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18 CRR-NY 408.3NY-CRR

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

TITLE 18. DEPARTMENT OF SOCIAL SERVICES

CHAPTER II. REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES

SUBCHAPTER C. SOCIAL SERVICES

ARTICLE 1. PROVISION OF SOCIAL SERVICES—GENERAL

PART 408. STANDARDS FOR ESTABLISHING PER DIEM RATES AND SOCIAL SERVICES DISTRICT PAYMENT RESPONSIBILITY FOR RESIDENTIAL PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE

18 CRR-NY 408.3

408.3 Availability of a residential program for victims of domestic violence.

(a) A social services district must offer and provide temporary shelter and emergency services and care at a residential program, to the extent such programs are available, to victims of domestic violence deemed eligible pursuant to sections 408.4 and 408.5 of this Part.

(b) A residential program for victims of domestic violence is available under the following circumstances:

(1) when a victim of domestic violence goes directly to any residential program located within the State, regardless of whether there is a contract between the social services district and the residential program pursuant to section 408.8 of this Part;

(2) when a victim of domestic violence goes to any residential program located within the State by transportation arranged or provided by the residential program, regardless of whether there is a contract between the social services district and the residential program; or

(3) when a victim of domestic violence goes directly to a social services district seeking temporary shelter; and:

(i) there is a residential program within that social services district which has a bed or beds available; or

(ii) there is a residential program in a contiguous social services district which has a bed or beds available; or

(iii) when there is no residential program for victims of domestic violence in a contiguous social services district, a social services district must consider as available the residential program located closest to that district; or

(iv) when there is a residential program for victims of domestic violence available within the social services district in which the victim was residing at the time of the domestic violence incident and in a contiguous social services district, the victim may seek temporary shelter at the residential program located within the district or in the contiguous district.

(c) When a victim of domestic violence goes directly to a social services district seeking temporary shelter and, pursuant to paragraph (b)(3) of this section, a bed in a residential program is not available, the social services district must offer and provide such victim with another form of emergency shelter and assistance. When a bed in a residential program becomes available, the social services district must offer and arrange for a referral to such residential program to any victim who continues to be programmatically eligible for a residential program.

18 CRR-NY 408.3

Current through July 31, 2021

End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.