New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.14 - Inspection by the department; certification by local social services districts; additional reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall inspect any facility
		    providing shelter and services to homeless families for which a local social
		    services district seeks reimbursement to ensure that the facility is in
		    compliance with all applicable laws, regulations and standards set by the
		    department, and to determine that the services and care provided are adequate
		    and appropriate and in conformance with the operational plan approved for the
		    facility.
(b) The facility must
		    allow the commissioner and/or the commissioner's designee full access at any
		    time to its grounds, buildings, employees and residents, and books and papers
		    including, but not limited to the residents' case records.
(c) Inspection means periodic scheduled,
		    announced or unannounced onsite investigation at least once a year, including
		    gathering of written, photographic, or other physical evidence by staff of the
		    department, during regular business hours and/or at night or on weekends, for
		    the purpose of determining facility compliance with this Part and the
		    operational plan for the facility.
(d) Following an onsite visit, the department
		    must forward to the local social services district and to the facility a
		    written statement of findings resulting from the visit including specific
		    notation of areas where the facility fails to meet the requirements of this
		    Part and the operational plan for the facility.
(e) In order to receive reimbursement for
		    families placed in a facility, the social services district must certify
		    annually to the department that each facility for which it seeks reimbursement
		    for shelter and services provided to homeless families is in compliance with
		    all applicable State and local laws and regulations as required by section
		    900.5 
		    of this Part. In addition, within 90 days of the end of the fiscal year for
		    such social services district, the social services district must submit an
		    accounting statement for each facility for which it has an approved operational
		    plan. Such statement must detail costs incurred and reimbursement received
		    during the fiscal year pursuant to this Part for such facility. If, based on
		    the accounting statement for the fiscal year, the social services district
		    anticipates that income and expenditures during the remaining period covered by
		    the facility's operational plan will not conform to the proposed budget
		    contained in the operational plan, the district must also submit to the
		    department for approval a revised proposed budget for such remaining period.
		    Within 90 days of the end of the periods specified in section
		    900.15(c)(3) 
		    of this Part, the social services district must provide to the department
		    written information, on forms and in the manner prescribed by the department,
		    on those families which have resided in a tier II facility beyond the time
		    limitation specified in that section.
(f) Upon receipt of a statement of findings
		    noting areas where the facility fails to meet the requirements of this Part,
		    but in no case later than 30 days following the date of issuance, the social
		    services district must correct the deficiencies or in the event that correction
		    requires more than 30 days, submit an acceptable plan for correction. The plan
		    must be approved by the department. Upon notification by the department that
		    there has been a failure of a social services district in accordance with
		    subdivision (e) of this section to certify that a facility is in compliance
		    with State and local law and regulations, but in no case later than five days
		    thereafter, the social services district must submit to the department the
		    required certification or provide an explanation for its failure to do so along
		    with a plan for submitting the required certification within 30 days. The plan
		    must be approved by the department.
(g) Notwithstanding any other provisions of
		    this section, in the event that an endangering condition exists and the
		    department has found that the health, safety or welfare of the public or any
		    individual is in imminent danger, the department may issue an order to correct
		    such condition immediately or within any specified period of less than 30
		    days.
(h) Failure on the part of
		    the facility to correct a noted deficiency within the time period specified in
		    an order issued pursuant to subdivision (g) of this section, or to correct
		    deficiencies or submit certification in accordance with subdivision (f) of this
		    section, may result in withholding or denial of reimbursement in accordance
		    with section
		    900.15 
		    of this Part or withdrawal of approval of the facility's operational plan. If
		    approval of a facility's operational plan is withdrawn, a social services
		    district will no longer be reimbursed for the provision of shelter and services
		    to homeless families in such facility.
(i) Complaints of noncompliance may be
		    submitted to the local district by or on behalf of residents. Upon receipt of
		    such a complaint, the local district must determine whether the facility is in
		    compliance and advise both the department and the complainant of its findings.
		    If the facility is not in compliance, the department must issue a notice of
		    noncompliance to the local social services district in accordance with
		    subdivision (d) of this section.