N.Y. Comp. Codes R. & Regs. tit. 18 § 491.8

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

Section 491.8 - Shelter staff and staff qualifications

(a) The operator of a shelter for adults, small-capacity shelter or a shelter for adult families shall provide staff sufficient in number and qualified by training and experience to render those services mandated by statute or regulation. The office will monitor the staffing of facilities to ensure comparability of staffing patterns and staff salaries in relation to the service needs of the residents.

(b) The operator shall develop and maintain written personnel policies and procedures.

(c) A current, written staffing schedule shall be maintained.

(d) The operator shall maintain personnel records which are current, contain sufficient information to support placement in any position required by these regulations and record all wages, benefits, reimbursements, bonuses, gifts or payments given any employee or resident.

(e)Facility administrator.

The operator shall designate an administrator who shall be directly accountable to the operator for operating and maintaining the facility in compliance with this Part, the operational plan approved by the office, and all applicable statutes, regulations, codes, and ordinances. A facility operator may designate himself or herself as the facility administrator.

(1) The facility administrator shall be at least 21 years of age, be mentally and physically capable of carrying out the duties of an administrator, and shall be responsible for the following oversight activities:

(i) general supervision of the facility;

(ii) recruitment and general supervision of staff and volunteers;

(iii) general supervision of resident services;

(iv) admission, transfer and discharge of residents;

(v) coordination with community activities and services;

(vi) protection of residents' rights and development of appropriate mechanisms for their protection; and

(vii) management of related program activities.

(2) During a temporary absence of the administrator, a responsible person shall be designated to be in charge of the facility and shall be so identified on the facility staffing schedule. The person designated to be in charge in the absence of the administrator shall:

(i) be at least 21 years of age;

(ii) be mentally and physically capable of carrying out the duties of an administrator;

(iii) be knowledgeable of facility operations;

(iv) have access to resident and other records concerned with facility operations;

(v) be empowered to act on behalf of the facility administrator during the administrator's absence concerning the health, safety, comfort and well-being of the residents; and

(vi) have had training to carry out assignments and take care of emergencies and sudden illnesses of residents.

(f)Resident workers.

Work by a resident as a volunteer, or in return for services or monetary payment, shall be permitted only if the work:

(1) is entered into without the use of coercion or threats to the resident;

(2) is not under any express contract for hire; and

(3) is agreed to in writing.

(g)Volunteers.

Volunteers who work in the shelter shall be placed in assignments compatible with their skills or training.

(h) No person shall be permitted by a shelter operator to work, either as an employee or a volunteer, if that person is known to be infected with communicable disease that might endanger the health of residents.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.8

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020