(b) A youth may be assigned a room on a temporary basis within a different area when there is no room in the temporary area or when creating such a room in the area designated for orientation would be cause for significant disruption. Such circumstances include, but are not limited to:

1. (1) youth who are admitted after residents are in bedrooms for the night;
2. (2) lack of available free rooms in the area designated for orientation; or
3. (3) when placing the youth in the area designated for orientation could be dangerous to the youth due to the other youth already placed in the orientation area.

(e) Otherwise, in arriving at a determination of each youth’s room or housing area assignment, the facility director shall base such determination on the following information, if such information is available and accessible:

1. (1) gender/gender identity or expression;
2. (2) sexual orientation;
3. (3) criminal or delinquent history;
4. (4) propensity for violence and/or victimization;
5. (5) medical/mental health history including any developmental disability;
6. (6) history of problematic sexual behavior;
7. (7) history of aggression with other residents;
8. (8) prior attempts at self-injury or suicide;
9. (9) history of being absent without consent from prior placements or escape;
10. (10) behavior during present and prior commitments, including any history of assaultive behavior; and
11. (11) any other information that may affect the safety and security of the youth or staff.

(g) In considering the information contained in subdivision (e) of this section, the facility director shall examine and verify the following, where available and appropriate:

1. (1) records made available from the court or the delivering jurisdiction;
2. (2) information obtained during a youth’s initial screening and assessment by the facility;
3. (3) records, to the extent relevant, known, accessible and available, to the facility director that are prepared at or maintained by any detention facility in the State;
4. (4) information obtained from mental health treatment providers in accordance with the Mental Hygiene Law;
5. (5) information disclosed by the facility medical director and/or mental health supervisory staff that they believe is or may be relevant in determining the resident’s risk, security and supervision, and special needs requirements, or that may affect the life, safety, or welfare of the resident or any other person; and
6. (6) any other relevant information concerning a resident's condition brought to the attention of the facility director or any other staff by any person.