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 3 - Child-care Agencies › Part 449 - Supervised Independent Living Programs › Section 449.3 - Conditions for operation of a supervised setting program by an authorized agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
			 receiving approval to operate a supervised setting program from OCFS, the
			 authorized agency may operate a program and certify or approve supervised
			 settings for occupancy by youth at the sites for which the authorized agency
			 has issued supervised setting certifications or approvals.
(b) An authorized agency may only issue
			 supervised setting certifications or approvals for sites that are in compliance
			 with the requirements of this Part.
(c) Prior to placement in a supervised
			 setting, with the exception of college-owned housing, the authorized agency
			 operating the supervised setting program must perform a readiness assessment
			 for the youth. Such readiness assessment must be in a form and manner
			 prescribed by OCFS and must determine that the placement in the supervised
			 setting is appropriate based on the needs of the individual youth.
(d) The authorized agency is responsible for
			 the inspection, monitoring and /or supervision, as applicable, of all the
			 supervised settings certified or approved by the authorized agency.
(e) The authorized agency must re-evaluate
			 and renew the certification or approval of each supervised setting on an annual
			 basis using standards contained in this Part. This evaluation must be
			 documented in the authorized agency's record.
(f) Reimbursement for certified or approved
			 supervised settings will be provided on a basis and in a manner as determined
			 by OCFS.
(g) An authorized agency
			 operating a supervised setting program must submit fiscal and program data to
			 OCFS in accordance with the provisions of Part 427 of this Title.
(h) In addition to the requirements for
			 casework contacts contained in section
			 441.21  of this Title, staff must
			 visit or communicate with each youth placed in a supervised setting no less
			 than once per week and in the case of a supervised independent living unit, no
			 less than twice a week. Unless otherwise required by federal or state law,
			 staff must visit or communicate with each youth placed in a supervised setting
			 other than a supervised independent living unit at least once per week for the
			 first 30 days from placement in such unit. After 30 days, such weekly contacts
			 may occur at a reasonable frequency, as deemed appropriate, to meet the
			 individual needs of the youth and provide necessary supervision and
			 supports.
(i) Supervised setting
			 must be in compliance with all applicable provisions of state and local laws,
			 ordinances, rules and regulations concerning health, safety and
			 nondiscrimination.
(j) In addition
			 to the conditions set forth above, the following conditions apply solely to
			 supervised independent living programs:
(1) An
			 authorized agency operating an approved supervised independent living program
			 must notify OCFS of the certification, renewal and/or closure of each
			 supervised independent living unit. Such notification must be made by the
			 authorized agency within 10 days of such certification, renewal or closure in
			 the form and manner as required by OCFS.
(2) A professionally trained caseworker, a
			 person with experience in child welfare, or a person holding a master's degree
			 in a related field who is in the employ of the authorized agency must supervise
			 the supervised independent living program.
(3) The person designated to supervise the
			 program must make the determination as to the youth to be placed in each
			 supervised independent living unit, or such determination may be made by an
			 interdisciplinary team when it is the general practice of the authorized agency
			 to use such teams to make placement decisions.
(4) Adequate staffing must be maintained to
			 provide services, visits, and supervision. The supervision of youth
			 participating in a supervised independent living program must be performed by
			 designated staff member(s) of the authorized agency who are qualified to
			 perform such function; staff member(s) so designated must visit and consult
			 with each youth at the supervised independent living unit at least twice per
			 week. At least one visit per week must be held outside of standard business
			 hours. An increased number of visits are required, when necessary, to address
			 the individual health and safety needs of the residents of the supervised
			 independent living unit. Visits conducted pursuant to this subdivision may
			 satisfy the casework contact requirements of section
			 441.21(c)  of this
			 Title to the extent that visits are made by the youth's case planner or
			 caseworker assigned to the youth by the case planner.