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 585.5 - Application process
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 585.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Application for operating certificates must be submitted to the office by the program sponsor on a form and in a format designated by the office.
(b) A copy of the application will be sent to the appropriate local governmental unit serving the area for review.
(c) As part of the application process, program sponsors must be able to demonstrate, to the satisfaction of the office, that it has entered into written agreements with local service providers to ensure that family care providers and residents will have access to all necessary services.
(d) Qualifications of family care providers.
(1) A
family care provider must be an adult person. The financial condition, good
moral character and good physical and mental health of the applicant must be
demonstrated to the satisfaction of the commissioner. Family care provider
applicants are subject to the criminal history review process set forth in Part
550 of this Title.
(2) To avoid a
conflict of interest, applications of program sponsor employees for operating
certificates of family care providers will only be considered for approval if
it is clearly established that such program sponsor employee:
(i) has not provided, and will not provide,
therapeutic services to potential residents;
(ii) has not participated, and will not
participate, in placement of residents;
(iii) is able to provide appropriate
supervision for residents placed in the family care home.
(3) When more than one person living in a
family care home will be designated as a family care provider, each person must
separately meet all qualifications.
(4) Conditions and obligations. Family care
providers must agree in their application to fulfill the following conditions
and obligations:
(i) to promptly receive basic
training in mental illness and/or medication management, as necessary and
appropriate, before any residents are placed in the family care home;
(ii) to participate in all aspects of a
background check, and to ensure persons living in family care homes (other than
the resident) operated by the family care provider participate in all aspects
of a background check, including a criminal history background check
administered in accordance with Part 550 of this Title, as
applicable;
(iii) to designate an
appropriate adult willing to provide respite care in his/her home or to agree
to utilize services available to the family care program until such person can
be designated; and
(iv) to ensure
that the family care homes which it operates will meet all requirements of this
section and sections
585.6
and
585.7
of this Part.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
