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 5 - Adult and Family Services
Part 457 - Protective Services For Adults
Section 457.5 - Duties and responsibilities

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 457.5

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

(a) In the provision of this service, the agency shall be responsible for the services as listed in subdivision (c) of section 457.1 of this Part and the then in effect CSP.

(b) Contacts with PSA clients.

(1) PSA staff must maintain contact with PSA clients as frequently as staff of the local social services district determine necessary to assure that the service needs of such clients are adequately met through the utilization of available community resources. The type and frequency of client contacts will depend on:
(i) the specific circumstances of the individual's situation;

(ii) the ability and willingness of family members, friends and neighbors to assist the individual; and

(iii) the involvement of other agencies in the provision of services to PSA clients.

(2) At a minimum, PSA clients, who are living in the community and are in any of the situations specified in subparagraphs (i), (ii) and (iii) of this paragraph, must be visited in their homes at least once every calendar month:
(i) when abuse, neglect or exploitation by another person is suspected or documented;

(ii) when environmental conditions exist in the home which are a threat to the health and safety of the client; or

(iii) when a client is home bound or when there is no other way to have a face to face contact with the client without making a home visit.

(3) For PSA clients in any of the situations specified in subparagraphs (2)(i), (ii) and (iii) of this subdivision, the monthly home visit may be delegated to the professional casework or social work staff of another public agency or voluntary agency if the following conditions are met:
(i) the case is stabilized;

(ii) the other agency agrees to submit written monthly status reports which become part of the client's case record;

(iii) the district evaluates the status reports submitted by the other agency;

(iv) the PSA caseworker visits the client within 72 hours of the receipt of the status report, if the report indicates that there has been a change in the client's circumstances; and

(v) local districts adhere to their case management responsibilities as defined in section 403.4 of this Title.

(4) For all other PSA clients living in the community, PSA staff must maintain at least face to face contact every calendar month and make a home visit at least once every three calendar months.

(5) For PSA clients who are permanent residents of residential care facilities, PSA staff must maintain telephone contact with facility staff at least once every three months in order to monitor the condition of the client.

(6) PSA clients who are hospitalized need not be visited, but PSA staff must maintain monthly telephone contact with hospital discharge planning staff in order to monitor the client's condition and to plan for the discharge of the client to his or her home or other appropriate setting.

(7) PSA clients who are incarcerated need not be visited, but PSA staff must maintain monthly telephone contact with correction facility staff in order to monitor the client's condition and plan for his or her release to the community.

(c) In addition to those activities listed in subdivision (a) of this section, the PSA unit has the following areas of responsibility:

(1) Emergency assistance to adults. PSA staff shall be responsible in conformity to subdivision (c) of section 397.5 of this Title for a social study to determine the need for protective services in those EAA situations where there is need to replace lost or mismanaged cash for a person who by reason of advanced age, illness, infirmity, mental weakness, physical handicap, intemperance, addiction to drugs, or other cause, has a substantial impairment in his ability to manage. An application for emergency assistance shall not be deemed an application for services.

(2) Alternative social services payment procedures. Based on the adult's incapacity as established by social study, there may be a need to initiate forms of payment as otherwise provided, and include restricted money payments, vendor payments, and the designation of a protective payee. The designation of a protective payee shall preferably be made from the PSA staff in conformity to section 381.7 of this Title.

(3) Representative payee for social security benefits. When there are indications that social security benefits are being mishandled due to the recipient's incapacities, the PSA staff will be responsible for:
(i) developing a social study to determine the need for the designation of a representative payee;

(ii) initiating the application to the social security office in those situations where there is no one else available; and

(iii) securing a representative payee in appropriate situations. It shall be the responsibility of the local commissioner of social services or director of social services to serve as representative payee when there is no one else willing or able to do so, provided, however, that the responsibility for actual service delivery may be delegated to appropriate staff.

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