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 900.8 - Transfer and discharge from shelters for families

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Involuntary discharge.
(1) Upon entry to a facility, each family
		    must be advised in writing of the rules of the facility and residents' rights
		    and obligations while residing in the facility. Each family must be advised in
		    writing of the consequences of failing to comply with the rules of the
		    facility, including discharge from the facility and, in certain circumstances,
		    discontinuance of temporary housing assistance.
(2) A facility operator may discharge a
		    family or family member involuntarily from a tier I or tier II facility when
		    the family or family member engages in the following types of conduct or
		    activities:
(i) acts which endanger the
		    health or safety of such person or others;
(ii) acts which substantially and repeatedly
		    interfere with the orderly operation of the facility, including violations of
		    the facility rules;
(iii)
		    unreasonably fails to actively seek or follow up on referrals to housing other
		    than temporary housing;
(iv)
		    unreasonably fails to cooperate in developing, carrying out and completing a
		    service or an independent living plan as required by the social services
		    district;
(v) possesses or sells
		    drugs illegally;
(vi) fails to
		    apply for public assistance benefits within two working days of admission to
		    the facility or to reapply for public assistance benefits within two working
		    days if the family's or family member's case is closed while residing in the
		    facility;
(vii) fails to pay the
		    shelter provider the family's share of the cost of temporary housing in the
		    amount determined by the social services district;
(viii) fails to constitute a family as
		    defined in section
		    900.2  of
		    this Part and cannot reasonably be expected to constitute a family within 30
		    days of the date it is determined the resident(s) does not constitute a
		    family;
(ix) is absent from the
		    facility for more than 48 hours without having complied with the facility's
		    rules concerning absences;
(x)
		    fails to comply with public assistance requirements, including, but not limited
		    to, those set forth in section
		    352.35(e) 
		    of this Title, where the failure to comply results in discontinuance of public
		    assistance benefits;
(xi) steals or
		    deliberately destroys property belonging to another resident, staff, shelter
		    visitors, or deliberately destroys shelter property; or
(xii) is no longer medically appropriate to
		    reside in the facility.
(3) Notwithstanding paragraph (2) of this
		    subdivision, in instances where a family's or family member's temporary housing
		    assistance has been discontinued pursuant to section
		    352.35 
		    of this Title, the facility operator must discharge the family or family member
		    as directed by the social services district.
(4) If the family or family member is
		    currently residing in a tier I or tier II facility, and the family's or family
		    member's temporary housing assistance has not been discontinued pursuant to
		    section
		    352.35 
		    of this Title, the family or family member may be involuntarily discharged to
		    another tier II facility or similar facility, a tier I facility as appropriate
		    or, if family shelter care is no longer appropriate, to other
		    housing.
(5) A decision to
		    discharge a family or family member involuntarily may be challenged in a
		    pre-discharge hearing conducted by the social services district, or its
		    designee, in accordance with procedures contained in the operational plan
		    approved by the office, unless the family's or family member's temporary
		    housing assistance has been discontinued pursuant to section
		    352.35 
		    of this Title. If the social services district does not directly operate the
		    tier II facility, it may designate the operator of the facility to conduct such
		    discharge hearings. Where the social services district so designates the
		    operator, it is the operator's responsibility to ensure that such hearings are
		    conducted by an impartial adjudicator. The adjudicator may not be staff or an
		    employee of the facility in which the family or family member resided when the
		    notice of discharge was issued. The adjudicator must not have been a party to
		    the decision to discharge the family or family member, or be subordinate to the
		    person(s) who made the decision. The social services district must monitor
		    hearings conducted by adjudicators pursuant to procedures which have been
		    submitted to, and approved by, the office. If a pre-discharge hearing is
		    requested, and the family's or family member's temporary housing assistance has
		    not been discontinued pursuant to section
		    352.35 
		    of this Title, the family or family member must be allowed to remain in a tier
		    II facility pending the issuance of the decision after hearing. All decisions
		    must be in writing on a form prescribed by the office.
(6) Unless the family's or family member's
		    temporary housing assistance has been discontinued pursuant to section
		    352.35 
		    of this Title, no family or family member may be involuntarily discharged until
		    the following procedures are observed:
(i)
		    for families residing in tier II facilities, the family has been given written
		    notice on a form prescribed by the office of the discharge decision and of the
		    reasons therefor; such notice must include a statement that the family or
		    family member has a right to a pre- discharge hearing conducted by the social
		    services district, or the social services district's designee. If any such
		    hearing is requested, such notice must include a statement that the family or
		    family member has the right to remain in the facility pending the issuance of
		    the decision after hearing. Such notice must include a statement that if the
		    family or family member participates in such a hearing and receives an adverse
		    hearing decision, that the family or family member must leave the facility, but
		    may request a fair hearing held under Part 358 of this Title to challenge the
		    discharge decision and a statement describing how such a fair hearing may be
		    obtained;
(ii) the family's need
		    for protective services for adults, preventive services or protective services
		    for children, or for other social services has been evaluated and an
		    appropriate referral has been made if necessary; and
(iii) if criminal activity may have occurred,
		    the appropriate law enforcement agency has been contacted;
(iv) if the family member to be involuntarily
		    discharged is a minor child or the sole parent or caretaker relative of a child
		    under the age of 18, provision for care, services, and support for the minor
		    child and the family has been made consistent with the needs of the child and
		    family; such care, services, and support must be provided in a manner
		    consistent with current statute and regulation, including but not limited to
		    sections
		    430.9 
		    (appropriate provision of mandated preventive services) and 430.10 (necessity
		    of placement) of this Title.
(7) A family or family member who has been
		    involuntarily discharged from a tier II facility and who has requested and
		    participated in a hearing as described in paragraph (6) of this subdivision
		    may, after such discharge, request a fair hearing from the office under Part
		    358 of this Title to review the decision to discharge, unless the family's or
		    family member's temporary housing assistance has been discontinued pursuant to
		    section
		    352.35 
		    of this Title. If the family or family member's temporary housing assistance
		    has been discontinued pursuant to section
		    352.35 
		    of this Title, such family or family member may request a fair hearing in
		    accordance with section
		    352.35(h) 
		    of this Title.
(8) A family or
		    family member who has requested a fair hearing as described in paragraph (7) of
		    this subdivision and who is found by the fair hearing decision to have been
		    wrongfully discharged from the facility must be offered an opportunity to
		    return to the tier II facility from which the family or family member was
		    discharged as soon as an appropriate vacancy becomes available. No such
		    opportunity may be offered if the family or family member no longer meets the
		    requirements for residency in a tier II facility as set forth in section
		    900.6(f) 
		    of this Part or if the family or family member has obtained permanent
		    housing.
(9) A family or family
		    member may be involuntarily discharged from a tier II facility without being
		    provided a hearing as described in paragraphs (6) and (7) of this subdivision
		    to review the discharge if the basis for the discharge is that the family or
		    family member is no longer medically appropriate to reside in the facility, as
		    determined by qualified medical personnel, the family or family member's
		    temporary housing assistance has been discontinued pursuant to the provisions
		    of section
		    352.35 
		    of this Title or, the family or family member has been absent from the facility
		    for more than 48 hours without having complied with the facility's rules
		    concerning absence and has not been readmitted to the facility. The 48-hour
		    period begins at the start of the period of the unauthorized absence. A written
		    record of all unauthorized absences must be maintained by the facility: A
		    family or family member who is being discharged without being provided a
		    hearing pursuant to paragraph (6) of this subdivision must be provided, in
		    writing, with the reason for discharge.
(10) After receiving notification from the
		    social services district of its intention to discontinue temporary housing
		    assistance pursuant to the provisions of section
		    352.35 
		    of this Title, a family or family member may not be involuntarily discharged
		    pursuant to the provisions of this subdivision without the approval of the
		    social services district.