Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICESChapter II - Regulations of the Department of Social ServicesSubchapter C - Social ServicesArticle 2 - Family and Children's Services
Part 440 - PROGRAMS FOR YOUTH WHO HAVE BEEN OR ARE AT-RISK OF SEX TRAFFICKING
Section 440.4 - General Requirements

N.Y. Comp. Codes R. & Regs. tit. 18 § 440.4

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Current through Register Vol. 46, No. 51, December 18, 2024
Section 440.4 - General Requirements
(a) Programs shall have a physical environment, culture and programming to support the healing of youth who have experienced significant sexual trauma.
(b) Physical Plant. In addition to all physical plant requirements set forth in Parts 442, 447 and 448 as applicable, facilities shall additionally maintain a physical environment that is home-like and welcoming.
(1) Furnishings shall be maintained in good and clean condition, and be durable without being institutional in nature, materials and design.
(2) The facility should apply standards of design and materials that are trauma-responsive as required by the Office. Such standards include efforts to minimize noise, and the use of color and light to promote healing and calming responses.
(3) Single occupancy bedrooms should be made available to each youth. Youth may opt to share a bedroom with one other youth in a bedroom that meets all requirements with Parts 442, 447 and Part 448 as applicable.
(c) Program Requirements.
(1) A program must provide high-quality residential care and supportive community-based services tailored to the needs of adolescents and young adults as approved by the Office. The program must meet the cultural, therapeutic, medical, developmental and recreational needs of the youth as required by the Office.
(2) Therapeutic model. Programs must utilize therapeutic approaches that are evidence based or evidence informed to promote healing for adolescents with complex sexual trauma histories.
(3) Health care and health education. Programs must provide comprehensive sexual health education and health care that is responsive to youth with sexual trauma.
(4) Education and vocational supports. Programs must provide access to community based education and vocational services and opportunities to children and youth served.
(d) Program culture.
(1) Programs must be strengths based, rooted in positive youth development, and provide community-based opportunities for youth to thrive as required by the Office.
(2) The program must create a positive affirming environment for youth of all racial and ethnic backgrounds and gender identities and sexual orientations.
(3) The culture should reflect and affirm the backgrounds and identities of the youth and families and be oriented toward self-efficacy and risk tolerance.
(e) Youth engagement and positive youth development. Programs must include meaningful opportunities for youth voice, choice and leadership in their lives, in the program and in their community. Such engagement should include input into hiring, program design, behavioral supports and other areas as required by the Office.
(f) Policies and procedures manual. Programs must maintain a policy and procedure manual, which is to be updated with input from youth and families, as required by the Office.
(g) Youth manual. Programs must have a youth manual written in plain, youth-friendly language that clearly explains the rights and responsibilities of youth, program rules and other elements as required by the Office. Manuals must be reviewed annually, and there must be a process by which youth are involved in the updates.
(h) Engagement of permanency resource(s). Programs must engage and support youth's permanency resources. Such support may include but not be limited to:
(1) Psychoeducation about commercial sexual exploitation and trafficking;
(2) Safety planning, including online safety;
(3) Prevention for siblings and other youth in the home, as applicable;
(4) Addressing stigma; and
(5) Therapeutic supports to facilitate a successful transition and discharge plan;
(i) Staffing.
(1) Programs must have direct care and supervisors of direct care staff to meet the needs of youth and as required by the Office.
(2) Programs should implement a staff recruitment and retention strategy that encourages the employment of persons with relevant lived experiences.
(3) Programs should provide supportive supervision and opportunities for self-care to all staff to address any secondary traumatic stress.
(j) Aftercare. Programs must provide for aftercare to youth and families as required by the Office.
(k) Admissions and Discharges.
(1) Admission. Youth of all gender identities and expressions may be admitted to a program; provided however a youth should not be admitted to a program that primarily serves youth of other gender identities or expressions unless other options have been explored, or the youth otherwise meets the requirements for admission to such program and agrees to be admitted to such program.
(2) Discharge. Youth shall not be discharged solely due to frequent episodes of leaving a program without consent or destruction of property.
(l) Office approval. Programs must seek Office approval for changes to any approved program model, staffing plan, therapeutic approach, admission and discharge procedure, or aftercare services.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 440.4

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