reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.5 - Compliance with State and local laws, regulations and codes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Facilities providing shelter for families
		    for which a social services district seeks reimbursement must be operated in
		    accordance with all applicable State and local laws, regulations and codes
		    relating to the following:
(1) building and
		    construction of physical plants;
(2) fire prevention and fire
		    protection;
(3) plumbing and water
		    supply;
(4) heating and electrical
		    systems;
(5) kitchen and food
		    service;
(6) sanitation and
		    maintenance; and
(7) health and
		    safety.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.6 - Compliance with State and local laws, regulations, and codes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Shelters for families for which a social
		    services district seeks reimbursement must be operated in accordance with State
		    and local laws, regulations, and codes relating to:
(1) building and construction of physical
		    plants;
(2) fire prevention and
		    fire protection;
(3) plumbing and
		    water supply;
(4) heating and
		    electrical systems;
(5) kitchens
		    and food preparation facilities, where applicable;
(6) sanitation and maintenance; and
(7) health and safety.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.7 - Limitation on stays in tier I facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In no event may a family be kept in a
		    tier I facility for more than 21 days, unless the conditions set forth in
		    subdivision (b) of his section are met. On or before the 21st day, a family
		    residing in a tier I facility must be referred to permanent housing, to a tier
		    II facility, or to a hotel or motel accommodation regulated in accordance with
		    section
		    352.3(e) through
		    (h)  of this Title. Such referral must be made
		    to the best available setting, based on the availability of space and the needs
		    of the family as determined by the local social services district. Any referral
		    must be made in light of the community ties and educational needs of the family
		    and the children in the family. Once such a referral has been made, a family
		    cannot be subsequently referred to a tier I facility except under the following
		    circumstances:
(1) the family moved to
		    permanent housing but has returned to the shelter system;
(2) the family's hotel/motel placement was
		    terminated by the local district in accordance with the procedures established
		    by and upon the grounds established by the district, the procedures and grounds
		    have been approved by the department and the family has returned to the shelter
		    system; provided, however, a family may not e be subsequently referred to a
		    tier I facility from a hotel/motel when the family's residency at the
		    hotel/motel ends because the hotel/motel accepted the family for a time limited
		    period;
(3) the family consists of
		    a childless couple which has requested to remain together and which was a
		    legally married couple or a couple who were residing together as a household
		    prior to and at the time they became homeless; or
(4) in accordance with section
		    900.8 
		    of this Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.9 - Resident obligations/rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The facility must promulgate reasonable
		    resident rules governing day-to-day life and activities in the facility and
		    post these rules in a location accessible to residents and visitors.
(b) Upon admission, families must be provided
		    with a copy of the facility rules setting forth their rights and
		    responsibilities while residing in the facility.
(c) At a minimum, the facility must afford
		    each resident the following rights and protections which will be set forth in
		    the resident rules:
(1) the right to remain
		    in the facility and not to be involuntarily transferred or discharged except as
		    provided in this Part;
(2) the
		    right to receive visitors in designated areas of the facility during reasonable
		    hours as specified in the resident rules;
(3) the right to exercise one's civil
		    rights;
(4) the right to religious
		    liberty;
(5) the right to have
		    private written and verbal communications including the right to meet with
		    legal representatives and legal counsel. The resident rules must not restrict
		    access by legal representatives and legal counsel to any areas of the facility.
		    Any requirements as to prior notice, hours of access, or access to private
		    family areas shall be set forth in the resident rules;
(6) the right to present grievances on one's
		    own behalf, or on behalf of other residents, to the operator or operator's
		    designee and/or to the local social services district without fear of
		    reprisal;
(7) the right to manage
		    one's own financial affairs;
(8)
		    the right to confidential treatment of personal, social, financial and medical
		    records;
(9) the right to receive
		    courteous, fair and respectful care and treatment;
(10) the right to be free from restraint or
		    confinement;
(11) the right to
		    receive and send mail or any other correspondence without interception or
		    interference; and
(12) the right to
		    leave and return to the facility and grounds at reasonable hours in accordance
		    with the rules of the facility.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.10 - Resident services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
		    facilities.
(1) In all facilities, families
		    must be provided with services which include at a minimum: sleeping area,
		    access to three meals a day, supervision, and health services. In addition,
		    facilities must assist residents in making application for income entitlements
		    or public benefits such as public assistance, medical assistance, food stamps,
		    Supplemental Security Income, title XX or child welfare or unemployment
		    benefits. Procedures must be developed for each facility which will allow
		    residents of the facility to apply for benefits at the nearest income
		    maintenance center or social services district office.
(2) Health services.
(i) Facilities must have an established
		    relationship with a fully accredited medical institution or clinic for the
		    referral of families for emergency treatment. Facilities must assist families
		    to access medical services for initial examinations and treatment for illness
		    and disease.
(ii) Family members
		    with minor communicable diseases, or who have minor localized infections, must
		    be properly isolated and quarantined if allowed to remain in the
		    facility.
(iii) Family members with
		    a generalized systemic communicable disease, or a readily communicable local
		    infection which cannot be properly isolated and quarantined in the facility
		    must be transferred to an appropriate medical facility or to another shelter
		    facility which is designed to accommodate such a condition.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.11 - Facility charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To the
		    extent that a resident family has income, it must pay for the actual costs of
		    its care, pursuant to the budgeting requirements set forth in Part 352 of this
		    Title. For recipients of Emergency Assistance to Needy Families with Children,
		    Family Assistance, Safety Net Assistance, Veteran Assistance, Emergency
		    Assistance for Adults, SSI, or additional State payments, public assistance
		    budgeting rules set forth in Part 352 of this Title must be used in determining
		    the amount of available income to be applied toward the costs of
		    care.
(b) Any amounts which are not
		    permitted to be counted as income under the assistance program applicable to
		    the family shall not be counted as income for purposes of this
		    section.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.13 - Resident funds and valuables

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
		    operator of a shelter for families who receives any funds or property from a
		    resident or who acts in any way as a financial agent for a resident, either
		    formally or informally, shall issue a signed receipt to the resident noting the
		    date, amount or description of property and the nature of the transaction.
		    Records of all transactions must be maintained as part of the operator's
		    permanent records.
(b)
Resident fund accounts.
(1) The
		    operator may offer a resident an opportunity to place personal funds in a
		    facility-maintained account.
(2)
		    The operator shall not require a resident to maintain a personal fund account
		    at the facility.
(3) The operator
		    shall provide for the safekeeping and accountability of resident
		    funds.
(4) The operator shall hold
		    resident funds in trust for the sole use of the resident and shall not use
		    these funds for any other purpose.
(5) Resident funds shall not be commingled
		    with the personal funds of the operator or the operating funds of the facility
		    or become an asset of the operator.
(6) The resident may terminate the personal
		    fund account at any time.
(7) No
		    service fee shall be charged by the operator for maintaining a fund account for
		    a resident.
(8) A system of
		    recordkeeping for resident personal funds shall be described in the operational
		    plan submitted for office approval.
(9) Upon change of ownership, the current
		    operator shall transfer all records and provide the new operator with a written
		    statement of all resident personal fund accounts. This statement shall verify
		    that the balance being transferred in each resident fund account is true and
		    accurate as of the date of transfer and shall be confirmed by resident
		    signatures.
(10) At change of
		    ownership, the new owner shall assume, in writing, responsibility for account
		    balances turned over at the change of ownership together with responsibility
		    for all requirements of this section.
(11) Each resident shall have the
		    opportunity, during business hours, to examine his/her personal fund account
		    records upon request made at least one business day in advance.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.16 - Serious incidents and incident reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event of the serious injury or
		    death of a resident, the operator shall:
(1)
		    immediately obtain necessary assistance and services;
(2) notify the resident's representative, or
		    next of kin, if known and if the resident's consent has been provided,
		    and
(3) notify the appropriate
		    local authorities.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.17 - Food service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    operator of a shelter for families shall make provision to ensure that
		    residents can conveniently obtain three well-balanced meals daily. Residents
		    may not be charged for these meals.
(b) Meal service may be provided at the
		    facility, or outside the facility, whether directly or through contractual
		    arrangements, or in restaurants through the use of restaurant allowances or
		    voucher arrangements.
(c)
On-site meal preparation.
(1) In
		    shelters that prepare meals for residents, food-buying and menu-planning
		    arrangements must be overseen by a staff member, consulting dietician, or
		    volunteer sufficiently knowledgeable in nutrition and dietetics to ensure the
		    planning of well-balanced meals and the purchase, storage and preparation of
		    good quality food and sufficient quantity so that adult and child residents,
		    including pregnant persons and infants, receive at least three nutritional
		    meals and appropriate healthful snacks daily.
(2) Menus shall be planned at least 10 days
		    in advance.
(3) Menus must be
		    maintained for at least two weeks and shall be available for office
		    review.
(4) Shelters that prepare
		    meals for residents shall have kitchens or food preparation and service
		    facilities.
(5) Food preparation,
		    service and storage methods shall protect against contamination and
		    spoilage.
(6) All kitchens or food
		    preparation areas shall be adequately lighted, ventilated, and provided with
		    essential and proper equipment for food storage, refrigeration, freezing,
		    preparation and serving, for the number of residents to be served.
(7) The food service area shall be provided
		    with sufficient and suitable space and equipment to maintain efficient and
		    sanitary operation of all required functions.
(8) All kitchen equipment and surroundings
		    shall be kept clean, and garbage and trash shall be kept in suitably covered
		    containers and removed regularly.
(9) The operator of every shelter for
		    families shall comply with applicable county or local health and fire
		    regulations, codes and ordinances.
(10) The operator of any facility with 40 or
		    more residents shall comply with the New York State Sanitary Code (10 NYCRR,
		    Part 14).
(11) In the event that a
		    facility has been inspected by the State or local health authorities, a record
		    of such inspection shall be kept on file at the facility for review by the
		    office.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.18 - Facility charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To the
		    extent that a resident family has income, the family must pay for the actual
		    costs of its care, pursuant to the budgeting requirements set forth in Part 352
		    of this Title. For recipients of Emergency Assistance to Needy Families with
		    Children, Family Assistance, Safety Net Assistance, Veteran Assistance, or
		    Emergency Assistance to Aged, Blind and Disabled Persons, public assistance
		    budgeting rules set forth in Part 352 of this Title must be used in determining
		    the amount of available income to be applied toward the costs of
		    care.
(b) Any amounts which are not
		    permitted to be counted as income under the assistance program applicable to
		    the family shall not be counted as income for purposes of this
		    section.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.19 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
		    Operators of shelters for families shall collect and maintain such information,
		    records or reports as determined by the office to be necessary.
(b) Operators of shelters for families shall
		    supply and provide access to such information and records in such form and at
		    such times as the office shall determine.
(c) No substitute for office forms may be
		    made without prior written approval of the office.
(d) The office may request from any other
		    State or local agency, including but not limited to the Office of Children and
		    Family Services, the Office of Mental Health, and the Department of Health, and
		    such other State or local agency shall furnish, such information as the office
		    may require for the proper performance of its duties.
(e) Other State agencies may request such
		    information as those agencies may require for the proper discharge of their
		    duties. Such agencies shall safeguard the confidentiality of such information,
		    records and reports in the same manner as does the office.
(f)
Confidentiality.
(1) Officers or employees of the office shall
		    maintain the confidentiality of facts and information obtained as the result of
		    any inspection or investigation of a facility.
(2) Operators must maintain the
		    confidentiality of facts and information obtained and retained as part of
		    individual resident records. No facts and information retained as part of
		    individual resident records may be released to anyone other than the resident,
		    the next of kin or authorized representatives of the resident, or an employee
		    or designee of the office without the written permission of the resident,
		    provided that confidential HIV-related information concerning residents must be
		    maintained in accordance with section 900.20  of this Title.
(3) Operators must maintain confidential
		    HIV-related information concerning employees, volunteers, applicants for
		    employment and prospective residents in accordance with section 491.20  of this
		    Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.20 - Confidentiality of HIV- and AIDS-related information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An operator or employee of a shelter for
		    families must not require that an applicant for employment, volunteer,
		    prospective resident, resident or employee be tested for HIV.
(b) An operator or employee of a shelter for
		    families must not require an applicant for employment, volunteer, prospective
		    resident, resident or employee to disclose confidential HIV-related
		    information.
(c) Confidential
		    HIV-related information means any information, in the possession of a person
		    who provides one or more health or social services or who obtains the
		    information pursuant to a release of confidential HIV-related information,
		    concerning whether an individual has been the subject of an HIV-related test,
		    or has HIV infection, HIV-related illness or AIDS, or information which
		    identifies or reasonably could identify an individual as having one or more of
		    such conditions, including information pertaining to such individual's
		    contacts. The terms HIV-related test, HIV infection, HIV-related illness and
		    AIDS are defined in section
		    360-8.1 
		    of this Title.
(d) The HIV status
		    of an applicant for employment, prospective resident, resident, volunteer or
		    employee cannot be used as the sole basis to deny admission, retention or
		    employability.
(e) Confidential
		    HIV-related information may be disclosed by an operator, employee or volunteer
		    only in accordance with the procedures set forth in this section and only as
		    necessary to provide appropriate services to a resident.
(f)
(1) The
		    operator of a shelter for families must maintain the confidentiality of
		    individual resident records, and not release information in a resident record
		    to anyone other than the resident, next of kin or authorized representative of
		    the resident, an employee or designee of the office or employees of the
		    facility providing social services without the resident's written permission,
		    provided that confidential HIV-related information concerning residents must be
		    maintained in accordance with this section.
(2) The operator of a shelter for families
		    must maintain confidential HIV-related information concerning employees,
		    volunteers, applicants for employment and prospective residents in accordance
		    with this section.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.21 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event
		    that an operator of a shelter for families contracts with a separate
		    independent entity to perform any of the facility operations, the following
		    conditions shall apply:
(1) The contractor
		    shall demonstrate to the satisfaction of the operator that the contractor is:
(i) financially stable; and
(ii) able, by reason of past performance or
		    like qualification, to perform the duties delegated by the operator.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.23 - Investigations, immediate emergency measures and enforcement powers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Investigations.
(1) The office
		    may undertake an investigation of the affairs and management of any shelter for
		    families, or of any person, corporation, society, association or organization
		    that operates or holds itself out as being authorized to operate any such
		    facility, or of the conduct of any officers or employers of any such facility.
		    The office is empowered to issue compulsory process for the attendance of
		    witnesses and the production of papers, to administer oaths and to examine
		    persons under oath, and to exercise the same powers with respect to the conduct
		    of such an investigation as belong to referees appointed by the Supreme Court
		    of the State of New York.
(2) If it
		    shall appear after such investigation that the residents of the facility are
		    cruelly, negligently or improperly treated, or that inadequate provision is
		    made for their sustenance, clothing, care, supervision or other condition
		    necessary for their comfort and well-being, the office, may issue an order in
		    the name of the people, and under the official seal of the State, directing the
		    appropriate officers or managers of such facility to modify such treatment or
		    provide such other remedy as may be specified therein. Before any such order is
		    issued, it must be approved by a justice of the Supreme Court, after such
		    notice as they may prescribe and after an opportunity to be heard, and any
		    person to whom such an order is directed who shall intentionally fail or refuse
		    to obey its terms shall be guilty of a misdemeanor.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.26 - Civil penalties

Current through Register Vol. 46, No. 28, July 10, 2024
The office may assess civil penalties of $1,000 per day
			 against the operators of shelters for families for violations of these
			 regulations or of an order issued pursuant to subdivision 8 of section 460-d  of the Social Services Law or
			 section 900.22(f)  of this part, where it establishes at a hearing held pursuant
			 to Part 493 of this Title that the violations endangered residents or resulted
			 in harm to a resident. Civil penalties shall be calculated from either the date
			 that a notice of violation is issued to the operator by the office, or the date
			 on which the violation occurs, if earlier, and shall cease to run on the date
			 that correction is made subject to verification by the office. Violations that
			 endanger residents may include, without limitation:
(a) the substantial failure of the facility's
		    fire protection or prevention systems required by section
		    900.18(b) 
		    of this Part. Substantial failure will have occurred if more than half of the
		    individual smoke and carbon monoxide detectors or fire sensors or alarm units
		    are inoperative;
(b) the failure of
		    a substantial number of the facility's fire extinguishers to comply with
		    section
		    900.18(b)(7) 
		    of this Part;
(c) the failure to
		    maintain two means of egress from each floor of a facility on which 11 or more
		    residents are housed, as required by section
		    900.18(b)(5)-(6) 
		    of this Part;
(d) the failure to
		    implement appropriate measures to control access to the shelter, including but
		    not limited to admittance procedures for persons entering the facility and the
		    installation and use of safety locks on exit and entry doors or other suitable
		    security devices;
(e) the failure
		    to monitor or conduct surveillance of the grounds, facility and activities of
		    the residents;
(f) the failure to
		    remediate apparent structural defects or deficiencies in building components
		    such as foundations, walls, roofs, stairs, ceilings, floors, floor coverings,
		    doors, and windows that render the facility unsafe or unfit for human
		    habitation; and
(g) the failure to
		    remediate known defects in utility and building systems such as electric,
		    water, gas, heat, ventilation, plumbing, sewage that render the facility unsafe
		    or unfit for human habitation.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.28 - Special needs allowance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Social
		    services districts shall provide special needs allowances to families and to
		    pregnant persons residing in shelters for families, to the extent eligible, as
		    set forth in the following schedule:
One
Two
Three
Four
Five
Six
Each additional person
$63
$126
$189
$252
$315
$378
$63
For shelters for families providing fewer than three meals
			 per day, the needs allowance shall be equal to the allowances for a family of
			 the same number of persons under subdivisions 3, 3-c and 3-d of section 131-a  of the Social Services Law, plus an
			 allowance for restaurant meals under schedule SA-5 pursuant to section
			 352.7(c) 
			 of this Title.
(b) Social
		    services districts must provide a monthly special needs allowance to homeless
		    pregnant persons residing in congregate shelters for homeless pregnant persons
		    in the amount of $45 per resident.
(c) A monthly allowance of $50 shall be added
		    to the appropriate monthly special needs allowance of any pregnant person
		    beginning with the fourth month of pregnancy or the month in which medical
		    verification of the pregnancy is presented to the district, whichever is
		    later.
(d) Allowances shall not be
		    provided where they would duplicate grants or allowances already received,
		    unless the general requirements governing replacement grants are
		    satisfied.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 901 - Mandated Reporter Requirement and Background Checks › Subpart 901-2 - CRIMINAL HISTORY INFORMATION REVIEWS › Section 901-2.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall apply to every provider of services to
			   publicly-funded emergency shelters for families with children as defined in
			   section 901-2.2  of this Subpart.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 901 - Mandated Reporter Requirement and Background Checks › Subpart 901-2 - CRIMINAL HISTORY INFORMATION REVIEWS › Section 901-2.4 - Criminal history information review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Division shall promptly provide the
			 results of the criminal history check to the provider of services only by a
			 method of secure and confidential delivery, and such information shall at all
			 times be maintained, where authorized by the Division, by the authorized
			 person(s) for the provider of services in a secure place.
(b) Upon receipt of any criminal history
			 information from the Division, the provider of services shall assess the
			 information to consider and determine whether to approve or disapprove the
			 prospective employee, prospective consultant, prospective volunteer or
			 prospective assistant in accordance with the provisions of Article 23-A of the
			 Correction Law and subdivisions (15) and (16) of section 296  of the Executive Law.
(c) If the criminal background check
			 indicates that the subject individual has no known criminal history, the
			 provider of services shall continue consideration of the subject individual's
			 application.
(d) Where the criminal
			 history record of a prospective employee, prospective volunteer, prospective
			 consultant or prospective assistant reveals a pending charge for any felony,
			 the provider of services shall hold the application in abeyance until the
			 charge is finally resolved.
(e)
			 Where the criminal history record of a prospective employee, prospective
			 volunteer, prospective consultant or prospective assistant reveals a pending
			 charge for any misdemeanor, the provider of services may hold the application
			 in abeyance until the charge is finally resolved.
(f) Prior to making a determination to deny a
			 subject individual's application, the provider of services shall afford the
			 prospective employee, prospective volunteer, prospective consultant or
			 prospective assistant an opportunity to explain in writing, within 15 calendar
			 days from the date the notification was mailed, why the application should not
			 be denied. The prospective employee, prospective volunteer, prospective
			 consultant or prospective assistant may request an extension of up to 15 days.
			 The opportunity for an explanation shall be sent non-electronically, in a
			 manner of mailing that is capable of verifying the date of mailing and shall
			 include a copy of the subject individual's criminal history information, a copy
			 of Article 23-A of the Correction Law, and information about the subject
			 individual's right to seek correction of any incorrect information contained in
			 the criminal history and the procedure for same.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 901 - Mandated Reporter Requirement and Background Checks › Subpart 901-2 - CRIMINAL HISTORY INFORMATION REVIEWS › Section 901-2.5 - Documentation and Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Only the authorized person or his or her designee and the relevant subject
			 individual shall have access to New York State criminal history information
			 received by a provider of services. However, criminal history information may
			 be disclosed by the authorized person to other parties who are directly
			 participating in any decision with regard to such subject individual's
			 application, and to whom this information is relevant.
(b) The authorized person and any other party
			 to whom such criminal history is disclosed shall keep this information strictly
			 confidential.
(c) Any party who
			 willfully permits the disclosure of any confidential criminal history
			 information obtained from a criminal history information check pursuant to this
			 Subpart to parties not authorized to receive same shall be guilty of a
			 misdemeanor.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 901 - Mandated Reporter Requirement and Background Checks › Subpart 901-2 - CRIMINAL HISTORY INFORMATION REVIEWS › Section 901-2.6 - Notification of subsequent criminal charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Division shall promptly forward
			 notification that there is a pending criminal action or proceeding relating to
			 an individual for whom criminal history information was previously requested by
			 a method of secure and confidential delivery, addressed to the provider of
			 services. Such information shall be marked "confidential" and shall, at all
			 times, be maintained, where authorized by the Division, by the provider of
			 services in a secure place.
(b)
			 Upon receiving notification from the Division of the pending criminal action or
			 proceeding, a provider of services shall:
(1)
			 take any and all appropriate actions to ensure that the health, safety, and
			 welfare of its clients are protected, and:
(2) such action or actions shall be
			 documented; and
(3) in cases
			 involving pending criminal actions or proceedings against prospective
			 employees, prospective volunteers, prospective consultants or prospective
			 assistants, it shall be the responsibility of the provider of services to
			 inquire as to the outcome of such proceedings if the prospective employee,
			 prospective volunteer, prospective consultant or prospective assistant remains
			 in service with the provider of services.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 901 - Mandated Reporter Requirement and Background Checks › Subpart 901-2 - CRIMINAL HISTORY INFORMATION REVIEWS › Section 901-2.7 - Responsibilities of providers of services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Recordkeeping.
(1) Each provider of services subject to the
			 provisions of this Subpart shall establish, maintain, and keep current the
			 following records:
(i) a current roster of
			 employees and list of staffing assignments;
(ii) a current roster of
			 volunteers;
(iii) a current roster
			 of assistants;
(iv) a current
			 roster of consultants;
(v) names of
			 all persons for whom a request for a criminal history information check was
			 submitted to the Division, identifying whether the person was applying for an
			 employment, consultant, assistant or volunteer position;
(vi) for each such name identified, except
			 for withdrawing persons, a copy of his or her signed informed consent form
			 required pursuant to section 901-2.3  of this Subpart, and determination of the
			 provider of services with regard to the employment, consultant, assistant or
			 volunteer service of the individual; and
(vii) a record identifying whether such
			 individual was hired, contracted with or permitted to engage in volunteer
			 services, the position such individual holds, and any limitations placed on
			 such employment or service.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 901 - Mandated Reporter Requirement and Background Checks › Subpart 901-2 - CRIMINAL HISTORY INFORMATION REVIEWS › Section 901-2.8 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Subpart or the application
			   thereof to any person or circumstance is determined to be invalid, such
			   determination shall not affect other provisions or applications of this Subpart
			   not subject to such determination and, to this end, the provisions of this
			   Subpart are deemed to be severable.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1001 - General Requirements Relating To Applications For Guarantee Of A Loan › Section 1001.1 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application
		  to the Youth Facilities Project Guarantee Fund for the guarantee of a loan for
		  the construction, reconstruction, rehabilitation or improvement of a day care
		  center shall be in writing on application forms provided by the bureau of youth
		  facilities construction in the New York State Department of Social Services. An
		  original application and three copies of the application shall be filed with
		  the fund through the said bureau of youth facilities construction.
(b) Applications to the fund shall contain
		  information and data with reference to:
(1)
		  The public need for the existence of the proposed day care center at the time
		  and place and under the circumstances proposed.
(2) The character, experience, competency and
		  standing in the community of incorporators, directors, sponsors and
		  officers.
(3) The financial
		  resources and sources of future revenue of the day care center to be operated
		  by or on behalf of the applicant.
(4) The fitness and adequacy of the premises
		  and equipment to be used by the applicant.
(5) The fitness and adequacy of the personnel
		  to be employed in the operation of the day care center.
(6) The policies proposed to be followed by
		  the applicant in the operation of the day care center.
(7) The name and address of the lending
		  agency and a statement of the terms of the proposed loan.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1001 - General Requirements Relating To Applications For Guarantee Of A Loan › Section 1001.2 - Requirements for approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		  application must be complete and in proper from. It shall provide all the
		  information essential for the fund's consideration. It shall contain a request
		  for the fund's approval of the application for guarantee of a loan. It shall be
		  properly executed by one or more authorized officers of the
		  applicant.
(b) The applicant must
		  satisfactorily demonstrate to the fund:
(1)
		  That there is a public need for the day care center in the territory which it
		  proposes to serve.
(2) If a
		  nonprofit corporation, that the members of the board of directors and the
		  officers of the corporation are of such character, experience, competence and
		  standing as to give reasonable assurance of their ability to conduct the
		  affairs of the corporation in its best interests and in the public interest;
		  and further that the members of the board of directors are representative of
		  the community to be served; and that no member of the board of directors is or
		  shall be the executive, administrator, or an employee of the
		  corporation.
(3) That it will have
		  adequate finances to repay the principal and interest of the loan requested to
		  be guaranteed and to operate the proposed day care center.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1001 - General Requirements Relating To Applications For Guarantee Of A Loan › Section 1001.3 - Amendments to application

Current through Register Vol. 46, No. 28, July 10, 2024
An application made to the fund pursuant to this Part may be
		    amended at any time while the matter is pending before the fund. Such
		    amendments shall be made on appropriate forms supplied by the bureau of youth
		    facilities construction of the New York State Department of Social Services and
		    submitted to the fund through the bureau of youth facilities construction of
		    the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1001 - General Requirements Relating To Applications For Guarantee Of A Loan › Section 1001.4 - Withdrawals of applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
		  application made to the fund pursuant to law and in accordance with this Part
		  may, on written request of the applicant, be withdrawn, prior to decision by
		  the fund at any time without prejudice to resubmission.
(b) When an application is withdrawn, the
		  original application and supporting documents shall be returned to the
		  applicant. Copies of the application and supporting documents shall be retained
		  in the office of the secretary of the fund.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1001 - General Requirements Relating To Applications For Guarantee Of A Loan › Section 1001.5 - Decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approvals. If
		  an application is approved, a certificate of approval under the seal of the
		  fund, executed by the chairman, the secretary or other designated officer of
		  the fund, shall be transmitted to the applicant. Copies of the application and
		  supporting documents shall be retained in the office of the secretary of the
		  fund.
(b) Disapprovals. If an
		  application is disapproved, a statement of the fund's decision and the reasons
		  therefor shall be transmitted to the applicant. Copies of the application and
		  supporting documents shall be retained in the office of the secretary of the
		  fund.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1002 - Terms And Conditions For Guarantee Of A Loan Of A Lending Institution › Section 1002.1 - Required checking account

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant for the guarantee of a loan by the fund shall
		    agree to open, and if its loan is guaranteed by the fund shall open and
		    maintain a separate checking account exclusively for the proceeds of a loan in
		    a bank insured by the Federal Deposit Insurance Corporation. All withdrawals
		    from such account shall be by checks drawn on the account which shall be
		    consecutively numbered, and shall bear the signatures of the two persons who
		    have been previously approved by the fund to sign checks on behalf of the
		    applicant-borrower.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1002 - Terms And Conditions For Guarantee Of A Loan Of A Lending Institution › Section 1002.2 - Required fidelity bond

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall be eligible for approval to sign checks for
		    an applicant-borrower unless he applies for approval from the fund to sign
		    checks on behalf of the applicant-borrower and has furnished or presents
		    satisfactory evidence that he is able and will furnish and appropriate fidelity
		    bond which names the fund as the obligee or as a co-obligee in an amount
		    approved by the fund.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1002 - Terms And Conditions For Guarantee Of A Loan Of A Lending Institution › Section 1002.3 - Books and records

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant shall agree to establish and maintain, and if
		    approved the applicant-borrower shall establish and maintain, appropriate books
		    and records conforming with generally accepted accounted procedures and
		    principles as required and approved by the fund.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1002 - Terms And Conditions For Guarantee Of A Loan Of A Lending Institution › Section 1002.4 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When required
		  by article 10-A of the Social Services Law an applicant-borrower shall register
		  or shall continue to be registered as a charitable organization with the New
		  York State Board of Social Welfare and shall file such annual and other reports
		  as required by law and the rules of the New York State Board of Social Welfare.
		  In addition, such applicant-borrower shall from time to time agree to make and
		  shall make such reports as required by the fund.
(b) Any applicant-borrower which is an
		  organization not registered or required to register pursuant to article 10-A of
		  the Social Services Law shall agree to file and shall from time to time file
		  such reports as may be required by the fund; and, also, within three months of
		  the close of the organization's fiscal year, the organization shall file with
		  the fund a balance sheet disclosing the organization's assets, liabilities and
		  its fund-balances, and a statement of the organization's income and expenses
		  for the fiscal year. The financial report shall be certified by the president
		  and chief fiscal officer of the organization and such report shall have a
		  statement by an independent public accountant that in the opinion of such
		  accountant the balance sheet and statement of income and expenses fairly
		  represent the financial operations and financial position of the
		  organization.
(c) Within 15 days of
		  filing with the Federal Internal Revenue Service an applicant-borrower shall
		  deliver to the fund a duplicate copy of Federal form 990-A entitled "Return of
		  Organization Exempt from Income Tax."
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter XX - Youth Facilities Project Guarantee Fund › Part 1002 - Terms And Conditions For Guarantee Of A Loan Of A Lending Institution › Section 1002.5 - Fees and charges

Current through Register Vol. 46, No. 28, July 10, 2024
The charge to the applicant for the guarantee of a loan of a
		    lending institution by the fund shall be one and one-half percent of the loan
		    as of the date of the closing of the loan. Such charge shall be payable to the
		    fund by the applicant upon request on or after the date of the
		    closing.