18 CRR-NY 900.15NY-CRR
18 CRR-NY 900.15
18 CRR-NY 900.15
900.15 Involuntary discharge and transfer.
(a) Involuntary discharge.
(1) An operator of a shelter for families, with approval of the social services district, may discharge a family or family member under the terms set forth in the facility rules, or when the family’s or family member’s failure to comply with public assistance and care requirements, including those set forth in section 352.35 of this Title, has resulted in sanctions being imposed by the social services district, or when the social services district has determined the family or family member to be ineligible and has discontinued or denied temporary housing assistance.
(2) Where a family’s or family member’s temporary housing assistance has been discontinued pursuant to section 352.35 of this Title, the social services district must discontinue payments made pursuant to section 352.35 to the facility operator that are related to the provision of shelter and care to the family or family member.
(3) A decision to involuntarily discharge a family or family member may be challenged in a pre-discharge hearing conducted by the social services district, or its designee, in accordance with procedures contained in the operational plan approved by the office, unless the family’s or family member’s temporary housing assistance has been discontinued pursuant to section 352.35 of this Title. If the social services district does not directly operate the facility, it may designate the operator of the facility to conduct such pre-discharge hearings. Where the social services district so designates the operator, it is the operator’s responsibility to ensure that such hearings are conducted by an impartial adjudicator. The adjudicator may not be staff or an employee of the facility in which the discharged resident resided when the notice of discharge was issued. The adjudicator must not have been a party to the decision to discharge the resident, or be subordinate to the person(s) who made the decision. The social services district must monitor hearings conducted by adjudicators pursuant to procedures which have been submitted to, and approved by, the office. All decisions must be in writing on a form prescribed by the office.
(4) If a pre-discharge hearing is requested by a family or family member residing in a shelter for families, and the family’s or family member’s temporary housing assistance has not been discontinued pursuant to section 352.35 of this Title, the family must be allowed to remain in the current facility pending the issuance of the decision after the pre-discharge hearing.
(5) Pre-discharge procedure.
Unless a family’s or family member’s temporary housing assistance has been discontinued pursuant to section 352.35 of this Title, the family or family member may not be involuntarily discharged from a shelter for families until the following procedures are observed:
(i) the family has been given written notice on a form prescribed by the office of the discharge decision and of the reasons therefor; such notice must include a statement that the family or family member has a right to a pre-discharge hearing conducted by the social services district or the social services district’s designee. Such notice must anticipate a possible hearing request and advise the family or family member that they have the right to remain in the facility pursuant to paragraph (4) of this subdivision, pending the issuance of the decision after hearing. Such notice must include a statement that if family or family member participates in such a hearing and receives an adverse hearing decision, the family or family member will be required to leave the facility, but may request a fair hearing under Part 358 of this Title to challenge the discharge decision, and a statement describing how such a fair hearing may be obtained;
(ii) the family’s or family member’s need for protective services for adults, preventive services or protective services for children, or for other social services has been evaluated and an appropriate referral has been made if necessary;
(iii) if criminal activity may have occurred, the appropriate law enforcement agency has been contacted; and
(iv) if the family member to be involuntarily discharged is a minor child or the sole parent or caretaker relative of a child under the age of 18, provision for care, services, and support for the minor child and the family has been made consistent with the needs of the child and family; such care, services, and support must be provided in a manner consistent with current statute and regulation, including but not limited to sections 430.9 (appropriate provision of mandated preventive services) and 430.10 (necessity of placement) of this Title.
(6) Fair hearing rights. A family or family member that has been involuntarily discharged from a shelter for families and has requested and participated in a hearing as described in paragraph (3) of this subdivision may, after such discharge, request a fair hearing from the office under Part 358 of this Title to review the decision to discharge unless the family’s or family member’s temporary housing assistance has been discontinued pursuant to section 352.35 of this Title. If the family’s or family member’s temporary housing assistance has been discontinued pursuant to section 352.35 of this Title, such family or family member may request a fair hearing in accordance with section 352.35(h) of this Title, and may have the right to receive aid continuing pursuant to section 358-3.6 of this Title if a fair hearing is requested in timely fashion.
(7) A family or family member who has requested a fair hearing as described in paragraph (6) of this subdivision and who is found by the fair hearing decision to have been wrongfully discharged from a shelter for families must be offered an opportunity to return to the facility from which the family or family member was discharged as soon as an appropriate vacancy becomes available. No such opportunity may be offered if the family or family member no longer meets the requirements for residency in a shelter for families or if the family or family member has obtained permanent housing.
(8) A family or family member may be involuntarily discharged from a shelter for families without being provided a pre-discharge hearing as described in paragraph (3) of this subdivision if the basis for the discharge is that the family or family member’s temporary housing assistance has been discontinued pursuant to section 352.35 of this Title or the family or family member has been absent from the facility for more than 48 hours without having complied with the facility’s rules concerning absences and has not been readmitted to the facility. The 48-hour period begins at the start of the period of the unauthorized absence. A written record of all unauthorized absences must be maintained by the facility.
(b) Transfers from shelters for families.
A family or family member residing in a shelter for families may be transferred to another shelter for families or to a hotel or motel regulated in accordance with section 352.3(e) through (h) of this Title only if one of the following conditions exists:
(1) the family has requested such a transfer and provided a reason and justification for their request, and appropriate space is available for the family. Such transfer is at the discretion of the local social services district;
(2) a family member has a systemic communicable disease, illness, or readily communicable local infection that cannot be properly isolated or quarantined in the family’s current shelter, and which necessitates a transfer to a facility that has been designed in whole or in part to serve such conditions;
(3) a family member has a medical, physical, or other special need that cannot be adequately served in the family’s current shelter, and which necessitates a transfer to a facility where the family member’s need can be served;
(4) the family or a family member has a need for an increased or decreased level of services, which necessitates a transfer to a facility where those needs can be better served;
(5) there is a risk to the health or safety of the family, a family member, or others that necessitates a transfer; or
(6) the family is residing in a shelter for families that is imminently closing.
(c)
(1) Whenever a family member is to be transferred or discharged, the social services district must ensure that the action to be taken is appropriate to the health, safety, and needs of that family member and the family. Such action may include referral to appropriate medical services, child welfare agency, adult protective or law enforcement agency, or similar entity. All reasonable efforts must be made to keep the family intact.
(2) (2) Prior to any discharge or transfer of a family member pursuant to subdivision (a) or (b) of this section other than a discharge based upon a discontinuance of temporary housing assistance as provided for in section 352.35 of this Title, social services district staff must advise the remaining family members of all housing options available to them. Such options may include:
(i) transfer of all or part of the family along with the family member;
(ii) continued housing of the remaining family members in their current facility, provided that the remaining family members constitute a family as defined in this Part; or
(iii) placement in other types of facilities.
(d) If, as a result of the discharge or transfer of a family member from a facility or a pregnant person no longer remaining pregnant when there are no other children in the household, the family members or member remaining in the facility no longer constitute a family as defined in section 900.2 of this Part, the social services district must make appropriate arrangements for those persons to be housed elsewhere in accordance with subdivision (c) of this section and with all other applicable provisions of this Title, unless such discharge is based on a discontinuance of temporary housing assistance pursuant to section 352.35 of the Title.
(e) At the time of discharge or transfer, but in no case more than 72 hours after leaving the facility, each family or family member, representative or appropriate individual or agency shall be:
(1) provided a final written accounting of the family’s or family member’s resident accounts;
(2) provided a check for the outstanding balance, if any; and
(3) returned any monies, property or things of value held in trust or in custody by the operator.
(f) The operator shall return to the family or family member, representative or other appropriate individual or agency any monies, property or items of value which come into the possession of the operator after discharge or transfer.
(g) Upon the death of a family member, a final statement of the family member’s accounts shall be made and all remaining funds, property or items of value shall be transferred to the resident’s estate or to the appropriate State or local authority.
(h) The social services district must maintain a written record of all discharges and involuntary transfers.
18 CRR-NY 900.15
Current through July 31, 2021
| End of Document |
IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above 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 Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.