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 3 - Child-care Agencies › Part 450 - Limited Secure Facilities for Youth in the Custody of Social Services Districts › Section 450.3 - Approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An authorized
			 agency may apply to the office for an operating certificate to operate an
			 institution, group residence, group home or agency boarding home as a limited
			 secure facility, in a form and manner as required by the office.
(b) The office shall approve an institution,
			 group residence, group home or agency boarding home as a limited secure
			 facility and issue an operating certificate for such facility only upon a
			 determination that the institution, group residence, group home or agency
			 boarding home is in substantial compliance with the requirements of this Part
			 and all other applicable requirements.
(c) The provisions of Parts 476 and 477 of
			 this Title shall apply to any application for, and issuance of, an operating
			 certificate to operate an institution, group residence, group home or agency
			 boarding home as a limited secure 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 3 - Child-care Agencies › Part 450 - Limited Secure Facilities for Youth in the Custody of Social Services Districts › Section 450.4 - Placement and transfers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a
			 youth is placed in the custody of the commissioner of a local social services
			 district for placement in a limited secure level of care, the youth must be
			 placed initially in a limited secure facility.
(b) A youth placed in the custody of a
			 commissioner of a social services district for placement in either a non-secure
			 or limited secure level of care may be placed in a limited secure facility, as
			 determined by such commissioner.
(c) If a youth is placed in the custody of
			 the commissioner of a local social services district for placement in a
			 non-secure level of care, the youth may not be placed initially in a limited
			 secure facility.
(d) A youth placed
			 in a limited secure facility in accordance with this section may be transferred
			 to a different limited secure facility or to a non-secure facility when the
			 interests of the youth require such action. Any such transfer must comply with
			 the requirements of subdivision (13) of section 404  of the Social Services
			 Law.
(e) A youth placed in a
			 limited secure facility who has been transferred to a non-secure facility may
			 be returned to a limited secure facility upon a determination by the social
			 services district with custody of the youth that, for any reason, care and
			 treatment at the non-secure facility is no longer suitable for that
			 youth.
(f) A commissioner of a
			 local social services district who determines that a youth placed in a limited
			 secure facility requires placement in a secure facility must petition the
			 family court that placed the youth in the custody of the local commissioner for
			 an order placing the youth in the custody of the office. The local commissioner
			 must notify the office at least five business days prior to filing such a
			 petition and must include the office as a necessary party in the
			 petition.
(g) If the office
			 determines that a youth in the custody of the office should be transferred from
			 a facility operated by the office to a non-secure or limited secure facility
			 which holds an operating certificate issued by the office to an authorized
			 agency, and the county from which the youth was placed is approved to operate a
			 juvenile justice services close to home program for juvenile delinquents placed
			 in non-secure or limited secure settings, the office must petition the family
			 court that placed the youth in the custody of the office for an order placing
			 the youth in the custody of the commissioner of the local social services
			 district. The office must notify the local commissioner at least five business
			 days prior to filing such a petition and must include the local commissioner as
			 a necessary party in the petition.
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 3 - Child-care Agencies › Part 450 - Limited Secure Facilities for Youth in the Custody of Social Services Districts › Section 450.5 - Buildings used for a limited secure facility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All buildings used for purposes of the
			 operation of a limited secure facility shall comply with all applicable
			 requirements of Federal, State and local laws, ordinances, rules and
			 regulations, including but not limited to the Americans with Disabilities Act
			 and the Prison Rape Elimination Act.
(b) The facility shall have discrete living
			 units within the facility for the youth residing in the facility.
(1) Each living unit shall house no more than
			 12 youth.
(2) Each living unit
			 shall have for the use of youth at least:
(i)
			 two sinks;
(ii) two
			 toilets;
(iii) two showers;
			 and
(iv) ready access to one
			 washing machine and one dryer, unless the facility uses a central laundry
			 system.
(3) Each
			 facility shall have sufficient space to provide offices for assigned clinicians
			 and staff providing direct services to youth either within the unit or in areas
			 readily accessible to the unit; and
(4) The interior décor of living units
			 shall be responsive to the age, cultural backgrounds and gender of the youth
			 served. Facilities shall create a homelike appearance to the extent reasonably
			 possible in order to encourage positive youth development.
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 3 - Child-care Agencies › Part 450 - Limited Secure Facilities for Youth in the Custody of Social Services Districts › Section 450.6 - Security

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A limited
			 secure facility shall have a control center for which designated staff members
			 are responsible 24 hours a day. The control center, at a minimum, shall contain
			 and maintain all necessary security and emergency equipment and have sufficient
			 space to effectively monitor and coordinate the facility's internal and
			 external security, communications, safety and detection systems, and the
			 movement of youth within the facility.
(b) The facility shall properly maintain the
			 security of the facility perimeter including but not limited to the following:
(1) the perimeter of the facility must be
			 lighted during periods of darkness or the facility must use motion sensors to
			 detect when persons cross the facility perimeter;
(2) all youth, staff, and visitors, whether
			 in vehicles or as pedestrians, must use the designated entry and exit points to
			 enter and leave the facility;
(3)
			 there must be sufficient control of the perimeter to prevent youth from leaving
			 the facility other than at the designated entry and exit points, and to prevent
			 access to the facility by the general public other than at the designated entry
			 and exit points;
(4) the entry and
			 exit points must be appropriately secured; and
(5) the facility may use security fences to
			 secure the perimeter to prevent unauthorized persons from entering or otherwise
			 gaining access to the facility, to prevent youth from leaving the facility
			 without authorization, and to protect the safety of the youth and staff. Any
			 fencing must meet the appropriate industry standards for security
			 fencing.
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 3 - Child-care Agencies › Part 450 - Limited Secure Facilities for Youth in the Custody of Social Services Districts › Section 450.9 - Other applicable standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 institution, group residence, group home or agency boarding home holding an
			 operating certificate from the office as a limited secure facility shall comply
			 with all standards otherwise applicable to such facility pursuant to this
			 Title, except where there is a conflict between the standards in this Part and
			 standards set forth elsewhere in this Title, in which case the standards set
			 forth in this Part shall apply. Placements into limited secure facilities and
			 any changes in the placement of such youth shall be subject to all applicable
			 provisions of the Family Court Act, section 404  of the Social Services Law, and
			 all other applicable provisions of law in addition to the requirements of this
			 Part.
(b) Office staff performing
			 official functions shall have full access at all times to the grounds and
			 buildings of a limited secure facility, the staff and residents, and any
			 records of the facility in whatever form the records are maintained, including
			 electronic and video records. The office may require from the persons and/or
			 agency operating the facility any information or documents the office deems
			 necessary for the discharge of the office's oversight of the
			 facility.
(c) An institution, group
			 residence, group home or agency boarding home holding an operating certificate
			 from the office as a limited secure facility shall be subject to and must
			 comply with the requirements as set forth in Part 433 of this Title.
(d) An institution, group residence, group
			 home or agency boarding home holding an operating certificate from the office
			 as a limited secure facility shall be subject to and must comply with the
			 requirements set forth in Part 441 of this Title and, as applicable to the type
			 of facility, Part 442, 447 or 448 of this Title.
(e) Records of youth in limited secure
			 facilities shall be maintained in the form and manner required by the office,
			 including but not limited to maintenance of those records required by the
			 office to be maintained in the CONNECTIONS system in the same manner as records
			 for youth in foster care under the Social Services Law.
(f) Records concerning youth in limited
			 secure facilities are confidential and shall be subject to the provisions of
			 section 372  of the Social Services Law and any other applicable provisions of
			 law concerning the confidentiality of records. Information that could
			 reasonably identify a youth as being in a limited secure placement shall not be
			 released by the office, a social services district or an authorized agency,
			 expect as otherwise provided by law.
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 3 - Child-care Agencies › Part 450 - Limited Secure Facilities for Youth in the Custody of Social Services Districts › Section 450.10 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any provision
			 of other Parts of this Title notwithstanding, a written waiver of one or more
			 of the nonstatutory requirements of this Part or of Part 441, 442, 447 or 448
			 of this Title may be issued by the office to an applicant for, or the holder
			 of, an operating certificate from the office to operate a limited secure
			 facility under this Part. The waiver may be issued at the time of application
			 for an operating certificate or subsequent to the issuance of an operating
			 certificate. A facility which applies for a waiver subsequent to the issuance
			 of an operating certificate must operate in full compliance with the
			 regulations at all times prior to the issuance of a waiver.
(b) An applicant for, or holder of, a
			 certificate to operate a limited secure facility must submit to the office, in
			 writing, any request for a waiver pursuant to this section. The office may
			 prescribe a form to be used for waiver requests. The application for a waiver
			 must include:
(1) the specific regulation or
			 regulations for which a waiver is sought;
(2) the reason a waiver is necessary;
			 and
(3) a description of what will
			 be done to achieve or maintain the intended purpose of the regulation or
			 regulations for which a waiver is sought and to protect the health, safety and
			 welfare of the youth in the 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 3 - Child-care Agencies › Part 451 - Group Emergency Foster Care › Section 451.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
			 of this Part shall apply as specified herein to all group emergency foster care
			 programs established by a social services district through a purchase of
			 service agreement with a voluntary authorized agency.
(b) The provisions of this Part shall not
			 apply to group emergency foster care programs operated directly by social
			 services districts.
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 3 - Child-care Agencies › Part 451 - Group Emergency Foster Care › Section 451.2 - Establishment and operation of group emergency foster care programs

Current through Register Vol. 46, No. 28, July 10, 2024
A social services official may establish and operate
			   through purchase of service agreement with a voluntary authorized agency a
			   group emergency foster care program only when the following conditions are
			   met:
(a) the voluntary authorized
			 agency holds a valid operating certificate issued by the department for an
			 institution, group home or agency boarding home;
(b) the program has been designated a group
			 emergency foster care program by the local social services official and such
			 designation has been approved by the department. Approval by the department
			 shall be based on programmatic need as set forth in the local district's
			 consolidated services plan or a written analysis of the extent and duration of
			 the district's need for additional group emergency foster care beds as
			 submitted by the district to the department;
(c) the designated group emergency foster
			 care program shall be operated in one or more agency operated boarding homes or
			 group homes, or a portion of an institution, which is physically and
			 programmatically distinct from other types of foster care programs operated by
			 the agency; and
(d) the designated
			 group emergency foster care program shall meet all applicable requirements of
			 Parts 441, 442, 447 and 448 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 3 - Child-care Agencies › Part 451 - Group Emergency Foster Care › Section 451.3 - Limitations on reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall establish rates of reimbursement for
			   approved group emergency foster care programs pursuant to the provisions of
			   section 398-a  of the Social Services Law. The
			   following limitations on reimbursement shall apply:
(a) The department shall reimburse a social
			 services district for the care of a child in a group emergency foster care
			 program for a period not to exceed 90 days at any one time, unless:
(1) the child is awaiting placement in a
			 facility operated or supervised by the Office of Mental Health or the Office of
			 Mental Retardation and Developmental Disabilities; and
(2) the child's case record contains
			 documentation that the child has been accepted for placement in the facility
			 but cannot be placed until an opening becomes available.
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 3 - Child-care Agencies › Part 451 - Group Emergency Foster Care › Section 451.4 - Intake

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Designated
			 group emergency foster care programs shall accept eligible clients in such
			 programs on a 24-hour basis, 365 days a year.
(1) In order to be eligible for group
			 emergency foster care, a child must be:
(i)
			 referred by a social services district for temporary care;
(ii) in a situation requiring immediate care
			 which must be documented in the child's case record; and
(iii) a child for whom no other immediate and
			 appropriate foster care placement is available.
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 3 - Child-care Agencies › Part 451 - Group Emergency Foster Care › Section 451.5 - Services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Diagnostic
			 evaluation.
(1) A group emergency foster care
			 program shall have the ability to conduct diagnostic evaluations on children
			 placed on an emergency basis. Such evaluation shall be conducted by a certified
			 social worker, or a social worker under the supervision of a certified social
			 worker, and a licensed psychiatrist or psychologist for the purpose of planning
			 services for a child who is in a group emergency foster care program.
(2) The purpose of a diagnostic evaluation is
			 to assess each child's and family's service needs and to make recommendation(s)
			 regarding the most appropriate service(s) plan for a child and
			 family.
(3) A district shall
			 provide all appropriate information on the child and family to program
			 personnel of an emergency foster care program within three business days of the
			 initial placement.
(4) A group
			 emergency foster care program shall determine the child's diagnostic needs on
			 the basis of such information provided by the district. If the child has
			 received a diagnostic evaluation within the previous year, the emergency
			 program is not required to perform a diagnostic evaluation but is required to
			 comply with all other provisions of Part 428 of this Title.
(5) Except as provided in paragraph (4) of
			 this subdivision, a diagnostic evaluation shall be initiated on a child within
			 30 days of placement in a group emergency foster care program.
(6) A diagnostic evaluation completed on a
			 child in emergency foster care shall include the following components:
(i) a child and family assessment;
(ii) psychological or psychiatric and medical
			 evaluations; and
(iii) an
			 assessment of the educational placement needs of the child based on the child's
			 school or vocational performance and interest(s).
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 3 - Child-care Agencies › Part 451 - Group Emergency Foster Care › Section 451.6 - Staffing requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Group
			 emergency foster care program(s) shall maintain minimum staffing according to
			 the following:
(1) The program shall maintain
			 a caseworker to child ratio of 1 to 10. In a situation where the number of
			 children is not a multiple of 10, an agency may use part-time staff to meet
			 this requirement.
(2) The program
			 must maintain at least one full-time child care supervisor.
(3) Staff responsible for child care
			 supervision must be at a minimum level of one full-time child care worker for
			 each five children in care during periods when children are awake. When the
			 number of children in the program is not a multiple of five, up to two
			 additional children can be placed in a program without an additional worker.
			 (For example, a program of 12 children would need two workers, whereas a
			 program of 13 children would need an additional worker during times when
			 children are awake.)
(4) At least
			 one child care worker shall be on duty in the program at all times. There shall
			 be an awake staff member on duty in the program during sleeping hours. If the
			 program size is larger than 12 children, an additional staff member shall be
			 available on an as needed basis or on the premises of the facility where the
			 program is operated.
(5) There
			 shall be at least one recreation employee per program in addition to the child
			 care worker requirement under paragraph (3) of this subdivision. The recreation
			 employee shall be available outside regular school hours.
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 3 - Child-care Agencies › Part 451 - Group Emergency Foster Care › Section 451.8 to 451.11 - Renumbered

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 452 - GENERAL PROVISIONS › Section 452.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part apply to any program defined
			   herein to residential programs for victims of domestic violence and will be
			   considered separate from Parts 485-491 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 452 - GENERAL PROVISIONS › Section 452.4 - Required documentation in support of an application to operate a residential program for victims of domestic violence

Current through Register Vol. 46, No. 28, July 10, 2024
The completed application to the Office must include the
			   following:
(a) the name of the
			 residential program;
(b) the type
			 of residential program for victims of domestic violence which the applicant
			 seeks to operate;
(c) with the
			 exception of safe home networks, safe homes, domestic violence sponsoring
			 agencies, and safe dwellings, evidence of inspection and approval from
			 applicable local authorities and officials, regarding compliance with health,
			 sanitation, fire safety and building code requirements;
(d) the name and address of the
			 not-for-profit organization operating the residential program, and, where
			 applicable, either:
(1) a copy of the
			 articles of association and proof of Federal tax-exempt status; or
(2) a copy of the certificate of
			 incorporation and verification of filing with the Department of State for
			 incorporation;
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 452 - GENERAL PROVISIONS › Section 452.5 - Operating certificates: general provisions, enforcement and hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Issuance. An
			 operating certificate will be issued to a residential program for victims of
			 domestic violence only when it has been determined after a review of the
			 completed application and supporting documentation submitted by the program,
			 and an onsite inspection of the domestic violence shelter or domestic violence
			 mixed occupancy shelter by the Office, has determined the program is in
			 compliance with all applicable regulations.
(b) Duration. An operating certificate will
			 be valid for up to three years from date of issuance and only for the premises
			 specified and may be limited, suspended or revoked at any time for failure to
			 comply with regulations of the Office or for just cause.
(c) General provisions.
(1) The certificate must be prominently
			 displayed in the shelter, domestic violence program or mixed occupancy shelter,
			 network office, or sponsoring agency office.
(2) The certificate will specify the maximum
			 number of residents who may be in residence at the residential program for
			 victims of domestic violence at any one time, or the maximum number of safe
			 homes or safe dwellings which may be approved. For domestic violence sponsoring
			 agencies, the certificate will also specify the maximum number of residents for
			 each safe dwelling at any one time.
(3) There will be no fee for the issuance of
			 an operating certificate.
(4)
			 Certificates are not transferable.
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 452 - GENERAL PROVISIONS › Section 452.6 - Renewal of the operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A provider of a residential program for
			 victims of domestic violence must submit an application for renewal of the
			 operating certificate to the Office at least 45 days prior to the expiration of
			 said certificate. Such application must be made on the forms prescribed by the
			 Office and, with the exception of safe homes and safe dwellings, must include a
			 copy of the most recent local inspection of the facility as required by section
			 452.4(c) 
			 of this Part.
(b) Failure to submit
			 an application for renewal of an operating certificate within the time limits
			 established by subdivision (a) of this section may, at the discretion of the
			 Office, constitute grounds for denial of any subsequent application for
			 renewal.
(c) In accordance with the
			 State Administrative Procedure Act (SAPA) Section 401, when a provider has
			 submitted an application for renewal in a timely manner, the existing operating
			 certificate will not expire until the application has been finally determined
			 by the Office.
(d) Renewal will be
			 dependent upon current fiscal viability, demonstration of the continued ability
			 of the provider to operate the residential program in compliance with
			 regulations, and, for programs for which section
			 452.4(c) 
			 of this Part applies, demonstration of satisfactory compliance with the State
			 and local health, sanitation, fire safety and building code requirements, where
			 applicable.
(e) Following review of
			 the renewal application and any required inspection report, the Office will
			 determine whether the residential program is in compliance with Office
			 regulations, and if a satisfactory recommendation is issued, the operating
			 certificate will be renewed for a period up to, but no more than, three
			 years.
(f) If the Office proposes
			 to deny the application for renewal, the provider will be notified of the
			 reasons for denial, the right to a hearing and the date, time and place of the
			 hearing, in accordance to the procedures established by Part 343 of this Title.
			 The Office may take additional enforcement action concurrent with the denial.
(1) Any violation of applicable statutes or
			 regulations may constitute the basis for denial of the renewal application.
(i) The notification for such hearing must be
			 to the provider at least 30 days prior to the date of the hearing, in
			 accordance to the procedures of Part 343 of this Title.
(ii) The denial will become final if the
			 provider fails to request an adjournment within the 30-day period or does not
			 appear at the hearing.
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 452 - GENERAL PROVISIONS › Section 452.7 - Amendment of the operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provider must submit an application
			 to amend an operating certificate in such manner and on such forms as
			 prescribed by the Office prior to:
(1) any
			 change in any information located on the operating certificate; or
(2) any requested change to facility's
			 capacity as defined in 452.5(c)(2) 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 452 - GENERAL PROVISIONS › Section 452.8 - Supervision and inspection by the Office

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Residential programs for victims of
			 domestic violence are subject to the inspection and supervision of the Office.
			 The purpose of such supervision and inspection is to ensure that such programs
			 are in compliance with all applicable State and local laws and regulations, and
			 to determine that the services provided are adequate, appropriate, and in
			 accordance with the operating certificate.
(b) With the exception of safe home networks,
			 which only must allow the Office access to safe homes under circumstances
			 specified in section
			 454.11(e) 
			 of this Title, residential programs for victims of domestic violence must allow
			 the Office, as specified in subdivisions (c) and (d) of this section, access to
			 any building or property owned, leased, rented, or directly controlled by the
			 program and any books, papers, employees, and residents of the program in order
			 to determine, and if necessary, effect compliance with applicable laws and
			 regulations and with the provider's application and operating certificate.
			 Failure to allow such access constitutes grounds for the limitation,
			 suspension, or revocation of an operating certificate and any individual that
			 intentionally refuses to allow such access to the Office shall be guilty of a
			 misdemeanor pursuant to section 460-c (5)  of the Social
			 Services Law.
(c) Inspection means
			 the process of inquiry and investigation and includes periodic announced or
			 unannounced onsite investigations, as set forth in subdivision (d) of this
			 section, private interviews with residents, review and investigation of books
			 and records, compilation of written, photographic or other physical evidence
			 and such collateral contact as the Office deems necessary to determine
			 compliance with applicable laws or regulations. Interviews with residents are
			 voluntary. A resident will be interviewed only when the resident has consented
			 to a private interview.
(1) Access to
			 personally identifying information contained in books and records is permitted
			 only upon informed, written, and reasonably time-limited consent from the
			 resident. Reasonable accommodations must be made for those who may be unable,
			 due to disability or other functional limitation, to provide consent in
			 writing.
(2) Nothing in this
			 section shall prohibit access to books and records containing personally
			 identifying information when a report of child abuse or maltreatment has been
			 made.
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 452 - GENERAL PROVISIONS › Section 452.11 - Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Review of
			 applicants/general.
(1) Each program
			 must review and evaluate the background of all applicants for staff positions,
			 whether employees or volunteers. All applicants whose backgrounds must be
			 checked are required to provide the following:
(i) a statement or summary of the applicant's
			 employment history, including, but not limited to, any domestic violence and/or
			 human services experience;
(ii) a
			 statement or summary of the applicant's educational background, including, but
			 not limited to, any degrees, certifications and/or licenses.
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 452 - GENERAL PROVISIONS › Section 452.12 - Emergency Core Services

Current through Register Vol. 46, No. 28, July 10, 2024
Emergency services. In addition to the provision of
			   temporary shelter at the facility, which must be available on a 24-hour basis,
			   seven days a week, including weekends and holidays, the following emergency
			   services must be offered and provided directly by the residential program or,
			   in the case of medical services, through a linkage agreement. Acceptance of any
			   service on behalf of the resident is voluntary.
(a) Hotline services: The provision of
			 immediate live assistance to victims of domestic violence through a telephone
			 hotline which provides crisis intervention counseling and information and
			 referral, and referrals to other available residential programs when the
			 facility is filled to capacity.
(1) Such
			 telephone hotline assistance must be made available on a 24-hour basis, seven
			 days a week, including weekends and holidays.
(2) Admissions into domestic violence
			 shelters and mixed occupancy shelters must be available on a 24-hours basis,
			 seven days a week, including weekends and holidays.
(3) Admissions to safe homes and safe
			 dwellings will be determined by the safe home network and domestic violence
			 sponsoring agency's policies and may be limited to regular business hours.
(4) Compensated employees or
			 volunteers responsible for the provision of such services must be knowledgeable
			 about the dynamics of domestic violence intervention, facility services and the
			 availability of community resources.
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 452 - GENERAL PROVISIONS › Section 452.13 to 452.28

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 453 - Standards For Domestic Violence Shelters and Mixed Occupancy Shelter › Section 453.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part apply solely to facilities
			   defined as domestic violence shelters and domestic violence programs in section
			   452.2(b) and
			   (d)  of this Title. For the purposes of this
			   Part, a domestic violence program will be referred to as "mixed occupancy
			   shelter."
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 453 - Standards For Domestic Violence Shelters and Mixed Occupancy Shelter › Section 453.2 - 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 453 - Standards For Domestic Violence Shelters and Mixed Occupancy Shelter › Section 453.3 - General requirements for operation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to the requirements specified
			 in Part 452 of this Title, buildings, equipment and services must be adequate
			 to meet the physical and social needs of all residents and to protect their
			 health, safety, comfort, and well-being.
(b) Programs must comply with all applicable
			 local and State codes, regulations, ordinances and laws relating to health,
			 safety, sanitation, fire prevention and building standards.
(c) All requirements of this Part and Part
			 452 of this Title must be met unless an exception has been granted pursuant to
			 section
			 452.3(f) 
			 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 453 - Standards For Domestic Violence Shelters and Mixed Occupancy Shelter › Section 453.4 - 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
			 when the facility is 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 453 - Standards For Domestic Violence Shelters and Mixed Occupancy Shelter › Section 453.6 - Security

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The program
			 must provide 24-hour security at the facility to meet the physical safety needs
			 of residents and staff. At a minimum, each facility 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
			 facility.
(b) A description of the
			 security system must be submitted to the Office for review and approval prior
			 to the issuance of any operating certificate or extension thereof.
(c) Based upon the individual characteristics
			 of each program, including, but not limited to location of the facility and the
			 extent to which the location is known in the community, size of the facility,
			 construction characteristics of the facility, and use of the building or site
			 location 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.
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 453 - Standards For Domestic Violence Shelters and Mixed Occupancy Shelter › Section 453.7 - Environmental standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
			 addition to requirements specified in this section, each facility 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; and
(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 453 - Standards For Domestic Violence Shelters and Mixed Occupancy Shelter › Section 453.8 - Disaster and emergency plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Each facility must have written disaster and emergency plan(s) approved by the
			 Office. Such emergency plans must detail the procedures to be followed for
			 residents and staff in the event of an emergency or disaster, such as fire,
			 flood, severe storms, bomb threats, terrorist attack, medical emergency or
			 power failure, etc.
(1) The plan must also
			 address emergency preparedness protocols, and include a medical care plan for
			 obtaining emergency professional assistance on a 24-hour basis, seven days a
			 week, including weekends and holidays.
(2) Each resident must be informed of the
			 plan including evacuation procedures upon admission.
(3) All employees and volunteers of the
			 program must be knowledgeable of the disaster and emergency plan(s) and of
			 their responsibilities under such plan(s).
(4) The plan must be reviewed annually, and
			 any updates or revisions must be submitted to the Office for approval.
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 453 - Standards For Domestic Violence Shelters and Mixed Occupancy Shelter › Section 453.9

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 454 - Standards For Safe Home Networks And Safe Homes › Section 454.1 - 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 safe home networks and safe homes for victims
			   of domestic violence, and are separate from Parts 453 and 455 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 454.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Along with the provisions of Part 452.2 of this Title,
			   for the purposes of this Part, the following definitions apply as it pertains
			   to safe homes:
(a) Safe home provider
			 means a person who has been approved by a safe home network to provide
			 temporary shelter in his/her residence to victims of domestic
			 violence.
(b) Safe home provider
			 family or household member means each person who is currently residing in the
			 home of the prospective or approved safe home provider.
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 454.3 - General requirements for operation of a safe home network

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Safe home
			 networks are responsible for approving safe homes Residents may only be placed
			 in those safe homes which have met the requirements for approval as contained
			 in section
			 454.9 
			 of this Part.
(b) Safe home
			 networks having a maximum length of stay policy of less than 90 days must have
			 an established linkage, to the extent shelters and services are available, with
			 an approved domestic violence shelter or domestic violence program to refer
			 safe home residents who continue to be in need of temporary shelter and
			 emergency services beyond the stay permitted at a safe home.
(c) Safe home networks must develop a
			 recruitment and retention plan to facilitate the availability of safe homes for
			 victims of domestic violence and their children who need temporary shelter and
			 emergency services. Such plan should articulate the strategies the safe home
			 network is using to generate a sufficient number of safe homes as indicated on
			 the safe home network operating certificate.
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 454.4 - Responsibility for placement

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the admission standard set forth in
			   section
			   452.9(a)(5) 
			   of this Title, prior to each placement, safe home networks must make an inquiry
			   into the general health and well-being of each member of the safe home
			   household and arrange to place prospective residents in only those approved
			   homes that the network has ascertained have no health problems which could
			   endanger the health, safety or well-being of prospective 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 454.5 - 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 safe homes;
			   provided, however, that networks 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 454 - Standards For Safe Home Networks And Safe Homes › Section 454.6 - Safe home network responsibilities/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 written agreement entered into by the safe home network and
			   the resident must also contain:
(a)
			 the rules of the safe home provider;
(b) the requirement for residents to keep
			 confidential the name and address of the safe home provider and any other
			 residents and to disclose such information only to those persons authorized by
			 the network;
(c) the requirement of
			 residents to be responsible for the supervision and management of their
			 children during their stay in a safe home; and
(d) the requirement for safe home networks to
			 have contact with each adult resident twice each week.