N.H. Admin. Code § He-M 314.07

Current through Register No. 50, December 12, 2024

Section He-M 314.07 - Denial of Admission and Termination of Service

(a) A request for admission to a shelter shall be denied if the person requesting services poses a direct threat to the health or safety of others in the shelter and the shelter is unable to provide a reasonable accommodation which would eliminate the risk of direct threat. When a person is denied admission on this basis, the shelter may contact the local police department.

(b) A request for admission to a shelter shall be denied if the shelter lacks space to house the person.

(c) A request for admission to a shelter may be denied if the shelter is a specialized facility and the person seeking shelter is not a member of the special population for which the shelter is designed.

(d) For any person who is denied admission to a shelter, the shelter shall:

(1) Inform the person of the reasons for the denial;

(2) Make every effort to locate alternate emergency shelter; and

(3) Inform the person of the shelter's grievance procedures if the denial is for any reason other than lack of space or failure to meet the shelter's admission criteria.

(e) An emergency shelter may require a guest to leave the shelter under the following circumstances:

(1) The guest engages in behavior which poses a direct threat to the health or safety of others in the shelter;

(2) The guest engages in behavior which poses a direct threat to his or her own health or safety;

(3) The guest steals or destroys the property of the shelter or other guests, provided that if the guest denies such allegations he or she shall not be required to leave unless:

a. The guest is arrested by the police; or

b. Following an investigation by a shelter staff member, pursuant to (h) below, the staff member conducting the investigation finds the allegation to be true; or

(4) The shelter director or person in charge of the shelter at the time of the incident has reason to believe that the guest, while on the premises, is engaging in behavior that substantially interferes with the use and enjoyment of the premises by other guests.

(f) A shelter shall maintain a log of all guests required to leave the shelter and the reasons therefor. The information contained in the log shall be forwarded to the bureau of homeless and housing services upon request.

(g) Whenever a guest is required to leave a shelter pursuant to (e) above, the shelter shall:

(1) Provide the guest written documentation of the reason for being required to leave the shelter and the time frame during which the guest cannot return to the shelter; and

(2) No later than 24 hours after the guest is excluded, create a written record which contains the following information:

a. A full description of the guest's behavior that resulted in his or her being required to leave the shelter;

b. The names of the persons who were adversely affected by the behavior; and

c. The signature of the staff member who witnessed the behavior or conducted the investigation.

(h) If the circumstances that result in a guest being required to leave a shelter are not witnessed by a staff member, the incident shall be investigated by a staff member. Shelter staff shall document in the written record required in (g) above that the matter was investigated by a staff member and identify who performed the investigation.

(i) No guest shall be required to leave a shelter based upon the application of a limit on the length of time that a guest is allowed to remain in residence.

N.H. Admin. Code § He-M 314.07

#7405, eff 11-21-00; ss by #9328, eff 11-22-08

Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12056, Effective 11/22/2016, Expires 5/21/2017.