Current through Register Vol. 46, No. 12, March 20, 2024
(a) The operator
of a family-type home for adults must be a natural person. An individual may,
but is not required to, seek certification as an operator of a family-type home
for adults to care for persons related to her or him provided that the
relationship is not that of a spouse, parent or parent-in-law, child or
step-child.
(b) The operator of a
family-type home for adults shall:
(1) live in
the home;
(2) be at least 21 years
of age;
(3) be of good
character;
(4) be physically and
mentally capable of operating the home;
(5) be able to speak, read and write
English;
(6) provide 24-hour-a-day
supervision, care and services to meet the needs of the residents; assure the
protection of resident rights; and promote the social, physical and mental
well-being of residents;
(7)
operate and maintain the home in compliance with department regulations and
with applicable statutes and regulations of other State and local
jurisdictions;
(8) demonstrate
sufficient income, not solely derived from income from the residents, to meet
the household expenses of the operator and members of his/her personal
household;
(9) not be otherwise
employed in or outside the home unless the operator can demonstrate substitute
provision for the care and maintenance of the residents and receives prior
written approval from the local department of social services;
(10) designate a substitute caretaker,
approved in advance by the local department of social services, to maintain the
home in the temporary absence of the operator; and
(11) notify the social services district of
any changes in household circumstances or composition, including family members
and other residents commencing or terminating residency at the home as well as
the admission and discharge of all family-type home residents.
(c) The operator shall not
increase capacity, add or delete an operator, or change the location of the
home without submitting an application for a new operating certificate to the
commissioner of the local department of social services on forms and in a
manner prescribed by the department.
(d) Upon request by the operator or
applicant, the department may waive any of the requirements of this Part which
are not mandated by law.
(1) An operator must
request such approval prior to instituting any alternative. Applications for
approval must be submitted in writing to the local department of social
services and shall include:
(i) the specific
regulation for which a waiver is sought;
(ii) the reason(s) compliance to the
regulation would cause undue hardship; and
(iii) a description of what will be done to
achieve or maintain the intended outcome of the regulation and to protect the
health and safety of the residents.
(2) The social services district must forward
to the department the request for waiver and a recommendation for approval or
denial of the request along with the rationale for the recommendation and any
suggested conditions or terms.
(3)
The department may require that the operator or local department of social
services adopt additional alternative methods or procedures to protect resident
health and safety and shall grant written approval only upon determination that
the proposed waiver will not adversely affect the health and safety of
residents.
(4) Failure to adhere to
the terms of the approved waiver may result in withdrawal of the approval and
imposition of penalties for the applicable regulation.
