Current through Register Vol. 46, No. 39, September 25, 2024
(a) In no event may a family be kept in a
tier I facility for more than 21 days, unless the conditions set forth in
subdivision (b) of his section are met. On or before the 21st day, a family
residing in a tier I facility must be referred to permanent housing, to a tier
II facility, or to a hotel or motel accommodation regulated in accordance with
section
352.3(e) through
(h) of this Title. Such referral must be made
to the best available setting, based on the availability of space and the needs
of the family as determined by the local social services district. Any referral
must be made in light of the community ties and educational needs of the family
and the children in the family. Once such a referral has been made, a family
cannot be subsequently referred to a tier I facility except under the following
circumstances:
(1) the family moved to
permanent housing but has returned to the shelter system;
(2) the family's hotel/motel placement was
terminated by the local district in accordance with the procedures established
by and upon the grounds established by the district, the procedures and grounds
have been approved by the department and the family has returned to the shelter
system; provided, however, a family may not e be subsequently referred to a
tier I facility from a hotel/motel when the family's residency at the
hotel/motel ends because the hotel/motel accepted the family for a time limited
period;
(3) the family consists of
a childless couple which has requested to remain together and which was a
legally married couple or a couple who were residing together as a household
prior to and at the time they became homeless; or
(4) in accordance with section
900.8
of this Part.
(b) A
family may be housed in a tier I facility for more than 21 days only if:
(1) the family consists of a childless couple
which has requested to remain together and which was a legally married couple
or a couple who were residing together as a household prior to and at the time
they became homeless; or
(2) the
family was placed in a tier I facility after being involuntarily transferred
from a tier II facility in accordance with the terms of section
900.8
of this Part; or
(3) the family was
placed in a tier I facility after their hotel status was terminated by the
local district in accordance with procedures established by and upon the
grounds established by the district and such procedures and grounds have been
approved by the department; or
(4)
prior to the 21st day the district has certified to the department in writing
that no space is available in permanent housing, in a tier II facility or in a
hotel or motel meeting the requirements of section
352.3(e) through
(h) of this Title. The district must use its
best efforts to obtain a placement for the family, and document these efforts
in the case file kept for the family. In addition, the family must be provided
with the services specified in section
900.10(c)
of this Part which such family would have received in a tier II facility if the
family could have been placed in such a facility. The local district shall
document the provision of such services in the family's case file;
and
(5) where a family is kept in a
tier I facility for more than 21 days in accordance with paragraph (4) of this
subdivision, the maximum reimbursement for such family is the rate established
for a placement in a hotel or motel.
(c) A family which has left a tier I facility
on its own for other housing and returns to the shelter system may be referred
to a tier I facility if the family has never been referred from a tier I
facility to permanent housing, to a tier II facility or to a hotel or motel
accommodation regulated in accordance with section
352.3(e) through
(h) of this Title.
