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 452.9 - General operational standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Admission standards.
(1) With the exception of those persons
			 described in paragraph (2) of this subdivision and to the extent space is
			 available, residential programs for victims of domestic violence must provide
			 emergency services and temporary shelter to any victim of domestic violence, as
			 defined in section
			 452.2(t) 
			 of this Part. Residential programs must provide appropriate available services
			 for all victims of domestic violence, regardless of race, creed, color,
			 national origin, sexual orientation, gender identity or expression, military
			 status, sex, marital status, disability, alien or non-qualified
			 alien.
(2) Programs may not accept
			 or retain any person who:
(i) is likely to
			 cause danger to himself/herself or others or to substantially interfere with
			 the health, safety, or provision of services to other residents;
(ii) is in need of a level of medical, mental
			 health, nursing care or other assistance that cannot be rendered safely and
			 effectively by the particular program, or that cannot be reasonably provided
			 with a reasonable accommodation as defined in Part 452.2(m) of this Title and
			 paragraph (4) of this section, or through the assistance of other community
			 resources;
(iii) has a generalized
			 systemic communicable disease, as identified by the New York State Department
			 of Health or a local health department, or a readily communicable local
			 infection which could be easily transmitted under normal shelter conditions to
			 other residents and cannot be properly isolated.
(iv) refuses to agree, accept, or adhere to
			 the rights and responsibilities as specified in paragraph (7) of this
			 section.
(3) Prior to
			 the admission of a person to a residential program for victims of domestic
			 determine whether such person is a victim of domestic violence as defined in
			 section
			 452.2(t) 
			 of this Part, whether such person fits any of the criteria described in
			 paragraph (2) of this subdivision, and whether the individual program can
			 appropriately meet such person's physical and personal needs. Persons who do
			 not meet admission criteria must be referred to appropriate community
			 resources.
(4) Reasonable
			 accommodations may include changes to the physical environment,
			 policies/procedures or practices which permit a domestic violence victim or
			 his/ her child with a disability to be able to receive emergency services and
			 temporary shelter in a residential program for victims of domestic violence if
			 such changes are readily achievable. Readily achievable means easily
			 accomplishable and able to be carried out without much difficulty or expense.
			 In determining whether an action is readily achievable, factors to be
			 considered include:
(i) The nature and cost
			 of the change needed; and
(ii) The
			 overall financial resources of the residential program for victims of domestic
			 violence; the number of persons served at such facility; the effect on expenses
			 and resources or the impact otherwise of such action upon the operation of the
			 facility; the number, type and location of its facilities.
(5) Service animals and therapy dogs.
(i) Service animals and therapy dogs must be
			 allowed to accompany domestic violence victims to a residential program for
			 victims of domestic provided that the service animal does not impose an undue
			 burden on the residential program for victims of domestic violence. Service
			 animals and therapy dogs must be under control of the domestic violence victim.
			 Care and supervision of service animals and therapy dogs are the responsibility
			 of the domestic violence victim, including toileting, feeding, grooming and
			 veterinary care.
(a) An undue burden may
			 include situations where:
(1) the service
			 animal or therapy dog poses a direct threat to the health or safety of others,
			 has a history of aggressive behavior, or is not under the control of the
			 domestic violence victim.
(2)
			 accommodating the accompaniment of the service animal or therapy dog would
			 create significant difficulty or expense to the residential program for victims
			 of domestic violence, taking into consideration the overall size and budget of
			 the residential program for victims of domestic violence.
(b) If the residential program for victims of
			 domestic violence determines that accompaniment by the service animal or
			 therapy dog would constitute an undue burden on the residential program, the
			 program must make reasonable efforts to facilitate placement of the service
			 animal or therapy dog at an off-site animal care facility, or to find another
			 suitable placement for the victim of domestic violence and their service animal
			 or therapy dog.
(ii)
			 Therapy dogs shall be allowed within the residential program for victims of
			 domestic violence for the purpose of providing therapeutic services.
(iii) Residential programs for victims of
			 domestic violence may have policies that permit residents to have emotional
			 support / comfort animals and/or pets accompany residents.
(6) Where an adult or child resident appears
			 to be physically injured or seriously ill and/or makes statements indicating
			 the possibility of serious physical injury or illness such resident must be
			 offered a referral for a health examination conducted by an appropriate medical
			 or mental health professional within 48 hours of admission to a residential
			 program for victims of domestic violence.
(7) Within the first working day following
			 admission to a residential program for victims of domestic violence, the
			 program must seek to obtain the informed consent of each adult resident
			 regarding the rights, responsibilities and rules of the program governing
			 day-to-day life and activities including the maximum length of stay in such
			 program and the conditions for discharge of residents from the program.
(8) Additional requirements for
			 rights and responsibilities utilized by a safe home network and a domestic
			 violence sponsoring agency are set forth in sections
			 454.6 
			 and, 455.5 of this Title, respectively.
(9) Within the first working day following
			 admission to a residential program for victims of domestic violence, the
			 program must provide the resident with a notice of the following, including and
			 not limited to, rights and responsibilities:
(i) Resident's Rights
(a) the right of the resident to receive
			 confidential services and to reside in a safe and secure environment;
(b) the right to have or refuse private
			 written, verbal or electronic communications, including the right to leave the
			 facility, safe home or safe dwelling. Any limitations on the use of the
			 facility, safe home or safe dwelling for such meetings or communications
			 including prior notice, hours of access, or access to private areas or any
			 outright prohibition must be set forth in the resident rights and
			 responsibilities;
(c) the right to
			 leave and return to the facility, safe home or safe dwelling at reasonable
			 hours in accordance with the written rights and responsibilities of the
			 program;
(d) the right to
			 confidential treatment of personal, social, financial, and medical records as
			 well as any other information which may result in the disclosure of the
			 presence of the resident at the program, except where contrary to any law or
			 regulation;
(e) the right to
			 receive courteous, fair, respectful and responsive services designed to
			 effectively meet the needs of individuals from diverse cultural backgrounds and
			 experiences;
(f) the right to
			 present grievances on one's own behalf, or on behalf of other residents, to the
			 program operator or operator's designee, the local social services district
			 and/or the Office without fear of reprisal and the procedures to voice such
			 grievances;
(g) the right to manage
			 one's own financial affairs, including information regarding public assistance
			 and care so that the resident can make an informed decision whether to apply
			 for benefits, including what benefits are available, what personally
			 identifying information is required for the application, and how that
			 information will be used;
(h) the
			 right to be free from restraint or confinement;
(i) the right to exercise one's civil rights,
			 including the right to religious liberty;
(j) a victim of domestic violence with a
			 disability has the right to be accompanied by a service animal. A person who is
			 a handler of a therapy dog has the right to be accompanied by their therapy
			 dog. If it is unclear if the animal is a service animal, the program may ask if
			 it is a service animal required because of a disability. The program may also
			 ask what work or task the animal has been trained to perform. A person with a
			 service animal is not required to provide proof of their disability or any
			 other proof that the animal is a service animal;
(k) reasonable efforts must be made to
			 facilitate placement of the service animal or therapy dog of the handler
			 resident at an off-site animal facility in the event the animal poses a direct
			 threat to the health or safety of others;
(l) the right to be informed and receive a
			 copy of the program's policies that prohibit discrimination or harassment of
			 any person in the residential program because of the person's race, creed,
			 color, national origin, sexual orientation, gender identity or expression,
			 military status, sex, marital status, disability, alien or non-qualified alien
			 status.
(ii) Resident
			 Responsibilities
(a) maintaining the
			 cleanliness of their own sleeping and living areas, including bathroom and
			 cooking areas, if any, as well as changing linens and towels
			 regularly;
(b) using communal areas
			 respectfully;
(c) notifying
			 facility staff of any illnesses of each member of the family;
(d) refraining from engaging in acts which
			 endanger the health and safety of oneself or others, or which substantially
			 interfere with the orderly operation of the facility.
(iii) Program Responsibilities
(a) the requirement for program employees to
			 report all suspected cases of child abuse and maltreatment to the State central
			 register of child abuse and maltreatment, as specified in subdivision (d) of
			 this section;
(b) the availability
			 of and assistance in accessing legal support and advocacy;
(c) to inform residents of the types of
			 services available through the program and the frequency with which such
			 services are offered, including whether storage facilities to secure
			 possessions are available;
(d) the
			 right of programs to discharge residents who are disruptive of the program's
			 operation or who are likely to cause danger to himself/herself or others or to
			 substantially interfere with the health, safety, or provision of services to
			 other residents, household members, and/or staff;
(e) to inform residents that in accordance
			 with Social Services Law §
														460 et. seq., the program must allow the
			 Office access to the grounds, buildings, books, papers, employees, and
			 residents of the program for the purpose of supervision and inspection;