N.Y. Comp. Codes R. & Regs. tit. 18 § 352.38

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

Section 352.38 - Security measures in shelters for the homeless

(a) On an annual basis, the operator of each emergency shelter that is not operating pursuant to an operational plan approved by the Office of Temporary and Disability Assistance (the office) as required by section 491.3 or 900.3 of this Title, and each emergency shelter that has not been issued an operating certificate pursuant to either section 491.4 or 900.4 of this Title shall submit to the office and the social services district in which the emergency shelter is located a plan for the emergency shelter to provide security and help ensure the physical safety of residents and staff. The social services district shall assess the adequacy of the plan and shall share the results of that assessment with the office. For purposes of this section, emergency shelter shall mean any facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter to recipients of temporary housing assistance. Based upon the individual characteristics of each emergency shelter, including, but not limited to, the location of the emergency shelter and the extent to which the location is known in the community, the size of the emergency shelter, construction characteristics of the emergency shelter, the homeless population served by the emergency shelter, and use of the building or site location for purposes other than the provision of shelter and services to the homeless, the security plan shall address, among other things:

(1) measures taken to control access to the emergency shelter, including but not limited to admittance procedures in place for persons entering the facility and the installation and use of safety locks on exit and entry doors, security devices such as metal detectors, cameras and security or alarm systems;

(2) the surveillance of the grounds, facility and activities of the residents to prevent theft and resident harm;

(3) the training and deployment of staff responsible for security, and in the case of emergency shelters with mental health or domestic violence programs, the availability of security staff trained in recognizing and responding to mental health or domestic violence issues;

(4) fire safety measures, and the emergency shelter's emergency and disaster plans, including but not limited to, procedures for conducting and supervising facility evacuations and periodic evacuation drills; actions taken in advance of an emergency to prepare emergency shelter employees to be ready for an emergency;

(5) procedures for handling and documenting individual emergencies, including arranging for medical care or other emergency services, maintaining records of any special medical needs or conditions, the prescribed regimens to be followed, and the names and phone numbers of medical doctors to contact should an emergency arise concerning these conditions; and

(6) safety measures provided for emergency shelter staff.

(b) In the event of a serious incident impacting upon the safety and well-being of any resident of an emergency shelter or member of the emergency shelter's staff, including, but not limited to, deaths by unnatural causes or suicides, life-threatening injuries including drug overdoses, assaults, rapes, sexual assaults, or attempted rapes or sexual assaults, arrests for alleged child abuse, fires, disasters, or other events that cause evacuation of the building or injury to shelter residents, heating, water, electrical failure that is more than four hours in duration, discovery of any environmental hazard, such as lead paint or asbestos, that threatens resident health or well-being, domestic violence that results in injury of one or more residents, criminal activity on the part of emergency shelter staff, or any misconduct on the part of emergency shelter staff that results in harm to the residents or other staff members, unless otherwise directed by the office, the operator of the emergency shelter or the social services district shall immediately report the serious incident to the office by e-mail or telephone. In the event the operator of the emergency shelter reports the serious incident to the office, the operator also must immediately notify the social services district. The social services district shall then submit a copy of the office-prescribed incident report form to the office within three business days.

(c) The operator must maintain a chronological record of serious incidents of the type described in subdivision (c) of this section using the office-prescribed incident report form. In the case of injury, the operator must include a written statement of the resident's version of the events leading to an accident or incident involving such resident on all Incident reports unless the resident objects.

(d) Where a security incident has been reported, or upon review of the operator's or social service district's annual plan, the office may direct the social services district or the operator to take additional security measures including, but not limited to, directing that the emergency shelter deploy additional trained security staff or relocate residents to another facility or emergency shelter. The office also may direct the social services district or the operator to:

(1) engage a qualified third party, who has been approved by the office, to conduct an evaluation of the security measures employed by the facility; and

(2) employ any or all of the recommendations made by the third party.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 352.38

Adopted New York State Register August 31, 2016/Volume XXXVIII, Issue 35, eff. 8/31/2016

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff.1/1/2020