N.Y. Comp. Codes R. & Regs. tit. 18 § 454.11

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

Section 454.11 - Supervision of safe homes

(a) Each safe home network is responsible for ensuring that safe homes approved by a safe home network pursuant to this Part operate in compliance with Office regulations.

(b) The safe home network must reevaluate each approved safe home on an annual basis using the standards contained in section 454.9 of this Part. Re-approval of safe homes will be conditioned upon compliance by such safe home with the provisions of section 454.9 of this Part. This reevaluation must be documented in the safe home record.

(c) The safe home network is required, where it determines that a safe home is operating in a manner which is contrary to the provisions of section 454.9 of this Part or which poses a threat to the life, health or safety of the residents, to direct the removal of the residents from the safe home.

(d) In the event that a complaint has been made against a safe home provider and the Office has found the health, safety and/or welfare of any resident of the safe home to be in imminent danger, the safe home network must cease using the safe home. The network must remove any residents from the safe home and must not place nor arrange to place any other residents in such home until the network can demonstrate to the Office that the endangering condition (s) have been corrected.

(e) The Office may conduct an onsite inspection of a safe home only:

(1) upon receipt of a complaint involving a safe home provider which is related to the operation of the safe home; or

(2) upon 24-hour notice to the safe home network for the purpose of conducting an audit of the safe home network where access is necessary to verify the existence of the safe home or other elements of the participation of the safe home provider with the safe home network, provided that prior to any onsite inspection of a safe home, the following occurs:

(i) the Office requests a meeting with the safe home network and/or safe home provider at the network Office and the safe home network is unable to meet with the Office in a timely manner; or

(ii) the Office has met with the safe home network and/or the safe home provider and the Office has made a determination that the information required for audit purposes cannot be obtained by any other means than by access to the safe home; or

(3) upon the written approval of the safe home provider. Nothing in this subdivision prevents a local child protective service from investigating a report of suspected child abuse or maltreatment in which the subject of the report is a safe home provider or a resident of a safe home.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 454.11

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