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 408.6 - Length of stay in a residential program for victims of domestic violence
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 408.6
Current through Register Vol. 46, No. 39, September 25, 2024
(a) General requirements.
A resident's initial authorized length of stay at a residential program for victims of domestic violence and eligibility for any extensions must be based upon the individual safety and service needs of the resident or the resident's children.
(b) Method of determining length of stay.
(1) A resident's initial length
of stay will be authorized for a period of up to 90 days, determined by the
social services district financially responsible for the resident at the time
of admission, based upon the individual safety and service needs of the
resident or the resident's children.
(2) A resident's eligibility for an extension
will be assessed as follows:
(i) A resident's
length of stay may be extended a maximum of two times. Each extension may be up
to 45 days contiguous to the initial 90-day period and must be based upon a
determination by the social services district that:
(a) such housing is necessary; and
(b) neither the resident, the social services
district nor the residential program are able to secure safe and appropriate
alternative housing, as defined in section
408.2(a)
of this Part.
(ii) The
residential program must request an extension of the length of stay prior to
the expiration of the resident's length of stay. Such request for extension
shall be made to the social service district fiscally responsible for the
resident no fewer than five business days prior to the expiration of the
resident's length of stay. The social service district fiscally responsible for
the resident may agree to a shorter notice period only if emergency
circumstances make the need for such an extension not reasonably foreseeable in
the notice period set forth above. In such a case, notice of the extension must
be given to the social service district immediately upon circumstance becoming
reasonably foreseeable. Whenever a resident's length of stay is extended, the
social services district financially responsible for the resident must assist
the resident in obtaining alternative housing before the close of the extension
period.
(iii) When a resident is
unable to secure safe and appropriate alternative housing and is deemed
eligible to remain in a residential program, the social services district
financially responsible for the resident must pay the per diem rate for the
residential program for the period of such extension.
(iv) The resident's need for an extension
must be assessed pursuant to the following standards:
(a) the resident must continue to be in need
of temporary shelter and emergency services provided directly by the
residential program pursuant to sections
453.4,
454.7 or
455.6 of
this Title because safe and appropriate alternative housing, as defined in
section
408.2(a)
of this Part, is not available;
(b)
the resident must continue to meet the admission criteria of the residential
program pursuant to section
452.9(a)
and, where applicable, sections
454.6
and
455.5
of this Title; and
(c) the resident
must continue to abide by the rules of the residential program.
(c) Assessment of service needs.
(1)
General requirements.
(i) During the period
of stay at a residential program, each resident's need for temporary shelter,
emergency services and care, including the individual safety and service needs
of a resident and the resident's children must be assessed at regular intervals
to ensure the provision of necessary and appropriate services to a resident and
his/her children. At a minimum, such assessment must include an evaluation of
the need for services provided directly by a residential program and any
services provided directly by a social services district. Unless there is a
contract between the residential program and the district pursuant to section
408.8 of
this Part, the social services district financially responsible for the
resident will determine the procedures for conducting such
assessments.
(ii) To ensure that a
resident's temporary shelter, emergency services and care needs assessment
identifies all the service needs of the resident and his/her children,
including those services offered and provided directly by a social services
district, a residential program must provide the social services district
financially responsible for the resident with relevant information concerning
the resident's temporary shelter, emergency services and care.
(2) Frequency of assessments.
The frequency at which a resident's temporary shelter, emergency services and care needs must be assessed by a residential program must be determined by the social services district financially responsible for the resident, unless there is a contract between such district and the residential program, in which case the frequency will be determined pursuant to the terms of the contract.
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