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9 CRR-NY 182-1.5NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 9. EXECUTIVE DEPARTMENT

SUBTITLE E. OFFICE OF CHILDREN AND FAMILY SERVICES

PART 182. RUNAWAY AND HOMELESS YOUTH REGULATIONS

SUBPART 182-1. RUNAWAY AND HOMELESS YOUTH REGULATIONS FOR RUNAWAY AND HOMELESS YOUTH CRISIS SERVICES PROGRAMS

9 CRR-NY 182-1.5

182-1.5 General requirements for runaway and homeless youth crisis services programs.

(a) Location.

Programs shall be located in areas which are readily accessible to runaway and homeless youth and families and the services available to them.

(b) Family involvement.

Program staff shall encourage the participation of families in the provision of services to youth, when appropriate.

Each program shall maintain a current description of its organizational structure, including job descriptions and qualifications for all program positions.

(d) Staffing/supervision.

(1) The director of each program shall provide sufficient and qualified staff and volunteers, in order to ensure adequate coverage and supervision of youth in accord with specific program needs and population.

(2) Individual personnel files shall be maintained for all program staff and volunteers.

(3) The director of each program shall develop and implement procedures for the annual evaluation of all staff and volunteers.

(4) The director of each program shall develop a plan for adequate supervision of staff and volunteers which is tailored to the specific population served and the type, size and physical layout of the facility. In order to assure appropriate care of youth, the plan shall include the following:

(i) staffing patterns and the rationale for such patterns;

(ii) identification of all supervisors of staff and volunteers, including the designation of on-site supervisors; and

(iii) a list of the qualifications and responsibilities of the supervisors.

(e) Employee/volunteer/consultant screening.

(1) Information supplied by applicants for employment or voluntary service and consultants shall be reviewed, evaluated and verified according to procedures established by the program.

(2) Applicants for employment or voluntary service shall not be subject to unlawful discriminatory treatment.

(3) Applicants for employment or volunteer services shall provide, at a minimum, the following information:

(i) an employment history, including relevant childcare experience;

(ii) the names, addresses and telephone numbers, where available, of references who can verify employment history information and experience;

(iii) an educational history, including elementary school(s) and/or secondary school(s) or college(s) attended, the highest grade level or degree attained and credits earned;

(iv) all relevant special skills and training;

(v) the name, address and telephone number of two or more personal references, other than relatives, who can attest to the character and reputation of the applicant or volunteer;

(vi) the forms necessary for the office to inquire whether the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment, the forms necessary to check the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of Persons with Special Needs pursuant to section 495 of the Social Services Law, a completed fingerprint card necessary for the office to conduct a criminal history review, and a sworn statement indicating whether, to the best of the applicant’s knowledge, he or she has ever been convicted of a misdemeanor or felony in New York State or any other jurisdiction;

(vii) a sworn statement that all information provided in the application is true, to the best of the applicant's or volunteer's knowledge.

(f) Training.

(1) The director of each program shall be responsible for ensuring that at least 40 hours of in-service training is provided to each staff member and that documentation is made of the receipt of such training by staff during each full year of service. Such training shall include the following topics:

(i) safety and emergency procedures, including first aid;

(ii) HIV awareness and education;

(iii) case records and confidentiality of information;

(iv) youth development and youth issues;

(v) reportable incidents as defined in section 488 of the Social Services Law shall be reported immediately upon discovery to the Vulnerable Persons’ Central Register, in accordance with section 491 of the Social Services Law. Discovery occurs when the mandated reporter witnesses a suspected reportable incident or when another person, including the vulnerable person, comes before the mandated reporter in the mandated reporter’s professional or official capacity and provides the mandated reporter with reasonable cause to suspect that the vulnerable person has been subjected to a reportable incident;

(vi) suicide prevention; and

(vii) runaway and homeless youth regulations.

(2) The director of each program shall be responsible for ensuring that in-service training is provided to volunteers in an amount commensurate with the specific volunteer duties performed and the amount of volunteer service provided by each individual volunteer.

(g) Nondiscriminatory treatment.

(1) Each program shall employ policies and procedures designed to ensure that youth are not subject to unlawful discriminatory treatment in any program decision making process or when being considered for any available service. Program staff and volunteers shall not engage in or condone discrimination or harassment on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, or disability. Each program shall promote and maintain a safe environment, take reasonable steps to prevent discrimination and harassment against youth by other youth, promptly investigate incidents of discrimination and harassment by staff, volunteers, and youth, and take reasonable and appropriate corrective or disciplinary action when such incidents occur. For the purposes of this section, gender identity or expression shall mean having or being perceived as having a gender identity, self-image, appearance, behavior or expression whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth. Gender identity refers to a person’s internal sense of self as male, female, no gender, or another gender, and gender expression refers to the manner in which a person expresses his or her gender through clothing, appearance, behavior, speech, or other means.

(2) Each program shall employ policies and procedures designed to reasonably ensure that non-English speaking youth understand all written and oral communications from program staff and volunteers, including program rules and requirements.

(h) Personal property.

The personal money and property of any youth shall remain as such, and shall not be co-mingled with any other private or program funds.

(i) Services.

(1) A current list of community providers of youth services shall be maintained at each program site.

(2) Program staff shall assist youth in accessing relevant community resources, in order to ensure that comprehensive services are provided to youth in accordance with individual case plans.

(3) Program staff shall assist eligible youth in obtaining care or services from a local social services district.

(j) Case management.

(1) An initial assessment of each youth shall be conducted upon admission to a program. Such assessment shall address the reason(s) why the youth has runaway or is without a place of shelter where supervision and care are available, the youth's immediate needs, current functional level, and any other relevant information.

(2) An individualized service plan shall be developed in partnership with each youth after such initial assessment, within 48 hours of admission. Such plan shall include:

(i) short-term goals;

(ii) methods and timeliness for achieving such goals; and

(iii) the names of community providers who may assist the youth in fulfilling the plan.

(3) Individualized service plans shall be reviewed with each youth at least weekly. Such plans shall be revised, as necessary, based upon any additional information received and the youth's progress and input.

(4) Program staff or experienced and qualified community providers shall identify available community resources to meet the needs addressed in a youth's individualized service plan and shall ensure that such resources are accessible and provided to such youth. Such resources shall include, where appropriate, the support of available family, neighbors, friends, ethnic groups and the religious community.

(5) All runaway and homeless youth shall be encouraged to assess individual strengths, identify areas of needed growth, develop decision-making skills and assume personal responsibility for their progress in attaining individualized service plan goals.

(k) Emergency procedures.

Each program director shall maintain procedures to be followed in the event of fire, flood, energy failure, snowstorm and other civil or natural disasters. Such procedures shall be reviewed annually and revised, as necessary.

(l) Policy and procedure manual.

Each program shall have a policy and procedure manual containing, at a minimum, the following documents:

(1) A copy of the Runaway and Homeless Youth Act (article 19-H of the Executive Law) and the division's rules and regulations promulgated pursuant to the act (this Subpart and Subpart 182-2 of this Part).

(2) A copy of all division policies and procedures applicable to run-away and homeless youth programs.

(3) The program's policies, procedures and plans developed pursuant to the requirements of this Subpart.

(4) The program's child abuse, neglect and significant incident reporting responsibilities and procedures, including the toll-free number of the Statewide Central Register of Child Abuse and Maltreatment.

(m) Reporting suspected abuse or neglect.

(1) Program staff shall immediately report to the Vulnerable Persons’ Central Register where there is reasonable cause to suspect abuse, neglect, or a significant incident as defined in Social Services Law section 488.

(2) Program staff shall immediately report to the Statewide Central Register of Child Abuse and Maltreatment or local child protective service, as appropriate, where there is a reasonable cause to suspect that a youth has been abused, maltreated or neglected outside of the program.

(n) Records.

(1) All programs shall keep accurate and complete records of:

(i) all youth, staff and volunteers;

(ii) the daily operation of the program; and

(iii) the provision of services by the program and community providers.

(2) Individual case records shall be maintained for each youth served. Youth case records shall contain, at a minimum, the following information:

(i) the name, gender, race and birthdate of the youth;

(ii) the name, address and telephone number of the youth's parent(s), guardian(s) or legal custodian(s);

(iii) the date and time of intake or admission, source of referral, circumstances surrounding the youth's presence at the program and the physical and emotional condition of the youth upon intake or admission;

(iv) for residential programs, the time and date of parental notification regarding youth under the age of eighteen years, the name of the individual receiving such notification and the name of the staff member providing such notification;

(v) any executed consents for the release of information concerning the youth;

(vi) copies of individualized service plans and progress reports concerning such plans;

(vii) a copy of the discharge report prepared by program staff pursuant to the provisions of this Subpart; and

(viii) information about the youth's dependent infant(s) and/or children, if present in the program, including the name, gender, age, physical condition and medical condition.

(3) Reports received or filed and any information concerning abuse, maltreatment or neglect by an employee, volunteer or consultant of a program are confidential and shall be maintained separate from the youth's case records. Such reports may be disclosed to appropriate authorities in connection with an investigation of abuse, neglect, or maltreatment in accordance with the Social Services Law. Reports received by the authority investigating abuse, neglect or maltreatment shall not be disclosed except as provided by the Social Services Law. Any report which is unfounded or unsubstantiated shall be completely expunged from the confidential records of the program.

(4) Records of a facility or provider agency, as defined in section 488(4) of the Social Services Law, shall be made available for public inspection and copying when such records relate to abuse and neglect of vulnerable persons to the same extent that those records would be available from a State agency. Requests for such records shall be made in writing to the Justice Center. Facilities or provider agencies covered by this subdivision shall cooperate with the Justice Center, including providing any requested records to the Justice Center.

(o) Voluntary termination.

The program director shall give notice to both the county youth bureau and the division, in writing, of the director's intention to voluntarily terminate program operation at least 60 days prior to such intended termination. This notice shall indicate proposed steps to assure appropriate referral of youth to an alternate facility or program and to preserve the confidentiality of records.

(p) Contact the appropriate local social services district if it is believed that a youth may be a destitute child as such term is defined under section 1092 of the Family Court Act.

(q) Provide information to eligible youth about their ability to re-enter foster care in accordance with article 10-B of the Family Court Act, and in appropriate cases, refer any such youth who may be interested in re-entering foster care to the applicable local social services district.

9 CRR-NY 182-1.5

Current through September 15, 2021

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