N.Y. Comp. Codes R. & Regs. tit. 18 § 439.4

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

Section 439.4 - Qualified Residential Treatment Program Requirements

(a) A qualified residential treatment program as defined in section 441.2 of this Title shall meet all applicable requirements contained within Parts 442, 447 and 448 of this Title, as applicable, except:

(1) As expressly stated within this section;

(2) Where there is a conflict between the standards in this Part and standards set forth elsewhere in this Title, in which case the standards set forth in this Part shall apply; or

(3) When a waiver or exception to the particular regulatory requirement is granted under this Title.

(b) A qualified residential treatment program must also meet the following requirements:

(1) A qualified residential treatment program must be operated by an authorized agency as defined in section 371 of the Social Services Law and must meet applicable federal and state statutory requirements and administrative directives issued by the Office for qualified residential treatment programs.

(2) The provisions of Parts 476 and 477 of this Title shall apply to any application for, and issuance and conditions of, an operating certificate to operate a qualified residential treatment program.

(3) The qualified residential treatment program must have a trauma-informed treatment model designed to address the needs, of children with serious emotional or behavioral disorders, including clinical needs as appropriate, as approved by the Office. Such trauma-informed model must align with nationally recognized standards for trauma-informed principles and meet the requirements set by the Office, which may include, but not be limited to, a plan for:

(i) Implementation of the use of evidence-based, peer-reviewed and research-supported clinical practices;

(ii) Staff training and development regarding how trauma-informed care will be provided within the program, including, but not necessarily limited to, a description of initial and ongoing training for staff; and

(iii) How the staff leadership of the qualified residential treatment program will implement the qualified residential treatment model of care, including, but not limited to a description of:

(a) What measures or indicators are included in an organizational assessment that evaluates progress and ongoing status of implementation;

(b) How feedback on measures or indicators from staff, children and youth, and other family members will be gathered;

(c) Efforts to sustain the qualified residential treatment program's model of care; and

(d) Efforts to promote among staff and throughout the program, including work with the children and families, cultural awareness, and competency regarding race, culture, gender, sexual orientation and socioeconomic factors

(4) The qualified residential treatment program shall have available 24 hours a day, seven days a week:

(i) Nursing available from either a registered nurse or licensed nurse practitioner; and

(ii) Other licensed clinical staff who provide care on-site and within the scope of their practice as defined by state law in accordance with the selected treatment model for the qualified residential treatment program as approved by the Office of Children and Family Services.

(5) The qualified residential treatment program must have programs, approved by the Office, regarding facilitation of family and resource outreach and inclusion in the treatment process of including a plan of how the qualified residential treatment program will:

(i) Conduct case activities with the needs of the children, youth and/or parent(s) in mind;

(ii) Elicit children's, youth's and/or parents' understanding and perspective on case circumstances;

(iii) Conduct case discussions with transparency, including conversations regarding permanency options and concurrent planning; and

(iv) Demonstrate active involvement of children, youth and family in case planning discussions

(6) Qualified residential treatment programs must incorporate the child's family and permanency team as defined in section 441.2 of this Title into the activities of the child's support team as required by section 441.22 of this Title.

(7)

(i) The program must provide discharge planning.

(ii) Discharge planning must begin on the first day of placement.

(a) The discharge plan must be developed in conjunction with the support team and as appropriate, with input from health care providers, mental health service providers, other service providers involved with the child, the parent/caretaker, identified kin or fictive kin resources and the child; and

(b) Goals in a child's discharge plan must be measurable and contain factors that may include, but not be limited to the following:

(1) Goals based on the child's support plan;

(2) A permanency goal that addresses the reasons for placement in the qualified residential treatment program and how the child's living arrangement will be supported postdischarge;

(3) An education goal that describes the child's educational needs, whether any special education services are required, and how this goal will be supported post-discharge;

(8) Aftercare. The qualified residential treatment program must offer and plan to provide at least six months of aftercare services in accordance with section 439.6 of this Part.

(9) The program must be certified by the Office of Children and Family Services in accordance with section 439.7 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 439.4

Adopted New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022