9 CRR-NY 182-1.9NY-CRR
OFFICIAL 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 182-1.9
9 CRR-NY 182-1.9
182-1.9 Operation of residential programs.
Residential programs shall operate as follows:
(a) Hours of operation.
Programs shall be available to youth seeking services 24 hours per day.
(1) Youth and families shall have access to services immediately, with a minimum of intake procedures. Programs shall not accept or retain any youth who:
(i) is likely to cause danger to himself/herself or others or to substantially interfere with the health, safety, welfare or care of other residents;
(ii) is in need of a level of medical, mental health, nursing or other assistance that cannot be reasonably provided through the resources available to the program; or
(iii) consistently refuses to comply with the policies, procedures and rules of the program, after all reasonable efforts are made and documented by program staff to assist the youth in adjusting to program requirements.
(2) A youth under the age of 16 years shall be placed in a runaway and homeless youth shelter designated to serve youth over the age of 16 years only on an emergency and exceptional basis, for a period not to exceed 72 hours, when no other suitable arrangements for such youth may be made.
(c) Parental notification.
(1) Preferably within 24 hours, but not more than 72 hours after admission of a youth under the age of 18 years to an approved runaway program, the program staff and/or volunteers shall, to the maximum extent possible, provide notification of the youth's presence in the program to the parent, guardian or legal custodian with whom the youth last resided, or in whose custody the youth was most recently placed, prior to admission to the approved runaway program. Such notification shall include information about the following:
(i) the youth's physical and emotional condition; and
(ii) the circumstances surrounding the youth's presence in the program.
(2) Notification to a parent, guardian or legal custodian shall be delayed beyond 72 hours when compelling circumstances indicate that the parent, guardian or legal custodian should not be so notified. Such compelling circumstances include the following:
(i) danger of physical injury from the parent, guardian, or legal custodian; and
(ii) a reasonable report concerning behavior on the part of the parent, guardian, or legal custodian toward the youth which is considered to be grounds for either an abuse petition or a neglect petition.
(3) In all cases where notification is not provided to the parent, guardian, or legal custodian, the director of the program or his/her designee shall immediately ensure that one or all of the following steps are taken, as appropriate:
(i) seek direction from the family court concerning the filing of a petition to initiate child protective proceedings;
(ii) refer the youth to the local social services district; or
(iii) telephone the Statewide Central Register of Child Abuse and Maltreatment to report instances of suspected abuse, maltreatment or neglect and follow such telephone call with a written report within 24 hours.
(4) Where custody of a youth upon leaving the residential program is assumed by a relative or other person, other than the parent, guardian or legal custodian, the staff of the program shall so notify the parent, guardian or legal custodian, whomever is appropriate, as soon as practicable after the discharge of the youth.
(5) The officers, directors, employees or volunteers of a residential program shall be immune from any civil or criminal liability for or arising out of the release of a runaway or homeless youth to a relative or other responsible person other than a parent, guardian or legal custodian.
(d) Program participation.
(1) Program participation is voluntary and may be terminated by youth at any time.
(2) Length of stay in program shall not exceed 30 days from the date of a runaway youth’s admission, or, at the program’s option, for a youth age 14 or older for a period of up to 60 days when authorized in the applicable municipality’s approved comprehensive plan, where the filing of a petition pursuant to article 10 of the Family Court Act is not contemplated, in order that arrangements can be made for: the youth’s return home; an alternative residential placement, pursuant to section 398 of the Social Services Law; or any other suitable plan.
(3) If a runaway youth and the youth’s parent, guardian or legal custodian agree in writing, the youth may remain in program for a total period of up to 60 days, or, at the program’s option, for a total period of up to 120 days when authorized in the applicable municipality’s approved comprehensive plan without the filing of a petition under article 10 of the Family Court Act. The program director shall first obtain the approval of the applicable runaway and homeless youth service coordinator. The coordinator shall notify the municipality of such approval and provide a written statement setting forth the reasons for the approval of such additional residential stay and describing the efforts being made to find suitable alternative living arrangements for such youth.
(4) If the program director determines, after consultation with the family court, that a petition will be filed pursuant to article 10 of the Family Court Act in order to protect a runaway youth in program, the program director shall ensure that such petition is filed immediately. If the youth involved is in program at the time such petition is filed with the family court, the youth may remain in the program on a voluntary basis, beyond the maximum length of stay period set forth in paragraph (2) or (3) of this subdivision, until final resolution of the family court proceedings.
(5) A runaway youth may remain in a certified residential runaway and homeless youth crisis services program beyond the applicable periods authorized by paragraphs (2) and (3) of this subdivision, if the municipality provides, through its runaway and homeless youth service coordinator or other designee, written notice, within 60 days, to the office of the circumstances that made the provision of shelter necessary, efforts made by the program to find suitable alternative living arrangements for such youth, and the outcome of such efforts. The office may instruct the program on how to seek a more suitable alternative living arrangement.
(1) Residential program staff shall provide or assist in obtaining the following necessities and services for youth and, where appropriate, for their families:
(iv) individual and group counseling;
(vi) medical, mental health and dental care;
(vii) legal assistance; and
(viii) copies of miscellaneous vital documents, such as birth certificates, social security cards, and education records.
(2) Each program director shall ensure compliance with applicable New York State Education Law and regulations.
(f) Health services.
(1) Program staff shall maintain a current list of local licensed physicians, hospitals or clinics which provide health services to youth.
(2) Program staff shall assist youth in accessing health services including, but not limited to: dental, obstetrical, gynecological, family planning, alcohol and substance abuse treatment, mental health and primary health care.
(3) Each program director shall designate one staff member to be responsible for ensuring that youth are provided with assistance in accessing health services.
(4) Program staff shall provide each youth with education about AIDS, HIV testing procedures, confidentiality of HIV related information and HIV prevention, including universal precautions.
(5) Arrangements shall be made by program staff for the immediate transportation of youth with serious physical or mental health problems to an appropriate health care facility.
(6) Each site shall maintain a first aid kit and a spill kit which shall be fully stocked at all times.
(7) All medications belonging to youth in residence shall be stored in a locked cabinet or similar locked storage area.
Staff of residential facilities, with the exception of interim families, shall provide on-site supervision 24 hours per day. At least one professionally trained staff member, who is qualified to care for youth, shall be responsible for each floor which contains youth bedrooms during sleeping hours.
(h) Pre-employment background checks.
(1) Applicants for employment or voluntary service in residential programs shall be screened through the Statewide Central Register of Child Abuse and Maltreatment and the Justice Center’s staff exclusion list and placed on duty as set forth in section 424-a and section 495 of the Social Services Law.
(2) Screening information received from the Statewide Central Register of Child Abuse and Maltreatment and the Justice Center’s staff exclusion list and shall be processed and evaluated in accordance with the Social Services Law.
(3) Programs shall maintain the screening information obtained from the Statewide Central Register of Child Abuse and Maltreatment and the Justice Center’s staff exclusion list in the employee's personnel file.
(i) Health screening.
Food handlers and persons caring for youth shall undergo a physical examination to determine fitness for duty. Such persons shall be reexamined annually to certify ongoing fitness for duty.
(1) All runaway youth shall be discharged no later than the maximum length of stay authorized under subdivision (d) of this section.
(2) Programs may continue to provide case management and other appropriate services, excluding shelter, after discharge and shall encourage participation of the youth's family, where appropriate.
(3) Program staff shall maintain written documentation in youth case records of all efforts made to provide services for youth after discharge.
9 CRR-NY 182-1.9
Current through September 15, 2021
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