New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Appendices
Appendix 9

Current through Register Vol. 46, No. 12, March 20, 2024

1. Halfway houses are subject to the administrative jurisdiction of the commissioner under section 424(5) (a) and (b) of the New York State Mental Hygiene Law. Further, insofar as halfway houses receive or plan to receive State aid under the Community Mental Health Services Act. They are subject to any additional rules and regulations of the commissioner which are promulgated under article 8-A of the Mental Hygiene Law.

2. Among the range of treatment services applicable to residents of halfway houses are group therapy, social work casework and counseling recreational and social rehabilitation and vocational rehabilitation. While most of these services will be procured in the community, a halfway house may provide more elements of these services within the halfway house. Regardless of whether these services are provided in the halfway house or in the community, they must meet acceptable professional standards. If any of the above services are part of the halfway house program, the following definitions apply:

Milieu therapy is treatment in which the total environment, that is, the physical surroundings, equipment and staff attitudes are, woven together in such a way as to enhance the effectiveness of other therapies and to encourage the resident's rehabilitation.

Group therapy is the application of psychotherapeutic techniques, under trained leadership, to a group including the interactions of members of the group.

Social work counseling and casework utilize the conscious adaptive capacities of individuals, their families and related groups, as well as those of community resources, in order to improve the adjustment of the person to his environment or the environment to the individual.

Recreational and social rehabilitation provide opportunities for residents to socialize with others, both inside and outside of the halfway house, as well as to participate in activities involving two or more persons. Residents may participate in the planning of social events and assist with necessary preparation.

Vocational rehabilitation is that aspect of therapy which deals with a systematic sequence of testing, counseling and training in relation to a specific occupational job or objective. Also included is assistance with adjustment to a work environment and the development of appropriate patterns of behavior in a work situation both inside and outside of the halfway house.

3. The following certifications are required (if applicable) in relation to premises:

certification from the fire department that the premises are fire-safe;

certification from the building department that the building is in safe repair for the purposes of the program;

written indication from the zoning authority that the halfway house is in the proper zone;

certificate of occupancy from the building department that the premises may be used for a halfway house program unless it is in a municipal building in which case this requirement is waived;

written approval from the multiple dwelling authority that the premises may be used by more than four persons who are not members of the same family, if this is required by local ordinances;

written approvals by the health and sanitation departments if food is prepared on the premises.

4. Discharge policies shall take the following into consideration:

resident has recovered sufficiently to return to his home;

resident has improved to the point where another facility in the community can better serve his needs;

resident has reached the maximum allowable stay;

the resident's needs cannot be met by the program of the halfway house and another community program seems more suitable;

the resident is unresponsive to the program and requires more intensive stimulation and care than the halfway house is equipped to give;

gross lack of cooperation with the program, rules and procedures of the halfway house on the part of a resident;

other situations not covered by the above.

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