Title 9 Part 182 NYCRR — browse free

9 NYCRR 182-1.1 - Policy

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Source snapshot: Jun 6, 2026

This Subpart is established to protect runaway and homeless youth and to establish, coordinate, integrate and fund an appropriate range of services designed to help such youth cope with and resolve problems. Consistent with the requirements of this Subpart, each runaway program shall provide services to runaway and homeless youth and, where appropriate, their families. Programs shall work toward reuniting runaway and homeless youth with their families, whenever possible, and shall encourage youth and their families to resolve differences without resorting to court proceedings.

9 NYCRR 182-1.2 - Definitions

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Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Source snapshot: Jun 6, 2026

9 NYCRR 182-1.3 - Eligibility

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Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Source snapshot: Jun 6, 2026

In order to qualify for office approval as a non-residential program or office certification as a residential program, a runaway and homeless youth crisis services program shall be:

(a)operated by an entity which is:

(1)properly incorporated in the State of New York;

(2)fiscally sound;

(3)governed by a board of directors who have experience and/or training in the legal, fiscal and service aspects of youth programs; and

(4)an authorized agency, if a residential program;

(b)administered by a program director with experience in the operation of residential and/or non-residential youth service programs; and

(c)in compliance with all provisions of this Subpart.

9 NYCRR 182-1.4 - Office approval or certification of runaway and homeless youth crisis services programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Source snapshot: Jun 6, 2026

(a)A municipality shall apply to the office, on forms prescribed by the office, for approval of non-residential runaway and homeless youth crisis services programs. Applicants to operate non-residential runaway and homeless youth crisis services programs shall submit information, documentation and a specific description of the nature and purpose of the program for which the applicant is seeking approval, to the municipality.

(b)An applicant seeking to operate a residential runaway and homeless youth crisis services program must submit to the office a copy of its articles of incorporation, containing a purposes clause empowering the agency to care for, place out or board out children, in order to demonstrate it is an authorized agency.

(c)The following documents and information shall comprise an application submitted to a municipality for approval of a non-residential runaway and homeless youth crisis services program or an application submitted to the office for certification of a residential runaway and homeless youth crisis services program:

(1)the financial and organizational history of the applicant, including a copy of the most current fiscal audit report and the most recent annual report;

(2)the number and characteristics of clients served in past and present programs;

(3)a copy of the applicant's New York State articles of incorporation and all amendments thereto, with proof that such corporate papers have been filed with the Department of State;

(4)documentation of current charities registration, if a not-for-profit agency;

(5)a list of the applicant's governing board members;

(6)a notarized statement, signed by the chief executive officer of a municipality or president of a board of directors stating that, to the best of his or her knowledge, no member of the governing board is an employee of the applicant and no member of its advisory bodies is directly or indirectly engaged in any business activity which conflicts with the discharge of his or her duties as a member of the board; and

(7)a specific description of the program, including the location, type of program, number of youth to be served, ages of youth to be served, services to be provided or arranged for by the program and a maintenance and operating budget for the initial operating period.

(d)An applicant seeking to operate a runaway and homeless youth shelter may request in its application that the maximum capacity limit, as defined in this Subpart, be increased. The applicant shall demonstrate that the request for an increase of the maximum capacity limit is warranted in order to serve the needs of the runaway and homeless youth in the municipality of proposed operation.

(e)In order to obtain approval for the per diem reimbursement for interim families from a municipality, an applicant seeking to operate an interim family program shall demonstrate to the municipality the circumstances which warrant such reimbursement in order to serve the needs of runaway and homeless youth in the municipality of proposed operation.

(f)A municipality shall submit to the office information in the form and manner required by the office regarding applicants to be approved non-residential runaway and homeless youth crisis services programs. Final decisions on each non-residential and residential runaway and homeless youth crisis services program application shall be made by the office. The office shall notify the applicable municipality, in writing, of the final decision.

(g)A runaway and homeless youth crisis services program shall update the information provided pursuant to this section as required by the office.

9 NYCRR 182-1.5 - General requirements for runaway and homeless youth crisis services programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: PSC-05-18-00008-P · Proposed rule · Jan 31, 2018
Source snapshot: Jun 6, 2026

(a)Location.

Programs shall be located in areas which are readily accessible to runaway and homeless youth and families and the services available to them.

(b)Family involvement.

Program staff shall encourage the participation of families in the provision of services to youth, when appropriate.

(c)Organizational structure.

Each program shall maintain a current description of its organizational structure, including job descriptions and qualifications for all program positions.

(d)Staffing/supervision.

(1)The director of each program shall provide sufficient and qualified staff and volunteers, in order to ensure adequate coverage and supervision of youth in accord with specific program needs and population.

(2)Individual personnel files shall be maintained for all program staff and volunteers.

(3)The director of each program shall develop and implement procedures for the annual evaluation of all staff and volunteers.

(4)The director of each program shall develop a plan for adequate supervision of staff and volunteers which is tailored to the specific population served and the type, size and physical layout of the facility. In order to assure appropriate care of youth, the plan shall include the following:

(i)staffing patterns and the rationale for such patterns;

(ii)identification of all supervisors of staff and volunteers, including the designation of on-site supervisors; and

(iii)a list of the qualifications and responsibilities of the supervisors.

(e)Employee/volunteer/consultant screening.

(1)Information supplied by applicants for employment or voluntary service and consultants shall be reviewed, evaluated and verified according to procedures established by the program.

(2)Applicants for employment or voluntary service shall not be subject to unlawful discriminatory treatment.

(3)Applicants for employment or volunteer services shall provide, at a minimum, the following information:

(i)an employment history, including relevant childcare experience;

(ii)the names, addresses and telephone numbers, where available, of references who can verify employment history information and experience;

(iii)an educational history, including elementary school(s) and/or secondary school(s) or college(s) attended, the highest grade level or degree attained and credits earned;

(iv)all relevant special skills and training;

(v)the name, address and telephone number of two or more personal references, other than relatives, who can attest to the character and reputation of the applicant or volunteer;

(vi)the forms necessary for the office to inquire whether the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment, the forms necessary to check the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs pursuant to section 495 of the Social Services Law, a completed fingerprint card necessary for the office to conduct a criminal history review, and a sworn statement indicating whether, to the best of the applicant’s knowledge, he or she has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction;

(vii)a sworn statement that all information provided in the application is true, to the best of the applicant's or volunteer's knowledge.

(f)Training.

(1)The director of each program shall be responsible for ensuring that at least 40 hours of in-service training is provided to each staff member and that documentation is made of the receipt of such training by staff during each full year of service. Such training shall include the following topics:

(i)safety and emergency procedures, including first aid;

(ii)HIV awareness and education;

(iii)case records and confidentiality of information;

(iv)youth development and youth issues;

(v)reportable incidents as defined in section 488 of the Social Services Law shall be reported immediately upon discovery to the Vulnerable Persons’ Central Register, in accordance with section 491 of the Social Services Law. Discovery occurs when the mandated reporter witnesses a suspected reportable incident or when another person, including the vulnerable person, comes before the mandated reporter in the mandated reporter’s professional or official capacity and provides the mandated reporter with reasonable cause to suspect that the vulnerable person has been subjected to a reportable incident;

(vi)suicide prevention; and

(vii)runaway and homeless youth regulations.

(2)The director of each program shall be responsible for ensuring that in-service training is provided to volunteers in an amount commensurate with the specific volunteer duties performed and the amount of volunteer service provided by each individual volunteer.

(g)Nondiscriminatory treatment.

(1)Each program shall employ policies and procedures designed to ensure that youth are not subject to unlawful discriminatory treatment in any program decision making process or when being considered for any available service. Program staff and volunteers shall not engage in or condone discrimination or harassment on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, or disability. Each program shall promote and maintain a safe environment, take reasonable steps to prevent discrimination and harassment against youth by other youth, promptly investigate incidents of discrimination and harassment by staff, volunteers, and youth, and take reasonable and appropriate corrective or disciplinary action when such incidents occur. For the purposes of this section, gender identity or expression shall mean having or being perceived as having a gender identity, self-image, appearance, behavior or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth. Gender identity refers to a person’s internal sense of self as male, female, no gender, or another gender, and gender expression refers to the manner in which a person expresses his or her gender through clothing, appearance, behavior, speech, or other means.

(2)Each program shall employ policies and procedures designed to reasonably ensure that non-English speaking youth understand all written and oral communications from program staff and volunteers, including program rules and requirements.

(h)Personal property.

The personal money and property of any youth shall remain as such, and shall not be co-mingled with any other private or program funds.

(i)Services.

(1)A current list of community providers of youth services shall be maintained at each program site.

(2)Program staff shall assist youth in accessing relevant community resources, in order to ensure that comprehensive services are provided to youth in accordance with individual case plans.

(3)Program staff shall assist eligible youth in obtaining care or services from a local social services district.

(j)Case management.

(1)An initial assessment of each youth shall be conducted upon admission to a program. Such assessment shall address the reason(s) why the youth has runaway or is without a place of shelter where supervision and care are available, the youth's immediate needs, current functional level, and any other relevant information.

(2)An individualized service plan shall be developed in partnership with each youth after such initial assessment, within 48 hours of admission. Such plan shall include:

(i)short-term goals;

(ii)methods and timeliness for achieving such goals; and

(iii)the names of community providers who may assist the youth in fulfilling the plan.

(3)Individualized service plans shall be reviewed with each youth at least weekly. Such plans shall be revised, as necessary, based upon any additional information received and the youth's progress and input.

(4)Program staff or experienced and qualified community providers shall identify available community resources to meet the needs addressed in a youth's individualized service plan and shall ensure that such resources are accessible and provided to such youth. Such resources shall include, where appropriate, the support of available family, neighbors, friends, ethnic groups and the religious community.

(5)All runaway and homeless youth shall be encouraged to assess individual strengths, identify areas of needed growth, develop decision-making skills and assume personal responsibility for their progress in attaining individualized service plan goals.

(k)Emergency procedures.

Each program director shall maintain procedures to be followed in the event of fire, flood, energy failure, snowstorm and other civil or natural disasters. Such procedures shall be reviewed annually and revised, as necessary.

(l)Policy and procedure manual.

Each program shall have a policy and procedure manual containing, at a minimum, the following documents:

(1)A copy of the Runaway and Homeless Youth Act (article 19-H of the Executive Law) and the division's rules and regulations promulgated pursuant to the act (this Subpart and Subpart 182-2 of this Part).

(2)A copy of all division policies and procedures applicable to run-away and homeless youth programs.

(3)The program's policies, procedures and plans developed pursuant to the requirements of this Subpart.

(4)The program's child abuse, neglect and significant incident reporting responsibilities and procedures, including the toll-free number of the Statewide Central Register of Child Abuse and Maltreatment.

(m)Reporting suspected abuse or neglect.

(1)Program staff shall immediately report to the Vulnerable Persons’ Central Register where there is reasonable cause to suspect abuse, neglect, or a significant incident as defined in Social Services Law section 488.

(2)Program staff shall immediately report to the Statewide Central Register of Child Abuse and Maltreatment or local child protective service, as appropriate, where there is a reasonable cause to suspect that a youth has been abused, maltreated or neglected outside of the program.

(n)Records.

(1)All programs shall keep accurate and complete records of:

(i)all youth, staff and volunteers;

(ii)the daily operation of the program; and

(iii)the provision of services by the program and community providers.

(2)Individual case records shall be maintained for each youth served. Youth case records shall contain, at a minimum, the following information:

(i)the name, gender, race and birthdate of the youth;

(ii)the name, address and telephone number of the youth's parent(s), guardian(s) or legal custodian(s);

(iii)the date and time of intake or admission, source of referral, circumstances surrounding the youth's presence at the program and the physical and emotional condition of the youth upon intake or admission;

(iv)for residential programs, the time and date of parental notification regarding youth under the age of eighteen years, the name of the individual receiving such notification and the name of the staff member providing such notification;

(v)any executed consents for the release of information concerning the youth;

(vi)copies of individualized service plans and progress reports concerning such plans;

(vii)a copy of the discharge report prepared by program staff pursuant to the provisions of this Subpart; and

(viii)information about the youth's dependent infant(s) and/or children, if present in the program, including the name, gender, age, physical condition and medical condition.

(3)Reports received or filed and any information concerning abuse, maltreatment or neglect by an employee, volunteer or consultant of a program are confidential and shall be maintained separate from the youth's case records. Such reports may be disclosed to appropriate authorities in connection with an investigation of abuse, neglect, or maltreatment in accordance with the Social Services Law. Reports received by the authority investigating abuse, neglect or maltreatment shall not be disclosed except as provided by the Social Services Law. Any report which is unfounded or unsubstantiated shall be completely expunged from the confidential records of the program.

(4)Records of a facility or provider agency, as defined in section 488(4) of the Social Services Law, shall be made available for public inspection and copying when such records relate to abuse and neglect of vulnerable persons to the same extent that those records would be available from a State agency. Requests for such records shall be made in writing to the Justice Center. Facilities or provider agencies covered by this subdivision shall cooperate with the Justice Center, including providing any requested records to the Justice Center.

(o)Voluntary termination.

The program director shall give notice to both the county youth bureau and the division, in writing, of the director's intention to voluntarily terminate program operation at least 60 days prior to such intended termination. This notice shall indicate proposed steps to assure appropriate referral of youth to an alternate facility or program and to preserve the confidentiality of records.

(p)Contact the appropriate local social services district if it is believed that a youth may be a destitute child as such term is defined under section 1092 of the Family Court Act.

(q)Provide information to eligible youth about their ability to re-enter foster care in accordance with article 10-B of the Family Court Act, and in appropriate cases, refer any such youth who may be interested in re-entering foster care to the applicable local social services district.

9 NYCRR 182-1.6 - Confidentiality

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The disclosure of records or files, in whole or in part, pertaining to youth who are or have been in a runaway program, to any person, agency or institution is prohibited. This provision shall not prohibit the disclosure of information to appropriate state or local officials in connection with a report of child abuse, neglect or maltreatment and any investigation conducted pursuant to such report.

(b)Where necessary for the provision of services to youth in program, information may be released only upon receipt of written consent from the youth, including the following information:

(1)the youth's name;

(2)the name of the person authorized to release the information;

(3)the name of the person authorized to receive the information;

(4)the specific information to be disclosed;

(5)the specific purpose for release of the information;

(6)the date, signature of the youth and the signature of at least one witness, who may be an agency representative; and

(7)the period during which the consent for release of information is effective.

9 NYCRR 182-1.7 - Inspection and reporting

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The division and the county youth bureau responsible for program monitoring and evaluation shall be provided with access to program sites, staff and volunteers, records, files and other relevant information for purposes of periodic inspection of the operation and adequacy of approved programs. However, the county youth bureau shall only have access to child abuse and maltreatment reports received from state or local authorities investigating child abuse, neglect or maltreatment as permitted by the Social Services Law.

(b)Each program director shall report information and data to the division and the county youth bureau responsible for program monitoring and evaluation upon request.

9 NYCRR 182-1.8 - Certification of residential programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)In addition to submitting to the office the information set forth in section 182-1.4 of this Subpart, applicants proposing to operate residential runaway and homeless youth crisis services programs shall obtain certification from the office of the residential facility. Interim family homes are certified pursuant to a separate process set forth in this Subpart.

(b)Certification process.

(1)Inspection.

The division shall conduct an inspection of all proposed residential facilities.

(2)Issuance of operating certificate.

An operating certificate will be issued to the authorized agency proposing to operate a residential facility upon verification by the division that such facility is operated by an authorized agency in compliance with all provisions of this Subpart.

(3)Certificate.

Operating certificates shall not be transferable. The valid operating certificate shall be prominently posted and accessible for examination. The operating certificate shall be valid until such time as an authorized agency voluntarily terminates operation of a residential program or such operating certificate is revoked by the division, pursuant to the procedures set forth in this Subpart. Certificates shall be returned to the division immediately upon termination of operation of a residential program.

(c)Monitoring and inspection.

(1)Monitoring.

Residential facilities shall be routinely monitored to ensure that they are maintained in the same condition and at the same location as that initially certified, unless otherwise approved by the division.

(2)Inspection.

Residential facilities shall be routinely inspected to ensure ongoing compliance with all requirements of this Subpart.

(d)Notification.

The program director shall immediately notify the county youth bureau and the division, in writing, of any plans for significant change of the certified program. Such notification shall include changes in location, capacity, program model and physical plant. The division shall approve or disapprove such plans in accordance with the requirements of this Subpart and shall notify the program director of the decision, in writing.

(e)Required certification for residential programs.

Any residential program established for the purpose of serving runaway and homeless youth that serves any youth under the age of 18 or that is contained in a municipality’s approved comprehensive plan, must be certified by the office and must be operated by an authorized agency as such term is defined in section 371(10) of the Social Services Law.

9 NYCRR 182-1.9 - Operation of residential programs

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Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 182-1.10 - Physical plant requirements for residential facilities

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Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 182-1.11 - Interim family programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Interim family programs shall comply with the provisions of this section in addition to being in compliance with all other applicable provisions of this Subpart, except section 182-1.10 of this Subpart, or where otherwise specifically stated herein.

(a)Qualifications.

(1)In order to qualify to provide interim family services, individuals must be:

(i)21 years of age or older;

(ii)able to provide a safe and supportive environment and to understand the needs of runaway and homeless youth; and

(iii)sponsored by an interim family program to provide shelter to youth.

(2)Interim family candidates may be employees of the authorized agency operating the interim family program, provided such employees do not work directly with or in the runaway and homeless youth program or service provided by the authorized agency.

(3)All interim family candidates shall attend a two-hour orientation program which provides information about the operation of interim family programs and the care of runaway and homeless youth.

(b)Certification.

(1)Application process.

(i)The interim family program which sponsors qualified interim family candidates shall apply to the division for certification, in accordance with procedures established by the division. Such application process shall require the candidates to provide the following to the interim family program:

(a)information regarding all prior and current certifications or licenses issued to the candidates for the purpose of boarding or otherwise providing care for children or youth, by the office or any other agency, including the name of the issuing agency and type of operating certificate or license;

(b)a sworn statement from the candidate and each member of the candidate’s household who is 18 years of age or older, stating whether, to the best of his or her knowledge, the individual has ever been convicted of a crime in any jurisdiction; and

(c)a completed fingerprint card for the candidate and each member of the candidate’s household who is 18 years of age or older necessary for the office to conduct a criminal history review.

(ii)Married individuals living in the same household shall file one joint application but shall separately provide the above supporting information and documentation.

(iii)Interim family candidates and all household members 18 years of age or older shall be screened through the statewide central register of child abuse and maltreatment, and through the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs pursuant to section 495 of the Social Services Law.

(2)Home study. Staff of the interim family program shall conduct a comprehensive home study comprised of the following elements:

(i)initial review of all information provided in the application;

(ii)two interviews of the candidates, at least one of which shall be conducted in the candidates' home and shall include all household members;

(iii)an inspection of the candidates' home, based upon the following criteria:

(a)cleanliness;

(b)safety;

(c)physical plant and structure;

(d)ability to accommodate youth with dependent infants and children, where applicable;

(e)size;

(f)location/neighborhood; and

(g)proposed sleeping arrangements for runaway and homeless youth; and

(iv)evaluation of the candidates and their home and, where acceptable, preparation of a home study report.

(3)Division review.

(i)The director of the interim family program shall be responsible for forwarding all required documents to the division, in accordance with procedures established by the division for its review of acceptable candidates for certification.

(ii)If the documents submitted by the director of the interim family program are found to be in compliance with the requirements of this Subpart, and the division agrees with the program's evaluation of the applicant, the division shall issue an operating certificate for the interim family.

(iii)The director of the interim family program shall hold the original operating certificate and shall provide the interim family with a copy thereof to keep at the home. The interim family shall immediately provide written notification to the director of the interim family program, who shall notify the division, of any intention to withdraw from participation in the program.

(iv)Certified families shall immediately inform the director of the interim family program, who shall inform the division, of all changes in marital status, family composition, number of persons residing in the home, physical plant, location of residence and other significant changes in the condition of the family or home.

(c)Training.

(1)Staff of the interim family program shall ensure that four hours of training is provided to each interim family within six months after certification.

(2)Staff of the interim family program shall ensure that interim families are provided with four hours of in-service training during each year of certification.

(3)Program staff shall document all training provided in interim family records.

(4)Training provided to interim families shall cover a variety of relevant topics, including the following:

(i)HIV awareness and education;

(ii)adolescent behavior;

(iii)communication skills; and

(iv)first aid/CPR.

(d)Requirements of the interim family.

Each certified interim family shall provide a homelike environment and comply with the following requirements at all times while a youth is in residence:

(1)involve each youth in family activities;

(2)respect the privacy and confidentiality of each youth;

(3)prohibit neglect, maltreatment, physical abuse and psychological abuse of each youth;

(4)provide three daily meals of good quality and sufficient quantity, properly prepared and served at regular hours;

(5)allow each youth reasonable visitations outside the home;

(6)permit each youth to make reasonable telephone and letter communications to individuals outside the home;

(7)arrange and encourage each youth's participation in recreational and social community activities;

(8)provide appropriate supervision of each youth;

(9)provide a private sleeping area for no more than two youth of the same gender;

(10)provide a closet, dresser or other storage area for the personal possessions of each youth;

(11)provide bathing and lavatory facilities maintained in a sanitary condition;

(12)provide youth with access to laundry facilities; and

(13)ensure that all firearms and other dangerous items or substances belonging to the interim family are properly and securely stored to prevent access by youth.

(e)Supervision.

Staff of the interim family program shall be available to both youth and interim families 24 hours per day, and shall supervise youth and interim families as follows:

(1)Youth.

(i)Staff of the interim family program shall establish daily telephone contact with each youth residing with an interim family, and shall meet with each such youth at least once every three days while the youth is in an interim family home.

(ii)The director of the interim family program shall ensure that a discharge conference is held with each youth, prior to their leaving an interim family home, to assess the success of the youth's stay.

(2)Interim family.

(i)Staff of the interim family program shall establish daily telephone contact with each interim family having runaway and homeless youth in residence.

(ii)The director of the interim family program shall ensure that a follow-up interview is held with an interim family after each youth's discharge from their home, to assess the success of the youth's stay. The director of the interim family program shall not permit any other youth to stay in the interim family home until such follow-up interview is completed for the youth last discharged from the home.

(f)Reimbursement.

(1)The interim family program may reimburse interim families for all actual expenses incurred and documented by the family in providing shelter to youth in their home.

(2)The interim family program may provide for the per diem reimbursement of interim families for the shelter of runaway and homeless youth.

(g)Reporting and records.

(1)The interim family program shall provide an annual report to the division setting forth the status of each interim family relative to ongoing compliance with this Subpart.

(2)The interim family program shall maintain a record of each certified interim family. Such records shall include the following documents and information:

(i)a copy of the home study report;

(ii)the original operating certificate issued by the division;

(iii)a photocopy of any other valid operating certificate currently held by the interim family;

(iv)a chronological listing of all youth housed in the home;

(v)an assessment of each youth's stay in the home;

(vi)documentation of all training provided to the family;

(vii)copies of all written correspondence and documentation of verbal correspondence with the family; and

(viii)ongoing written evaluation of the families' ability to provide services to runaway and homeless youth and cooperate with the interim family program.

9 NYCRR 182-1.12 - Prevention and remediation of abuse or neglect of, or significant incidents involving, vulnerable persons in residential programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Source snapshot: Jun 6, 2026

(a)Reporting of abuse, neglect and significant incidents as defined in Social Services Law section 488 and 18 NYCRR Part 433.

Each director of a residential program shall ensure that all employees, consultants, and volunteers are provided with written information regarding the statutory requirements for reporting suspected incidents of abuse, neglect and significant incidents.

(b)Abuse and neglect prevention plan.

Each residential program shall develop written procedures, available onsite, for the protection of youth when there is reason to believe an incident has occurred which would render a youth abused or neglected, as defined in the Social Services Law section 488. Such procedures shall include, but not be limited to, the following:

(1)Notification.

Immediate notification of any reportable incident shall be made to:

(i)the Vulnerable Persons’ Central Register;

(ii)local law enforcement officials, if it appears likely that a crime has been committed against a child, or confirm that such notification has already been made; and

(iii)the office and the program's administrative agency.

(2)Investigation procedures shall be in accordance with 18 NYCRR Part 433 and any regulations, policy, or guidance issued by the Justice Center for the Protection of People with Special Needs (Justice Center). Immediately upon notification that a report of abuse or neglect has been made to the Vulnerable Persons’ Central Register, the director of the program or his or her designee shall:

(i)preserve any relevant audio or visual recording;

(ii)preserve any other potential evidence;

(iii)obtain proper medical evaluation and/or treatment for the youth, as needed, with documentation of any evidence of abuse or neglect; and

(iv)provide necessary assistance to the Justice Center, office and, if applicable, local law enforcement officials in their investigation thereof.

(3)Safety procedures.

Upon notification that a report of abuse or neglect has been made to the Vulnerable Persons’ Central Register with respect to a youth in the residential program, the director or his or her designee shall evaluate the situation and immediately take appropriate action to protect the health and safety of the youth involved in the report and of any other youth similarly situated in the program. Additional action shall be taken whenever necessary to prevent future incidents of abuse and neglect. Any action taken should cause as little disruption as possible to the daily routines of the youth in program. The following alternatives shall be considered in determining the course of action that will be taken with regard to a specific incident of alleged abuse or neglect:

(i)removal or transfer of the subject of the report, consistent with the policy of the agency's board of directors, appropriate collective bargaining agreement(s) and applicable provisions of the Civil Service Law;

(ii)initiation of disciplinary action against the subject of the report, consistent with appropriate collective bargaining agreement(s) and applicable provisions of the Civil Service Law;

(iii)increasing the degree of supervision of the subject of the report;

(iv)provision of counseling to the subject of the report;

(v)provision of increased training to staff, consultants and volunteers pertinent to the prevention and remediation of abuse and neglect;

(vi)removal or transfer of the youth, consistent with applicable placement procedures, if it is determined that there is a risk to such youth in remaining in that program. In such case, the county runaway and homeless youth service coordinator and the office shall be notified of any such removal or transfer; and

(vii)provision of counseling to the youth involved in the report and any other youth, as appropriate.

(4)Plans of prevention and remediation. Upon receipt from the Justice Center or the office of a substantiated report of abuse or neglect or an unsubstantiated report of abuse or neglect where the Justice Center or the office has determined that it appears likely that a crime may have been committed against a child or that there has been a violation of the statutory, regulatory or other requirements related to the care and treatment of individuals receiving services, the director of the program shall consider any appropriate recommendations received from the Justice Center or the office for preventive and remedial action, including legal action, and shall:

(i)within 10 calendar days of receipt of a substantiated report of abuse or neglect, develop and implement a written plan of action to be taken with respect to an individual employee or volunteer to protect the continued health and safety of the youth in program and to provide for the prevention of future acts of abuse or neglect, which plan shall include, at a minimum, those actions taken pursuant to paragraph (3) of this subdivision. Such plan will also describe the actions taken to address the investigation's findings. The plan shall be subject to approval by the office; and

(ii)in the event an investigation of a report of alleged abuse or neglect indicates that abuse or neglect may be attributed in whole or in part to noncompliance by the program with article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-H of the Executive Law or the regulations of the office, develop and implement a plan of prevention and remediation which, at a minimum, shall address each area of noncompliance and indicate how the program will come into compliance with article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-H of the Executive Law and the applicable regulations. Such plan will also describe the actions taken to address the investigation's findings. Such plan shall be developed in conjunction with and subject to approval by the office, for submission to the office.

(5)Training.

(i)Staff/consultant training. Subject to the amounts appropriated for such purposes, abuse, neglect, and significant incident prevention training shall be provided to all administrators, employees, volunteers and consultants to the program on a regular basis and in accordance with regulations or guidance provided by the Justice Center for the Protection of People with Special Needs. Priority shall be given to the training of administrators, employees, volunteers and those consultants whose duties involve regular and/or substantial contact with youth in residential programs.

(ii)The purpose of such training shall be to increase the participants' level of awareness, encourage positive attitudes and enhance knowledge and skill development in at least the following areas:

(a)abuse, neglect, and significant incident prevention and identification;

(b)safety and security procedures;

(c)principles of child development;

(d)characteristics of the youth in care;

(e)techniques of group and child management, including crisis intervention;

(f)laws, regulations and procedures governing the protection of vulnerable persons from abuse, neglect, and significant incidents, including reporting responsibilities; and

(g)other relevant information provided by the office.

(iii)Administrators may be exempted by the office from such training requirements upon demonstration of substantially equivalent knowledge or experience.

(6)Instruction of youth.

Instruction shall be provided to all youth in techniques and procedures for protection from abuse, neglect, and significant incidents and any other training requirements in accordance with regulations, policy or guidance issued by the office and/or the Justice Center. Such instruction shall be:

(i)appropriate for the age, individual needs and particular circumstances of the youth, including the existence of mental, physical, emotional or sensory disabilities and the needs and circumstances within the specific residential program;

(ii)provided within 72 hours of a youth's admission in a manner which will ensure that all youth receive such instruction;

(iii)provided by individuals who possess appropriate knowledge and training and documented by the program; and

(iv)address any other training requirements in accordance with regulations, policy or guidance issued by the office and/or the Justice Center.

9 NYCRR 182-1.13 - Variances from requirements of residential programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Standard.

Residential programs may apply to the office for a specific exception to compliance with the requirements of this Subpart, where not expressly prohibited by statute. The office may grant a variance, in its discretion, only when doing so will not jeopardize the health, safety and welfare of the youth in such program. Residential programs that are not funded as part of any municipality’s approved comprehensive plan may apply to the office for variances related to the age of youth served or the length of time youth may remain in such programs subject to the same limitations placed on municipalities.

(b)Permanent variance.

Application for a permanent variance may be made where a program is unable to achieve compliance as required by this Subpart.

(c)Temporary variance.

Application for a temporary variance may be made where a program is only temporarily unable to comply as required by this Subpart. A temporary variance shall not be effective for more than one year after its issuance.

(d)Application.

The variance application shall include the following:

(1)the specific rule, regulation or provision that is the subject of the application;

(2)the specific reasons and facts supporting the inability to comply; and

(3)if applying for a temporary variance, a plan and timetable for achieving full compliance with the rule, regulation or provision at issue.

(e)Granting of variance.

If a variance is granted, the director of the division shall list any special requirements or conditions imposed on the program. The variance and any special requirements or conditions imposed shall become the standard for compliance with the specific rule, regulation or provision at issue for the program involved.

(f)Denial.

When a variance is denied, the written determination of the director shall set forth the specific facts and reasons for such denial.

9 NYCRR 182-1.14 - Enforcement powers applicable to residential programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Powers.

(1)The division shall exercise those powers authorized by the Social Services Law to enforce the provisions of this Subpart. Any action taken by the division to enforce the provisions of this Subpart shall be final.

(2)Consistent with the procedures set forth in this section, the division may suspend, limit, or revoke a program's operating certificate at any time for one or more violations of this Subpart. The division shall notify the certificate holder, in writing, of the decision to take such action, the reasons therefor, and the manner in which the operating certificate is to be limited.

(3)The following limitations may be placed on a program's operating certificate:

(i)a limitation on the period of time for which such certificate remains effective, contingent on a determination that specified violations have been corrected or specified conditions have been met;

(ii)a limitation on the number of persons for which such facility is authorized to provide care; or

(iii)a prohibition against the admission of new residents after a specified date.

(b)Certificate null and void.

If a residential program is not operated as certified for a period of at least 60 days, due to the occurrence of a catastrophe such as fire, flood or hurricane, its operating certificate shall be deemed null and void by the division.

(c)Notice and hearing requirements.

Where the division intends to revoke, suspend, or limit an operating certificate, the affected party shall be afforded notice and an opportunity to be heard as follows:

(1)Notice of suspension, revocation or limitation.

The notice of suspension, revocation, or limitation shall include an explanation of the reasons for the action taken by the division and affected program director's right to invoke the division's hearing process. The affected program director shall have 10 business days from receipt of the notification to invoke the hearing process by returning a copy of the completed form indicating a choice to request a hearing concerning the matter.

(2)Notice of hearing.

A notice of hearing shall be personally served upon or sent by registered mail to the director of the affected program at least 30 days prior to the date of hearing. The notice shall specify the proposed action and the basis therefor, the time and place of the hearing and a statement that interpreter services shall be made available to deaf persons at no charge. The charges shall include a brief statement of jurisdiction and shall contain supporting facts and references to all relevant statutes, regulations or other legal authority.

(3)Answer.

The director of the affected program shall have the option of filing a written answer to the charges. The answer must be mailed to the hearing officer, with a copy to the division, not less than eight days prior to the date of the hearing.

(4)Hearing officer.

The hearing shall be conducted by a hearing officer who has no previous involvement with or knowledge of the case. The hearing officer shall have the authority to administer oaths, issue subpoenas, rule upon requests for adjournment and offers of evidence, preserve the guarantees of due process and effectuate the purposes and provisions of applicable law in accordance with the State Administrative Procedure Act.

(5)Hearing procedure.

(i)The hearing officer shall preside over the proceedings and make all procedural rulings.

(ii)The rules of evidence, as applied in courts of law, shall not apply except that all evidence shall be relevant and material.

(iii)All testimony shall be given under oath.

(iv)The hearing shall be recorded verbatim.

(v)The director of the affected program shall be entitled to the representation of an attorney-at-law or other representative of his or her choice and own expense, and may have witnesses give testimony, cross-examine division witnesses, examine any document or item offered into evidence and otherwise present relevant and material evidence on his or her behalf.

(6)The decision.

(i)Upon conclusion of the proceeding, the hearing officer shall make findings of fact and conclusions of law and render a recommendation as to the decision which should issue therefrom. Said recommendation shall be forwarded to the director of the division within 14 days after the conclusion of the hearing, together with the notice of revocation, suspension or limitation, notice of hearing, answer, verbatim transcript of the hearing, all documents admitted into evidence at the hearing and all other materials designated as part of the record by the hearing officer.

(ii)The director of the division shall, within 30 days of the receipt of the hearing officer's written report, render a written decision based upon a consideration of the entire record. The director's decision shall incorporate only the hearing officer's findings of fact and conclusions of law. The director is not bound by the hearing officer's recommendation as to the appropriate decision, either in whole or in part.

(iii)A copy of the decision shall be mailed to the director of the affected program and, if applicable, his or her attorney or other representative. Where the decision rendered is adverse to the director of the affected program, a notice of the right to judicial review in accordance with the provisions of article 78 of the Civil Practice Law and Rules shall be attached to the decision.

(d)Temporary suspension or limitation.

(1)An operating certificate may be temporarily suspended or limited, without a hearing, upon a determination by the division that the public health or an individual's health, safety or welfare is in imminent danger.

(2)Such temporary suspension or limitation shall take effect immediately upon the program director's receipt of written notice of the division's determination, which shall state the basis for such determination, and shall remain in effect for a maximum period of 30 days thereafter, except as otherwise provided in subparagraph (3) of this subdivision.

(3)Where the division has temporarily suspended or limited a program's operating certificate and also intends to revoke, or further suspend or limit the program's operating certificate pursuant to the process set forth in subdivision (c) of this section, the notice required in paragraph (c)(1) of this section shall be mailed within the 30-day effective period of the temporary suspension or limitation. In such case, the temporary suspension or limitation shall remain in effect until the hearing process set forth in subdivision (c) of this section is completed.

9 NYCRR 182-1.15 - Designation and responsibilities of the runaway and homeless youth service coordinator

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The county youth bureau shall designate an individual with appropriate qualifications and experience to serve as runaway and homeless youth service coordinator.

(b)The county youth bureau shall develop and maintain written procedures for the specific responsibilities of the coordinator and shall monitor the coordinator's daily functions with respect to the performance of such duties.

(c)The daily functions of the coordinator shall include, but shall not be limited to the following:

(1)development and implementation of municipal plans with the municipality, to improve services for runaway and homeless youth and their families;

(2)identification assessment and monitoring of all available municipal resources for runaway and homeless youth and their families;

(3)ensuring that a system is in place for responding to inquiries concerning available shelter space, transportation and services 24 hours per day;

(4)ensuring that program youth have access to educational services, including transportation;

(5)consideration of requests of runaway youth, who have appropriate written consent of their parents, guardian or legal custodian, to remain in runaway and homeless youth shelters beyond the applicable maximum length of stay period set forth in section 182-1.9(d)(3) of this Subpart;

(6)provision of written notification to the municipality of his or her approval for any youth to remain in a runaway and homeless youth shelter beyond the applicable maximum length of stay period set forth in section 182-1.9(d) of this Subpart; and

(7)when designated by the municipality, after obtaining the information needed from the residential runaway and homeless youth crisis services program, provide the 60-day written notice to the office of any youth staying beyond the applicable length of stay period as required under section 182-1.9(d)(5) of this Subpart.

9 NYCRR 182-1.16 - State aid for runaway and homeless youth programs

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Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Source snapshot: Jun 6, 2026

9 NYCRR 182-1.17 - Runaway and homeless youth act advisory committee

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Function.

The advisory committee shall advise and make recommendations to the division with regard to implementation of the Runaway and Homeless Youth Act and division regulations promulgated pursuant thereto, related legislation and policy initiatives, and the integration and coordination of services provided by runaway and homeless youth programs.

(b)Membership.

Members of the advisory committee shall be appointed by the director of the division. Youth bureau directors, runaway and homeless youth service coordinators, individuals experienced in working with runaway and homeless youth, individuals with other relevant experience and knowledge, and ex officio members representing Federal and state agencies which impact runaway and homeless youth may be selected by the director of the division to serve on the advisory committee.

9 NYCRR 182-1.18 - Optional services

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)A runaway and homeless youth crisis services program may provide services to homeless young adults when authorized in the applicable municipality’s approved comprehensive plan.

(b)A non-residential runaway and homeless youth crisis services program may provide non-residential crisis intervention services to youth in need of such services.

(c)A certified residential runaway and homeless youth crisis services program may provide non-residential crisis intervention services and may provide residential respite services to youth for no more than 21 days, in accordance with regulations of the office and section 735 of the Family Court Act.

9 NYCRR 182-1.19 - Abuse, neglect and significant incidents

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Runaway and homeless youth residential facilities shall be subject to and must comply with the requirements as set forth in 18 NYCRR Part 433 and any other applicable regulations including, but not limited to, 14 NYCRR Parts 703-704.

9 NYCRR 182-2.1 - Policy

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Consistent with the requirements of this Subpart, each transitional independent living support program shall provide or assist in securing necessary services for homeless youth and, where appropriate, their families. Programs shall be designed to protect homeless youth and to reunite such youth with their parent, guardian or legal custodian whenever possible. Programs shall provide, in conjunction with community and public agencies, services designed to help homeless youth to progress from crisis care and transitional care to independent living.

9 NYCRR 182-2.2 - Definitions

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Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Source snapshot: Jun 6, 2026

9 NYCRR 182-2.3 - Eligibility

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

In order to qualify for office approval as a non-residential program or office certification as a residential program, a transitional independent living support program shall be:

(a)operated by an entity which is:

(1)properly incorporated in the State of New York;

(2)fiscally sound; and

(3)governed by a board of directors who have experience and/or training in the legal, fiscal and service aspects of youth programs;

(b)administered by a program director with experience in the operation of residential and/or non-residential youth service programs; and

(c)in compliance with all provisions of this Subpart.

9 NYCRR 182-2.4 - Office approval or certification of transitional independent living support programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)A municipality shall apply to the office, on forms prescribed by the office, for approval of non-residential transitional living support programs. Applicants to operate non-residential transitional independent living support programs shall submit information, documentation and a specific description of the nature and purpose of the program for which the applicant is seeking approval, to the municipality.

(b)On or after January 1, 2018, an applicant seeking a certificate to operate a residential transitional independent living support program that serves or proposes to serve youth under 18 years of age or that is or is anticipated to be contained in a municipality’s approved comprehensive plan must submit to the office a copy of its articles of incorporation, containing a purposes clause empowering the agency to care for, place out or board out children, in order to demonstrate it is an authorized agency.

(c)The following documents and information shall comprise an application submitted to a municipality for approval of a non-residential, or an application submitted to the office for certification of a residential, transitional independent living support program:

(1)the financial and organizational history of the applicant, including a copy of the most current fiscal audit report and the most recent annual report;

(2)the number and characteristics of clients served in past and present programs;

(3)a copy of the applicant's New York State articles of incorporation and all amendments thereto, with proof that such corporate papers have been filed with the Department of State;

(4)documentation of current charities registration, if a not-for-profit agency;

(5)a list of the applicant's governing board members;

(6)a notarized statement, signed by the chief executive officer of a municipality or president of a board of directors stating that, to the best of his or her knowledge, no member of the governing board is an employee of the applicant and no member of its advisory bodies is directly or indirectly engaged in any business or activity which conflicts with the discharge of his or her duties as a member of the board;

(7)a specific description of the program, including the location, type of program, number of youth to be served, ages of youth to be served, services to be provided or arranged for by the program and a maintenance and operating budget for the initial operating period; and

(8)for applicants proposing new residential facilities, a work plan which sets forth all tasks to be completed and projected dates of completion in fulfillment of all operational and physical plant requirements of this Subpart.

(d)An applicant seeking to operate a residential facility may request in its application that the maximum capacity limit, as defined in this Subpart, be increased. The applicant shall demonstrate that the request for an increase in the maximum capacity limit is warranted in order to serve the needs of the homeless youth population in the municipality of proposed operation.

(e)A municipality shall submit to the office information in the form and manner required by the office regarding applicants to be approved non-residential transitional independent living support programs. Final decisions on each application shall be made by the office. The office shall notify the applicable municipality, in writing, of the final decision.

(f)A transitional independent living support program shall update the information provided pursuant to this section as required by the office.

9 NYCRR 182-2.5 - General requirements for transitional independent living support programs

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Dates and status

Compiling agency: Executive Department
Text status: Westlaw Reviewed Lexical Correction
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Location.

Programs shall be located in areas which are readily accessible to homeless youth and families and the services available to them.

(b)Family involvement.

Program staff shall encourage the participation of families in the provision of services to youth, when appropriate.

(c)Organizational structure.

Each program shall maintain a current description of its organizational structure, including job descriptions and qualifications for all program positions.

(d)Staffing/supervision.

(1)The director of each program shall provide sufficient and qualified staff and volunteers, in order to ensure adequate coverage and supervision of youth in accordance with specific program needs and population.

(2)Individual personnel files shall be maintained for all program staff and volunteers.

(3)The director of each program shall develop and implement procedures for the annual evaluation of all staff and volunteers.

(4)The director of each program shall develop a plan for adequate supervision of staff and volunteers which is tailored to the specific population served and the type, size and physical layout of the facility. In order to assure appropriate care of youth, the plan shall include the following:

(i)staffing patterns and the rationale for such patterns;

(ii)identification of all supervisors of staff and volunteers, including the designation of on-site supervisors; and

(iii)a list of the qualifications and responsibilities of the supervisors.

(e)Employee/volunteer/consultant screening.

(1)Information supplied by applicants for employment or voluntary service and consultants shall be reviewed, evaluated and verified according to procedures established by the program.

(2)Applicants for employment or voluntary service shall not be subject to unlawful discriminatory treatment.

(3)Applicants for employment or volunteer services shall provide, at a minimum, the following information:

(i)an employment history, including relevant child care experience;

(ii)the names, addresses and telephone numbers, where available, of references who can verify employment history information and experience;

(iii)an educational history, including elementary school(s) and/or secondary school(s) or college(s) attended, the highest grade level or degree attained and credits earned;

(iv)all relevant special skills and training;

(v)the name, address and telephone number of two or more personal references, other than relatives, who can attest to the character and reputation of the applicant or volunteer;

(vi)the forms necessary for the office to inquire whether the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment, the forms necessary to check the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs pursuant to section 495 of the Social Services Law, a completed fingerprint card necessary for the office to conduct a criminal history review, and a sworn statement indicating whether, to the best of the applicant’s knowledge, he or she has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction;

(vii)a sworn statement that all information provided in the application is true, to the best of the applicant's or volunteer's knowledge.

(f)Training.

(1)The director of each program shall be responsible for ensuring that at least 40 hours of in-service training is provided to each staff member and that documentation is made of the receipt of such training by staff during each full year of service. Such training shall include the following topics:

(i)safety and emergency procedures, including first aid;

(ii)HIV awareness and education;

(iii)case records and confidentiality of information;

(iv)youth development and youth issues;

(v)reportable incidents as defined in section 488 of the Social Services Law shall be reported immediately upon discovery to the Vulnerable Persons’ Central Register, in accordance with section 491 of the Social Services Law. Discovery occurs when the mandated reporter witnesses a suspected reportable incident or when another person, including the vulnerable person, comes before the mandated reporter in the mandated reporter’s professional or official capacity and provides the mandated reporter with reasonable cause to suspect that the vulnerable person has been subjected to a reportable incident;

(vi)suicide prevention; and

(vii)runaway and homeless youth regulations.

(2)The director of each program shall be responsible for ensuring that in-service training is provided to volunteers in an amount commensurate with the specific volunteer duties performed and the amount of volunteer service provided by each individual volunteer.

(g)Nondiscriminatory treatment.

(1)Each program shall employ policies and procedures designed to ensure that youth are not subject to unlawful discriminatory treatment in any program decision making process or when being considered for any available service.

(2)Each program shall employ policies and procedures designed to reasonably ensure that non-English speaking youth understand all written and oral communications from program staff and volunteers, including program rules and requirements.

(h)Personal property.

The personal money and property of any youth shall remain as such, and shall not be comingled with any other private or program funds.

(i)Services.

(1)A current list of community providers of youth services shall be maintained at each program site.

(2)Program staff shall assist youth in accessing relevant community resources, in order to ensure that comprehensive services are provided to youth in accordance with individual case plans.

(3)Program staff shall assist eligible youth in obtaining care or services from a local social services district.

(j)Case management.

Program staff shall directly provide, or make arrangements with a local agency for the provision of, case management services to youth in program.

(1)The case management service provider shall conduct an initial comprehensive assessment of each youth and develop an individualized service plan with such youth within 30 days of admission to a program.

(2)A comprehensive assessment shall address the reason(s) why the youth is without a place of shelter where supervision and care are available, the youth's current functional level with regard to independent living skills, and the youth's ability to progress to independent living within 12 months based upon identification of the following immediate needs:

(i)education, vocational training and/or employment;

(ii)medical and nutritional;

(iii)emotional and psychological;

(iv)financial;

(v)clothing and shelter; and

(vi)family, social and recreational.

(3)An individualized service plan shall include:

(i)long- and short-term goals;

(ii)methods and timeliness for achieving such goals; and

(iii)the names of community providers who may assist the youth in fulfilling the plan, by providing activities designed to develop independent living skills, including:

(a)problem solving;

(b)decision-making;

(c)communication;

(d)employment;

(e)effective use of leisure time;

(f)personal hygiene;

(g)health maintenance;

(h)housekeeping; and

(i)financial management.

(4)Case management providers shall identify available community resources to meet the needs addressed in a youth's individualized service plan and ensure that such resources are accessible and provided to such youth. Such resources shall include, where appropriate, the support of available family, neighbors, friends, ethnic groups and the religious community.

(5)All homeless youth shall be encouraged to assess individual strengths, identify areas of needed growth, develop decision-making skills and assume personal responsibility for their progress in attaining individualized service plan goals.

(6)Youth shall be regarded as full partners in the planning and implementation of individualized service plans.

(7)Individualized service plans shall be reviewed with each youth at least every 60 days. Such plans shall be revised, as necessary, based upon additional information received and the youth's progress.

(8)Case management providers shall develop contingency plans for back-up emergency services to assist youth in coping with setbacks which may arise during their progress toward independent living.

(k)Emergency procedures.

Each program director shall maintain procedures to be followed in the event of fire, flood, energy failure, snowstorm and other civil or natural disasters. Such procedures shall be reviewed annually and revised, as necessary.

(l)Policy and procedure manual.

Each program shall have a policy and procedure manual containing, at a minimum, the following documents:

(1)A copy of the Runaway and Homeless Youth Act (article 19-H of the Executive Law) and the division's rules and regulations promulgated pursuant to the act (9 NYCRR 182-1 and 182-2).

(2)A copy of all division policies and procedures applicable to runaway and homeless youth programs.

(3)The program's policies, procedures and plans developed pursuant to the requirements of this Subpart.

(4)The program's abuse, neglect or maltreatment and significant incident reporting responsibilities and procedures, including the toll-free number of the Statewide Central Register of Child Abuse and Maltreatment, and the Vulnerable Persons’ Central Register.

(m)Reporting abuse.

(1)Program staff shall immediately report to the Vulnerable Persons’ Central Register where there is reasonable cause to suspect abuse, neglect, or a significant incident as defined in Social Services Law section 488.

(2)Program staff shall immediately report to the Statewide Central Register of Child Abuse and Maltreatment or local child protective service, as appropriate, where there is a reasonable cause to suspect that a youth has been abused, maltreated or neglected outside of the program.

(n)Records.

(1)All programs shall keep accurate and complete records of:

(i)all youth, staff and volunteers;

(ii)the daily operation of the program; and

(iii)the provision of services by the program and community providers.

(2)Individual case records shall be maintained for each youth served. Youth case records shall contain, at a minimum, the following information:

(i)the name, gender, race and birthdate of the youth;

(ii)the name, address and telephone number of the youth's parent(s), guardian(s) or legal custodian(s);

(iii)the date and time of intake or admission, source of referral, circumstances surrounding the youth's presence at the program and the physical and emotional condition of the youth upon intake or admission;

(iv)for residential programs, the time and date of parental notification regarding youth under the age of 18 years, the name of the individual receiving such notification and the name of the staff member providing such notification;

(v)any executed consents for the release of information concerning the youth;

(vi)copies of individualized service plans and progress reports concerning such plans;

(vii)a copy of the discharge report prepared by program staff pursuant to the provisions of this Subpart; and

(viii)information about the youth's dependent infant(s) and/or children, if present in the program, including the name, gender, age, physical condition and medical condition.

(3)Reports received or filed and any information concerning abuse, maltreatment or neglect by an employee, volunteer or consultant of a program are confidential and shall be maintained separate from the youth's case records. Such reports may be disclosed to appropriate authorities in connection with an investigation of abuse, neglect or maltreatment in accordance with the Social Services Law. Reports received by the authority investigating abuse, neglect or maltreatment shall not be disclosed except as provided by the Social Services Law. Any report which is unfounded or unsubstantiated shall be completely expunged from the confidential records of the program.

(4)Records of a facility or provider agency, as defined in section 488(4) of the Social Services Law, shall be made available for public inspection and copying when such records relate to abuse and neglect of vulnerable persons to the same extent that those records would be available from a State agency. Requests for such records shall be made in writing to the Justice Center. Facilities or provider agencies covered by this subdivision shall cooperate with the Justice Center, including providing any requested records to the Justice Center.

(o)Voluntary termination.

The program director shall give notice to both the county youth bureau and the division, in writing, of the director's intention to voluntarily terminate program operation at least 60 days prior to such intended termination. This notice shall indicate proposed steps to assure appropriate referral of youth to an alternate facility or program and to preserve the confidentiality of records.

(p)Contact the appropriate local social services district if it is believed that a youth may be a destitute child as such term is defined under section 1092 of the Family Court Act.

(q)Provide information to eligible youth about their ability to re-enter foster care in accordance with article 10-B of the Family Court Act, and in appropriate cases, refer any such youth who may be interested in re-entering foster care to the applicable local social services district.

9 NYCRR 182-2.6 - Confidentiality

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The disclosure of records or files, in whole or in part, pertaining to youth who are or have been in a transitional independent living support program, to any person, agency or institution is prohibited. This provision shall not prohibit the disclosure of information to appropriate state or local officials in connection with a report of child abuse, neglect or maltreatment and any investigation conducted pursuant to such report.

(b)Where necessary for the provision of services to youth in program, information may be released only upon receipt of written consent from the youth, including the following information:

(1)the youth's name;

(2)the name of the person authorized to release the information;

(3)the name of the person authorized to receive the information;

(4)the specific information to be disclosed;

(5)the specific purpose for release of the information;

(6)the date, signature of the youth and the signature of at least one witness, who may be an agency representative; and

(7)the period during which the consent for release of information is effective.

9 NYCRR 182-2.7 - Inspection and reporting

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The division and the county youth bureau responsible for program monitoring and evaluation shall be provided with access to program sites, staff and volunteers, records, files and other relevant information for purposes of periodic inspection of the operation and adequacy of approved programs. However, the county youth bureau shall only have access to child abuse and maltreatment reports received from state or local authorities investigating child abuse, neglect or maltreatment as permitted by the Social Services Law.

(b)Each program director shall report information and data to the division and the county youth bureau responsible for program monitoring and evaluation upon request.

9 NYCRR 182-2.8 - Certification of residential programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)In addition to submitting to the office the information set forth in section 182-1.4 of this Subpart, applicants proposing to operate residential transitional independent living support programs shall obtain certification from the office of the residential facility.

(b)Certification process.

(1)Inspection.

The division shall conduct an inspection of all proposed residential facilities.

(2)Issuance of operating certificate.

An operating certificate will be issued to the agency proposing to operate a residential facility, upon verification by the division that such facility is operated in compliance with all requirements of this Subpart.

(3)Certificate.

Operating certificates shall not be transferable. The valid operating certificate shall be prominently posted and accessible for examination. The operating certificate shall be valid until such time as an agency voluntarily terminates operation of a residential program or such operating certificate is revoked by the division, pursuant to the procedures set forth in this Subpart. Certificates shall be returned to the division immediately upon termination of operation of a residential program.

(c)Monitoring and inspection.

(1)Monitoring.

Residential facilities shall be routinely monitored to ensure that they are maintained in the same condition and at the same location as that initially certified, unless otherwise approved by the division.

(2)Inspection.

Residential facilities shall be routinely inspected to ensure ongoing compliance with all requirements of this Subpart.

(d)Notification.

The program director shall immediately notify the county youth bureau and the division, in writing, of any plans for significant change of the certified program. Such notification shall include changes in location, capacity, program model and physical plant. The division shall approve or disapprove such plans in accordance with the requirements of this Subpart and shall notify the program director of the decision, in writing.

(e)Required certification for residential programs.

On or after January 1, 2018, any residential transitional independent living support program established for the purpose of serving homeless youth that serves or proposes to serve any youth under the age of 18 or that is contained in a municipality’s approved comprehensive plan must be certified by the office and must be operated by an authorized agency as such term is defined in subdivision 10 of section 371 of the Social Services Law.

9 NYCRR 182-2.9 - Operation of residential programs

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Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Source snapshot: Jun 6, 2026

9 NYCRR 182-2.10 - Physical plant requirements for residential facilities

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Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Source snapshot: Jun 6, 2026

9 NYCRR 182-2.11 - Prevention and remediation of child abuse and maltreatment in residential programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Reporting abuse, neglect and significant incidents.

Each director of a residential program shall ensure that all employees, consultants, and volunteers are provided with written information regarding the statutory requirements for reporting suspected incidents of abuse, neglect and significant incidents.

(b)Child abuse prevention plan.

Each residential program shall develop written procedures, available onsite, for the protection of youth when there is reason to believe an incident has occurred which would render a youth abused or neglected as defined in section 488 of the Social Services Law. Such procedures shall include, but shall not be limited to, the following:

(1)Notification.

Immediate notification of any reportable incident shall be made to:

(i)the Vulnerable Persons’ Central Register;

(ii)local law enforcement officials, if it appears likely that a crime has been committed against a child, or confirm that such notification has already been made; and

(iii)the office and the program's administrative agency.

(2)Investigation procedures shall be in accordance with 18 NYCRR Part 433 and any regulations, policy or guidance issued by the Justice Center for the Protection of People with Special Needs (Justice Center) and provide necessary assistance to the Justice Center or the office and, if applicable, local law enforcement officials in their investigation thereof. Immediately upon notification that a report of abuse or neglect has been made to the Vulnerable Persons’ Central Register, the director of the program or his or her designee shall:

(i)preserve any relevant audio or visual recording;

(ii)preserve any other potential evidence;

(iii)obtain proper medical evaluation and/or treatment for the youth, as needed, with documentation of any evidence of abuse or neglect; and

(iv)provide necessary assistance to the Justice Center, office, and, if applicable, local law enforcement officials in their investigation thereof.

(3)Safety procedures.

Upon notification that a report of abuse or neglect has been made to the Vulnerable Persons’ Central Register with respect to a youth in the residential program, the director or his or her designee shall evaluate the situation and immediately take appropriate action to protect the health and safety of the youth involved in the report and of any other youth similarly situated in the program. Additional action shall be taken whenever necessary to prevent future incidents of abuse and neglect. Any action taken should cause as little disruption as possible to the daily routines of the youth in program. The following alternatives shall be considered in determining the course of action that will be taken with regard to a specific incident of alleged abuse or neglect:

(i)removal or transfer of the alleged subject of the report, consistent with the policy of the agency's board of directors, appropriate collective bargaining agreement(s) and applicable provisions of the Civil Service Law;

(ii)initiation of disciplinary action against the alleged subject of the report, consistent with appropriate collective bargaining agreement(s) and applicable provisions of the Civil Service Law;

(iii)increasing the degree of supervision of the alleged subject of the report;

(iv)provision of counseling to the alleged subject of the report;

(v)provision of increased training to staff, consultants and volunteers pertinent to the prevention and remediation of abuse and neglect;

(vi)removal or transfer of the youth, consistent with applicable placement procedures, if it is determined that there is a risk to such youth in remaining in that program. In such case, the county runaway and homeless youth service coordinator and the division shall be notified of any such removal or transfer; and

(vii)provision of counseling to the youth involved in the report and any other youth, as appropriate.

(4)Plans of prevention and remediation. Upon receipt from the Justice Center or the office of a substantiated report of abuse or neglect or an unsubstantiated report of abuse or neglect where the Justice Center or the office has determined that it appears likely that a crime may have been committed against a child or that there has been a violation of the statutory, regulatory or other requirements related to the care and treatment of individuals receiving services, the director of the program shall consider any appropriate recommendations received from the Justice Center or the office for preventative and remedial action, including legal action, and shall:

(i)within 10 calendar days of receipt of a substantiated report of abuse or neglect, develop and implement a written plan of action to be taken with respect to an individual employee or volunteer to protect the continued health and safety of the youth in program and to provide for the prevention of future acts of abuse or neglect, which plan shall include, at a minimum, those actions taken pursuant to paragraph (3) of this subdivision. Such plan will also describe the actions taken to address the investigation's findings. The plan shall be subject to approval by the office; and

(ii)in the event an investigation of a report of alleged abuse or neglect indicates that such abuse or neglect may be attributed in whole or in part to noncompliance by the program with provisions of article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-H of the Executive Law or the regulations of the office, develop and implement a plan of prevention and remediation which, at a minimum, shall address each area of noncompliance and indicate how the program will come into compliance with article 7, article 11, or title 6 of article 6 of the Social Services Law, article 19-H of the Executive Law and the applicable regulations. Such plan will also describe the actions taken to address the investigation's findings. Such plan shall be developed in conjunction with and subject to approval by the office, for submission to the office.

(5)Training.

(i)Staff/consultant training. Subject to the amounts appropriated for such purposes, abuse, neglect and significant incident prevention training shall be provided to all administrators, employees, volunteers and consultants to the program on a regular basis and in accordance with regulations or guidance provided by the Justice Center. Priority shall be given to the training of administrators, employees, volunteers and those consultants whose duties involve regular and/or substantial contact with youth in residential programs.

(ii)The purpose of such training shall be to increase the participants' level of awareness, encourage positive attitudes and enhance knowledge and skill development in at least the following areas:

(a)abuse, neglect and significant incident prevention and identification;

(b)safety and security procedures;

(c)principles of child development;

(d)characteristics of the youth in care;

(e)techniques of group and child management, including crisis intervention;

(f)laws, regulations and procedures governing the protection of vulnerable persons from abuse, neglect and significant incidents, including reporting responsibilities; and

(g)other relevant information provided by the office.

(iii)Administrators may be exempted by the office from such training requirements upon demonstration of substantially equivalent knowledge or experience.

(6)Instruction of youth. Instruction shall be provided to all youth in techniques and procedures for protection from abuse, neglect and significant incidents and any other training requirements in accordance with regulations, policy or guidance issued by the office and/or the Justice Center. Such instruction shall be:

(i)appropriate for the age, individual needs and particular circumstances of the youth, including the existence of mental, physical, emotional or sensory disabilities and the needs and circumstances within the specific residential program;

(ii)provided within 72 hours of a youth's admission in a manner which will ensure that all youth receive such instruction; and

(iii)provided by individuals who possess appropriate knowledge and training and documented by the program.

9 NYCRR 182-2.12 - Variances from requirements of residential programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Standard.

Residential programs may apply to the office for a specific exception to compliance with the requirements of this Subpart, where not expressly prohibited by statute. The office may grant a variance, in its discretion, only when doing so will not jeopardize the health, safety and welfare of the youth in such program. Residential programs that are not funded as part of any municipality’s approved comprehensive plan may apply to the office for variances related to the age of youth served or the length of time youth may remain in such programs subject to the same limitations placed on municipalities.

(b)Permanent variance.

Application for a permanent variance may be made where a program is unable to achieve compliance as required by this Subpart.

(c)Temporary variance.

Application for a temporary variance may be made where a program is only temporarily unable to comply as required by this Subpart. A temporary variance shall not be effective for more than one year after its issuance.

(d)Application.

The variance application shall include the following:

(1)the specific rule, regulation or provision that is the subject of the application;

(2)the specific reasons and facts supporting the inability to comply; and

(3)if applying for a temporary variance, a plan and timetable for achieving full compliance with the rule, regulation or provision at issue.

(e)Granting of variance.

If a variance is granted, the director of the division shall list any special requirements or conditions imposed on the program. The variance and any special requirements or conditions imposed shall become the standard for compliance with the specific rule, regulation or provision at issue for the program involved.

(f)Denial.

When a variance is denied, the written determination of the director shall set forth the specific facts and reasons for such denial.

9 NYCRR 182-2.13 - Enforcement powers applicable to residential programs

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Powers.

(1)The division shall exercise those powers authorized by the Social Services Law to enforce the provisions of this Subpart. Any action taken by the division to enforce the provisions of this Subpart shall be final.

(2)Consistent with the procedures set forth in this section, the division may suspend, limit, or revoke a program's operating certificate at any time for one or more violations of this Subpart. The division shall notify the certificate holder, in writing, of the decision to take such action, the reasons therefor, and the manner in which the operating certificate is to be limited.

(3)The following limitations may be placed on a program's operating certificate:

(i)a limitation on the period of time for which such certificate remains effective, contingent on a determination that specified violations have been corrected or specified conditions have been met;

(ii)a limitation on the number of persons for which such facility is authorized to provide care; or

(iii)a prohibition against the admission of new residents after a specified date.

(b)Certificate null and void.

If a residential facility is not operated as certified for a period of at least 60 days, due to the occurrence of a catastrophe such as fire, flood or hurricane, its operating certificate shall be deemed null and void by the division.

(c)Notice and hearing requirements.

Where the division intends to revoke, suspend, or limit an operating certificate, the affected party shall be afforded notice and an opportunity to be heard as follows:

(1)Notice of suspension, revocation or limitation.

The notice of suspension, revocation, or limitation shall include an explanation of the reasons for the action taken by the division and affected program director's right to invoke the division's hearing process. The affected program director shall have 10 business days from receipt of the notification to invoke the hearing process by returning a copy of the completed form indicating a choice to request a hearing concerning the matter.

(2)Notice of hearing.

A notice of hearing shall be personally served upon or sent by registered mail to the director of the affected program at least 30 days prior to the date of hearing. The notice shall specify the proposed action and the basis therefor, the time and place of the hearing and a statement that interpreter services shall be made available to deaf persons at no charge. The charges shall include a brief statement of jurisdiction and shall contain supporting facts and references to all relevant statutes, regulations or other legal authority.

(3)Answer.

The director of the affected program shall have the option of filing a written answer to the charges. The answer must be mailed to the hearing officer, with a copy to the division, not less than eight days prior to the date of the hearing.

(4)Hearing officer.

The hearing shall be conducted by a hearing officer, who has no previous involvement with or knowledge of the case. The hearing officer shall have the authority to administer oaths, issue subpoenas, rule upon requests for adjournment and offers of evidence, preserve the guarantees of due process and effectuate the purposes and provisions of applicable law in accordance with the State Administrative Procedure Act.

(5)Hearing procedure.

(i)The hearing officer shall preside over the proceedings and make all procedural rulings.

(ii)The rules of evidence, as applied in courts of law, shall not apply except that all evidence shall be relevant and material.

(iii)All testimony shall be given under oath.

(iv)The hearing shall be recorded verbatim.

(v)The director of the affected program shall be entitled to the representation of an attorney-at-law or other representative of his or her choice and own expense, and may have witnesses give testimony, cross-examine division witnesses, examine any document or item offered into evidence and otherwise present relevant and material evidence on his or her behalf.

(6)The decision.

(i)Upon conclusion of the proceeding, the hearing officer shall make findings of fact and conclusions of law and render a recommendation as to the decision which should issue therefrom. Said recommendation shall be forwarded to the director of the division within 14 days after the conclusion of the hearing, together with the notice of revocation, suspension or limitation, notice of hearing, answer, verbatim transcript of the hearing, all documents admitted into evidence at the hearing and all other materials designated as part of the record by the hearing officer.

(ii)The director of the division shall, within 30 days of the receipt of the hearing officer's written report, render a written decision based upon a consideration of the entire record. The director's decision shall incorporate only the hearing officer's findings of fact and conclusions of law. The director is not bound by the hearing officer's recommendation as to the appropriate decision, either in whole or in part.

(iii)A copy of the decision shall be mailed to the director of the affected program and, if applicable, his or her attorney or other representative. Where the decision rendered is adverse to the director of the affected program, a notice of the right to judicial review in accordance with the provisions of article 78 of the Civil Practice Law and Rules shall be attached to the decision.

(d)Temporary suspension or limitation.

(1)An operating certificate may be temporarily suspended or limited, without a hearing, upon a determination by the division that the public health or an individual's health, safety or welfare is in imminent danger.

(2)Such temporary suspension or limitation shall take effect immediately upon the program director's receipt of written notice of the division's determination, which shall state the basis for such determination, and shall remain in effect for a maximum period of 30 days thereafter, except as otherwise provided in paragraph (3) of this subdivision.

(3)Where the division has temporarily suspended or limited a program's operating certificate and also intends to revoke, or further suspend or limit the program's operating certificate pursuant to the process set forth in subdivision (c) of this section, the notice required in paragraph (c)(1) of this section shall be mailed within the 30 day effective period of the temporary suspension or limitation. In such case, the temporary suspension or limitation shall remain in effect until the hearing process set forth in subdivision (c) of this section is completed.

9 NYCRR 182-2.14 - Designation and responsibilities of the runaway and homeless youth service coordinator

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The county youth bureau shall designate an individual with appropriate qualifications and experience to serve as runaway and homeless youth service coordinator.

(b)The county youth bureau shall develop and maintain written procedures for the specific responsibilities of the coordinator and shall monitor the coordinator's daily functions with respect to the performance of such duties.

(c)The daily functions of the coordinator shall include, but shall not be limited to the following:

(1)development and implementation of county plans with the county youth bureau to improve services for runaway and homeless youth and their families;

(2)identification, assessment and monitoring of all available county resources for runaway and homeless youth and their families;

(3)ensuring that a system is in place for responding to inquiries concerning available shelter space, transportation and services 24 hours per day;

(4)ensuring that program youth have access to educational services, including transportation; and

(5)when designated by the municipality, after obtaining the information needed from the residential transitional independent living support program, provide the 60-day written notice to the office of any youth staying beyond the applicable length of stay period as required under section 182-2.9(d)(3) of this Subpart.

9 NYCRR 182-2.15 - State aid for runaway and homeless youth programs

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Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Source snapshot: Jun 6, 2026

9 NYCRR 182-2.16 - Runaway and homeless youth act advisory committee

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Function.

The advisory committee shall advise and make recommendations to the division with regard to implementation of the Runaway and Homeless Youth Act and division regulations promulgated pursuant thereto, related legislation and policy initiatives and the integration and coordination of services provided by runaway and homeless youth programs.

(b)Membership.

Members of the advisory committee shall be appointed by the director of the division. Youth bureau directors, runaway and homeless youth service coordinators, individuals experienced in working with runaway and homeless youth, individuals with other relevant experience and knowledge, and ex officio members representing Federal and state agencies which impact runaway and homeless youth may be selected by the director of the division to serve on the advisory committee.

9 NYCRR 182-2.17 - Optional services

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)A non-residential transitional independent living support program may provide non-residential crisis intervention services to youth in need of such services.

(b)A certified residential transitional independent living support program may provide non-residential crisis intervention services and residential respite services to youth; provided however that residential respite services may be provided for more than 21 days notwithstanding the limitations set forth in paragraph (i) of subdivision (d) of section 735 of the Family Court Act.

(c)A certified residential transitional independent living support program may provide residential services to homeless youth under the age of 16 only when serving such youth is authorized under the applicable municipality’s approved comprehensive plan and the municipality provides, through its runaway and homeless youth service coordinator or other designee, written notice, within 60 days, to the office of the circumstances that made the provision of shelter to each such youth necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts. If the office determines such shelter was inappropriate, the office may instruct the program on how to seek a more suitable alternative living arrangement.

(d)A transitional independent living support program may provide services to homeless young adults when serving such youth is authorized in the applicable municipality’s approved comprehensive plan.

9 NYCRR 182-2.18 - Abuse, neglect and significant incidents

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Jul 31, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Runaway and homeless youth transitional independent living support programs shall be subject to and must comply with the requirements as set forth in 18 NYCRR Part 433 and any other applicable regulations including, but not limited to, 14 NYCRR Parts 703-704.