in each of the 12 domains using the rating scale
below:
5 = Strongly Agree
Agree
eutral
2= isagree
1= trongly Disagree | Significant Area for Growth
Demonstrates cooperation with the day’s plan
Wakes up on time
Maintains proper hygiene (brush teeth/hair, washes face, showers, etc.)
Prepares for school and/or work (proper attire, school books, etc.)
Attends school and/or work on time and notifies staff when leaving the building.
Attends al | daily scheduled appointments (if applicable)
Demonstrates cooperation with evening’s plan
Effectively utilizes study hour to do homework, prepare for class, tutoring, etc.
Participates in PYA groups and community meetings
Returns at designated curfew on time
Goes to bed at designated time without incident
Maintains low noise level while in bedroom
Commitment to Nonviolence
Uses appropriate language in speaking and conversing with others
Maintains safe and positive interactions with peers
Handles conflicts appropriately if/when conflict arises
Maintains physical safety with others (does not engage in fighting, hitting, provoking, gesturing,
destroying property, etc.).
Maintains emotional safety with others (does not threaten, bully, verbally assault, gossip, etc.)
Commitment to Emotional Intelligence
States feeling/s during Sanctuary Community Meeting
Uses safety plan to help regulate emotions
Able to articulate feelings to staff and peers
Understands the SELF model of Sanctuary and refers to this in times of stress
Maintains healthy and appropriate attachments with staff and peers
10
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Commitment to Social Learning
Appropriately participates in required program activities with peers (groups, outings, recreation, etc.)
Assumes responsibility for one’s actions
Improvement with decision making skills
Able to learn from conflicts/concerns raised in the community
Respects different points of view
Commitment to Shared Governance
Participates in shared decision making
Participates in shared problem solving in the community
Able to use emotional management skills when community issues are discussed
Demonstrates fair play and trust building in the community
Works on leadership skiils
Commitment to Open Communication
Communicates well with staff (includes notifying staff when leaving the floor/building)
Communicates well with peers
Uses positive communication skills in confronting negative behavior
Able to discuss problems in an open and productive fashion
Able to listen and accept feedback from others
Commitment to Social Responsibility
Maintains a clean bedroom / bathroom / shower room
Maintains proper dress attire
Maintains appropriate table manners and cleans up after self
Satisfactory completes. designated chores
Adheres to fire drill protocol
Commitment to Growth and Change
Works on achieving personal weekly goal
Able to understand how safety, emotional management and loss are connected to future
Makes effort to grow, change and adapt by attending various counseling sessions
Attends specialized support services, as identified (for example: sub abuse, ed-voc, housing, etc.)
Able to develop imagination, creativity and a vision of a better future
10. Demonstrates Leadership
Strives to uphold the principals of the Sanctuary achievement system
Consistently assists and supports peer around positive programming and adjustment
Demonstrates positive leadership skills in actions and words
Takes an active role in planning for the future
Participates in creating a safe environment by informing staff on shift when leaving the floor/building,
11
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11. Demonstrates cooperation with overnight plan
Returns at designated curfew on time
Remains in room without incident and does not go into peers’ room during the night
Maintains appropriate noise level
Appropriately complies with room checks and fire drills
Displays a respectful attitude towards staff and peers
12. Maintains safety during the overnight
Maintains physical safety with others (does not engage in fighting, hitting, provoking, gesturing,
destroying property, etc.).
Maintains emotional safety with others (does not threaten, bully, verbally assault, gossip, etc.)
In time of crisis uses safety plan to help regulate emotions and refers to the SELF language of Sanctuary
Communicates. with staff and peers in an appropriate fashion
Uses positive communication skills in confronting negative behavior
12
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FILED: NEW YORK COUNTY CLERK 1272272023 04:48 PM INDEX NO. 453323/2023
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/22/2023
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF 12/22/2023
Marian Hall Sanctuary Achievement System for Home Visits
Social Workers will ask caregiver to give feedback on 10 domains to assess how
youth did during overnight, weekend and holiday home visits.
The scale below is used to rate progress of resident:
5= Very Often
4= Often
3 = Somewhat
2 = Minimally
1 = Strongly Disagree | Significant Area for Growth
Domains
] Adheres to designated curfew
2 Satisfactory completes chores as assigned by caregiver
3 Shows an improvement in decision making skills
4. Uses appropriate language in speaking and conversing with others
Maintains safe and positive interactions with caregiver/s and family members
Maintains safe and positive interactions with peers
Handles conflicts appropriately if/when conflict arises
Maintains physical safety with others (does no