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 4 - Residential Programs for Victimes of Domestic Violence
Part 454 - Standards For Safe Home Networks And Safe Homes
Section 454.9 - Requirements for approving safe homes
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 454.9
Current through Register Vol. 46, No. 39, September 25, 2024
The safe home network is responsible for approving safe homes and such approval is dependent upon a visit to the prospective safe home by the safe home network and the safe home provider meeting the following requirements:
(a) Each safe home provider must be at least 18 years old.
(b) Staff of the safe home network, who have qualifications to administer the safe home network or provide core emergency services as specified in section 452.12 of this Title, must conduct at least one face-to-face interview with each person over the age of 18 who is currently residing in the home of such prospective safe home to ascertain the following items including and not limited to:
(1) the
person's understanding of the nature of domestic violence;
(2) the person's ability to be
nonjudgmental;
(3) the person's
attitude and, where possible, the attitude of any minor children in the
household about establishing a safe home;
(4) the person's ability to maintain
confidentiality as provided in section
452.10
of this Title;
(5) the hours of
availability of the prospective safe home; and
(6) that each member of the safe home
household is reported to be in good general health and that there are no health
or other family problems that could negatively affect residents.
(c) Orientation/training. Prior to the placement of residents into the safe home the safe home provider must receive an orientation to the safe home network program. When the safe home provider has no previous experience or training in the field of domestic violence, appropriate training on domestic violence must also be provided.
(d) Safe homes must meet the following environmental standards:
(1)
Safe homes must provide an atmosphere of privacy, support and understanding,
and one which is safe and confidential.
(2) Safe homes must be maintained in a state
of good repair and sanitation, be free of safety hazards and be in substantial
compliance with all applicable local and State health and safety laws or
regulations for one or two family dwellings or multiple family dwellings
classified for permanent occupancy.
(3) Heating systems shall be capable of
maintaining a minimum room temperature of 68 degrees Fahrenheit in all
habitable rooms and maintained in good working order.
(4) Safe homes must provide a sleeping area
for adult residents which is separate from the sleeping area of safe home
household members.
(5) Children
residing in safe homes may share a sleeping area with members of their own
family or with other children in the safe home household.
(6) Each resident must be provided with clean
bedding, basic toilet articles such as towels and washcloths and space for
his/her personal possessions.
(7)
There must be adequate bathing, toilet and lavatory facilities which must be
kept in sanitary condition.
(8) No
hazardous conditions must be permitted to exist in any part of the safe home.
The following requirements must be complied with in order to eliminate
hazardous conditions:
(i) hallways and
corridors must not be used for storage of equipment or trash;
(ii) stairways must have sturdy and securely
fastened handrails; and
(iii) all
electrical cords and plugs must be in good condition with no exposed or frayed
wiring.
(iv) In addition, the
following safety requirements must be met by safe homes providing emergency
shelter to residents who are children and safe home networks must not arrange
to place a child in a safe home which does not meet the following requirements:
(a) all medications (prescription and
over-the-counter) must be kept in a secured place and out of reach of children;
and
(b) containers of chemical
cleaning agents and other toxic material must be labeled, stored and secured in
places - out of reach of children.
(9) Each safe home must be free from fire
hazards and must be equipped with operational smoke detectors located in every
sleeping room, on each floor and in the corridor adjacent to any sleeping
rooms.
(10) Each safe home must be
equipped with an ABC rated fire extinguisher in the kitchen, laundry room and
furnace room.
(11) Carbon monoxide
detector(s) must be installed and maintained on each level of the safe home
that contain sleeping areas in accordance with the Uniform Code and
manufacturer's installation instructions.
(12) Each safe home provider must have
disaster and emergency procedures to be followed in the event of an emergency
or disaster, such as a fire or a flood, which must be explained to new
residents upon arrival.
(13) A
telephone with emergency telephone numbers for fire, police and medical
assistance posted nearby must be made available to residents.
(14) Wood or coal burning stoves, fireplaces,
pellet stoves and permanently installed gas space heaters used at any time in
the safe home must be approved by local authorities or an inspector qualified
to approve fuel burning systems.
(15) While victims of domestic violence, are
residing in the safe home, all firearms, shotguns, rifles, and ammunition must
be securely stored and inaccessible to residents.
(i) Ammunition shall be stored in a safe
storage depository as defined in (iii) in this section.
(ii) Firearms, shotguns and rifles shall be
secured unloaded with an appropriate trigger locking device, or stored in a
safe storage depository as defined in (iii) of this section.
(iii) A safe storage depository shall be a
safe or other secure container which, when locked, is incapable of being opened
without the key, combination or other unlocking mechanism and is capable of
preventing an unauthorized person from obtaining access to and possession of
the weapon or ammunition contained therein.
(iv) Safe home providers shall give written
notice to safe home network and residents on forms furnished by the Office or
an approved equivalent, that a firearm, shotgun, rifle or ammunition is on the
premises.
(e) Upon a determination by the safe home network that the safe home is in full compliance with all regulatory standards contained in this section, the network must issue a written approval to the safe home provider(s). Such approval, which is non-transferrable to another person or location, will be for a one year duration and must contain:
(1) a
statement which clearly specifies: the name of the safe home provider, the
location of the safe home, the date of approval, the non-transferrable status
of the approval, the purpose of the approval which must be to provide temporary
shelter to victims of domestic violence, and the maximum number of adults and
children, if any, who can be admitted as residents of the safe home and
authorized to receive emergency shelter in such home; and
(2) an agreement signed by the safe home
network and the safe home provider which includes, but need not be limited to,
the following responsibilities:
(i) safe home
network responsibilities:
(a) to refer only
residents appropriate for admission as specified in section
454.4
of this Part;
(b) to the extent
possible, to arrange for the resident's transportation to the safe
home;
(c) to reimburse safe home
providers for temporary shelter and other needs met by the safe home provider
subject to payment under the per diem rate
(d) to discharge residents from a safe home
who the safe home provider finds to be disruptive to the safe home or a threat
to the well-being of other individuals residing in the safe home;
(e) to develop a plan which addresses how
damages to the safe home will be handled in the event any damage occurs which
was caused by residents;
(f) to
develop a plan for resolving conflicts between the safe home provider and
residents;
(g) to inform the safe
home provider that the Office has access to the safe home provider's name and
the location of the safe homes;
(h)
to maintain regular contact with the safe home provider whenever residents are
being sheltered; and
(i) to have
follow-up contact with the safe home provider within a week following a
resident's departure; and
(ii) safe home responsibilities:
(a) to abide by the safe home network's
rules;
(b) to inform the safe home
network of any changes that affect the safe home household
composition;
(c) to maintain, in a
manner consistent with the records and reports and confidentiality provisions
of sections
452.9(b)
and
452.10
of this Title, the confidentiality of the purpose and location of the safe home
and any residents they shelter;
(d)
to provide emergency shelter to residents for only the length of time
determined appropriate by the safe home network;
(e) to be available to communicate with the
safe home network whenever residents are being sheltered;
(f) to notify the safe home network of any
resident's unplanned departure from the safe home;
(g) to notify the safe home network
immediately of any problems occurring while residents are being
sheltered;
(h) to be available to
the safe home network for a follow-up contact after the departure of a
resident; and
(i) to explain to
each new adult resident upon arrival the procedures to be followed in the event
of a disaster and/or emergency.
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.
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