D.C. Mun. Regs. tit. 29, r. 29-2515

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 29-2515 - PROVIDER STANDARDS FOR SHELTER AND SUPPORTIVE HOUSING
2515.1

All Providers of shelter and supportive housing shall meet the requirements of this section, as well as any additional requirements specific to the type of program provided as set forth elsewhere in this chapter.

2515.2

Providers shall ensure staff members are appropriately trained, qualified, and supervised.

2515.3

Providers shall maintain safe, clean, and sanitary facilities that meet all applicable District health, sanitation, fire, building, housing, and zoning codes. If it is not the responsibility of the Provider to correct an identified deficiency, the Provider shall promptly report to the Department or the appropriate agency the deficiency for corrective action, according to the applicable procedures.

2515.4

Providers in all types of shelter and supportive housing shall assist clients to prepare for living in permanent housing, as deemed appropriate by the Provider and the client. Providers shall support the client's progress toward achieving goals set forth in the client's Service Plan, including the review of any Provider policies and procedures that are inconsistent with such goals.

2515.5

In accordance with a client's Service Plan and the type of shelter or supportive housing, Providers shall collaborate and coordinate with other service Providers to meet the client's needs, as deemed appropriate by the Provider and the client.

2515.6

Providers shall receive and utilize client input and feedback for the purpose of evaluating and improving the Provider's services. At a minimum, Providers shall hold regularly scheduled meetings at least once monthly with staff and clients to provide an open forum for clients to provide feedback to Providers and foster on-going communication between clients and staff.

2515.7

Providers shall establish procedures for the Provider's internal complaint procedures and, in addition to any other method, shall give notice to clients of these procedures through the Provider's approved program rules.

2515.8

Providers shall provide each client with printed information, distributed by the Department, describing the available services within the Continuum of Care, or other meaningful and up-to-date access to services information.

2515.9

Client Advocates, and any other shelter or supportive housing case management staff shall be trained on the available services information and shall discuss with each client as applicable.

2515.10

Site-based Providers shall provide to clients information regarding laundry facilities in close proximity to the shelter.

2515.11

Providers shall ensure that all clients are informed of services for which they may be eligible.

2515.12

Providers shall ensure the delivery of culturally competent services and provide language assistance for clients with limited English proficiency.

2515.13

Providers shall provide services free from discrimination on the basis of race, color, religion, national origin, language, culture, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, and source of income, and in accordance with the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401, et seq. (2007 Repl.; 2011 Supp.)), the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 328; 42 U.S.C. §§ 12101, et seq.), the Rehabilitation Act of 1973, approved August 7, 1998 (112 Stat. 1095; 29 U.S.C. §§ 701, et seq.), and Title II of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 243; 42 U.S.C. §§ 2000a, et seq.).

2515.14

Providers shall provide reasonable modifications to policies, practices, and procedures in accordance with section 2546 when the modifications are necessary to avoid discrimination on the basis of disability, unless the Provider demonstrates that making the modifications would fundamentally alter the nature of the services.

2515.15

Providers shall ensure confidential treatment of the personal, social, legal, financial, and medical records and information related to a client or any member of a client's family, whether obtained from the client or from any other source, consistent with the confidentiality requirements of District and federal law. Providers shall ensure that all staff and volunteers are properly trained in these confidentiality requirements.

2515.16

Providers shall notify all applicants and clients that information about the client's receipt of services shall be included in the District of Columbia Homeless Management Information System (HMIS) for purposes of program administration and evaluation, and, that such information shall be maintained in a confidential manner consistent with the requirements of District and federal law. Domestic violence shelters and housing programs subject to the Violence Against Women and the Department of Justice Reauthorization Act of 2005, effective January 5, 2006 ( Pub. L. No. 109-162; 119 Stat. 2160), shall notify all applicants and clients that the Provider shall only provide in the aggregate non personally identifying demographic information regarding services to their clients and non personally identifying demographic information to HMIS.

2515.17

Providers shall establish Program Rules related to the specific goals of their program. Program Rules shall include:

(a) Any applicable special eligibility requirements for the purpose of limiting entry into the program to individuals or families exhibiting the specific challenges that the program is designed to address, except in severe weather shelter and low barrier shelter;
(b) Client responsibilities, including those listed in section 2514;
(c) Client rights, including those listed in section 2512, and where applicable, section 2513;
(d) The internal complaint procedures established by the Provider for the purpose of providing the client with an opportunity to promptly resolve complaints;
(e) Procedures by which an individual with a disability may request a reasonable modification pursuant to section 2546;
(f) The procedures and notice requirements of any internal mediation program established by the Provider;
(g) The program's client property and storage policy and any procedures;
(h) Sanctions that a Provider may apply to clients who are in violation of the Program Rules. The list of sanctions shall include transfer, suspension, and termination as allowed by this chapter and any other sanctions the program may apply prior to transfer, suspension, or termination. Providers shall also state, as applicable, the basis for applying each sanction listed, the duration of the sanction, and how the client may have the sanction lifted; and
(i) The client's rights of appeal through a fair hearing and administrative review, including the appropriate deadlines for instituting the appeal.
2515.18

Providers shall submit their Program Rules to the Department for approval:

(a) Annually with any proposed changes clearly identified; and
(b) Whenever a Provider seeks to change its eligibility criteria, the rules of its internal grievance or mediation procedures, or its program sanctions.
2515.19

No Provider may enforce any provision within its Program Rules, other than those requirements or protections specifically enumerated by this Chapter, unless the Department has approved the Program Rules in accordance with this section.

2515.20

Providers shall give prompt and effective notice of their Program Rules to clients by:

(a) Posting a copy of their Program Rules on the Provider's premises in a location easily accessible to clients and visitors; and
(b) Giving every new client written notice of the Provider's Program Rules, and reading and explaining the written notice to the client.
2515.21

The client and the Provider staff member delivering the notice pursuant to subsection 2515.20(b) shall both sign a statement acknowledging the client's receipt of the notice and indicating the client's awareness, understanding, and acceptance of the Program Rules.

2515.22

Providers shall establish procedures to provide effective notice of the Program Rules to clients with special needs, including those who may have intellectual or mental disabilities, or who may have difficulty reading or have limited English proficiency.

2515.23

Providers shall submit an Unusual Incident Report to the Department for investigation or review, according to the Department's Unusual Incident Report policy and procedures. Providers shall complete the Unusual Incident Report form prescribed by the Department and include, where applicable, any actions or resolution taken to ameliorate the unusual incident

2515.24

Providers shall publicly display information regarding the ability to seek redress under the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01, et seq.), as amended.

2515.25

Providers shall develop a system for reporting bullying and harassment in accordance with Youth Bullying Prevention Act of 2012, effective September 14, 2012 (D.C. Law 19-167; D.C. Official Code §§ 2-1535.01, et seq.), as amended.

2515.26

Providers shall ensure that all homeless service workers, including intake workers, direct service staff, contractors, and volunteers, direct service staff managers, and direct service staff supervisors, shall be trained by the District's Office of Lesbian, Gay, Bisexual, Transgender and Questioning Affairs or its designee in cultural competence with regard to the LGBTQ population, including but not limited to, the following:

(a) Vocabulary and definitions relevant to LGBTQ clients;
(b) Information about how to communicate with clients about sexuality, sexual orientation, and gender identity;
(c) Information about the Department's nondiscrimination policy and discrimination complaint process;
(d) Best practices for data collection, privacy, storage, and use;
(e) Confidentiality policies and practices;
(f) Current social science research and common risk factors for LGBTQ youth;
(g) Information about the coming out process, its impact on LGBTQ youth, and how to address a youth who self-discloses his or her sexual or gender identity (e.g., offering support, engaging in conversation as appropriate, locating appropriate services);
(h) Best practices for supporting LGBTQ clients in shelter, housing, and supportive services, including but not limited to information on community resources available to serve LGBTQ clients;
(i) Suicide awareness and prevention; and
(j) Legal requirements for providers and homeless service workers for homeless youth.
2515.27

Providers of shelter or supportive housing for LGBTQ homeless youth shall implement research-based family acceptance interventions that are designed to educate families on the impact of rejection towards their LGBTQ children and negative outcomes for LGBTQ youth associated with rejection, including depression, suicidal behavior, drug use, and unprotected sex. Family acceptance interventions may include individual and family sessions, assessment tools, and resources for families that promote acceptance by parents and positive well-being and development of LGBTQ youth.

D.C. Mun. Regs. tit. 29, r. 29-2515

Notice of Emergency and Proposed Rulemaking published at 57 DCR 6438 (July 23, 2010)[EXPIRED]; as amended by Notice Emergency Rulemaking published at 57 DCR 11353 (November 26, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 3007 (April 8, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 7442, 7455 (August 19, 2011); amended by Final Rulemaking published at 63 DCR 10215 (8/5/2016)
Authority: The Director of the Department of Human Services (DHS or Department), pursuant to the authority set forth in section 31 of the Homeless Services Reform Act of 2005 (HSRA or Act), effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-756.02 (2008 Repl.)), and Mayor's Order 2006-20, dated February 13, 2006.