N.Y. Comp. Codes R. & Regs. tit. 14 § 687.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 687.8 - Duties of family care providers

(a) A family care provider shall comply with the provisions of this Part, other applicable laws and other applicable regulations of the commissioner.

(b) A family care provider shall make such reports as may be required by OPWDD and in the form and format acceptable to OPWDD.

(c) A family care provider shall cooperate with the commissioner or his or her authorized representative in any inspection or investigation by OPWDD.

(d) A family care provider shall permit an authorized representative(s) of OPWDD to inspect the family care home and all books and records, including financial records and records on individuals kept by the family care provider.

(e) A family care provider shall permit an authorized representative(s) of OPWDD to interview and examine any individual in the family care home, except that no individual may be examined against his or her will.

(f) A family care provider shall provide adequate and humane care for all individuals residing in the family care home.

(g) A family care provider shall comply with the family care manual policies and updates to such policies promulgated by OPWDD. The purpose of the manual is to enable a family care provider to have access to guidelines for the day-to-day operation of the family care home and information as to the family care provider's relationship with OPWDD. The sponsoring agency must ensure every family care provider is aware of and has access to the family care manual.

(h) A family care provider shall ensure that the expenditure of any monies provided through OPWDD for:

(1) replacement of necessary clothing belonging to the individuals;

(2) personal requirements and incidental needs of the individuals;

(3) recreational and cultural activities of individuals; and the maintenance of records are in conformance with the procedures established by OPWDD, subject to the approval of the State Comptroller.

(i) A family care provider shall maintain an individual's personal allowance account in conformance with the requirements set forth in the Social Services Law and Part 633 of this Title.

(j) A family care provider shall contribute toward the development and implementation of the individual's total plan of care.

(k) A family care provider shall provide a family atmosphere of acceptance, kindness and understanding, and endeavor to give each individual the support, attention and recognition that facilitates adjustment to the home and promotes an individual's development.

(l) A family care provider shall reside in the same home with the individuals.

(m) A family care provider shall ensure that individuals are not physically or psychologically abused.

(n) A family care provider shall participate in such training as is determined to be necessary by OPWDD to meet the needs of the individuals residing in the family care home.

(o) A family care provider shall develop a fire evacuation plan which shall be practiced periodically.

(p) The following procedures and requirements apply when any party who is 18 years of age or older (except for an individual receiving family care services) begins to reside in the family care home, and when a current resident (except for an individual receiving family care services) reaches the age of 18 years:

(1) The family care provider shall request that the sponsoring agency obtain background checks prior to or when such party begins to reside in the family care home or reaches the age of 18 years. The requested background checks include:

(i) a check of the staff exclusion list (SEL check) pursuant to section 633.24 of this Title;

(ii) a criminal history record check pursuant to section 633.22 of this Title; and

(iii) a check of the Statewide Central Register of Child Abuse and Maltreatment (SCR check) pursuant to section 633.24 of this Title.

(2) The family care provider shall ensure the provision, to the sponsoring agency, of information and fingerprints from the subject party, in the form, format and manner specified by the Justice Center as necessary to conduct the criminal history record check, and any other information as may be necessary to conduct the other background checks.

(3) Reserved

(4) The sponsoring agency shall ensure the provision of all required statements/information/fingerprints no later than five business days after the subject party becomes a resident or attains the age of 18 years.

(5) If the statement includes a conviction for a misdemeanor or felony, or a pending criminal charge, the sponsoring agency shall evaluate whether the safety of any people receiving family care services could be compromised by the party's continued residency and shall take appropriate steps to protect the safety of the person(s) receiving services.

(6) The sponsoring agency shall request:

(i) an SEL check;

(ii) a criminal history record check; and

(iii) an SCR check.

(7) If the Justice Center issues a denial or directs the sponsoring agency to issue a denial for a current family care provider or current adult household member, or if the potential household member begins to reside in the family care home, the sponsoring agency shall follow the requirements of section 633.22(h)(2) of this Title. If the Justice Center issues a denial or directs the sponsoring agency to issue a denial for a potential household member, family care provider shall not permit the subject party to reside in the family care home.

(8) If a criminal history record check was conducted concerning a party (other than the family care provider) and the party does not move into the family care home or permanently moves out of the family care home, the family care provider shall notify the sponsoring agency and the OPWDD in writing within 72 hours of the occurrence. The sponsoring agency shall notify the Justice Center within 14 days of the occurrence, in the form, format and manner required by the Justice Center.

(q) The family care provider shall notify the sponsoring agency and OPWDD of the identity and ages of all residents of the family care home, and shall notify the sponsoring agency and OPWDD when any changes occur in the residents of the family care home within 72 hours after the change.

(r) The family care provider shall notify the sponsoring agency and OPWDD when the provider or any resident of the family care home has been placed under arrest or is charged with a crime within 72 hours of the event.

(s) For the purposes of this section, college students who attend college but reside part of the year at the family care home shall be considered to reside in the family care home.

(t)Respite/substitute providers - background checks.

The same requirements related to background checks which are established for family care providers and family care household members are applicable to family care respite/substitute providers and, if respite is provided in the home of the respite/substitute provider, for adult household members. Required background checks include criminal history record checks, SEL checks and SCR checks. Sponsoring agencies shall deny an application to be a family care respite/substitute provider if the Justice Center directs the sponsoring agency to issue a denial based on the results of any criminal history record check.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 687.8

Amended New York State Register December 2, 2015/Volume XXXVII, Issue 48, eff.12/2/2015

Amended New York State Register September 21, 2016/Volume XXXVIII, Issue 38, eff. 9/21/2016

Amended New York State Register February 15, 2023/Volume XLIV, Issue 07, eff. 2/15/2023