New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 491 - Shelters For Adults › Section 491.15 - Involuntary discharge and transfer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Involuntary discharge.
An operator of a shelter for adults, a small-capacity
			 shelter, or a shelter for adult families, with approval of the social services
			 district, may discharge an individual resident and/or adult family under the
			 terms set forth in the facility rules or when the resident individual's or
			 family's failure to comply with public assistance and care requirements,
			 including those set forth in section
			 352.35 
			 of this Title, has resulted in sanctions being imposed by the social services
			 district, or when the social services district has determined the resident
			 individual or family to be ineligible and has discontinued or denied temporary
			 housing assistance.
(1) A decision to
		    involuntarily discharge an individual resident or adult family residing in any
		    shelter for adults, small-capacity shelter, or shelter for adult families
		    involuntarily may be challenged in a fair hearing requested pursuant to Part
		    358 of this Title, and the individual resident or adult family may have the
		    right to receive aid continuing pursuant to section
		    358-3.6 
		    of this Title if a fair hearing is requested in timely fashion.
(2) An individual resident or adult family
		    may not be involuntarily discharged from a shelter for adults, small-capacity
		    shelter, or shelter for adult families until the following procedures are
		    observed:
(i) the individual resident or
		    adult family has been given written notice on a form prescribed by the office
		    of the discharge decision and of the reasons therefor, which shall include a
		    statement that the individual resident or adult family may request a fair
		    hearing in which to challenge the discharge decision, and shall describe how a
		    fair hearing may be requested and obtained;
(ii) the individual resident or adult
		    family's need for protective services for adults, preventive services, or for
		    other social services has been evaluated and an appropriate referral has been
		    made if necessary; and
(iii) if
		    criminal activity may have occurred, the appropriate law enforcement agency has
		    been contacted.
(3) An
		    individual resident or adult family who has requested a fair hearing and who is
		    found by the fair hearing decision to have been wrongfully discharged from a
		    shelter for adults, a small-capacity shelter, or a shelter for adult families
		    must be offered an opportunity to return to the facility from which the
		    individual resident or adult family was discharged as soon as an appropriate
		    vacancy becomes available. No such opportunity may be offered if the individual
		    resident or adult family no longer meets the requirements for residency in a
		    shelter for adults, a small-capacity shelter, or a shelter for adult families
		    or if the individual or family has obtained permanent housing.
(4) After receiving notification from the
		    social services district of the social services district's intention to
		    discontinue temporary housing assistance pursuant to the provisions of section
		    352.35 
		    of this Title, an individual resident or adult family may not be involuntarily
		    discharged pursuant to the provisions of this subdivision without the approval
		    of the social services district.