New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 1 - Provision of Social Services-general
Part 408 - Standards for Establishing Per Diem Rates and Social Services District Payment Responsibility for Residential Programs for Victims of Domestic Violence
Section 408.4 - Program eligibility
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 408.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) General requirements.
(1) Persons will be
eligible for admission to a residential program for victims of domestic
violence when:
(i) such person is seeking
temporary shelter; and
(ii) such
person is a victim of domestic violence.
(2) A former resident of a residential
program will be eligible for readmission to a residential program if such
person meets the requirements specified in paragraph (1) of this subdivision as
a result of the occurrence of a new domestic violence incident after the victim
had departed from the previous residential program.
(b) Method of determining eligibility pursuant to 408.4 of this Part.
(1)
(i) A person will be deemed eligible for
admission to a residential program for victims of domestic violence when such
person provides information that he or she is a victim of domestic violence as
defined by section
408.2(i)
of this Part and is seeking temporary shelter, emergency services and care. The
person may provide verbal or documentary information to establish such
eligibility. Once information establishing that the person is a victim of
domestic violence and is seeking temporary shelter, emergency services and care
is provided as required in this subparagraph, the social services district may
not require the provision of any additional information for the purpose of
determining eligibility.
(ii) When
a person goes directly to a residential program, the residential program will
be responsible for determining the person's initial eligibility.
(iii) When a person goes directly to a social
services district, the district will be responsible for determining a person's
initial eligibility or for referring the person to a residential program for an
eligibility determination.
(2) Persons deemed eligible for admission to
a residential program must also meet any additional admission criteria
established by the residential program.
(c) Notification of eligibility determinations.
(1) When a residential program
determines that a person is eligible for admission and admits such person into
the program, it must provide notice [by telephone] of such admission to the
social services district where the person resided at the time of the domestic
violence incident. Such notice must be given on or before the first working day
following admission; provided, however, that personally identifying information
may only be disclosed to a social services district if the program has received
written, informed and time-limited consent from the victim of domestic violence
and head of household to share that information. If the residential program is
not located in the social services district in which the victim of domestic
violence resided at the time the domestic violence incident occurred, the
person may submit an application for public assistance and care to the district
in which the program is located. In such a case, notice [by telephone] of
admission must also be given by the residential program to the social services
district in which the residential program is located on or before the first
working day following such admission. The social services district in which the
residential program is located must forward the completed application, within
five days of its receipt, to the social services district in which the person
resided at the time of the domestic violence incident in accordance with
section
311.4(b)
of this Title.
(2) Each social
services district must designate a representative to receive notices of
admissions made by residential programs pursuant to paragraph (1) of this
subdivision and to serve as the liaison to the residential programs on any
payment or program issues relating to the admission of victims of domestic
violence.
(3) When a social
services district receives notice that a person who is a victim of domestic
violence for whom it is financially responsible pursuant to section
408.5 of
this Part has been admitted into a program located in another social services
district, the social services district in which the domestic violence incident
occurred must inform the person of any bed available in a residential program
located within such district, regardless of whether a contract exists between
such district and the residential program. The person may choose whether or not
to return to the social services district in which the domestic violence
incident occurred in order to obtain services from a residential program within
that district.
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