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 585.9 - Placement, admission, and discharge of residents
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 585.9
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Placement.
(1) Placement referrals shall be made by the
office or community mental health providers.
(2) It is the responsibility of program
sponsor to screen the placement of prospective residents with family care
providers in family care homes.
(3)
Restrictions on placements.
(i) No individual
against whom a warrant has been filed by a criminal court or district attorney
in connection with a criminal proceeding may be placed with a family care
provider in a family care home.
(ii) Persons committed to the custody of the
Office of Mental Health pursuant to an order of a criminal court or a civil
court pursuant to article 10 of the Mental Hygiene Law, cannot be placed with a
family care provider in a family care home unless prior permission has been
obtained from the court with jurisdiction over the case which authorizes such
placement.
(4) A family
care provider may accept a placement from an entity other than the office or
community mental health provider, (such as a housing authority or social
service agency) but only after such placement has received the prior approval
of the program sponsor pursuant to a written agreement between the program
sponsor and the director of the other placing entity. Such placements shall be
counted as part of the certified capacity of the family care home.
(5) Each program sponsor shall use its best
efforts to have a variety of placements in family care available to meet the
needs of the residents.
(6)
Whenever feasible and appropriate to the needs of the prospective resident,
placements in family care should be transitional and time limited to ensure
residents are moved to the least restrictive, most independent living
arrangements that are possible, provided, however, that nothing in this section
shall be deemed to prevent an extended or long term placement, if that is
appropriate to the needs of a particular resident.
(7) Each prospective resident shall have a
current medical examination prior to placement in a family care home For
purposes of this paragraph, current shall mean no more than six months prior to
placement.
(b) Admission.
(1) After a program sponsor has
determined that an individual is in need of family care and has placed that
individual in a family care home, the individual shall be admitted to the home
by the family care provider. An individual shall be admitted to a family care
home only upon his or her own willingness.
(2) To be appropriate for admission to a
family care home, an individual shall:
(i)
have a principal psychiatric disorder (not organic);
(ii) not be immediately dangerous to self or
others;
(iii) not be in need of
skilled nursing as indicated on a patient review instrument (PRI);
and
(iv) be willing and able to
self administer medication.
(3) Within 30 days of placement in a family
care home, each resident shall have a residential service plan prepared by the
program sponsor.
(i) The residential service
plan shall be based on treatment plan recommendations and shall outline the
residential service needs of the resident and identify family care provider and
staff roles with respect to the resident. It shall include:
(a) long and short term goals based on the
resident's needs and abilities;
(b)
services and program that will be available to meet goals; and
(c) strategies and timetables for attaining
goals.
(ii) The results
of the medical examination conducted pursuant to paragraph (a)(7) of this
section shall be used, as appropriate, to supplement the residential service
plan.
(iii) The preparation of the
residential service plan shall involve the resident (or, if the resident is not
competent, someone acting on behalf of the resident), the family care provider,
and other providers of services as appropriate.
(iv) The residential service plan shall be
reviewed at least quarterly during the first year of placement and
semi-annually thereafter.
(c) Discharge.
(1) The family care provider shall
participate in the formulation of a discharge plan for every resident.
Discharge planning shall be part of residential service plan reviews and shall
be incorporated within such plan as appropriate.
(2) Discharge criteria. Residents may be
discharged from a family care home when at least one of the following criteria
is met:
(i) the resident has medical,
psychiatric or behavioral challenges which cannot be met by the family care
home;
(ii) the resident has been
hospitalized and will require a higher level of psychiatric care upon discharge
from the hospital;
(iii) the
resident voluntarily leaves the family care home; or
(iv) the resident shows sufficient
improvement in functioning to be able to move to a more independent living
situation.
(3) No overt
or covert psychological or physical pressure shall be applied to prevent a
resident who desires to leave a family care home from doing so.
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.
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