reglab/statecodes huggingface dataset:
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 4 - Residential Programs for Victimes of Domestic Violence › Part 454 - Standards For Safe Home Networks And Safe Homes › Section 454.7 - Nutrition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Safe home
			 networks must ensure that three well-balanced and nutritious meals are
			 available daily to residents either at the safe home or offsite.
(b) Consideration must be given to medically
			 prescribed nutritional needs, culture and religious practices. Nothing herein
			 requires the maintenance of separate kitchen facilities or supplies to comply
			 with cultural or religious practices.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 454 - Standards For Safe Home Networks And Safe Homes › Section 454.8 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
			 requirements.
The term staff, as used in this section, means
			   compensated employees and volunteers of the safe home network.
(b) Staff/resident ratios.
(1) There must be at a minimum one employee
			 who is designated director of the safe home network and who is responsible for
			 the general management and administration of the network and safe home program.
			 The director is responsible for the supervision of volunteers and safe home
			 providers, or for the designation of an employee to supervise volunteers and
			 safe home providers, and for identifying and designating a sufficient number of
			 qualified staff to ensure the delivery of core emergency specified in section
			 452.12  of this Title to all eligible residents.
(2) A minimum of one employee or volunteer of
			 the safe home network or an employee or volunteer of a designee of the safe
			 home network must be on call at all times to receive crisis calls as set forth
			 in section 452.12(a)  of this Title.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 454 - Standards For Safe Home Networks And Safe Homes › Section 454.9 - Requirements for approving safe homes

Current through Register Vol. 46, No. 28, July 10, 2024
The safe home network is responsible for approving safe
			   homes and such approval is dependent upon a visit to the prospective safe home
			   by the safe home network and the safe home provider meeting the following
			   requirements:
(a) Each safe home
			 provider must be at least 18 years old.
(b) Staff of the safe home network, who have
			 qualifications to administer the safe home network or provide core emergency
			 services as specified in section 452.12  of this Title, must conduct at least
			 one face-to-face interview with each person over the age of 18 who is currently
			 residing in the home of such prospective safe home to ascertain the following
			 items including and not limited to:
(1) the
			 person's understanding of the nature of domestic violence;
(2) the person's ability to be
			 nonjudgmental;
(3) the person's
			 attitude and, where possible, the attitude of any minor children in the
			 household about establishing a safe home;
(4) the person's ability to maintain
			 confidentiality as provided in section
			 452.10 
			 of this Title;
(5) the hours of
			 availability of the prospective safe home; and
(6) that each member of the safe home
			 household is reported to be in good general health and that there are no health
			 or other family problems that could negatively affect residents.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 454 - Standards For Safe Home Networks And Safe Homes › Section 454.10 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
			 addition to the records and reports requirements of section
			 452.9(b) 
			 of this Title, the safe home network must maintain an individual record for
			 each safe home which includes the following information:
(1) the date(s) the required interview(s)
			 with each adult member of the safe home household, as required by section
			 454.9(b) 
			 of this Part, was held and a summary of the interview(s). Such summary must
			 include an evaluation of the individual's understanding of the items included
			 in section
			 454.9(b),
			 as well as any additional items from the safe home network;
(2) the date the safe home provider attended
			 orientation and training;
(3) a
			 description of the safe home environment which includes a listing of all rooms
			 in the home, the sleeping arrangements for residents, the safety procedures
			 followed in the home, and the location of all smoke detectors, carbon monoxide
			 detector(s), fire extinguishers and telephone(s);
(4) a list of the specific safe home rules to
			 be discussed with residents prior to placement;
(5) a copy of the approved statement which
			 contains the agreement signed by the safe home network and safe home provider
			 specifying the network responsibilities/ safe home responsibilities;
(6) a copy of the annual reevaluation of the
			 safe home which is issued under section
			 454.11(b) 
			 of this Part; and
(7) a record of
			 complaints and of follow-up meetings and other contacts with the safe home
			 provider, and of any fires, accidents or serious incidents occurring in the
			 safe home, including a description of each incident, steps taken to control or
			 manage the cause of the incident, and the steps taken to prevent the recurrence
			 of such an incident.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 454 - Standards For Safe Home Networks And Safe Homes › Section 454.11 - Supervision of safe homes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 safe home network is responsible for ensuring that safe homes approved by a
			 safe home network pursuant to this Part operate in compliance with Office
			 regulations.
(b) The safe home
			 network must reevaluate each approved safe home on an annual basis using the
			 standards contained in section
			 454.9 
			 of this Part. Re-approval of safe homes will be conditioned upon compliance by
			 such safe home with the provisions of section
			 454.9 
			 of this Part. This reevaluation must be documented in the safe home
			 record.
(c) The safe home network
			 is required, where it determines that a safe home is operating in a manner
			 which is contrary to the provisions of section
			 454.9 
			 of this Part or which poses a threat to the life, health or safety of the
			 residents, to direct the removal of the residents from the safe home.
(d) In the event that a complaint has been
			 made against a safe home provider and the Office has found the health, safety
			 and/or welfare of any resident of the safe home to be in imminent danger, the
			 safe home network must cease using the safe home. The network must remove any
			 residents from the safe home and must not place nor arrange to place any other
			 residents in such home until the network can demonstrate to the Office that the
			 endangering condition (s) have been corrected.
(e) The Office may conduct an onsite
			 inspection of a safe home only:
(1) upon
			 receipt of a complaint involving a safe home provider which is related to the
			 operation of the safe home; or
(2)
			 upon 24-hour notice to the safe home network for the purpose of conducting an
			 audit of the safe home network where access is necessary to verify the
			 existence of the safe home or other elements of the participation of the safe
			 home provider with the safe home network, provided that prior to any onsite
			 inspection of a safe home, the following occurs:
(i) the Office requests a meeting with the
			 safe home network and/or safe home provider at the network Office and the safe
			 home network is unable to meet with the Office in a timely manner; or
(ii) the Office has met with the safe home
			 network and/or the safe home provider and the Office has made a determination
			 that the information required for audit purposes cannot be obtained by any
			 other means than by access to the safe home; or
(3) upon the written approval of the safe
			 home provider. Nothing in this subdivision prevents a local child protective
			 service from investigating a report of suspected child abuse or maltreatment in
			 which the subject of the report is a safe home provider or a resident of a safe
			 home.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 454 - Standards For Safe Home Networks And Safe Homes › Section 454.12

Current through Register Vol. 46, No. 28, July 10, 2024
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 4 - Residential Programs for Victimes of Domestic Violence › Part 455 - Standards For Domestic Violence Sponsoring Agencies And Safe Dwellings › Section 455.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part, along with the provisions of
			   Part 452 of this Title, apply to domestic violence sponsoring agencies and
			   domestic violence safe dwellings and are separate from Parts 453 and 454 of
			   this Title.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 455 - Standards For Domestic Violence Sponsoring Agencies And Safe Dwellings › Section 455.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Part 452.2 of this Title apply to this
			   Part
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 4 - Residential Programs for Victimes of Domestic Violence › Part 455 - Standards For Domestic Violence Sponsoring Agencies And Safe Dwellings › Section 455.3 - General requirements for the operation of a domestic violence sponsoring agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Domestic violence sponsoring agencies are responsible for approving domestic
			 violence safe dwellings, placing residents in domestic violence safe dwellings
			 which exclusively serve victims of domestic violence and ensuring that
			 residents are only placed in those domestic violence safe dwellings which have
			 been approved as meeting the security standards contained in section
			 455.8  of this
			 Part and the environmental standards contained in section
			 455.9 
			 of this Part.
(b) Prior to the
			 approval of a domestic violence safe dwelling and placement by a domestic
			 violence sponsoring agency of a resident in a domestic violence safe dwelling,
			 the domestic violence sponsoring agency must obtain the approval of the Office
			 for the security plan as described in section
			 452.4(f)(4) 
			 of this Title for a particular domestic violence safe dwelling in the form and
			 manner prescribed by the Office. The security plan must include a diagram of
			 the domestic violence safe dwelling and the security precautions to be
			 implemented for such domestic violence safe dwelling. The Office will review
			 the security plan to determine compliance with the security standards of
			 section
			 455.8  of this
			 Part. Any subsequent changes to a security plan must be submitted to the Office
			 for review and approval before such changes are implemented.
(c) Domestic violence sponsoring agencies
			 having a maximum length of stay policy at a domestic violence safe dwelling of
			 less than 90 days must have an established linkage, to the extent shelter and
			 services are available, with an approved domestic violence shelter or domestic
			 violence program to refer domestic violence safe dwelling residents who
			 continue to be in need of temporary shelter and emergency services beyond the
			 stay permitted at a domestic violence safe dwelling.
(d) If a domestic violence safe dwelling does
			 not have an onsite staff person, an employee or volunteer of the sponsoring
			 agency must, at a minimum, visit the domestic violence safe dwelling on a
			 weekly basis whenever there are residents being sheltered in the domestic
			 violence safe dwelling in order to ensure that the safe dwelling is being
			 maintained in a safe and sanitary manner and that the personal needs of the
			 residents are being met.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 455 - Standards For Domestic Violence Sponsoring Agencies And Safe Dwellings › Section 455.4 - Maximum length of stay

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of sections
			   452.9(c)
			 and
			   408.6 
			   of this Title apply to the maximum length of stay of residents in domestic
			   violence safe dwellings; provided, however, that domestic violence sponsoring
			   agencies may impose a length of stay which is less than the maximum set forth
			   in such section.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 455 - Standards For Domestic Violence Sponsoring Agencies And Safe Dwellings › Section 455.5 - Domestic violence sponsoring agency and resident responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the provisions set forth in section
			   452.9(a)(9) 
			   of this Title, the notice of the resident's rights and responsibilities
			   provided by the domestic violence sponsoring agency to the resident must also
			   contain:
(a) the rules of the domestic
			 violence safe dwelling;
(b) the
			 plan for emergency medical care to obtain emergency medical assistance on a
			 24-hour basis;
(c) the requirement
			 for a sponsoring agency staff person to visit the safe dwelling on a weekly
			 basis;
(d) the requirement for
			 residents to keep confidential the name and address of the domestic violence
			 safe dwelling and the names of any other residents, and to disclose such
			 information only to those persons authorized by the domestic violence
			 sponsoring agency;
(e) the
			 requirement for residents to be responsible for the supervision and management
			 of their children during their stay in a domestic violence safe dwelling;
			 and
(f) the requirement for the
			 domestic violence sponsoring agency to have contact with each adult resident
			 every 48 hours if the domestic violence safe dwelling does not have an onsite
			 employee or volunteer.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 455 - Standards For Domestic Violence Sponsoring Agencies And Safe Dwellings › Section 455.6 - Nutrition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Provisions to
			 prepare three well-balanced and nutritious meals must be available to residents
			 at each safe dwelling when occupied.
(b) Contracted food services are
			 allowable.
(c) When planning for
			 meals, consideration must be made for the residents' varied dietary needs,
			 including but not limited to any medically prescribed nutritional needs,
			 allergies, culture and religious practices. Nothing herein requires the
			 maintenance of separate kitchen facilities or supplies to comply with cultural
			 or religious practices.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 455 - Standards For Domestic Violence Sponsoring Agencies And Safe Dwellings › Section 455.7 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
			 requirements. The term staff, as used in this section, means compensated
			 employees and volunteers of the domestic violence sponsoring agency.
(b) Staff/resident ratios.
(1) There must be at a minimum one employee
			 who is designated director of the domestic violence sponsoring agency and who
			 is responsible for the general management and administration of the domestic
			 violence sponsoring agency and domestic violence safe dwelling program. The
			 director is responsible for the supervision of volunteers or for the
			 designation of an employee to supervise volunteers.
(2) Each domestic violence sponsoring agency
			 must provide a sufficient number of staff to supervise the general management
			 of each domestic violence safe dwelling in order to ensure that the safe
			 dwelling is maintained in a safe and sanitary condition, to supervise
			 sponsoring agency volunteers and to ensure the delivery of core emergency
			 services specified in 452.12 of this Title to all eligible residents.
(3) Each domestic violence sponsoring agency
			 must have, at a minimum, one employee or volunteer of the domestic violence
			 sponsoring agency on call at all times to provide crisis intervention,
			 counseling and information and referral as set forth in section 452.12(a)  of
			 this Title.
(4) Whenever residents
			 are being sheltered, each domestic violence sponsoring agency must have a
			 sufficient number of competent staff, onsite or on call at all times, to
			 respond to resident needs and emergency situations. The telephone number for
			 residents to call in an emergency must be posted nearby a telephone as
			 specified in section
			 455.8(c) 
			 of this Part.
(5) During regular
			 business hours when there are residents being sheltered, the following minimum
			 number of staff must be on duty which at a minimum includes one employee:
Range of Number of Residents
Minimum number of staff
1-9
1 staff person
10-21
2 staff persons
22-33
3 staff persons
34-45
4 staff persons
46+
For each additional increment of 12 residents
					 over 46, one additional staff person must be added upon entering the next range
					 of the number of residents.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 455 - Standards For Domestic Violence Sponsoring Agencies And Safe Dwellings › Section 455.8 - Security

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each domestic
			 violence safe dwelling must be secured to ensure the physical safety of
			 residents on a 24-hour basis. At a minimum, each domestic violence safe
			 dwelling must have safety locks on all exit and entry doors. These doors must
			 be secured at all times and specific admittance procedures must be in place for
			 anyone entering the safe dwelling.
(b) Based upon the individual characteristics
			 of each domestic violence safe dwelling, including but not limited to location
			 of the domestic violence safe dwelling and the extent to which the location of
			 the dwelling is known in the community, construction characteristics of the
			 domestic violence safe dwelling and use of the building for purposes other than
			 the provision of services to victims of domestic violence, additional security
			 measures, including but not limited to the hiring of staff and installation of
			 security devices may be required by the Office.
(c) A working telephone with emergency
			 telephone numbers for fire, police and medical assistance posted nearby must be
			 made available for use to residents at all times. The phone must remain in a
			 designated visible location during all hours residents are present in the safe
			 dwelling. Domestic violence safe dwellings that do not have an onsite employee
			 or volunteer must include on this list of emergency numbers the telephone
			 number of the person on call specified in section
			 455.7(b)(4) 
			 of this Part.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 455 - Standards For Domestic Violence Sponsoring Agencies And Safe Dwellings › Section 455.9 - Environmental standards for safe dwellings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to the requirements in this
			 section, each domestic violence safe dwelling approved by a domestic violence
			 sponsoring agency must be in conformance with applicable State and local laws,
			 regulations and ordinances relating to the following areas:
(1) Health and safety;
(2) Sanitation and maintenance
(3) Fire prevention and fire protection;
(4) Building and construction
			 standards;
(5) Plumbing and water
			 supply;
(6) Heating and electrical
			 systems
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 4 - Residential Programs for Victimes of Domestic Violence › Part 455 - Standards For Domestic Violence Sponsoring Agencies And Safe Dwellings › Section 455.10 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the records and reports requirements of
			   section
			   452.9(b) 
			   of this Title, the domestic violence sponsoring agency must maintain an
			   individual record for each domestic violence safe dwelling which includes the
			   following information:
(a) the
			 location and capacity of the domestic violence safe dwelling, a description of
			 the domestic violence safe dwelling's physical plant, the security plan as
			 required by section
			 455.3(b) 
			 of this Part, a diagram of the rooms which must be labeled with the planned use
			 of all areas, and must indicate plumbing fixtures, such as toilets, sinks and
			 bathtubs and/or showers, and the location of smoke detectors, fire
			 extinguishers and telephones;
(b) a
			 list of specific domestic violence safe dwelling rules to be discussed with
			 residents prior to placement;
(c) a
			 record of all fires or accidents or reportable incidents as per the provisions
			 in Part 452.9(a)(6) of this Title involving residents in safe dwellings,
			 including a description of each incident, steps taken to control or manage
			 them, and steps taken to prevent the recurrence of such an incident;
			 and
(d) a copy of the annual
			 reevaluation of the domestic violence safe dwelling which is issued under
			 section
			 455.11(b) 
			 of this Part.
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 4 - Residential Programs for Victimes of Domestic Violence › Part 455 - Standards For Domestic Violence Sponsoring Agencies And Safe Dwellings › Section 455.11 - Supervision of domestic violence safe dwellings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each domestic violence sponsoring agency
			 is responsible for ensuring that domestic violence safe dwellings approved by
			 the domestic violence sponsoring agency pursuant to this Part operate in
			 compliance with Office regulations.
(b) The domestic violence sponsoring agency
			 must reevaluate each approved domestic violence safe dwelling on an annual
			 basis using the standards contained in sections
			 455.8 and
			 455.9 
			 of this Part. This reevaluation must be documented in the domestic violence
			 safe dwelling record.
(c) In the
			 event that a complaint has been made against a domestic violence safe dwelling
			 and the Office has found the health, safety and/or welfare of any resident of
			 the domestic violence safe dwelling to be in imminent danger, the domestic
			 violence sponsoring agency must cease using the domestic violence safe
			 dwelling. The sponsoring agency must remove any residents from the domestic
			 violence safe dwelling and must not place nor arrange to place any other
			 residents in such domestic violence safe dwelling until the sponsoring agency
			 can demonstrate to the Office that the endangering condition(s) have been
			 corrected.
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 5 - Adult and Family Services › Part 456 - Information And Referral Services › Section 456.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local
			 social services department shall provide information about and referral to
			 appropriate community agencies and resources which provide services related to:
(1) financial assistance provided by the
			 district, by SSA or by any other source, including SSI benefits, OASDI,
			 emergency financial needs, public or private resources, food stamps, workers'
			 compensation and disability insurance;
(2) health care and services, including
			 medical assistance, Medicare, maternal and child health services, health
			 screening and preventive services, and speech and hearing;
(3) social services provided by local social
			 services departments, other public agencies and voluntary agencies, and
			 including but not limited to services related to alcoholism, drug addiction,
			 physical and vocational rehabilitation, visual handicaps, housing, social
			 isolation, transportation, home-bound or congregate living, medical and
			 psychiatric problems, foster care, adoption, family planning, protection,
			 deinstitutionalization and reentry into the community;
(4) employment services provided by the
			 Department of Labor or by other public and private community
			 agencies;
(5) other community
			 services related to such areas as education, legal matters, discrimination,
			 recreation and consumer problems.
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 5 - Adult and Family Services › Part 456 - Information And Referral Services › Section 456.2 - Information and resource referral system (IRRS)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local social services department
			 shall assign personnel with appropriate qualifications and in sufficient
			 numbers to implement, operate and monitor the information and referral
			 services.
(b) Each local social
			 services department shall install and maintain a compendium of local community
			 resources, updated annually, to facilitate the use of information and referral
			 activities in the manner prescribed by the State Department of Social
			 Services.
(c) To insure that
			 services are received, each local social services department shall make
			 follow-up efforts, where appropriate, with the individual or family, or with
			 the community agency or facility.
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 5 - Adult and Family Services › Part 456 - Information And Referral Services › Section 456.3 - Publicizing information and referral services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local social services department
			 shall publicize the availability of information and referral services to the
			 community and to public and private agencies.
(b) In order to assure the widest possible
			 dissemination of this information throughout the district, the following means,
			 among others, shall be used:
(1) mass media
			 (local television, radio, newspapers and magazines);
(2) pamphlets and flyers available in the
			 headquarters of each social services department and in each local office
			 thereof and distributed to the Social Security Administration, hospitals,
			 nursing homes, intermediate care facilities, proprietary homes, and other
			 appropriate community locations; and
(3) posters displayed in prominent
			 locations.
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 5 - Adult and Family Services › Part 456 - Information And Referral Services › Section 456.4 - Outreach for information and referral services

Current through Register Vol. 46, No. 28, July 10, 2024
Each local social services department shall make outreach
			   efforts in its community by means of any or all of the following:
(a) public speaking engagements;
(b) stationing of services staff in various
			 community facilities such as schools, hospitals, senior citizen centers,
			 neighborhood centers, and other public and private community
			 agencies;
(c) providing applicants
			 for financial assistance, and recipients of financial assistance at each
			 periodic redetermination of eligibility, with an opportunity to request
			 services and forms prescribed by the State Department of Social
			 Services;
(d) establishing of
			 satellite centers to increase the community's access to services;
(e) in accordance with a plan submitted to
			 and approved by the department, stationing of services staff at Federal social
			 security district offices to provide information and referral services to
			 applicants for supplemental security income and social security
			 benefits.
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 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Protective
			 services for adults is a State-mandated service. The provisions of Parts 400
			 through 407 of this Title apply in general to this service. The following
			 factors relate specifically to protective services for adults, hereinafter
			 referred to as PSA.
(b)
			 Definitions. When used in this Part unless otherwise expressly stated or unless
			 the context or subject matter requires a different interpretation:
(1) Physical abuse means the nonaccidental
			 use of force that results in bodily injury, pain or impairment, including but
			 not limited to, being slapped, burned, cut, bruised or improperly physically
			 restrained.
(2) Sexual abuse means
			 nonconsensual sexual contact of any kind, including but not limited to, forcing
			 sexual contact or forcing sex with a third party.
(3) Emotional abuse means wilful infliction
			 of mental or emotional anguish by threat, humiliation, intimidation or other
			 abusive conduct, including but not limited to, frightening or isolating an
			 adult.
(4) Active neglect means
			 willful failure by the caregiver to fulfill the care-taking functions and
			 responsibilities assumed by the caregiver, including but not limited to,
			 abandonment, willful deprivation of food, water, heat, clean clothing and
			 bedding, eyeglasses or dentures, or health related services.
(5) Passive neglect means nonwillful failure
			 of a caregiver to fulfill care-taking functions and responsibilities assumed by
			 the caregiver, including but not limited to, abandonment or denial of food or
			 health related services because of inadequate caregiver knowledge, infirmity,
			 or disputing the value of prescribed services.
(6) Self neglect means an adult's inability,
			 due to physical and/or mental impairments to perform tasks essential to caring
			 for oneself, including but not limited to, providing essential food, clothing,
			 shelter and medical care, obtaining goods and services necessary to maintain
			 physical health, mental health, emotional well-being and general safety; or
			 managing financial affairs.
(7)
			 Financial exploitation means improper use of an adult's funds, property or
			 resources by another individual, including but not limited to, fraud, false
			 pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced
			 property transfers or denial of access to assets.
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 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.2 - PSA client case record

Current through Register Vol. 46, No. 28, July 10, 2024
The case record of a PSA client must include the
			   following:
(a) Application.
(1) The completion of the application form
			 designated by the department is required in order for the PSA activity to be
			 reimbursed from Federal and State financial participation.
(2) There will be those situations when the
			 adult in need of protective services is unable or unwilling to sign the
			 application or complete information that cannot be immediately obtained. In
			 these situations, the application form shall be completed and, in accordance
			 with department instructions, entries shall be made in the case record
			 documenting the circumstances and reasons why the application form was not
			 signed.
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 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.3 - Eligibility for PSA

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The controlling
			 eligibility factor is the adult's need for such services in that he/she meets
			 the criteria as established in the definition. Except as provided in paragraph
			 (10) of subdivision (c) of section
			 457.1  of this
			 Part, PSA are to be provided such adults without regard to financial
			 eligibility if and as long as State reimbursement is made available.
(b) When other services are used as part of a
			 plan of protective services, the eligibility criteria as established by the
			 local districts component of the CSP then in effect will apply unless otherwise
			 specified.
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 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.4 - Staffing standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Designation. The local commissioner of social services shall designate, as an
			 identifiable assignment, protective services for adult caseworker position(s),
			 as indicated by the district's estimated needs.
(b) Qualifications. Such caseworkers shall:
(1) preferably have had experience in working
			 with the elderly or have basic knowledge in the field of gerontology;
			 and
(2) meet such qualifications as
			 established under section
			 680.1  of
			 this Title.
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 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.5 - Duties and responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
			 the provision of this service, the agency shall be responsible for the services
			 as listed in subdivision (c) of section
			 457.1  of this
			 Part and the then in effect CSP.
(b) Contacts with PSA clients.
(1) PSA staff must maintain contact with PSA
			 clients as frequently as staff of the local social services district determine
			 necessary to assure that the service needs of such clients are adequately met
			 through the utilization of available community resources. The type and
			 frequency of client contacts will depend on:
(i) the specific circumstances of the
			 individual's situation;
(ii) the
			 ability and willingness of family members, friends and neighbors to assist the
			 individual; and
(iii) the
			 involvement of other agencies in the provision of services to PSA
			 clients.
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 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.7 - Coordination and utilization of community resources

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provision of PSA shall not be viewed
			 as a single agency responsibility but rather as a community-based service
			 responsibility.
(b) As such, the
			 local social services agency must make known and, to the extent possible,
			 secure the active participation and cooperation of those community resources
			 providing specific services for adults.
(c) Community resources to be involved will
			 include personnel from medical, psychiatric, nursing and legal resources, law
			 enforcement groups, public service agencies, advocacy groups, church councils
			 and those other public and private service agencies of the particular
			 community. These resources shall constitute a PSA delivery network.
(d) Meetings shall be held with
			 representative community agencies for the purpose of establishing specific
			 agency roles and areas of responsibility in the provision of PSA. The social
			 services district shall initiate such efforts directed at establishing this
			 community-based responsibility unless such action has been initiated by other
			 agencies.
(e) In addition to the
			 involvement of other community agencies in the provision of services to PSA
			 clients, the other divisions/units of the local social services department,
			 such as legal, accounting, medical assistance, income maintenance and services,
			 shall be effectively integrated into the PSA service delivery
			 network.
(f) Social services
			 districts must educate the general public, service providers, advocacy groups
			 and other appropriate agencies about the scope of PSA and how to obtain
			 services. Public education and outreach activities must:
(1) be sufficient to ensure access to
			 PSA;
(2) be conducted on an
			 on-going basis; and
(3) use any
			 informational materials provided by the department.
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 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.9 - Immunity from civil liability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Any social services official or his designee authorized or required to
			 determine the need for or to provide or arrange for the provision of protective
			 services for adults in accordance with sections 473 and
			 473-a  of the Social Services Law shall
			 have immunity from any civil liability that might otherwise result by reason of
			 providing these services, in accordance with section
			 473.3 of
			 the Social Services Law, provided such official or his designee was acting in
			 the discharge of his duties and within the scope of his employment, and that
			 such liability did not result from the willful act or gross negligence of such
			 official or his designee.
(b) Any
			 person who in good faith believes that a person 18 years of age or older may be
			 an endangered adult, as such term is defined at section 473-a  of the Social Services Law, or in
			 need of protective services, and who, based on such belief either:
(1) reports or refers such person to the
			 department, Office for the Aging or any local social services district office
			 or designated area agency on aging, law enforcement agency, or any other
			 person, agency or organization that such person, in good faith, believes will
			 take appropriate action; or
(2)
			 testifies in any judicial or administrative proceeding arising from such report
			 or referral, shall have immunity, in accordance with section 473-b  of the Social Services Law, from any
			 civil liability that might otherwise result by reason of the act of making such
			 report or referral or of giving of such testimony.
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 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.10 - Short-term involuntary protective services orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions. When used in this section
			 unless otherwise expressly stated or unless the context of subject matter
			 requires a different interpretation:
(1)
			 Endangered adult means a person, age 18 or over who is:
(i) in a situation or condition which poses
			 an imminent risk of death or imminent risk of serious physical harm to him or
			 her; and
(ii) lacks the capacity to
			 comprehend the nature and consequences of remaining in this situation or
			 condition. However, refusal by the adult to accept protective services shall
			 not in itself be sufficient evidence of such lack of capacity. In addition,
			 mental illness shall not in itself be sufficient evidence of such lack of
			 capacity.
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 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.11 - Orders to gain access to persons believed to be in need of protective services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. In
			 accordance with the provisions of section 473-c  of the Social Services Law, a social
			 services official may apply to the Supreme Court or the county court for an
			 order to gain access to a person to assess whether that person is in need of
			 PSA when such an official, having reasonable cause to believe that the person
			 may be in need of PSA, is refused access by that person or another individual.
			 Any PSA provided pursuant to this section must be provided in accordance with
			 the provisions of section 473  of the Social Services Law and of this
			 Part.
(b) Response to referrals.
			 Appropriate staff of a social services district must respond to PSA referrals
			 in accordance with the provisions of section
			 457.1(c)(2) 
			 of this Part. If an employee of a social services district who is authorized to
			 provide PSA is denied access to a person who is believed to be in need of PSA
			 by another individual or by such person, the social services district must take
			 the following action:
(1) enlist the aid of
			 family members, friends, neighbors, or staff of other appropriate agencies,
			 including law enforcement agencies, for the purposes of persuading the
			 individual(s) responsible for denying access to a person who may be in need of
			 PSA to permit the district to complete an assessment of the person's need for
			 PSA; and
(2) if the efforts
			 initiated in accordance with paragraph (1) of this subdivision are
			 unsuccessful, the social services district must determine whether or not to
			 apply to the Supreme Court or the County Court for an order to gain access to a
			 person who may be in need of PSA, in accordance with the provisions of this
			 section. In deciding whether or not to apply for such an order, the social
			 services district must determine if the information provided by the referral
			 source and other persons familiar with the situation and the observations of
			 staff of the social services district warrant such an action.
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 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.12 - Community guardianship

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 General. Pursuant to the provisions of section 473-c  of the Social Services Law, a social
			 services district may contract with a community guardian program for the
			 purposes of acting as a guardian on behalf of persons who meet the requirements
			 of subdivision (c) of this section and for whom the district has commenced a
			 special proceeding for the appointment of a guardian pursuant to article 81 of
			 the Mental Hygiene Law.
(b)
			 Definitions. When used in this section, unless otherwise expressly stated or
			 unless the subject matter requires a different interpretation:
(1) Community guardian program means a
			 not-for-profit corporation incorporated under the laws of the State of New York
			 or a local governmental agency which has contracted with or has an agreement
			 with a local social services official to provide guardianship services to
			 adults who are eligible for such services, in accordance with the provisions of
			 article 81 of the Mental Hygiene Law.
(2) Hospital means an inpatient medical
			 facility as defined in subdivision one of section 2801  of the Public Health Law, or the
			 inpatient services of a psychiatric center under the jurisdiction of the Office
			 of Mental Health or any other psychiatric inpatient facility as defined in
			 subdivision 10 of section 1.03  of the Mental Hygiene Law.
(3) Residential facility means any of the
			 following:
(i) a skilled nursing facility or
			 health-related facility operated pursuant to article 28 of the Public Health
			 Law; or
(ii) an alcoholism or
			 substance abuse treatment facility operated pursuant to article 19 or 23 of the
			 Mental Hygiene Law; or
(iii) a
			 community residence, family care home, or other community care facility for the
			 mentally disabled operated pursuant to article 31 of the Mental Hygiene Law;
			 or
(iv) an adult care facility
			 operated pursuant to article 7 of the Social Services Law.