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 408.6 - Length of stay in a residential program for victims of domestic violence

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General
			 requirements.
A resident's initial authorized length of stay at a
			   residential program for victims of domestic violence and eligibility for any
			   extensions must be based upon the individual safety and service needs of the
			   resident or the resident's children.
(b)
Method of determining length of
			 stay.
(1) A resident's initial length
			 of stay will be authorized for a period of up to 90 days, determined by the
			 social services district financially responsible for the resident at the time
			 of admission, based upon the individual safety and service needs of the
			 resident or the resident's children.
(2) A resident's eligibility for an extension
			 will be assessed as follows:
(i) A resident's
			 length of stay may be extended a maximum of two times. Each extension may be up
			 to 45 days contiguous to the initial 90-day period and must be based upon a
			 determination by the social services district that:
(a) such housing is necessary; and
(b) neither the resident, the social services
			 district nor the residential program are able to secure safe and appropriate
			 alternative housing, as defined in section
			 408.2(a) 
			 of this Part.
(ii) The
			 residential program must request an extension of the length of stay prior to
			 the expiration of the resident's length of stay. Such request for extension
			 shall be made to the social service district fiscally responsible for the
			 resident no fewer than five business days prior to the expiration of the
			 resident's length of stay. The social service district fiscally responsible for
			 the resident may agree to a shorter notice period only if emergency
			 circumstances make the need for such an extension not reasonably foreseeable in
			 the notice period set forth above. In such a case, notice of the extension must
			 be given to the social service district immediately upon circumstance becoming
			 reasonably foreseeable. Whenever a resident's length of stay is extended, the
			 social services district financially responsible for the resident must assist
			 the resident in obtaining alternative housing before the close of the extension
			 period.
(iii) When a resident is
			 unable to secure safe and appropriate alternative housing and is deemed
			 eligible to remain in a residential program, the social services district
			 financially responsible for the resident must pay the per diem rate for the
			 residential program for the period of such extension.
(iv) The resident's need for an extension
			 must be assessed pursuant to the following standards:
(a) the resident must continue to be in need
			 of temporary shelter and emergency services provided directly by the
			 residential program pursuant to sections
			 453.4,
			 454.7 or
			 455.6  of
			 this Title because safe and appropriate alternative housing, as defined in
			 section
			 408.2(a) 
			 of this Part, is not available;
(b)
			 the resident must continue to meet the admission criteria of the residential
			 program pursuant to section
			 452.9(a) 
			 and, where applicable, sections
			 454.6
			 and
			 455.5 
			 of this Title; and
(c) the resident
			 must continue to abide by the rules of the residential program.