N.Y. Comp. Codes R. & Regs. tit. 18 § 448.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 448.5 - Procedure for initiation of group home program

(a)Private child-caring agency.

(1) An authorized private child-caring agency which plans to initiate a group home program must submit written notification to the department in duplicate, of its intention and of its compliance with section 448.2 of this Part.

(2) An agency may not proceed with the development of such program until the agency has received a written statement from the department that, from the information presented, it is in compliance with section 448.2 of this Part.

(3) At least 15 days prior to the opening of a group home, the agency must submit a report to the department, in duplicate, detailing its compliance with section 448.3 of this Part. The report must include a diagram of the floor plan of the home, showing the dimensions and use of each room, the capacity of each sleeping room, and the locations of the following: toilet and bath fixtures; kitchen and laundry equipment; heating equipment; fire and smoke detection and alarm devices or systems; other fir protection equipment; and all means of egress. Reports as to continued compliance may be required periodically by the department. The report must also include specific documentation of the agency's compliance with section 448.3(b)(5) and (c)(1) of this Part.

(4) An agency may not open a group home until it has received:

(i) a written statement from the department that, from the information presented, the planned group home is also in compliance with section 448.3 of this Part; and

(ii) an operating certificate for a group home program issued by the department pursuant to Part 477 of this Title.

(5) An agency which plans to establish a group home within a municipality must notify the chief executive officer of the municipality in writing of its intentions. Such notice must include a description of the nature, size and the community support requirements, if any, of the program. For purposes of this subdivision, municipality means an incorporated village, if the facility is to be located therein; a town, if the facility is to be located therein and not simultaneously within an incorporated village; or a city, except that in the City of New York the community board with jurisdiction over the area in which such group home is to be located is considered the municipality.

(6) A social services official who plans to establish a group home within a municipality must notify the chief executive officer of the municipality in writing of his or her intentions. Such notice must include a description of the nature, size and the community support requirements, if any, of the program. For purposes of this subdivision, municipality means an incorporated village, if the facility is to be located therein; a town, if the facility is to be located therein and not simultaneously within an incorporated village; or a city, except that in the City of New York the community board with jurisdiction over the area in which such group home is to be located is considered the municipality.

(b)Public social services agency.

(1) A social services official who plans to initiate a group home program must make application in writing to the department for authority to operate a group home program stating, in accordance with section 374-c of the Social Services Law, why such program is needed and that suitable care is not otherwise available for the children under care of such official.

(2) A social services official authorized to operate a group home program must submit written notification to the department in duplicate, of his/her compliance with section 448.2 of this Part.

(3) A social services official may not proceed with the development of such program until such official has received a written statement from the department that, from the information presented, the planned group home program is in compliance with section 448.2 of this Part.

(4) At least 15 days prior to the opening of a group home, the social services official must submit a report to the department in duplicate of the home's compliance with section 448.3 of this Part. The report must include a diagram of the floor plan of the home, showing the dimensions and use of each room, the capacity of each sleeping room, and the locations of the following: toilet and bath fixtures; kitchen and laundry equipment; heating equipment; fire and smoke detection and alarm devices or systems; other fire protection equipment; and all means of egress. Reports as to continued compliance may be required periodically by the department. The report must also include specific documentation of compliance with the provisions of section 448.3(b)(5) and (c)(1) of this Part.

(5) A social services official may not open a group home until such official has received:

(i) a written statement from the department that, from the information presented, the group home is in compliance with section 448.3 of this Part; and

(ii) an operating certificate for a group home program issued by the department pursuant to Part 477 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 448.5

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015