N.Y. Comp. Codes R. & Regs. tit. 18 § 449.2

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

Section 449.2 - Conditions for application and approval of a supervised setting program

(a) An authorized agency may not operate a supervised setting program until it receives the written approval of OCFS.

(b) An authorized agency desiring to operate a supervised setting program must apply to OCFS for authorization to operate such a program in a manner as required by OCFS. Such application must include:

(1) a description of the need for the program and a list of the social services districts interested in using the program, ;

(2) a description of the services that will be provided, including a plan setting forth how the services will be provided;

(3) the population to be served;

(4) proposed staffing, including the proposed staff to youth ratio for the program and the procedures for obtaining background checks on prospective employees, volunteers or consultants;

(5) a description of how settings will be located and approved or certified;

(6) a certification that all supervised settings will be operated in compliance with this Part; and

(7) any other information required by OCFS.

(c) A review to determine the applicant's compliance with OCFS requirements will be conducted by OCFS after the receipt of the application and all required supporting documentation.

(d) A notice of approval or denial of the application will be issued by OCFS after the completion of the review.

(1) If the application is approved, a letter of approval will be issued by OCFS to the applicant.

(2) If an application is denied, OCFS will give written notice of the denial to the applicant, informing the applicant of the reasons therefore and of the applicant's right to request a hearing before a hearing officer designated by OCFS in accordance with the procedures set forth in Part 343 of this Title. The applicant's request for a hearing to review the denial of an application for an operating certificate must be made within 60 days after written notice of denial.

(e) Supervised settings are subject to the inspection, supervision and enforcement powers of OCFS, as set forth in Article 7 of the Social Services Law.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 449.2

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

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