(e) An operating certificate shall be issued for a residential treatment facility for a resident capacity of no [less]fewer than 14 and no more than 56 residents; provided, however, that for the period commencing April 1, 2000 through [September 30, 2010] September 30, 2013, bed capacity for facilities primarily serving New York City residents may be temporarily increased up to an additional ten beds over the maximum certified capacity with the prior approval of the Commissioner. In order to receive such approval, the residential treatment facility must demonstrate that the additional capacity will be used to serve those children and youth deemed most in need of RTF services by the New York City Preadmission Certification Committee as set forth in Section 583.8 of this Title.

This rulemaking is filed as a Consensus rule on the grounds that it is non-controversial and makes a technical correction. No person is likely to object to this rulemaking since it merely continues the existing capacity of Residential Treatment Facilities (RTF) serving children and youth who are residents of New York City and who have a diagnosis of serious emotional disturbance.

14 NYCRR Part 584 sets forth standards for the operation of RTFs. This amendment to Section 584.5(e) of this Part allows for the temporary increase of capacity of certain facilities to allow additional children and youth to be served in the program. The Office of Mental Health has determined that it is necessary to continue the existing capacity of RTFs serving primarily New York City residents by up to 10 additional beds over the permitted maximum of 56 per facility.

To expand capacity in 2000, a total of 21 temporary beds were added to five existing RTF facilities serving New York City residents. These beds were added on a voluntary basis with the cooperation of the facilities and the support of the New York City Department of Mental Health. Three of the facilities (Hillside Auburn, Ittleson, Goldsmith) that were not at the 56-bed maximum had their capacity increased administratively by a total of 13, without going over the maximum. One of the facilities, St. Christopher Otillie, had been at 56 beds and another, Linden Hill, was at 55 beds. St. Christopher Otillie added five beds; Linden Hill added three beds. Therefore, seven beds were permitted to be added under 14 NYCRR Section 584.5(e). Since 2009, St. Christopher Ottille (now known as SCO) is back to 56 beds through a transfer of five beds to Linden Hill. Hillside Auburn is back to 40 beds through a transfer of one bed to Goldsmith and one bed to Linden Hill. Currently Linden Hill at 64 beds is the only RTF over 56 beds. Eight beds are permitted to be added under 14 NYCRR Section 584.5(e). That permission will expire on September 30, 2010. Although significant improvements in development of residential alternatives, including supervised community residences and the family-based treatment beds, have been made in the past three years, the current need for children's services is such that these beds must continue to be available resources. The expiration date must be changed to September 30, 2013, in order to permit the continued necessary increase in RTF capacity for an additional three years.

Statutory Authority: 7.09(b), 31.04(a)(2) and 31.26(b) of the Mental Hygiene Law grant the Commissioner the power and responsibility to adopt regulations that are necessary and proper to implement matters under his jurisdiction, to set standards of quality and adequacy of facilities, and to adopt regulations governing Residential Treatment Facilities for Children and Youth, respectively.

A Job Impact Statement is not submitted with this notice because this consensus rule merely continues the existing capacity of residential treatment facilities for children and youth in New York City. There will be no impact on jobs and employment opportunities as a result of this rule making.