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 3 - Child-care Agencies
Part 448 - Group Homes
Section 448.5 - Procedure for initiation of group home program
Universal Citation: 18 NY Comp Codes Rules and Regs § 448.5
Current through Register Vol. 47, No. 12, March 26, 2025
(a) Private child-caring agency.
(1) An authorized private child-caring agency
which plans to initiate a group home program must submit written notification
to the department in duplicate, of its intention and of its compliance with
section 448.2 of this Part.
(2) An agency may not proceed with the
development of such program until the agency has received a written statement
from the department that, from the information presented, it is in compliance
with section
448.2 of this Part.
(3) At least 15 days prior to the opening of
a group home, the agency must submit a report to the department, in duplicate,
detailing its compliance with section
448.3 of this Part. The report
must include a diagram of the floor plan of the home, showing the dimensions
and use of each room, the capacity of each sleeping room, and the locations of
the following: toilet and bath fixtures; kitchen and laundry equipment; heating
equipment; fire and smoke detection and alarm devices or systems; other fir
protection equipment; and all means of egress. Reports as to continued
compliance may be required periodically by the department. The report must also
include specific documentation of the agency's compliance with section
448.3(b)(5) and
(c)(1) of this Part.
(4) An agency may not open a group home until
it has received:
(i) a written statement from
the department that, from the information presented, the planned group home is
also in compliance with section
448.3 of this Part; and
(ii) an operating certificate for a group
home program issued by the department pursuant to Part 477 of this
Title.
(5) An agency
which plans to establish a group home within a municipality must notify the
chief executive officer of the municipality in writing of its intentions. Such
notice must include a description of the nature, size and the community support
requirements, if any, of the program. For purposes of this subdivision,
municipality means an incorporated village, if the facility is
to be located therein; a town, if the facility is to be located therein and not
simultaneously within an incorporated village; or a city, except that in the
City of New York the community board with jurisdiction over the area in which
such group home is to be located is considered the municipality.
(6) A social services official who plans to
establish a group home within a municipality must notify the chief executive
officer of the municipality in writing of his or her intentions. Such notice
must include a description of the nature, size and the community support
requirements, if any, of the program. For purposes of this subdivision,
municipality means an incorporated village, if the facility is
to be located therein; a town, if the facility is to be located therein and not
simultaneously within an incorporated village; or a city, except that in the
City of New York the community board with jurisdiction over the area in which
such group home is to be located is considered the municipality.
(b) Public social services agency.
(1) A social services official
who plans to initiate a group home program must make application in writing to
the department for authority to operate a group home program stating, in
accordance with section
374-c of
the Social Services Law, why such program is needed and that suitable care is
not otherwise available for the children under care of such official.
(2) A social services official authorized to
operate a group home program must submit written notification to the department
in duplicate, of his/her compliance with section
448.2 of this Part.
(3) A social services official may not
proceed with the development of such program until such official has received a
written statement from the department that, from the information presented, the
planned group home program is in compliance with section
448.2 of this Part.
(4) At least 15 days prior to the opening of
a group home, the social services official must submit a report to the
department in duplicate of the home's compliance with section
448.3 of this Part. The report
must include a diagram of the floor plan of the home, showing the dimensions
and use of each room, the capacity of each sleeping room, and the locations of
the following: toilet and bath fixtures; kitchen and laundry equipment; heating
equipment; fire and smoke detection and alarm devices or systems; other fire
protection equipment; and all means of egress. Reports as to continued
compliance may be required periodically by the department. The report must also
include specific documentation of compliance with the provisions of section
448.3(b)(5) and
(c)(1) of this Part.
(5) A social services official may not open a
group home until such official has received:
(i) a written statement from the department
that, from the information presented, the group home is in compliance with
section 448.3 of this Part; and
(ii) an operating certificate for a group
home program issued by the department pursuant to Part 477 of this
Title.
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.