N.Y. Comp. Codes R. & Regs. tit. 18 § 452.9

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

Section 452.9 - General operational standards

(a) Admission standards.

(1) With the exception of those persons described in paragraph (2) of this subdivision and to the extent space is available, residential programs for victims of domestic violence must provide emergency services and temporary shelter to any victim of domestic violence, as defined in section 452.2(t) of this Part. Residential programs must provide appropriate available services for all victims of domestic violence, regardless of race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, disability, alien or non-qualified alien.

(2) Programs may not accept or retain any person who:

(i) is likely to cause danger to himself/herself or others or to substantially interfere with the health, safety, or provision of services to other residents;

(ii) is in need of a level of medical, mental health, nursing care or other assistance that cannot be rendered safely and effectively by the particular program, or that cannot be reasonably provided with a reasonable accommodation as defined in Part 452.2(m) of this Title and paragraph (4) of this section, or through the assistance of other community resources;

(iii) has a generalized systemic communicable disease, as identified by the New York State Department of Health or a local health department, or a readily communicable local infection which could be easily transmitted under normal shelter conditions to other residents and cannot be properly isolated.

(iv) refuses to agree, accept, or adhere to the rights and responsibilities as specified in paragraph (7) of this section.

(3) Prior to the admission of a person to a residential program for victims of domestic determine whether such person is a victim of domestic violence as defined in section 452.2(t) of this Part, whether such person fits any of the criteria described in paragraph (2) of this subdivision, and whether the individual program can appropriately meet such person's physical and personal needs. Persons who do not meet admission criteria must be referred to appropriate community resources.

(4) Reasonable accommodations may include changes to the physical environment, policies/procedures or practices which permit a domestic violence victim or his/ her child with a disability to be able to receive emergency services and temporary shelter in a residential program for victims of domestic violence if such changes are readily achievable. Readily achievable means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:

(i) The nature and cost of the change needed; and

(ii) The overall financial resources of the residential program for victims of domestic violence; the number of persons served at such facility; the effect on expenses and resources or the impact otherwise of such action upon the operation of the facility; the number, type and location of its facilities.

(5) Service animals and therapy dogs.

(i) Service animals and therapy dogs must be allowed to accompany domestic violence victims to a residential program for victims of domestic provided that the service animal does not impose an undue burden on the residential program for victims of domestic violence. Service animals and therapy dogs must be under control of the domestic violence victim. Care and supervision of service animals and therapy dogs are the responsibility of the domestic violence victim, including toileting, feeding, grooming and veterinary care.

(a) An undue burden may include situations where:

(1) the service animal or therapy dog poses a direct threat to the health or safety of others, has a history of aggressive behavior, or is not under the control of the domestic violence victim.

(2) accommodating the accompaniment of the service animal or therapy dog would create significant difficulty or expense to the residential program for victims of domestic violence, taking into consideration the overall size and budget of the residential program for victims of domestic violence.

(b) If the residential program for victims of domestic violence determines that accompaniment by the service animal or therapy dog would constitute an undue burden on the residential program, the program must make reasonable efforts to facilitate placement of the service animal or therapy dog at an off-site animal care facility, or to find another suitable placement for the victim of domestic violence and their service animal or therapy dog.

(ii) Therapy dogs shall be allowed within the residential program for victims of domestic violence for the purpose of providing therapeutic services.

(iii) Residential programs for victims of domestic violence may have policies that permit residents to have emotional support / comfort animals and/or pets accompany residents.

(6) Where an adult or child resident appears to be physically injured or seriously ill and/or makes statements indicating the possibility of serious physical injury or illness such resident must be offered a referral for a health examination conducted by an appropriate medical or mental health professional within 48 hours of admission to a residential program for victims of domestic violence.

(7) Within the first working day following admission to a residential program for victims of domestic violence, the program must seek to obtain the informed consent of each adult resident regarding the rights, responsibilities and rules of the program governing day-to-day life and activities including the maximum length of stay in such program and the conditions for discharge of residents from the program.

(8) Additional requirements for rights and responsibilities utilized by a safe home network and a domestic violence sponsoring agency are set forth in sections 454.6 and, 455.5 of this Title, respectively.

(9) Within the first working day following admission to a residential program for victims of domestic violence, the program must provide the resident with a notice of the following, including and not limited to, rights and responsibilities:

(i) Resident's Rights

(a) the right of the resident to receive confidential services and to reside in a safe and secure environment;

(b) the right to have or refuse private written, verbal or electronic communications, including the right to leave the facility, safe home or safe dwelling. Any limitations on the use of the facility, safe home or safe dwelling for such meetings or communications including prior notice, hours of access, or access to private areas or any outright prohibition must be set forth in the resident rights and responsibilities;

(c) the right to leave and return to the facility, safe home or safe dwelling at reasonable hours in accordance with the written rights and responsibilities of the program;

(d) the right to confidential treatment of personal, social, financial, and medical records as well as any other information which may result in the disclosure of the presence of the resident at the program, except where contrary to any law or regulation;

(e) the right to receive courteous, fair, respectful and responsive services designed to effectively meet the needs of individuals from diverse cultural backgrounds and experiences;

(f) the right to present grievances on one's own behalf, or on behalf of other residents, to the program operator or operator's designee, the local social services district and/or the Office without fear of reprisal and the procedures to voice such grievances;

(g) the right to manage one's own financial affairs, including information regarding public assistance and care so that the resident can make an informed decision whether to apply for benefits, including what benefits are available, what personally identifying information is required for the application, and how that information will be used;

(h) the right to be free from restraint or confinement;

(i) the right to exercise one's civil rights, including the right to religious liberty;

(j) a victim of domestic violence with a disability has the right to be accompanied by a service animal. A person who is a handler of a therapy dog has the right to be accompanied by their therapy dog. If it is unclear if the animal is a service animal, the program may ask if it is a service animal required because of a disability. The program may also ask what work or task the animal has been trained to perform. A person with a service animal is not required to provide proof of their disability or any other proof that the animal is a service animal;

(k) reasonable efforts must be made to facilitate placement of the service animal or therapy dog of the handler resident at an off-site animal facility in the event the animal poses a direct threat to the health or safety of others;

(l) the right to be informed and receive a copy of the program's policies that prohibit discrimination or harassment of any person in the residential program because of the person's race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, marital status, disability, alien or non-qualified alien status.

(ii) Resident Responsibilities

(a) maintaining the cleanliness of their own sleeping and living areas, including bathroom and cooking areas, if any, as well as changing linens and towels regularly;

(b) using communal areas respectfully;

(c) notifying facility staff of any illnesses of each member of the family;

(d) refraining from engaging in acts which endanger the health and safety of oneself or others, or which substantially interfere with the orderly operation of the facility.

(iii) Program Responsibilities

(a) the requirement for program employees to report all suspected cases of child abuse and maltreatment to the State central register of child abuse and maltreatment, as specified in subdivision (d) of this section;

(b) the availability of and assistance in accessing legal support and advocacy;

(c) to inform residents of the types of services available through the program and the frequency with which such services are offered, including whether storage facilities to secure possessions are available;

(d) the right of programs to discharge residents who are disruptive of the program's operation or who are likely to cause danger to himself/herself or others or to substantially interfere with the health, safety, or provision of services to other residents, household members, and/or staff;

(e) to inform residents that in accordance with Social Services Law § 460 et. seq., the program must allow the Office access to the grounds, buildings, books, papers, employees, and residents of the program for the purpose of supervision and inspection;

(b) Records and reports.

(1) Programs must maintain individual case records, by individual resident or by adult resident and related family member, which shall reflect that they have asked for the information below, provided, however, that nothing shall require a resident to answer any information as a condition to receive services:

(i) the resident's prior home address and listing of family members receiving residential services from the program;

(ii) identification of person or persons to be contacted in case of emergency;

(iii) referrals for any medical or mental health services of resident(s) pursuant to paragraph (a)(6) of this section;

(iv) information on the status of any court proceeding to which the resident is a party or a complainant if such proceedings are directly related to the reasons the resident is in need of a residential program for victims of domestic violence;

(v) inquire about any special medical conditions or medications prescribed for any resident family members, the prescribed regimen to be followed, and the names and telephone numbers of medical doctors to contact should an emergency arise concerning these conditions;

(vi) the resident's description of the situation which caused the resident to enter the program as a victim of domestic violence;

(vii) entries indicating the dates and the emergency core services provided pursuant to section 452.12 of this Part; and

(viii) where appropriate, documentation that a transition plan has been discussed with the resident, which includes, discussion on community services and programs which may be helpful to the individual resident upon departure and documentation of any referrals to other residential programs for victims of domestic violence.

(2) The program must maintain non-personally identifying information for the purpose of reimbursement from a social services district as provided in section 452.10(a)(4)(c) of this Part.

(3) The program must maintain at the program office or the program's principal place of business, personnel records as outlined in 452.11(f)(6), (7) and (8) of this Part.

(4) The program must maintain at the program office or the program's principal place of business payroll records and appropriate financial records and reports accounting for the revenues and expenditures and the financial status of the program. These records must be kept in accordance with generally accepted accounting principles.

(5) The program must maintain at the program office a daily roster or other mechanism to record the number of residents in the program at all times.

(6) The program must maintain at the program office records of reportable incidents occurring at the domestic violence shelter, domestic violence program, safe home or safe dwelling, including a description of each incident and steps taken to control, manage or prevent the recurrence of such an incident.

(i) Reportable incident means an incident that, because of its severity or the sensitivity of the situation, may result in, or has the reasonably foreseeable potential to result in, harm to the health, safety or welfare of any resident and shall include but shall not be limited to: death of resident while in shelter, fire, gas leak, carbon monoxide, water main break, structural damage to the facility, etc., to the Office within 24 hours in a form and manner prescribed by the Office;

(7) Operational records must be maintained for a minimum period of six years.

(8) The program, with the exception of safe homes, must have written disaster and emergency plans.

(9) Individual case records must be retained by the program upon change of staff or ownership and must be retained for a minimum of six years after the resident leaves the program. If the resident returns for residential services as a result of a new domestic violence incident, the record retention period starts over.

(10) Once a program determines that record(s) may be destroyed, it must do so in a manner as to maintain confidentiality of the records.

(c) Length of stay.

(1) Maximum length of stay will be determined in accordance with section 408.6 of the Part. Potential residents of each program must be informed of the program's length of stay at their initial admission interview, and all counseling of the residents must recognize the need to secure safe and appropriate alternative housing.

(2) A former resident of a residential program for victims of domestic violence may reenter a residential program for victims of domestic violence if such person is a victim of domestic violence as defined in section 452.2(t) of this Part as a result of a new domestic violence incident occurring subsequent to the previous stay at a residential program for victims of domestic violence. For purposes of calculating the length of stay of such residents, the day of readmission will be counted as day one.

(d) Reporting of child abuse.

(1) Employees of residential programs for victims of domestic violence are considered to be employees of a publicly funded emergency shelter for families with children, and, in accordance with the provisions of sections 413 and 415 of the Social Services Law, must report any incidents of suspected child abuse or maltreatment to the Statewide Central Register of Child Abuse and Maltreatment (SCR), or cause such a report to be made, when such employee has reasonable cause to suspect that a child, parent or other person legally responsible for a child comes before them in their professional or official capacity and provides information that gives the employee a reasonable basis to suspect that a child is being abused or maltreated. This must be done in the following manner:

(i) Residential programs for victims of domestic violence must make an immediate report to the SCR by telephone, followed by a written report within 48 hours, in the form and manner prescribed by the Office, to the child protective service of the social services district in the county in which the child resided at the time of the suspected incident.

(ii) After making the initial report, the reporting employee must immediately notify the director of the program or a designee that the report was made.

(e) Incorporated not-for-profit organization; general terms and conditions.

(1) Governing board

(i) The legally constituted board of directors or other governing board of an agency shall manage the affairs of such agency in accordance with applicable provisions of law, regulations and policy directives of the Office, the agency's certificate of incorporation, any amendments thereto, and duly Adopted bylaws. In the event an agency operates more than one residential program for victims of domestic violence, the governing board may appoint a separate advisory body for each residential program for victims of domestic violence operated by such agency.

(ii) So that the board of directors or other governing board of an agency may properly oversee the affairs of the agency, such board must include a member or members with knowledge of, or experience in, the types of programs operated by the agency. Such board should also include a member or members with knowledge of financial matters.

(iii)

(a) No member of the board of directors or other governing board of an agency or any of its advisory bodies may engage, directly or indirectly, in any business or activity that is in substantial conflict with the proper discharge of his or her duties as a member of such governing board or advisory body.

(b) The board of directors or other governing board must adopt a conflict of interest policy. The policy must cover conflicts of interest, including related party transactions in which a related party has a financial interest.

(iv) The governing board must:

(a) appoint a chief executive officer, by whatever title designated, who shall be responsible to the governing board for the proper administration of the agency;

(b) make or cause to be made, receive and preserve such records as may be required;

(c) meet as often as may be necessary, but no less than four times a year, to oversee and provide for the proper orientation of the agency and to oversee and provide for the proper delivery of services to victims of domestic violence;

(d) maintain and keep, at the administrative office of the agency, minutes of its meetings;

(e) make periodic reviews of the agency's written policies, review its services and programs to determine whether they meet the needs of current or prospective victims of domestic violence, and record such reviews in the minutes; and

(f) develop and maintain a program of orientation and training for all new members of such board.

(v) The bylaws of an agency shall provide for the appointment of such standing committees as may be appropriate and proscribe their functions and responsibilities.

(vi) The governing board or committee thereof shall be permitted and encouraged to visit each program and facility operated by such agency, at least annually, in a manner which affords confidentiality to such program's residents, to review the operation of such programs and facilities as well as the quality of services provided to victims of domestic violence.

(2) Finances.

(i) The governing board of an agency must make provision for:

(a) adequate financial resources for the operation of such agency's programs;

(b) adequate supervision of such agency's property, both real and personal;

(c) a separate annual budget for each program operated by such agency with an appropriate allocation for administrative and centralized costs.

(ii) Each agency shall submit financial forms and reports to the Office in accordance to Part 408 of this Title.

(3) Chief executive officer.

(i) The chief executive officer shall direct, evaluate and coordinate all aspects of an agency's programs. This officer shall be responsible for the daily administration of the agency in accordance with the regulations and policy directives of the Office and all other applicable requirements of law and of the policies of the governing board; for supervision of the services provided to victims of domestic violence and their children; for admissions and discharges; for continuing analysis and improvement of programs in light of the needs of victims of domestic violence being service; for staff development and training; for selection and dismissal of all employees, volunteers, consultants, and contractors; for preparing the annual budget; for preparation of all required reports; for exploring and initiating new programs and services when appropriate; and for the coordination with other programs in the community.

(ii) This chief executive officer shall have appropriate training and experience in the human services field, as determined by the board of directors.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 452.9

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

Amended New York State Register November 1, 2017 /Volume XXXIX, Issue 44, eff. 10/18/2017

Amended New York State Register October 2, 2019/Volume XLI, Issue 40, eff. 10/2/2019

Adopted New York State Register April 1, 2020/Volume XLII, Issue 13, eff. 4/1/2020