New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 585 - Standards For Family Care Homes
Section 585.11 - Respite

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 585.11

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Each family care home is entitled to a minimum number of respite days as provided in Mental Hygiene Law section 31.03(h)(7), or as provided in the annual State Budget.

(b) Program sponsors are responsible for approving all respite providers.

(1) All applicants for respite services must undergo a criminal history background check in accordance with the provisions of Part 550 of this Title.

(2) Paid respite providers cannot be a spouse of the family care provider, but may function in an unpaid respite capacity.

(3) Respite providers must be at least 21 years of age, provided, however, an exception may be made to certify a respite care provider of age 18 or older, if maturity, responsibility, and knowledge of caregiving can be adequately demonstrated.

(c) Respite providers must receive necessary basic training in order to maintain a normal routine and deliver required care in the family care home.

(d) Family care providers shall cooperate with program sponsors in planning and scheduling of respite for the family care provider, to ensure minimum disruption of the residents' activities during these periods in accordance with guidelines of the office.

(e) When emergency respite for the family care provider becomes necessary, the family care provider or other responsible person must immediately notify the program sponsor. In any emergency, the program sponsor will have the responsibility to maintain the safety and well-being of the residents with the cooperation of the family care provider.

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