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 ยง 448.5
Current through Register Vol. 46, No. 39, September 25, 2024
(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.
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