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 2 - Family and Children's Services
Part 425 - Day Services
Section 425.3 - Qualifications for receiving operating permit
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 425.3
Current through Register Vol. 46, No. 39, September 25, 2024
(a) An operating permit may be issued by the department to:
(1) a local social services
district which establishes a day services program;
(2) a nonprofit corporation or association;
or
(3) a private proprietary
facility.
(b) No operating permit will be issued for a day services program until the applicant has demonstrated to the satisfaction of the department that:
(1)
(i) the
day services program is operated by an authorized child care agency which holds
a current operating permit for 24-hour residential care, issued by the
department, and the day services program is to be confined to structures which
have been inspected for the residential care permit or, if other structures are
used for the day services program, those structures are inspected and meet the
same standards; or
(ii) the program
and structures have been licensed by the Department of Mental Hygiene as a day
treatment program and that State agency certifies to the department that the
program and structures meet all regulations promulgated by that agency
concerning the physical safety, health, protection and nutrition of the
children to be served in the day services program; or
(iii) the program and structures meet the
requirements set forth in the regulations covering the granting of permits to
operate a day care center in respect to physical plant, sanitation, safety
requirements, nutrition, health services, retention of records and procedures
for renewal of permits.
(2) The program of services includes at least
social casework, group work or family therapy for children and families,
psychiatric consultation, diagnosis and evaluation, psychological consultation
and testing, health supervision and referral, educational and/or vocational
services and other services as required, such as recreational and/or cultural
activities, transportation, information and referral. If it can be demonstrated
that one or more of these services are not needed by the population served,
that service may be waived.
(3) The
program is operating at least three hours per day and at least four days a
week, excluding holidays.
(4) The
program is under the direction of a qualified psychiatrist, social worker,
psychologist, or of a specialist in early childhood or special education, who
shall have had at least five years of experience in either special education or
child welfare services, or an equivalent combination of experience and
training.
(5) All professional
staff shall be licensed or certified by the appropriate regulatory
body.
(6) The applicant has made
efforts to secure funding from all available sources, including mental health
and education funds, and has fulfilled requirements specified by other funding
sources as conditions for obtaining such funding. The local government share of
the cost of day services may be met in whole or in part by donated private
funds, exclusive of in-kind services.
(7) The applicant has received appropriate
licenses for any portion of the day services program for which a license is
required by any State agency or official.
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