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 900.15 - Penalties for non-compliance by social services districts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reimbursement of a social services
		    district for the costs of the district's operating a facility providing shelter
		    and services to homeless families, either directly or indirectly, or for
		    payments made to a facility operator for the provision of shelter and services
		    to homeless families, will be subject to withholding or denial when a facility
		    providing such care fails to comply with the requirements of State or local
		    laws, regulations and codes as specified in section
		    900.5(a) 
		    of this Part including the applicable provisions of this Part, or with the
		    terms of its operational plan.
(b)
		    Notification. The department must notify the district of all violations of the
		    provisions of this Part prior to denying reimbursement.
(c) Funds to be denied. If violations have
		    not been corrected within 30 days from the date the district received notice of
		    the violations, or within any lesser period ordered by the department pursuant
		    to section
		    900.14(g) 
		    of this Part, or an acceptable plan for correction is not submitted pursuant to
		    section
		    900.14(f) 
		    of this Part, or notice that the district has not certified a facility in
		    accordance with section
		    900.14(e) 
		    of this Part, or that the district has not complied with the requirements of
		    section
		    900.3(e) 
		    of this Part, or that the district has not met the performance standards as
		    outlined in this section, the department may withhold or deny reimbursement
		    beginning the 31st day after such notice, or the day following the expiration
		    of any lesser period ordered by the department pursuant to section
		    900.14(g) 
		    of this Part, and continuing until the department notifies the district in
		    writing that the facility is in compliance with this Part. Reimbursement may be
		    withheld or denied as follows:
(1) up to 100
		    percent of the Federal and State reimbursement for allowable expenses for each
		    nonconforming facility;
(2) in
		    districts having three or more shelters for families, where more than 40
		    percent of the district's shelters for families are concurrently subject to
		    penalty pursuant to this section, up to 100 percent of the Federal
		    reimbursement and up to 50 percent of the State reimbursement for total
		    allowable expenses for all shelters in the district;
(3) up to 100 percent of the Federal and
		    State reimbursement per family per month for those families continuously
		    residing in approved tier II facilities in excess of nine months, on or after
		    October 15, 1993, and in excess of six months on or after October 15,
		    1994;
(4) up to $1,000 per family
		    for each family which fails to meet any of the threshold performance standards
		    as follows:
(i) 95 percent of the families
		    residing in a tier II facility for at least 10 days will have their service
		    needs assessed within that time period as provided by section
		    900.10(c)(1)(i) 
		    of this Part; or
(ii) 95 percent of
		    the families residing in a tier II facility for at least 10 days will have a
		    mutually agreed upon service plan developed within that time period as provided
		    by section
		    900.10(c)(1)(i) 
		    of this Part; or
(iii) 95 percent
		    of the families residing in a tier II facility over 10 days will meet with
		    facility staff every two weeks to have their service plans reviewed and revised
		    as necessary as provided by section
		    900.10(c)(1)(ii) 
		    of this Part; or
(iv) 95 percent of
		    the school age children residing in a tier II facility will be enrolled in
		    school within 10 days of admission as provided by section
		    900.3(b)(1)(x) 
		    of this Part; or
(v) 95 percent of
		    the families which have a service need which has been identified in the
		    families' service plans will be given a referral to an appropriate service
		    provider within 30 days of the assessment of the need as provided in section
		    900.10(c)(2)(ii) and
		    (4)  of this Part. The service needs which if
		    addressed will facilitate families' return to permanent housing include but are
		    not limited to: education/employment; domestic violence; substance/alcohol
		    abuse; mental health; and child abuse and neglect.