D.C. Mun. Regs. tit. 29, r. 29-2523
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 29-2523 - TERMINATION OF INDIVIDUALS AND FAMILIES FROM SHELTER AND SUPPORTIVE HOUSING2523.1A Provider may terminate delivery of services to a client only when:
(a) The Provider documents that it has considered suspending the client in accordance with section 2522, or, has made a reasonable effort, in light of the severity of the act or acts leading to the termination, to transfer the client in accordance with section 2521;(b) The client: (1) Possesses a weapon on the Provider's premises;(2) Possesses or sells illegal drugs on the Provider's premises;(3) Assaults or batters any person on the Provider's premises;(4) Endangers the client's own safety or the safety of others on the Provider's premises;(5) Intentionally or maliciously vandalizes, destroys, or steals the property of any person on the Provider's premises;(6) Fails to accept an offer of appropriate permanent housing or supportive housing that better serves the client's needs after having been offered two (2) appropriate permanent or supportive housing opportunities; or(7) Knowingly engages in repeated violations of a Provider's Program Rules; and(c) In the case of terminations pursuant to subparagraphs (b)(6) and (b)(7) of this subsection, the Provider has made reasonable efforts to help the client overcome obstacles to obtaining permanent housing.(d) For purposes of this subsection, reasonable efforts to transfer shall be satisfied when the Provider, with the client's participation and input if possible, in light of the severity of the act or acts leading to termination: (1) Determines what type of program or programs constitutes an appropriate transfer;(2) Identifies the programs that offer such programs;(3) Determines, either through contacting a central transfer coordinator or by contacting the programs directly, which of the identified programs have available placements; and(4) Offers to the client the transfer options that the Provider has identified or implements transfer to an appropriate placement.(e) For purposes of paragraph (d), the phrase "severity of the act or acts" means the degree of interference the continuing presence of the client may have, as determined by the Provider, with other clients' enjoyment of rights or on the Provider's ability to meet the standards by which services are to be delivered to other clients.2523.2A Provider shall give written and oral notice to clients of their termination from services at least fifteen (15) days before the effective date of the termination.
2523.3Prior to terminating a client for consecutive unapproved overnight absences totaling more than seventy-two (72) hours pursuant to subsection 2523.1(b)(7), the Provider shall make reasonable efforts to locate the client, including using available contact information. If the absence remains unexplained, the Provider may proceed with termination and provide notice under this section to the extent feasible, which may include posting to the client's unit or making the notice available to the person upon their return to the program.
2523.4A Provider's written notice to a client of his or her termination shall include:
(a) A clear statement of the effective date of the termination;(b) A clear and detailed statement of the factual basis for the termination, including the date or dates on which the basis or bases for the termination occurred;(c) A reference to the statute, regulation, or Program Rule pursuant to which the termination is being implemented;(d) A clear and complete statement of the client's rights to appeal the termination through a fair hearing and administrative review, including deadlines for instituting the appeal; and(e) A statement of the client's right to continuation of shelter or supportive housing services pending the outcome of any fair hearing requested within fifteen (15) days after receipt of written notice of a termination.2523.5When a Provider terminates an individual or family from a program, the termination applies only to the specific program and location from which the individual or family is terminated, except for scattered site programs that have no common location. The individual or family may seek services from other Providers within the Continuum of Care, as well as from other locations or programs offered by the Provider of the program from which they were terminated.
2523.6Providers may not use the termination authority provided under this section in any way that interferes with a client's tenancy rights under an agreement governed by title 14 of the District of Columbia Municipal Regulations.
D.C. Mun. Regs. tit. 29, r. 29-2523
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, 7467 (August 19, 2011)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.