New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 584 - Operation Of Residential Treatment Facilities For Children And Youth › Section 584.8 - Admission, transfer, continued stay, and discharge policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A residential treatment
				facility may only admit a child or youth that has an authorization for access to
				residential treatment facility services, which was obtained pursuant to Part 583 of
				this Title. This requirement applies to admissions and transfers.
(b) A residential treatment facility may only make
				admission determinations based on the written admission criteria maintained pursuant
				to section 584.7  of this Part. A residential treatment facility may request to waive
				one or more admission criteria for a particular child or youth by applying to the
				Office of Mental Health or commissioner's designee for an extension or exemption
				with cause. The office or commissioner's designee shall be authorized to halt
				admissions for a residential treatment facility for failure to comply with this
				section.
(c) In accordance with Mental
				Hygiene Law section 9.51, a residential treatment facility shall admit any
				appropriate child or youth with an authorization for access to residential treatment
				facility services to the next available bed if they meet the criteria for admission
				to the residential treatment facility, and have been designated as priority for
				admission by the Office of Mental Health or commissioner's designee. A residential
				treatment facility may request to waive this standard for a particular child or
				youth by applying to the Office of Mental Health or commissioner's designee for an
				extension or exemption with cause. If the residential treatment facility does not
				meet the standard, nor was it waived, the Office of Mental Health or commissioner's
				designee may halt admissions at its discretion.
(d) Upon application for admission or transfer of
				a child or youth, a residential treatment facility shall provide written notice as
				follows:
(1) All notices shall be made to the
				referral source, parent/legal guardian, Office of Mental Health or commissioner's
				designee, and the Local Governmental Unit of the child or youth's county of
				residence.
(2) The residential treatment
				facility shall give notice of receipt of an application for admission or
				transfer.
(3) The residential treatment
				facility shall evaluate and communicate the determination of the application for
				admission or transfer within a timeframe determined by the Office of Mental Health
				or commissioner's designee but no longer than 30 calendar days. A residential
				treatment facility may request to waive this standard for a particular child or
				youth by applying to the Office of Mental Health or commissioner's designee for a
				seven-day extension.
(i) The residential treatment
				facility shall give notice when a child or youth is determined to meet criteria for
				admission or transfer. This notice shall include the anticipated date of admission
				or transfer and any other information specified by Office of Mental Health or
				commissioner's designee.
(ii) The
				residential treatment facility shall give notice when a child or youth is determined
				to not meet admission criteria. This notice shall include the specific reason for
				such determination based on residential treatment facility's admission criteria
				maintained pursuant to section 584.7  of this Part.
(6) When a resident is ready for discharge or
				transfer, notice shall be provided 30 calendar days in advance of the anticipated
				date of discharge or transfer.
(7) When
				a resident attains the age of 21, notice shall be provided within 30 calendar days
				with the discharge plan that will achieve the child or youth's discharge from
				residential treatment facility services prior to the 22nd
				birthday.