N.Y. Comp. Codes R. & Regs. tit. 18 § 408.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 408.4 - Program eligibility

(a) General requirements.

(1) Persons will be eligible for admission to a residential program for victims of domestic violence when:

(i) such person is seeking temporary shelter; and

(ii) such person is a victim of domestic violence.

(2) A former resident of a residential program will be eligible for readmission to a residential program if such person meets the requirements specified in paragraph (1) of this subdivision as a result of the occurrence of a new domestic violence incident after the victim had departed from the previous residential program.

(b) Method of determining eligibility pursuant to 408.4 of this Part.

(1)

(i) A person will be deemed eligible for admission to a residential program for victims of domestic violence when such person provides information that he or she is a victim of domestic violence as defined by section 408.2(i) of this Part and is seeking temporary shelter, emergency services and care. The person may provide verbal or documentary information to establish such eligibility. Once information establishing that the person is a victim of domestic violence and is seeking temporary shelter, emergency services and care is provided as required in this subparagraph, the social services district may not require the provision of any additional information for the purpose of determining eligibility.

(ii) When a person goes directly to a residential program, the residential program will be responsible for determining the person's initial eligibility.

(iii) When a person goes directly to a social services district, the district will be responsible for determining a person's initial eligibility or for referring the person to a residential program for an eligibility determination.

(2) Persons deemed eligible for admission to a residential program must also meet any additional admission criteria established by the residential program.

(c) Notification of eligibility determinations.

(1) When a residential program determines that a person is eligible for admission and admits such person into the program, it must provide notice [by telephone] of such admission to the social services district where the person resided at the time of the domestic violence incident. Such notice must be given on or before the first working day following admission; provided, however, that personally identifying information may only be disclosed to a social services district if the program has received written, informed and time-limited consent from the victim of domestic violence and head of household to share that information. If the residential program is not located in the social services district in which the victim of domestic violence resided at the time the domestic violence incident occurred, the person may submit an application for public assistance and care to the district in which the program is located. In such a case, notice [by telephone] of admission must also be given by the residential program to the social services district in which the residential program is located on or before the first working day following such admission. The social services district in which the residential program is located must forward the completed application, within five days of its receipt, to the social services district in which the person resided at the time of the domestic violence incident in accordance with section 311.4(b) of this Title.

(2) Each social services district must designate a representative to receive notices of admissions made by residential programs pursuant to paragraph (1) of this subdivision and to serve as the liaison to the residential programs on any payment or program issues relating to the admission of victims of domestic violence.

(3) When a social services district receives notice that a person who is a victim of domestic violence for whom it is financially responsible pursuant to section 408.5 of this Part has been admitted into a program located in another social services district, the social services district in which the domestic violence incident occurred must inform the person of any bed available in a residential program located within such district, regardless of whether a contract exists between such district and the residential program. The person may choose whether or not to return to the social services district in which the domestic violence incident occurred in order to obtain services from a residential program within that district.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 408.4

Amended New York State Register October 2, 2019/Volume XLI, Issue 40, eff. 10/2/2019