New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter D - Adult-Care Facilities
Part 489 - Adult Care Facilities Standards for Family-type Homes
Section 489.4 - Application and certification
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 489.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Application to establish and operate a family-type home for adults shall be made on Application for Family-Type Home for Adults (DSS-2865) and filed with the commissioner of the local social services district in which the proposed home is located. The application must be signed and dated by each applicant. The date of signature shall be considered the date of application submittal.
(b) Supporting information.
(1) The following
documents shall be submitted to the local department of social services in
support of the application:
(i) Names and
addresses of former employers within the last five years and of two persons not
related to the applicant(s) who are acquainted with the applicant(s)' desire
and ability to operate a family-type home.
(ii) A statement from a physician, signed and
dated within 90 days after the date of submittal, indicating that each
applicant is physically and mentally capable of providing adequate care to
dependent adults. Department form Medical Evaluation (Operator) (DSS-3239) or
an approved local equivalent may be used to fulfill this requirement.
(iii) A statement of each applicant's
education, experience and community activities.
(iv) A statement of income of the
applicant(s).
(v) A fire inspection
report, signed and dated within 90 days after the date of submittal, from the
local fire department, building department, code enforcement officer or other
approved local authority.
(vi) A
lab report which meets the standards of the New York State Department of
Health, signed and dated within 90 days after the date of submittal of the
quality of drinking water if a municipal water source is not
available.
(vii) A sketch of floor
plan indicating room usage, bedroom dimensions, location of exits, and interior
stairways and location of smoke detectors and fire extinguishers.
(viii) The name, address and qualifications
of the proposed substitute caretaker(s).
(ix) For substitute caretakers who are
scheduled to provide 20 or more hours of care a week, a statement from a
physician, signed and dated within 90 days after submittal, indicating that the
individual is physically and mentally capable of providing adequate care to
dependent adults. Medical Evaluation (Operator) (DSS-3239) or approved local
equivalent may be used to fulfill this requirement.
(2) Documents shall be submitted to the local
department of social services necessary to check with the Register of
Substantiated Category One Cases of Abuse or Neglect (staff exclusion list)
maintained by Vulnerable Persons' Central Register (VPCR) and the Statewide
Central Register of Child Abuse and Maltreatment of the Office of Children and
Family Services whether the applicant or any person 18 years of age or older
who resides in the home of the applicant is the subject of an indicated child
abuse or maltreatment report on file with the Statewide Central Register of
Child Abuse and Maltreatment or a substantiated report on file with the
VPCR.
(c) Time frame.
(1) All supporting
documentation required to complete the application must be submitted to the
social services district within 120 days after the date of the submittal.
Failure to submit any required supportive documents within the prescribed time
periods may be grounds for denial of the application.
(2) The social services district must submit
the application form, along with a recommendation on public need, the
character, competence and financial viability of the applicant, supporting
documentation, and a Survey ReportFamily-Type Home for Adults (DSS-2867)
conducted within 45 days after the date of submittal along with a
recommendation on approval or disapproval of the application to the department
within 45 days of receipt of a completed application.
(d) The department must, within 90 days of the receipt of the completed application and recommendation by the social services district, make a determination to issue or deny an operating certificate. If, within 225 days of the application date, all of the supporting documentation has not been submitted to the department, the application will be considered to have been withdrawn by the applicant. If the applicant wishes to be certified, a new application and new supporting documentation must be submitted to the social services district.
(e) The department shall issue an operating certificate to all approved family-type home operators. Such certificates shall be subject to the requirements of section 485.5 of this Title.
(f) Renewal.
(1) The department
shall notify the operator and the local department of social services 90 days
before the expiration of the operating certificate.
(2) Within 60 days after the receipt of such
notification, the operator must submit the completed application for renewal
and the documents described in subparagraphs (b)(1)(ii), (iv), (v), (vi) and
(ix) of this section to the social services district in support of the
application.
(3) At least 15 days
prior to the expiration date of the operating certificate, the social services
district must submit the application for renewal form, supporting documentation
and a Survey Report Family-Type Home for Adults (DSS-2867) completed within six
months of the expiration date of the certificate along with a recommendation of
approval or disapproval of the application to the department.
(g) Denial or revocation.
(1) If the department
determines that an application for an initial or renewal operating certificate
should not be approved or that an operating certificate should be revoked,
limited or otherwise modified because of noncompliance with the requirements of
this Part, the department shall give notice to the local district and the
operator and advise the operator of the availability of a hearing in accord
with Part 343 of this Title.
(h) Voluntary closure.
(1) In the event that an operator elects to
close a family-type home and to surrender an operating certificate, written
notice, including a plan for closure, must be given to the local department of
social services at least 120 days before the expected closing date. Such action
must be in accordance with the requirements of subdivision (j) of section
485.5 of
this Title.
(i) Dual certification.
(1) A
facility licensed or certified by another State agency to provide long term
residential care to dependent adults may not be certified as a family-type home
for adults.
(2) A certified
family-type home for adults may not be certified or licensed by another State
agency to provide long term residential care to dependent adults.
(3) A person who is certified as a foster
parent for a child also may be certified as an operator of a family-type home
for adults in order to provide care for a former foster child who is over age
21, but remains in need of personal care and supervision because of a
disability, provided that:
(i) the former
foster child meets the admission standards as set forth in section
489.7
of this Part;
(ii) the home
complies with the appropriate operating provisions of this Part;
(iii) the social services district ensures
that the appropriate district staff are aware of the continued placement of the
individual in the home, that such staff have assessed the impact on any
remaining foster children in the home and have approved of the situation;
and
(iv) unless a waiver of this
subparagraph is issued, the family-type home operating certificate will permit
only one former foster child to be cared for in the home at one time and will
expire when the former foster child moves out of the home.
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