Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICESChapter II - Regulations of the Department of Social ServicesSubchapter C - Social ServicesArticle 2 - Family and Children's Services
Part 440 - PROGRAMS FOR YOUTH WHO HAVE BEEN OR ARE AT-RISK OF SEX TRAFFICKING
Section 440.5 - Other Applicable Standards

N.Y. Comp. Codes R. & Regs. tit. 18 § 440.5

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 440.5 - Other Applicable Standards
(a) An institution, group home or agency boarding home holding an operating certificate from the Office as a facility in which this program type will operate shall comply with all standards otherwise applicable to such facility pursuant to this Title, except where there is a conflict between the standards in this Part and standards set forth elsewhere in this Title, in which case the standards set forth in this Part shall apply. Placements into these facilities and any changes in the placement of such youth shall be subject to all applicable provisions of the Family Court Act, section 404 of the Social Services Law, and all other applicable provisions of law in addition to the requirements of this Part.
(b) Office staff performing official functions shall have full access at all times to the grounds and buildings of these programs and facilities, the staff and residents, and any records of the facility in whatever form the records are maintained, including electronic and video records. The Office may require from the persons and/or agency operating the facility and/or program any information or documents the Office deems necessary for the discharge of the Office's oversight of the facility and/or program.
(c) A group home, agency boarding home or institution holding an operating certificate from the Office as a facility in which this program type will operate shall be subject to and must comply with the requirements as set forth in Part 433 of this Title.
(d) A group home, agency boarding home or institution holding an operating certificate from the Office as a facility in which this program type will operate shall be subject to and must comply with the requirements set forth in Part 441 of this Title and, as applicable to the type of facility, Parts 442, 447 or 448 of this Title.
(e) Records of youth in a facility in which this program type will operate or receive programming as defined in this Part shall be maintained in the form and manner required by the Office, including but not limited to maintenance of those records required by the Office to be maintained in the system of record in the same manner as records for youth in foster care under the Social Services Law and Part 428 of this Title.
(f) Records concerning youth in these facilities or receiving this programming are confidential and shall be subject to the provisions of section 372 of the Social Services Law and any other applicable provisions of law concerning the confidentiality of records. Information that could reasonably identify a youth as being in such a program or facility shall not be released by the Office, a social services district, or an authorized agency, expect as otherwise provided by law.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 440.5

Adopted New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022