9 NYCRR Part 182 - Executive Department

9 NYCRR 182-1.1 - Policy

A matched Register action is not later than the compiled-text reference date.

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

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

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

For the purposes of this Subpart the terms:

(a)Applicant shall mean a municipality, agency, or other duly incorporated organization requesting to operate a runaway program.

(b)Approval shall mean that a proposed non-residential program is found to be in compliance with the requirements of this Subpart after submission to the office by the municipality as part of its comprehensive plan.

(c)Runaway and homeless youth crisis services program shall mean:

(1)any non-residential program approved by the office, after submission by the municipality as part of its comprehensive plan, that provides services to runaway and homeless youth in accordance with the regulations of the office; or

(2)any residential program which is operated by an authorized agency as defined in section 371(10) of the Social Services Law, and certified by the office to provide short-term residential services to runaway youth and homeless youth in accordance with the applicable regulations of the Office of Temporary and Disability Assistance and the office.

(d)Authorized agency shall mean any agency, association, corporation, institution, society or other organization as defined in section 371(10) of the Social Services Law.

(e)Capital improvements shall mean additions or modifications to buildings and real property which are required for compliance with the provisions of this Subpart.

(f)Case management shall mean the assessment and identification of client needs; the identification of available resources to meet client needs; the coordination, monitoring and evaluation of services for each client; and advocacy for a client to ensure that services and resources are accessible and provided.

(g)Certification shall mean the issuance of written authority by the division to an authorized agency to operate a residential facility in compliance with all requirements of this Subpart.

(h)County youth bureau shall mean an agency created by a county, and responsible to the chief executive officer thereof, for the purpose of planning, coordinating and supplementing the activities of public, private or religious agencies devoted in whole or in part to the well-being and protection of youth.

(i)Department shall mean the New York State Office of Children and Family Services, which has succeeded the New York State Department of Social Services.

(j)Division shall mean the New York State Office of Children and Family Services, which has succeeded the New York State Division for Youth.

(k)Homeless youth shall mean:

(1)a person under the age of 18 who is in need of services and is without a place of shelter where supervision and care are available; or

(2)a person who is under the age of 21 but at least 18 and who is need of services and is without a place of shelter; or

(3)a homeless young adult as defined under this Subpart when a municipality’s approved comprehensive plan authorizes that services pursuant to article 19-H of the Executive Law be provided to such individuals.

(l)In-kind services shall mean services or items which may be included by the county as part of its reimbursable expenditures for runaway and homeless youth programs.

(m)Interim family shall mean a person or persons providing temporary shelter in their home to runaway and homeless youth as part of an interim family program.

(n)Interim family home shall mean a private dwelling providing temporary shelter to a maximum of two runaway and homeless youth, under the age of 21 years, as part of an interim family program.

(o)Interim family program shall mean an authorized agency which operates a residential program to provide support services to runaway and homeless youth and to arrange for the temporary shelter of such youth through the sponsorship, inspection and supervision of interim family homes.

(p)Non-residential program shall mean a program operated to provide support services, exclusive of shelter, to runaway and homeless youth which is approved by the Division for Youth after submission by the county youth bureau as part of its comprehensive plan.

(q)Residential facility shall mean a runaway and homeless youth shelter or an interim family home.

(r)Residential program shall mean a residential facility operated by an authorized agency to provide both shelter and support services to runaway and homeless youth which is certified by the office.

(s)Runaway and homeless youth service coordinator shall mean any person designated by a county whose duties shall include, but shall not be limited to, answering inquiries at any time concerning transportation, shelter and other services available to a runaway and homeless youth.

(t)Runaway and homeless youth shelter shall mean a residential facility operated for a maximum of 20 youth, all of whom are either under the age of 18 years or between the ages of 16 and 21 years.

(u)Runaway youth shall mean a person under the age of 18 years who is absent from his or her legal residence without the consent of his or her parent, legal guardian or custodian.

(v)Office shall mean the New York State Office of Children and Family Services.

(w)Homeless young adult shall mean a person who is age 24 or younger but is at least age 21 and who is in need of services and is without a place of shelter.

9 NYCRR 182-1.3 - Eligibility

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

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

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

Residential programs shall operate as follows:

(a)Hours of operation.

Programs shall be available to youth seeking services 24 hours per day.

(b)Intake.

(1)Youth and families shall have access to services immediately, with a minimum of intake procedures. Programs shall not accept or retain any youth who:

(i)is likely to cause danger to himself/herself or others or to substantially interfere with the health, safety, welfare or care of other residents;

(ii)is in need of a level of medical, mental health, nursing or other assistance that cannot be reasonably provided through the resources available to the program; or

(iii)consistently refuses to comply with the policies, procedures and rules of the program, after all reasonable efforts are made and documented by program staff to assist the youth in adjusting to program requirements.

(2)A youth under the age of 16 years shall be placed in a runaway and homeless youth shelter designated to serve youth over the age of 16 years only on an emergency and exceptional basis, for a period not to exceed 72 hours, when no other suitable arrangements for such youth may be made.

(c)Parental notification.

(1)Preferably within 24 hours, but not more than 72 hours after admission of a youth under the age of 18 years to an approved runaway program, the program staff and/or volunteers shall, to the maximum extent possible, provide notification of the youth's presence in the program to the parent, guardian or legal custodian with whom the youth last resided, or in whose custody the youth was most recently placed, prior to admission to the approved runaway program. Such notification shall include information about the following:

(i)the youth's physical and emotional condition; and

(ii)the circumstances surrounding the youth's presence in the program.

(2)Notification to a parent, guardian or legal custodian shall be delayed beyond 72 hours when compelling circumstances indicate that the parent, guardian or legal custodian should not be so notified. Such compelling circumstances include the following:

(i)danger of physical injury from the parent, guardian, or legal custodian; and

(ii)a reasonable report concerning behavior on the part of the parent, guardian, or legal custodian toward the youth which is considered to be grounds for either an abuse petition or a neglect petition.

(3)In all cases where notification is not provided to the parent, guardian, or legal custodian, the director of the program or his/her designee shall immediately ensure that one or all of the following steps are taken, as appropriate:

(i)seek direction from the family court concerning the filing of a petition to initiate child protective proceedings;

(ii)refer the youth to the local social services district; or

(iii)telephone the Statewide Central Register of Child Abuse and Maltreatment to report instances of suspected abuse, maltreatment or neglect and follow such telephone call with a written report within 24 hours.

(4)Where custody of a youth upon leaving the residential program is assumed by a relative or other person, other than the parent, guardian or legal custodian, the staff of the program shall so notify the parent, guardian or legal custodian, whomever is appropriate, as soon as practicable after the discharge of the youth.

(5)The officers, directors, employees or volunteers of a residential program shall be immune from any civil or criminal liability for or arising out of the release of a runaway or homeless youth to a relative or other responsible person other than a parent, guardian or legal custodian.

(d)Program participation.

(1)Program participation is voluntary and may be terminated by youth at any time.

(2)Length of stay in program shall not exceed 30 days from the date of a runaway youth’s admission, or, at the program’s option, for a youth age 14 or older for a period of up to 60 days when authorized in the applicable municipality’s approved comprehensive plan, where the filing of a petition pursuant to article 10 of the Family Court Act is not contemplated, in order that arrangements can be made for: the youth’s return home; an alternative residential placement, pursuant to section 398 of the Social Services Law; or any other suitable plan.

(3)If a runaway youth and the youth’s parent, guardian or legal custodian agree in writing, the youth may remain in program for a total period of up to 60 days, or, at the program’s option, for a total period of up to 120 days when authorized in the applicable municipality’s approved comprehensive plan without the filing of a petition under article 10 of the Family Court Act. The program director shall first obtain the approval of the applicable runaway and homeless youth service coordinator. The coordinator shall notify the municipality of such approval and provide a written statement setting forth the reasons for the approval of such additional residential stay and describing the efforts being made to find suitable alternative living arrangements for such youth.

(4)If the program director determines, after consultation with the family court, that a petition will be filed pursuant to article 10 of the Family Court Act in order to protect a runaway youth in program, the program director shall ensure that such petition is filed immediately. If the youth involved is in program at the time such petition is filed with the family court, the youth may remain in the program on a voluntary basis, beyond the maximum length of stay period set forth in paragraph (2) or (3) of this subdivision, until final resolution of the family court proceedings.

(5)A runaway youth may remain in a certified residential runaway and homeless youth crisis services program beyond the applicable periods authorized by paragraphs (2) and (3) of this subdivision, if 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 necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts. The office may instruct the program on how to seek a more suitable alternative living arrangement.

(e)Services.

(1)Residential program staff shall provide or assist in obtaining the following necessities and services for youth and, where appropriate, for their families:

(i)shelter;

(ii)food;

(iii)clothing;

(iv)individual and group counseling;

(v)transportation;

(vi)medical, mental health and dental care;

(vii)legal assistance; and

(viii)copies of miscellaneous vital documents, such as birth certificates, social security cards, and education records.

(2)Each program director shall ensure compliance with applicable New York State Education Law and regulations.

(f)Health services.

(1)Program staff shall maintain a current list of local licensed physicians, hospitals or clinics which provide health services to youth.

(2)Program staff shall assist youth in accessing health services including, but not limited to: dental, obstetrical, gynecological, family planning, alcohol and substance abuse treatment, mental health and primary health care.

(3)Each program director shall designate one staff member to be responsible for ensuring that youth are provided with assistance in accessing health services.

(4)Program staff shall provide each youth with education about AIDS, HIV testing procedures, confidentiality of HIV related information and HIV prevention, including universal precautions.

(5)Arrangements shall be made by program staff for the immediate transportation of youth with serious physical or mental health problems to an appropriate health care facility.

(6)Each site shall maintain a first aid kit and a spill kit which shall be fully stocked at all times.

(7)All medications belonging to youth in residence shall be stored in a locked cabinet or similar locked storage area.

(g)Supervision.

Staff of residential facilities, with the exception of interim families, shall provide on-site supervision 24 hours per day. At least one professionally trained staff member, who is qualified to care for youth, shall be responsible for each floor which contains youth bedrooms during sleeping hours.

(h)Pre-employment background checks.

(1)Applicants for employment or voluntary service in residential programs shall be screened through the Statewide Central Register of Child Abuse and Maltreatment and the Justice Center’s staff exclusion list and placed on duty as set forth in section 424-a and section 495 of the Social Services Law.

(2)Screening information received from the Statewide Central Register of Child Abuse and Maltreatment and the Justice Center’s staff exclusion list and shall be processed and evaluated in accordance with the Social Services Law.

(3)Programs shall maintain the screening information obtained from the Statewide Central Register of Child Abuse and Maltreatment and the Justice Center’s staff exclusion list in the employee's personnel file.

(i)Health screening.

Food handlers and persons caring for youth shall undergo a physical examination to determine fitness for duty. Such persons shall be reexamined annually to certify ongoing fitness for duty.

(j)Discharge.

(1)All runaway youth shall be discharged no later than the maximum length of stay authorized under subdivision (d) of this section.

(2)Programs may continue to provide case management and other appropriate services, excluding shelter, after discharge and shall encourage participation of the youth's family, where appropriate.

(3)Program staff shall maintain written documentation in youth case records of all efforts made to provide services for youth after discharge.

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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

All certified residential facilities, with the exception of interim family homes, shall comply with the physical plant requirements of this section.

(a)General.

(1)The design and furnishings of the residence shall promote a non-institutional, homelike environment.

(2)A telephone shall be made available for use by youth during reasonable hours, and access to such telephone shall be monitored by program staff to ensure that all youth have equal opportunity to make and receive telephone calls.

(3)Runaway and homeless youth shelters may be located in the same building or on the same grounds as transitional independent living support residences, defined in Subpart 182-2 of this Part. Such programs, however, must be physically separated and the following conditions must exist:

(i)separate direct care staff shall be provided for each program;

(ii)sleeping, dining, program and recreation areas shall be separately provided and maintained; and

(iii)sites shall be individually certified, including those operated by the same agency.

(4)Runaway and homeless youth shelters providing services to youth under the age of 18 years may be located in the same building or on the same grounds as shelters providing services to youth between the ages of 16 and 21 years, however, the programs must be physically separated and the following conditions must exist:

(i)separate direct care staff shall be provided for each program;

(ii)sleeping, dining, program and recreation areas shall be separately provided and maintained; and

(iii)sites shall be individually certified, including those operated by the same agency.

(5)The buildings and grounds of each residential facility shall be kept in a sanitary and safe condition, to facilitate the physical and mental well-being and comfort of youth.

(6)The building which houses the residential facility shall be in compliance with all applicable building, fire and health codes, and all relevant provisions of state and local laws, ordinances, rules and regulations.

(7)All rooms shall be lighted and ventilated.

(8)Unobstructed access to exits shall be maintained at all times.

(b)Bedrooms.

(1)Only youth of the same gender shall occupy the same bedroom.

(2)Each youth's sleeping space shall consist of a minimum of 30 square feet of floor space.

(3)No more than six youth shall occupy the same bedroom.

(4)Bunk beds may be used, but only in a manner which complies with the minimum square foot sleeping space requirement for each youth.

(5)Bedrooms shall have one or more windows opening directly to outside air.

(6)Upon admission to the program, each youth shall be provided with one bed, one mattress constructed of fire retardant material, furniture for storage of personal items and clothing, one pillow, one pillowcase, two sheets, sufficient blankets to provide comfort and warmth and a supply of towels and washcloths.

(c)Clothing.

(1)The program director shall ensure that all youth have a sufficient quantity of clothing which is of appropriate style, good quality and suited to seasonal conditions.

(2)Program staff shall ensure that youth clothing is laundered on a regular and frequent basis and repaired as required.

(d)Bathing and toilet facilities.

(1)Bathrooms shall be maintained in sanitary condition at all times.

(2)The minimum requirements for bathroom facilities are as follows:

Youth	Toilet	Sink	Tubs or Showers
1-6	1	1	1
7-12	2	2	2
13-20	3	3	3

(3)All toilets and showers shall be enclosed to provide privacy.

(4)Both hot and cold running water shall be available at all times.

(5)Individual articles for bathing, personal grooming and hygiene shall be provided in accordance with the age and needs of youth.

(e)Living room or recreation area.

A room of sufficient size and furnishing shall be provided for program and recreational activities.

(f)Dining area.

The dining area shall be of sufficient size and furnishing to allow seated dining in small groups.

(g)Food preparation/services.

(1)The program director shall have written procedures to ensure timely ordering and proper storage of food supplies and food products.

(2)Program staff shall provide three daily meals of good quality, which may include off-site meals. Food served shall be of sufficient quantity, properly prepared and served at regular hours.

(3)Medically prescribed dietary and nutritional needs or restrictions of youth shall be accommodated.

(4)Program staff shall, to the extent reasonably practicable, provide youth with food items and meals sufficient to meet established religious dietary laws, in keeping with the nutritional content of food items and meals served to other youth.

(5)Program staff shall keep accurate menus on file of food items available and meals actually served to youth for one year after the date purchased or served.

(6)Pantries and areas used for food storage shall be kept dry and well ventilated and shall not be used to store supplies which may contaminate food. Perishable food shall be kept refrigerated.

(7)Each program shall have kitchen equipment maintained in proper working condition and sufficient to provide for the program population.

(8)Dishes, glassware, silverware and kitchen utensils shall be maintained in a safe and sanitary condition.

(9)Programs serving six or more youth shall have an automatic dishwasher to clean food service equipment and utensils.

(h)Fire safety.

(1)The program director shall ensure that all buildings and structures comply with all applicable state and local fire codes, including requirements for the placement of smoke detectors, exit signs and fire extinguishers within the residential facility and other physical plant mandates.

(2)Program directors shall arrange for yearly inspections conducted by certified fire officials to ensure compliance with all state fire safety standards (or local standards if more stringent).

(3)Heat, electric and ventilation systems shall be of safe design, maintained in proper working condition and routinely inspected by qualified individuals.

(4)The use of wood stoves and kerosene heaters in program buildings and structures is prohibited.

(5)Space heaters shall not provide the sole means of heat in program buildings.

(6)Youth occupancy shall not be permitted above the second floor in a building of wood frame construction.

(7)Each floor of a residence occupied by youth shall have at least two alternate means of egress.

(8)An emergency exit sign shall be posted above each primary means of egress.

(9)Staff and residents shall be instructed and drilled in the emergency evacuation of the building on a regular basis, and all such instruction and drills shall be documented.

(10)Smoke detectors shall be placed in stairwells, attics, basements, bedrooms and hallways and shall be maintained in operable condition at all times.

(11)Each site shall have a working telephone for use in emergencies, with telephone numbers posted nearby for fire, police, medical assistance and other emergency services.

(i)Facilities for staff.

Live-in or sleep-in staff shall be provided with separate sleeping quarters and a separate bathroom with either a tub or shower.

(j)Provisions applicable to residential programs serving youth with dependent infants/children.

In addition to the above provisions, residential programs serving runaway and homeless youth and their dependent infants/children shall comply with the following operating requirements:

(1)Infants shall be supervised at all times.

(2)Play areas/day rooms for infants shall not be located above the first floor of any residence.

(3)Parents and their infant(s) may occupy either the same bedroom or adjoining bedrooms, but shall have separate beds. Infants shall be provided with a crib.

(4)A bedroom occupied by a parent and infant shall consist of a minimum of 60 square feet of floor space. Where occupied by an infant alone, the bedroom shall consist of a minimum of 30 square feet of floor space.

(5)Child safety devices shall be installed to secure electrical outlets and all storage areas which contain potentially dangerous substances and items, such as cleaning materials, chemicals, medications, tools and kitchen utensils.

(6)High chairs, booster seats, bathinettes, toilet training and other such equipment shall be provided.

(7)Infants shall have health examinations periodically, as recommended by the attending pediatrician.

9 NYCRR 182-1.11 - Interim family programs

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(a)In order for programs to receive State aid, a runaway and homeless youth service plan shall be developed by the county youth bureau in accordance with section 420 of the Executive Law.

(b)Counties having an approved runaway and homeless youth plan shall be entitled to reimbursement by the state for up to 60 percent of the entire amount of those expenditures necessary to operate its runaway and homeless youth programs and to fund its runaway and homeless youth service coordinator positions, after deductions are made for any Federal or additional State funds received or allocated to such programs. Reimbursable expenditures may include the following:

(1)staff salaries;

(2)fringe benefits;

(3)equipment;

(4)rental of operating space;

(5)utilities;

(6)insurance;

(7)youth transportation;

(8)shelter;

(9)food;

(10)clothing;

(11)supervision;

(12)individual, group and family counseling; and

(13)medical and dental care.

(c)The county's share of the total expenditures incurred for the operation of runaway programs may be met in part through private funding and valuation of in-kind services, as defined in this Subpart, however, such private funding and receipt of services shall not, in the aggregate, be more than 50 percent of such county's share.

(d)Inclusion of in-kind services.

In order to include the value of in-kind services as part of expenditures for which State aid may be granted, all in-kind services shall be verified by the county youth bureau and approved by the division pursuant to the following criteria:

(1)in-kind services shall not be used in a manner that reduces the total services provided to runaway and homeless youth;

(2)in-kind services shall be used only if the item or services contributed are reimbursable under this section;

(3)in-kind services shall not be used if the same services have been counted toward matching another Federal or state program or grant;

(4)valuation of in-kind contributions shall be based on fair market value at the time of donation;

(5)donations valued at $500 or more shall be counted at an annual rate of two percent for buildings and capital improvements or 6²/₃ percent for equipment;

(6)valuation of volunteer time shall be consistent with ordinary rates of pay for similar work;

(7)donations of staff and volunteer time shall be supported by timesheets, job descriptions and a pay scale; and

(8)donations of staff time shall not be counted as in-kind services if such staff are paid from state or Federal funds.

(e)Funding of capital improvements.

Subject to the availability of funding, consideration will be given to granting state aid for expenditures on capital improvements, as follows:

(1)capital improvements or modifications shall be approved by the division, prior to construction, if state aid will be requested for such costs; and

(2)division approval shall be granted only where a program demonstrates that capital improvements or modifications are required in order to comply with this Subpart and construction funds are not available through local and state capital improvement programs.

(f)Funds.

Reimbursements made pursuant to this Subpart shall be derived solely from funds appropriated for runaway and homeless youth programs.

(g)Nonreimbursable expenses.

State aid shall not be granted for expenditures which are not ordinary programs costs, such as the following:

(1)purchase of land and buildings;

(2)landscaping;

(3)taxes from which municipalities are exempt;

(4)personal membership fees in clubs or professional organizations and associations;

(5)salaries of personnel who are responsible for discharging law enforcement responsibilities;

(6)interest and penalty costs incurred by a municipality as program expenses;

(7)activities for which a fee is charged;

(8)activities which are normally considered part of a regular school curriculum;

(9)awards, other than inexpensive prizes such as trophies, medals or ribbons;

(10)hotel or motel costs of housing youth; and

(11)youth stipends.

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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

For the purposes of this Subpart the term:

(a)Applicant shall mean a municipality, agency, or other duly incorporated organization requesting to operate a transitional independent living support program.

(b)Approval shall mean that a proposed non-residential program is found to be in compliance with the requirements of this Subpart after submission to the office by the municipality as part of its comprehensive plan.

(c)Transitional independent living support program shall mean:

(1)any non-residential program approved by the office after submission by the municipality, as part of its comprehensive plan that provides supportive services to enable homeless youth to progress from crisis care and transitional care to independent living, in accordance with applicable regulations of the office, or

(2)any residential program established and operated to provide supportive services in accordance with the regulations of the office to enable homeless youth to progress from crisis care and transitional care to independent living; provided however, that such a residential facility may serve homeless youth under the age of 16 only when 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 such shelter necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts.

(d)Capital improvements shall mean additions or modifications to buildings and real property which are required for compliance with the provisions of this Subpart.

(e)Case management shall mean the assessment and identification of client needs; the identification of available resources to meet client needs; the coordination, monitoring and evaluation of services for each client; and advocacy for a client to ensure that services and resources are accessible and provided.

(f)Certification shall mean the issuance of written authority by the division to an agency to operate a residential facility in compliance with all requirements of this Subpart.

(g)County youth bureau shall mean an agency created by a county, and responsible to the chief executive officer thereof, for the purpose of planning, coordinating and supplementing the activities of public, private or religious agencies devoted in whole or in part to the well-being and protection of youth.

(h)Department shall mean the New York State Office of Children and Family Services, which has succeeded the New York State Department of Social Services.

(i)Division shall mean the New York State Office of Children and Family Services, which has succeeded the New York State Division for Youth.

(j)Group residence shall mean a residential facility, operated for a maximum of 20 youth, which provides an environment that encourages the development and practice of independent living skills.

(k)Homeless youth shall mean:

(1)a person under the age of 18 who is in need of services and is without a place of shelter where supervision and care are available; or

(2)a person who is under the age of 21 but at least 18 and who is in need of services and is without a place of shelter; or

(3)a homeless young adult as defined under this Subpart when a municipality’s approved comprehensive plan authorizes that services pursuant to article 19-H of the Executive Law be provided to such individuals.

(l)In-kind services shall mean services or items which may be included by the county as part of its reimbursable expenditures for runaway and homeless youth programs.

(m)Non-residential program shall mean a program operated to provide support services, exclusive of shelter, to homeless youth which is approved by the Division for Youth after submission by the county youth bureau as part of its comprehensive plan.

(n)Residential facility shall mean a group residence or a supported residence.

(o)Residential program shall mean a residential facility operated to provide both shelter and support services to homeless youth which is certified by the office.

(p)Runaway and homeless youth service coordinator shall mean any person designated by a county whose duties shall include, but shall not be limited to, answering inquiries at any time concerning transportation, shelter and other services available to a runaway and homeless youth.

(q)Supported residence shall mean a residential facility operated for a maximum of five youth of the same gender which provides an environment that approximates actual independent living.

(r)Office shall mean the New York State Office of Children and Family Services.

(s)Homeless young adult shall mean a person who is age 24 or younger but is at least age 21 and who is in need of services and is without a place of shelter.

9 NYCRR 182-2.3 - Eligibility

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

(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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

Residential programs shall operate as follows:

(a)Hours of operation.

Program staff shall be available to residents 24 hours per day.

(b)Intake.

Youth and families shall have access to services as soon as possible, with minimal disruption to the regular operation of the program. Programs shall not accept or retain any youth who:

(1)is likely to cause danger to himself/herself or others or substantially interfere with the health, safety, welfare or care of other residents;

(2)is in need of a level of medical, mental health, nursing or other assistance that cannot be reasonably provided through the resources available to the program; or

(3)consistently refuses to comply with the policies, procedures and rules of the program, after all reasonable efforts are made and documented by program staff to assist the youth in adjusting to program requirements.

(c)Parental notification.

(1)Preferably within 24 hours, but not more than 72 hours after admission of a youth under the age of 18 years to a transitional independent living support program, the program staff and volunteers shall, to the maximum extent possible, provide notification of the youth's presence in the program to the parent, guardian or legal custodian with whom the youth last resided, or in whose custody the youth was most recently placed, prior to admission to the transitional independent living support program. Such notification shall include information about the following:

(i)the youth's physical and emotional condition; and

(ii)the circumstances surrounding the youth's presence in the program.

(2)Notification to a parent, guardian or legal custodian shall be delayed beyond 72 hours when compelling circumstances indicate that the parent, guardian or legal custodian should not be so notified. Such compelling circumstances include the following:

(i)danger of physical injury from the parent, guardian, or legal custodian; and

(ii)a reasonable report concerning behavior on the part of the parent, guardian, or legal custodian toward the youth, which is considered to be grounds for either an abuse petition or a neglect petition.

(3)In all cases where notification is not provided to the parent, guardian, or legal custodian, the director of the program or his/her designee shall immediately ensure that one or all of the following steps are taken, as appropriate:

(i)seek direction from the family court concerning the filing of a petition to initiate child protective proceedings;

(ii)refer the youth to the local social services district; or

(iii)telephone the statewide central register of child abuse and maltreatment to report instances of suspected abuse, maltreatment or neglect and follow such telephone call with a written report within 24 hours.

(4)Whenever possible and appropriate, program staff shall notify the youth's parent, guardian or legal custodian when a youth under the age of 18 years leaves the program or when such youth successfully moves to independent living.

(d)Program participation.

(1)Program participation is voluntary and may be terminated by youth at any time.

(2)Length of stay in program shall not exceed 18 months from the date of admission, or up to 24 months when authorized in the applicable municipality’s approved comprehensive plan.

(3)A homeless youth who entered a transitional independent living support program under the age of 21 may continue to receive shelter services in such program beyond the applicable period authorized by paragraph (2) of this subdivision, if 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 necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts. The office may instruct the program on how to seek a more suitable alternative living arrangement.

(4)A homeless youth who is not yet 18 years of age but who has reached the maximum time period provided by paragraph (2) of this subdivision may remain in a transitional independent living support program until he or she is 18 years of age or for an additional 6 months if he or she is still under the age of 18.

(e)Services.

(1)Residential program staff shall provide or assist in obtaining the following necessities and services for youth and, where appropriate, for their families:

(i)shelter;

(ii)food;

(iii)clothing;

(iv)individual and group counseling;

(v)transportation;

(vi)medical, mental health and dental care;

(vii)legal assistance; and

(viii)copies of miscellaneous vital documents, such as birth certificates, social security cards and education records.

(2)Each program director shall ensure compliance with applicable New York State Education Law and regulations.

(f)Health services.

(1)Program staff shall maintain a current list of local licensed physicians, hospitals or clinics which provide health services to youth.

(2)Program staff shall assist youth in accessing health services including, but not limited to: dental, obstetrical, gynecological, family planning, alcohol and substance abuse treatment, mental health and primary health care.

(3)Each program director shall designate one staff member to be responsible for ensuring that youth are provided with assistance in accessing health services.

(4)Program staff shall provide each youth with education about AIDS, HIV testing procedures, confidentiality of HIV related information and HIV prevention, including universal precautions.

(5)Arrangements shall be made by program staff for the immediate transportation of youth with serious physical or mental health problems to an appropriate health care facility.

(6)Each site shall maintain a first aid kit and a spill kit which shall be fully stocked at all times.

(7)All medications belonging to youth in residence shall be stored in a locked cabinet or similar locked storage area.

(g)Supervision.

(1)Professionally trained staff members shall provide on-site supervision in group residences 24 hours per day.

(2)Professionally trained staff shall visit the site of each supported residence at least daily, and shall have a minimum of daily contact with each youth in the program.

(h)Pre-employment background checks.

(1)Applicants for employment or voluntary service in residential programs shall be screened through the Statewide Central Register of Child Abuse and Maltreatment and the Justice Center’s staff exclusion list and placed on duty as set forth section 424-a and section 495 of the Social Services Law.

(2)Screening information received from the Statewide Central Register of Child Abuse and Maltreatment and the Justice Center’s staff exclusion list shall be processed and evaluated in accordance with the Social Services Law.

(3)Programs shall maintain the screening information obtained from the Statewide Central Register of Child Abuse and Maltreatment and the Justice Center’s staff exclusion list and in the employee's personnel file.

(i)Health screening.

Food handlers and persons caring for youth shall undergo a physical examination to determine fitness for duty. Such persons shall be reexamined annually to certify ongoing fitness for duty.

(j)Discharge.

(1)All youth shall be discharged no later than the maximum length of stay authorized under subdivision (d) of this section.

(2)Programs shall continue to provide case management and other appropriate services, excluding shelter, for a period of at least 90 days after discharge and shall encourage participation of the youth's family, where appropriate.

(3)Program staff shall maintain written documentation in youth case records of all efforts made to provide services for youth after discharge.

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

A matched Register action is not later than the compiled-text reference date.

Top

Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jul 31, 2022
Related Register notice: CFS-01-18-00003-A · Adopted rule
Related notice published: Mar 28, 2018
Related notice effective date: Mar 28, 2018

All certified residential facilities shall comply with the physical plant requirements of this section.

(a)General.

(1)The design and furnishings of the residence shall promote a noninstitutional, homelike environment.

(2)A telephone shall be made available for use by youth during reasonable hours, and access to such telephone shall be monitored by program staff to ensure that all youth have equal opportunity to make and receive telephone calls.

(3)Group and supported residences may be located in the same building or on the same grounds as runaway and homeless youth shelters, defined in Subpart 182-1 of this Part. Such programs, however, must be physically separated and the following conditions must exist:

(i)separate direct care staff shall be provided for each program;

(ii)sleeping, dining, program and recreation areas shall be separately provided and maintained; and

(iii)sites shall be individually certified, including those operated by the same agency.

(4)The buildings and grounds of each residential facility shall be kept in a sanitary and safe condition, to facilitate the physical and mental well-being and comfort of youth.

(5)The building which houses the residential facility shall be in compliance with all applicable building, fire and health codes, and all relevant provisions of state and local laws, ordinances, rules and regulations.

(6)All rooms shall be lighted and ventilated.

(7)Unobstructed access to exits shall be maintained at all times.

(b)Bedrooms.

(1)Only youth of the same gender shall occupy the same bedroom.

(2)Sleeping space for each youth shall consist of a minimum of 60 square feet of floor space.

(3)In group residences, no more than four youth shall occupy the same bedroom.

(4)In supported residences, no more than three youth shall occupy the same bedroom.

(5)Bunk beds may be used, but only in a manner which complies with the minimum square foot sleeping space requirements for each youth.

(6)Bedrooms shall have one or more windows opening directly to outside air.

(7)Upon admission to the program, each youth shall be provided with one bed, one mattress constructed of fire retardant material, furniture for storage of personal items and clothing, one pillow, one pillowcase, two sheets, sufficient blankets to provide comfort and warmth and a supply of towels and washcloths.

(c)Clothing.

(1)The program director shall ensure that all youth have a sufficient quantity of clothing which is of appropriate style, good quality and suited to seasonal conditions.

(2)Program staff shall ensure that youth clothing is laundered on a regular and frequent basis and repaired as required.

(d)Bathing and toilet facilities.

(1)Bathrooms shall be maintained in sanitary condition at all times.

(2)The minimum requirements for bathroom facilities are as follows:

Youth	Toilet	Sink	Tubs or Showers
1-6	1	1	1
7-12	2	2	2
13-20	3	3	3

(3)All toilets and showers shall be enclosed to provide privacy.

(4)Both hot and cold running water shall be available at all times.

(5)Individual articles for bathing, personal grooming and hygiene shall be provided in accordance with the age and needs of youth.

(e)Living room or recreation area.

A room of sufficient size and furnishing shall be provided for program and recreational activities.

(f)Dining area.

The dining area shall be of sufficient size and furnishing to allow seated dining in small groups.

(g)Food preparation/services.

(1)The program director shall have written procedures to ensure timely ordering and proper storage of food supplies and food products.

(2)The residential program shall ensure the availability of three daily meals of good quality, which may include off-site meals. Food served shall be of sufficient quantity for the specific program population served.

(3)Medically prescribed dietary and nutritional needs or restrictions of youth shall be accommodated.

(4)Program staff shall, to the extent reasonably practicable, provide youth with food items and meals sufficient to meet established religious dietary laws, in keeping with the nutritional content of food items and meals served to other youth.

(5)Program staff shall keep accurate records on file of food items and supplies made available for youth.

(6)Pantries and areas used for food storage shall be kept dry and well ventilated and shall not be used to store supplies which may contaminate food. Perishable food shall be kept refrigerated.

(7)Each program shall have kitchen equipment maintained in proper working condition and sufficient to provide for the program population.

(8)Dishes, glassware, silverware and kitchen utensils shall be maintained in a safe and sanitary condition.

(9)Group residences shall have an automatic dishwasher to clean food service equipment and utensils.