New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 1 - Provision of Social Services-general › Part 408 - Standards for Establishing Per Diem Rates and Social Services District Payment Responsibility for Residential Programs for Victims of Domestic Violence › Section 408.8 - Contract requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 social services district which does not directly operate a residential program
			 for victims of domestic violence with a length of stay policy of 30 days or
			 more must negotiate and enter into a contract with at least one residential
			 program for victims of domestic violence located within the district or within
			 a contiguous district. In addition to any contract with a residential program
			 with a length of stay policy of less than 30 days (safe home networks), the
			 social services district must also negotiate and enter into a contract with a
			 residential program with a length of stay policy of 30 days or more (domestic
			 violence shelters, domestic violence programs, and/or domestic violence
			 sponsoring agencies), to the extent there is such a residential program for
			 victims of domestic violence located within the social services district or
			 within a contiguous social services district. Contract negotiations must be
			 carried out in good faith. Any contract entered into by a social services
			 district and a residential program may not abrogate the obligation of the
			 social services district to offer and provide temporary shelter, emergency
			 services and care to victims of domestic violence pursuant to section
			 408.3 
			 of this Part.
(b) Each contract
			 between a social services district and a residential program must:
(1) remain in effect for no more than 12
			 months;
(2) include all the terms
			 of the contract in one instrument, be dated and executed by an authorized
			 representative of each party to the contract prior to the date of
			 implementation;
(3) have a definite
			 effective and termination date; and
(4) specify the following:
(i) the approved rate established by the
			 department;
(ii) whether, at the
			 time of the initial determination of eligibility, victims of domestic violence
			 will be authorized to stay for either 90 days or a period of less than 90 days;
			 if the length of stay is initially authorized for a period of less than 90
			 days, the intervals at which eligibility will be redetermined must be specified
			 in the contract, pursuant to section
			 408.6(b) 
			 of this Part;
(iii) the frequency
			 of the assessments of need for temporary shelter, emergency services and care
			 and the responsibility of the social services district and the residential
			 program to conduct such assessments, pursuant to section
			 408.6(c) 
			 of this Part; and
(iv) the time
			 frames within which a residential program must notify a social services
			 district of an extension of a resident's stay beyond the 90-day maximum length
			 of stay and the responsibility of the district and the residential program to
			 assist such resident in securing alternative housing, pursuant to section
			 408.6(d) 
			 of this Part.