Current through Register Vol. 46, No. 39, September 25, 2024
(a) The facility must promulgate reasonable
resident rules governing day-to-day life and activities in the facility and
post these rules in a location accessible to residents and visitors.
(b) Upon admission, families must be provided
with a copy of the facility rules setting forth their rights and
responsibilities while residing in the facility.
(c) At a minimum, the facility must afford
each resident the following rights and protections which will be set forth in
the resident rules:
(1) the right to remain
in the facility and not to be involuntarily transferred or discharged except as
provided in this Part;
(2) the
right to receive visitors in designated areas of the facility during reasonable
hours as specified in the resident rules;
(3) the right to exercise one's civil
rights;
(4) the right to religious
liberty;
(5) the right to have
private written and verbal communications including the right to meet with
legal representatives and legal counsel. The resident rules must not restrict
access by legal representatives and legal counsel to any areas of the facility.
Any requirements as to prior notice, hours of access, or access to private
family areas shall be set forth in the resident rules;
(6) the right to present grievances on one's
own behalf, or on behalf of other residents, to the operator or operator's
designee and/or to the local social services district without fear of
reprisal;
(7) the right to manage
one's own financial affairs;
(8)
the right to confidential treatment of personal, social, financial and medical
records;
(9) the right to receive
courteous, fair and respectful care and treatment;
(10) the right to be free from restraint or
confinement;
(11) the right to
receive and send mail or any other correspondence without interception or
interference; and
(12) the right to
leave and return to the facility and grounds at reasonable hours in accordance
with the rules of the facility.
(d) The resident rules must inform families
of the obligations upon which their continued residence in the shelter depends.
Such rules must clearly set forth families' obligations concerning compliance
with the resident rules and the sanctions for noncompliance. At a minimum,
rules concerning the following family obligations must be set forth in the
resident rules:
(1) applying for Emergency
Assistance to Needy Families with Children, Family Assistance, Safety Net
Assistance, Veteran Assistance, Emergency Assistance to Aged, Blind or Disabled
Persons or Supplemental Security Income, whichever is applicable, if the family
is not currently in receipt of benefits under such programs and an application
for such benefits is not pending;
(2) developing, carrying out and completing a
service or independent living plan with facility or district staff to achieve
permanent housing and reviewing such plan with facility staff at least
biweekly;
(3) seeking and accepting
permanent housing;
(4) seeking and
accepting employment;
(5) ensuring
school attendance of school-age children in their family;
(6) supervising minor family
members;
(7) utilizing child care
provided through the facility when such care is necessary to enable the parent
or caretaker relative to seek employment and/or permanent housing or to attend
school or training;
(8) maintaining
the cleanliness of their own sleeping and living areas, including bathroom and
cooking areas, if any, as well as laundering and changing linens and towels
regularly if required by facility staff;
(9) using communal areas
appropriately;
(10) notifying
facility staff of any illnesses of each member of the family;
(11) for residents in congregate shelters for
homeless pregnant women, participating in a prenatal care services
program;
(12) cooperating with the
district and facility staff in an assessment of the family's housing and
housing-related public assistance and care needs;
(13) refraining from engaging in acts which
endanger the health and safety of oneself or others, or which substantially
interfere with the orderly operation of the facility;
(14) complying with all public assistance
requirements that apply to the family; and
(15) paying to the facility the family's
share of the cost of temporary housing in the amount determined by the
district.