N.Y. Comp. Codes R. & Regs. tit. 18 § 408.6

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

Section 408.6 - Length of stay in a residential program for victims of domestic violence

(a)General requirements.

A resident's initial authorized length of stay at a residential program for victims of domestic violence and eligibility for any extensions must be based upon the individual safety and service needs of the resident or the resident's children.

(b)Method of determining length of stay.

(1) A resident's initial length of stay will be authorized for a period of up to 90 days, determined by the social services district financially responsible for the resident at the time of admission, based upon the individual safety and service needs of the resident or the resident's children.

(2) A resident's eligibility for an extension will be assessed as follows:

(i) A resident's length of stay may be extended a maximum of two times. Each extension may be up to 45 days contiguous to the initial 90-day period and must be based upon a determination by the social services district that:

(a) such housing is necessary; and

(b) neither the resident, the social services district nor the residential program are able to secure safe and appropriate alternative housing, as defined in section 408.2(a) of this Part.

(ii) The residential program must request an extension of the length of stay prior to the expiration of the resident's length of stay. Such request for extension shall be made to the social service district fiscally responsible for the resident no fewer than five business days prior to the expiration of the resident's length of stay. The social service district fiscally responsible for the resident may agree to a shorter notice period only if emergency circumstances make the need for such an extension not reasonably foreseeable in the notice period set forth above. In such a case, notice of the extension must be given to the social service district immediately upon circumstance becoming reasonably foreseeable. Whenever a resident's length of stay is extended, the social services district financially responsible for the resident must assist the resident in obtaining alternative housing before the close of the extension period.

(iii) When a resident is unable to secure safe and appropriate alternative housing and is deemed eligible to remain in a residential program, the social services district financially responsible for the resident must pay the per diem rate for the residential program for the period of such extension.

(iv) The resident's need for an extension must be assessed pursuant to the following standards:

(a) the resident must continue to be in need of temporary shelter and emergency services provided directly by the residential program pursuant to sections 453.4, 454.7 or 455.6 of this Title because safe and appropriate alternative housing, as defined in section 408.2(a) of this Part, is not available;

(b) the resident must continue to meet the admission criteria of the residential program pursuant to section 452.9(a) and, where applicable, sections 454.6 and 455.5 of this Title; and

(c) the resident must continue to abide by the rules of the residential program.

(c)Assessment of service needs.

(1) General requirements.

(i) During the period of stay at a residential program, each resident's need for temporary shelter, emergency services and care, including the individual safety and service needs of a resident and the resident's children must be assessed at regular intervals to ensure the provision of necessary and appropriate services to a resident and his/her children. At a minimum, such assessment must include an evaluation of the need for services provided directly by a residential program and any services provided directly by a social services district. Unless there is a contract between the residential program and the district pursuant to section 408.8 of this Part, the social services district financially responsible for the resident will determine the procedures for conducting such assessments.

(ii) To ensure that a resident's temporary shelter, emergency services and care needs assessment identifies all the service needs of the resident and his/her children, including those services offered and provided directly by a social services district, a residential program must provide the social services district financially responsible for the resident with relevant information concerning the resident's temporary shelter, emergency services and care.

(2) Frequency of assessments.

The frequency at which a resident's temporary shelter, emergency services and care needs must be assessed by a residential program must be determined by the social services district financially responsible for the resident, unless there is a contract between such district and the residential program, in which case the frequency will be determined pursuant to the terms of the contract.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 408.6

Amended New York State Register June 28, 2017 /Volume XXXIX, Issue 26, eff. 6/28/2017