New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter B - Public Assistance › Article 1 - Determination of Eligibility-General › Part 352 - Standards of Assistance › Section 352.39 - Operational plans for uncertified shelters for the homeless

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of this section,
emergency shelter
shall mean any facility with overnight
			 sleeping accommodations, the primary purpose of which is to provide temporary
			 shelter to recipients of temporary housing assistance.
(b) This section shall apply to emergency
			 shelters for which social services districts receive reimbursement, and which
			 are not operating pursuant to operational plans approved by the Office of
			 Temporary and Disability Assistance (the office) as required by section
			 491.3 or
			 900.3 
			 of this Title, and have not been issued operating certificates pursuant to
			 either section
			 491.4 or
			 900.4  of this
			 Title.
(c) A social services
			 district may be reimbursed for costs incurred for emergency shelters and
			 services provided by emergency shelters subject to this section only when the
			 emergency shelters are operated pursuant to operational plans that have been
			 approved by the Office of Temporary and Disability Assistance (the office). A
			 separate operational plan must be submitted by the social services district for
			 each emergency shelter for which the district seeks reimbursement, or for each
			 portfolio of emergency shelters where the emergency shelters within the
			 portfolio are operated by a single operator and are comprised of individual
			 apartment units within residential apartment buildings, and the operators are
			 reimbursed by the social services district on a per diem basis.
(d)
Operational plan.
For emergency shelters within the scope of this section,
			   the operational plan must provide all of the following information concerning
			   the facility:
(1) name and location of
			 the facility;
(2) name and address
			 of the entity which will operate the facility;
(3) names, addresses and occupations of the
			 members of the board of directors, if the operator is a corporation;
(4) name and address of the owner of the land
			 and premises, if other than the operator;
(5) financial resources and sources of future
			 revenue of the facility;
(6) a
			 financial statement for the shelter's most recently completed fiscal year, if
			 any;
(7) a proposed one year
			 budget, including estimated income and expenditures, on forms and in a manner
			 prescribed by the office. Such proposed budget must set forth the amount
			 reasonable and necessary to operate and maintain the shelter;
(8) the emergency shelter's policies and
			 procedures;
(9) admissions
			 policies;
(10) policies ensuring
			 access by legal representatives and legal counsel to their clients who are
			 residents of the facility;
(11) in
			 shelters for families with children, policies and procedures for providing
			 needed care, services and support of children and families consistent with
			 applicable regulations;
(12) in
			 shelters for families with children, arrangements for facilitating school
			 attendance by school-age children residing in the facility, including any
			 necessary transportation arrangements;
(13) plan for health services, including
			 evidence of any arrangement with a fully accredited medical institution or
			 clinic for the referral of resident families for emergency treatment. In
			 addition, if medical supplies are to be stored at the facility or refrigeration
			 is to be provided for personal medical supplies of residents, the arrangements
			 for safekeeping and refrigeration of such medical supplies must be
			 specified;
(14) procedures for
			 assisting residents in making application for public benefits such as, but not
			 limited to, public assistance, medical assistance, the supplemental nutrition
			 assistance program, Supplemental Security Income, title XX or child welfare or
			 unemployment benefits;
(15)
			 facility staffing schedules and a description of each position, including job
			 duties, and qualifications;
(16)
			 plan for staff training including training concerning the emergency and
			 disaster plan for the facility and fire safety;
(17) bathroom arrangements, including the
			 number of toilets, sinks, showers and bathtubs and, where appropriate, the
			 facility's provision for the bathing and changing of infants and young
			 children;
(18) food service
			 arrangements. If a food service provider is used, written evidence of such
			 arrangement must be included. If food is prepared onsite provide the number of
			 refrigerators, stoves, and microwaves. A description of the dining area and the
			 number of chairs, tables and seating must also be included;
(19) physical structure, including land,
			 buildings and equipment, certificate of occupancy and building descriptions
			 including type of construction, planned renovations, and room layouts with
			 dimensions;
(20) fire safety
			 measures and emergency and disaster plan;
(21) resident capacity;
(22) resident rules and rights;
(23) procedures for handling involuntary
			 discharges or transfers;
(24)
			 description of any other programs that are operating in the building and copies
			 of the applicable licenses and certifications;
(25) procedures and environmental safeguards
			 designed to ensure the well-being and safety of residents if the shelter
			 facility is located in the same building or on the same premises where another
			 program is or will be operated; such procedures must indicate the circumstances
			 under which common staff or joint services will be utilized; and procedures for
			 safeguarding the confidentiality of medical records concerning residents of the
			 shelter;
(26) procedures for
			 informing residents of their rights as residents and a listing of said
			 rights;
(27) facility leave and
			 absence policy;
(28) a description
			 of the community services available to the shelter population including public
			 transportation, parks and recreation areas, medical and mental health services,
			 restaurants and stores;
(29)
			 procedures for advising residents of the conduct or activities for which
			 temporary housing assistance may be discontinued as provided in section
			 352.35 
			 of this Part;
(30) procedures which
			 describe the facility's responsibilities in relation to the social services
			 district's requirements for discontinuing temporary housing assistance,
			 including notification to the social services district of acts which may be
			 grounds for the discontinuance of temporary housing assistance;
(31) procedures for providing shelter
			 residents with services which include at a minimum: necessary medical
			 referrals; assistance with obtaining permanent housing; assistance with
			 securing necessary supportive social and mental health services including but
			 not limited to psychiatric and alcohol abuse services; assistance with securing
			 employment assessments, job training placements, educational opportunities; and
			 information and referral services for community agencies and programs whose
			 services might assist residents to return to permanent housing. If any of these
			 services are provided off site, the name, location, contact information, and
			 description of the service provider must be included;
(32) a plan for the shelter to provide
			 security and help ensure the physical safety of residents and staff, as
			 required by section
			 352.38 
			 of this Part;
(33) procedures for
			 handling and documenting individual emergencies, including arranging for
			 medical care or other emergency services, maintaining records of any special
			 medical needs or conditions, the prescribed regimens to be followed, and the
			 names and phone numbers of medical doctors to contact should an emergency arise
			 concerning these conditions;
(34)
			 procedures for handling resident complaints and grievances; and
(35) such other information as may be
			 requested by the office.