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 2 - Family and Children's Services › Part 440 - PROGRAMS FOR YOUTH WHO HAVE BEEN OR ARE AT-RISK OF SEX TRAFFICKING › Section 440.5 - Other Applicable Standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 institution, group home or agency boarding home holding an operating
			 certificate from the Office as a facility in which this program type will
			 operate shall comply with all standards otherwise applicable to such facility
			 pursuant to this Title, except where there is a conflict between the standards
			 in this Part and standards set forth elsewhere in this Title, in which case the
			 standards set forth in this Part shall apply. Placements into these facilities
			 and any changes in the placement of such youth shall be subject to all
			 applicable provisions of the Family Court Act, section 404  of the Social
			 Services Law, and all other applicable provisions of law in addition to the
			 requirements of this Part.
(b)
			 Office staff performing official functions shall have full access at all times
			 to the grounds and buildings of these programs and facilities, the staff and
			 residents, and any records of the facility in whatever form the records are
			 maintained, including electronic and video records. The Office may require from
			 the persons and/or agency operating the facility and/or program any information
			 or documents the Office deems necessary for the discharge of the Office's
			 oversight of the facility and/or program.
(c) A group home, agency boarding home or
			 institution holding an operating certificate from the Office as a facility in
			 which this program type will operate shall be subject to and must comply with
			 the requirements as set forth in Part 433 of this Title.
(d) A group home, agency boarding home or
			 institution holding an operating certificate from the Office as a facility in
			 which this program type will operate shall be subject to and must comply with
			 the requirements set forth in Part 441 of this Title and, as applicable to the
			 type of facility, Parts 442, 447 or 448 of this Title.
(e) Records of youth in a facility in which
			 this program type will operate or receive programming as defined in this Part
			 shall be maintained in the form and manner required by the Office, including
			 but not limited to maintenance of those records required by the Office to be
			 maintained in the system of record in the same manner as records for youth in
			 foster care under the Social Services Law and Part 428 of this Title.
(f) Records concerning youth in these
			 facilities or receiving this programming are confidential and shall be subject
			 to the provisions of section 372  of the Social Services Law and any other
			 applicable provisions of law concerning the confidentiality of records.
			 Information that could reasonably identify a youth as being in such a program
			 or facility shall not be released by the Office, a social services district, or
			 an authorized agency, expect as otherwise provided by law.