The regulations provide notice, guidance and standards to all municipalities and RHY programs necessary to implement the new statutory provisions authorizing expanded services for RHY, which will help preserve the health, safety and welfare of such youth. The regulations also require that all RHY residential programs serving youth under 18 years of age must be certified by OCFS and meet the applicable minimum health and safety standards, thereby promoting the health, safety and welfare of such youth. Promulgating emergency regulations will facilitate compliance with legislative requirements and provide the necessary guidance to affected persons in order to preserve the health, safety and welfare of vulnerable runaway and homeless youth as soon as possible.

The proposed regulations make the necessary conforming changes to Subparts 165-1, 182-1 and 182-2 of the Title 9 New York Codes, Rules and Regulations (NYCRR). Subpart 165-1 governs state funding to municipalities for youth development programs and RHY programs; Subpart 182-1 sets forth the regulatory standards for short-term RHY programs such as RHY shelters, and Subpart 182-2 sets forth the regulatory standards for longer-term transitional independent living support programs (TILSP) that serve homeless youth.

The proposed regulations amend section 165-1.3 of Subpart 165-1 to require municipalities that seek RHY funding from the Office of Children and Family Services (OCFS) to include in their required RHY plans what, if any, of the new statutorily specified options they choose to implement. These options include extending how long RHY youth may stay in residential RHY programs under certain circumstances, raising the maximum permissible age of homeless youth who may be served by RHY programs from 21 to 24 years of age, and allowing homeless youth under 16 years of age to be served by a TILSP.

The proposed regulations also make necessary conforming changes to various sections of Subparts 182-1 and 182-2 of Title 9 NYCRR including: modifying the name and definition of approved runaway programs; adding the definition of homeless young adult; and eliminating the requirement that non-residential RHY programs be approved by OCFS. The proposed regulations also include the necessary conforming changes to require RHY programs to notify the applicable Local Department of Social Services (LDSS) if a youth is believed to be a destitute child; and to inform applicable youth of their right to re-enter foster care and refer them to the LDSS, upon request. The regulations also implement the new statutory provisions requiring that any RHY residential program, to include a TILSP, that serves youth under 18 years of age, or that is contained in a municipality’s RHY plan must be certified by OCFS and, if certified on or after January 1, 2018, must be operated by an authorized agency. In addition, the proposed regulations make conforming changes to reflect the ability of RHY programs to provide those expanded services that a municipality has opted to include in its RHY plan.

Finally, the proposed regulations permit any residential RHY program that is not contained in any municipality’s RHY plan to apply to OCFS for a variance related to the age of youth served or the length of time youth may remain in such program under the same circumstances applicable to municipalities.

1. Statutory authority: Part M of Chapter 56 of the Laws of 2017; Sections 420(2)(a), 532-b(1) and 532-d of the Executive Law; Sections 20(3)(d) and 34(3)(f) of the Social Services Law.

2. Legislative objectives: The intent of Part M of Chapter 56 of the Laws of 2017 was to better meet the needs of runaway and homeless youth (RHY) by offering municipalities the option to expand the services for such youth and by modifying the requirements for RHY programs. The proposed regulations enact the basic components of the enacted legislation as required.

3. Needs and benefits: The proposed regulations expand options available to municipalities and RHY programs to meet the service needs of RHY as identified by their communities. These additional options, which include expanding the maximum age homeless youth may receive RHY services from 21 to 24 years of age and extending the maximum allowable length of stay of RHY youth in residential programs under certain circumstances, allow municipalities to determine what is feasible and necessary at the local level while not requiring that additional services be created. The proposed regulations require that RHY programs notify the Local Department of Social Services (LDSS) if a youth is believed to be a destitute child, and to help interested and eligible youth re-enter foster care.

The proposed regulations implement the statutory provisions eliminating the requirement that non-residential services for RHY youth receive New York State Office of Children and Family Services (OCFS) approval to reduce the requirements on such programs. The proposed regulations also implement the new statutory requirement that any RHY program that intends to serve youth under 18 years of age or that is contained in a municipality’s RHY plan must be certified by OCFS and, if certified on or after January 1, 2018, must be operated by an authorized agency to expand State oversight of such programs.

4. Costs: The proposed regulations implement State statutory provisions. Therefore, they will have no impact on local costs or costs to RHY programs.

5. Local government mandates: The proposed regulations offer additional service options for municipalities to consider. The determination of the municipality must be documented within existing municipal planning documents submitted to OCFS and through statutorily required written notice to OCFS under specified circumstances.

6. Paperwork: The proposed regulations offer additional service options for municipalities to consider. Any decision of a municipality to expand RHY services must be documented within existing municipal planning documents submitted to OCFS. Municipalities also will be required to provide statutorily required written notice to OCFS when youth remain in care for extended periods of time under certain circumstances. RHY programs will be required to provide RHY youth with information regarding voluntary re-entry into foster care, and will require that certain additional RHY programs serving homeless youth amend their purposes within their articles of incorporation.

7. Duplication: OCFS evaluated existing rules and legal requirements and determined that the proposed regulations do not duplicate, overlap, or conflict with existing rules. The proposed regulations incorporate new state statutory provisions into existing regulations. The proposed regulations have no additional impact on the expenses, tasks, or other duties of municipal governments or RHY programs.

8. Alternatives: The proposed regulations are required to comply with Part M of Chapter 56 of the Laws of 2017.

9. Federal standards: The proposed regulations do not exceed any minimum standards of the federal government for the same or similar subject areas.

10. Compliance schedule: The regulations became effective on January 1, 2018.

1. Effect of rule: The proposed regulations expand options available to municipalities and runaway and homeless youth (RHY) programs to meet the service needs of RHY as identified by their communities. These additional options, which include expanding the maximum age at which homeless youth may receive RHY services from 21 to 24 years of age and extending the maximum allowable length of stay of RHY youth in residential programs under certain circumstances, allow municipalities to determine what is feasible and necessary at the local level while not requiring that additional services be created. The proposed regulations require that RHY programs notify the Local Department of Social Services (LDSS) if a youth is believed to be a destitute child, and to help interested and eligible youth re-enter foster care. The proposed regulations implement the statutory provisions eliminating the requirement that non-residential services for RHY youth receive New York State Office of Children and Family Services (OCFS) approval to reduce the requirements on such programs. The proposed regulations also implement the new statutory requirement that any RHY program that intends to serve youth under 18 years of age or that is contained in a municipality’s RHY plan must be certified by OCFS and, if certified on or after January 1, 2018, must be operated by an authorized agency to expand State oversight of such programs.

2. Compliance requirements: The proposed regulations offer additional service options for municipalities to consider. The determination of the municipality must be documented within existing municipal planning documents submitted to OCFS and through statutorily required written notice to OCFS under specified circumstances.

3. Professional services: The proposed regulations will not require new or additional professional services from small businesses or local government.

4. Compliance costs: The proposed regulations implement State statutory provisions. Therefore, they will have no impact on costs for small businesses, local governments or RHY programs.

5. Economic and technological feasibility: The proposed regulations will not impact the economic or technological feasibility of small businesses or local governments.

6. Minimizing adverse impact: The proposed regulations will not create adverse economic impacts for small businesses or local governments.

7. Small business and local government participation: The regulations are proposed in response to a legislative mandate, thus participation from small business was not sought. OCFS sought input from municipal RHY coordinators.

1. Types and estimated numbers of rural areas: Municipalities and runaway and homeless youth (RHY) programs will be affected by the proposed regulations.

2. Reporting, recordkeeping and other compliance requirements; and professional services: The proposed regulations will offer additional service options for municipalities to consider. Any decision of a municipality to expand RHY services must be documented within existing municipal planning documents submitted to OCFS. Municipalities also will be required to provide statutorily required written notice to OCFS when youth remain in care for extended periods of time under certain circumstances. RHY programs will be required to provide RHY youth with certain State-developed information and will require certain additional RHY programs serving homeless youth to amend their corporate purposes.

3. Costs: The proposed regulations merely implement State statutory provisions. Therefore, they will have no impact on local costs or costs to RHY programs.

4. Minimizing adverse impact: The proposed regulations will not create adverse impacts and thus do not require mitigation.

5. Rural area participation: OCFS held meetings with RHY providers and coordinators from across the state prior to the drafting of these regulations. These meetings included rural stakeholders.

1. Nature of impact: The proposed regulations expand options available to municipalities and runaway and homeless youth (RHY) programs to meet the service needs of RHY as identified by their communities. The proposed regulations require that RHY programs notify the Local Department of Social Services (LDSS) if a youth is believed to be a destitute child, and to help interested and eligible youth re-enter foster care. The proposed regulations implement the statutory provisions eliminating the requirement that non-residential services for RHY youth receive New York State Office of Children and Family Services (OCFS) approval to reduce the requirements on such programs. The proposed regulations also implement the new statutory requirement that any RHY program that intends to serve youth under 18 years of age or that is contained in a municipality’s RHY plan must be certified by OCFS and, if certified on or after January 1, 2018, must be operated by an authorized agency to expand State oversight of such programs.

2. Categories and numbers affected: The proposed regulations will not impact jobs or employment opportunities.

3. Regions of adverse impact: The proposed regulations will not have a disproportionate adverse impact on jobs or employment opportunities regionally.

4. Minimizing adverse impact: The proposed regulations will not create adverse impacts and thus do not require mitigation.