Current through Register Vol. 46, No. 39, September 25, 2024
(a) A residential treatment
facility may only admit a child or youth that has an authorization for access to
residential treatment facility services, which was obtained pursuant to Part 583 of
this Title. This requirement applies to admissions and transfers.
(b) A residential treatment facility may only make
admission determinations based on the written admission criteria maintained pursuant
to section 584.7 of this Part. A residential treatment facility may request to waive
one or more admission criteria for a particular child or youth by applying to the
Office of Mental Health or commissioner's designee for an extension or exemption
with cause. The office or commissioner's designee shall be authorized to halt
admissions for a residential treatment facility for failure to comply with this
section.
(c) In accordance with Mental
Hygiene Law section 9.51, a residential treatment facility shall admit any
appropriate child or youth with an authorization for access to residential treatment
facility services to the next available bed if they meet the criteria for admission
to the residential treatment facility, and have been designated as priority for
admission by the Office of Mental Health or commissioner's designee. A residential
treatment facility may request to waive this standard for a particular child or
youth by applying to the Office of Mental Health or commissioner's designee for an
extension or exemption with cause. If the residential treatment facility does not
meet the standard, nor was it waived, the Office of Mental Health or commissioner's
designee may halt admissions at its discretion.
(d) Upon application for admission or transfer of
a child or youth, a residential treatment facility shall provide written notice as
follows:
(1) All notices shall be made to the
referral source, parent/legal guardian, Office of Mental Health or commissioner's
designee, and the Local Governmental Unit of the child or youth's county of
residence.
(2) The residential treatment
facility shall give notice of receipt of an application for admission or
transfer.
(3) The residential treatment
facility shall evaluate and communicate the determination of the application for
admission or transfer within a timeframe determined by the Office of Mental Health
or commissioner's designee but no longer than 30 calendar days. A residential
treatment facility may request to waive this standard for a particular child or
youth by applying to the Office of Mental Health or commissioner's designee for a
seven-day extension.
(i) The residential treatment
facility shall give notice when a child or youth is determined to meet criteria for
admission or transfer. This notice shall include the anticipated date of admission
or transfer and any other information specified by Office of Mental Health or
commissioner's designee.
(ii) The
residential treatment facility shall give notice when a child or youth is determined
to not meet admission criteria. This notice shall include the specific reason for
such determination based on residential treatment facility's admission criteria
maintained pursuant to section 584.7 of this Part.
(6) When a resident is ready for discharge or
transfer, notice shall be provided 30 calendar days in advance of the anticipated
date of discharge or transfer.
(7) When
a resident attains the age of 21, notice shall be provided within 30 calendar days
with the discharge plan that will achieve the child or youth's discharge from
residential treatment facility services prior to the 22nd
birthday.
(e) Admissions,
transfers and discharges shall be in accordance with the applicable requirements of
articles 9 and 29 of the Mental Hygiene Law and Parts 15, 17 and 36 of this
Title.
(f) Written admission, transfer,
continued stay and discharge policies and procedures shall be maintained as required
in section 584.7 of this Part and shall be subject to approval by the Office of
Mental Health. Such policies and procedures shall:
(1) specify that admission, transfer, continued
stay and discharge shall be based on the written criteria established pursuant to
section 584.7 of this Part;
(2)
delineate special requirements for admission, transfer, continued stay and discharge
of children or youth in the custody of a social services official, the Office of
Children and Family Services, or another person granted custody by the Family
Court;
(3) prohibit discrimination
solely on the basis of race, color, creed, national origin, sex or age gender
identity, sexual orientation, military status, domestic violence victim status,
disability, pregnancy-related condition, predisposing genetic characteristics, prior
arrest or conviction record or familial status.
(4) provide for notification of the mental health
information service of each admission in accordance with the requirements of Part 15
of this Title;
(5) require that the
eligibility of each resident's continued stay in the residential treatment facility
be regularly evaluated in accordance to standards and procedures established by the
Office of Mental Health or commissioner's designee;
(6) be available to the staff, residents and their
families, cooperating agencies and the general public; and
(7) require that discharge planning for each
resident begin upon application for admission or transfer. Discharge planning shall
be in accordance with section 29.15 of the Mental Hygiene Law and standards and
procedures established by the Office of Mental Health or commissioner's designee;
and shall include, at a minimum, identification of the discharge goals and the
criteria for determining the specific resident's discharge readiness.
