N.Y. Comp. Codes R. & Regs. tit. 18 § 452.12

Current through Register Vol. 46, No. 25, June 18, 2024

Section 452.12 - Emergency Core Services

Emergency services. In addition to the provision of temporary shelter at the facility, which must be available on a 24-hour basis, seven days a week, including weekends and holidays, the following emergency services must be offered and provided directly by the residential program or, in the case of medical services, through a linkage agreement. Acceptance of any service on behalf of the resident is voluntary.

(a) Hotline services: The provision of immediate live assistance to victims of domestic violence through a telephone hotline which provides crisis intervention counseling and information and referral, and referrals to other available residential programs when the facility is filled to capacity.

(1) Such telephone hotline assistance must be made available on a 24-hour basis, seven days a week, including weekends and holidays.

(2) Admissions into domestic violence shelters and mixed occupancy shelters must be available on a 24-hours basis, seven days a week, including weekends and holidays.

(3) Admissions to safe homes and safe dwellings will be determined by the safe home network and domestic violence sponsoring agency's policies and may be limited to regular business hours.

(4) Compensated employees or volunteers responsible for the provision of such services must be knowledgeable about the dynamics of domestic violence intervention, facility services and the availability of community resources.

(b) Information and referral which means:

(1) providing information about and referral to community services and programs which are available to meet the individual needs of residents. Referrals to such services must be made available to residents on a daily basis during regular business hours; and

(2) maintaining and making accessible to all residents a list of community services and programs which may be reasonably requested by victims of domestic violence, their minor children and other dependent family members.

(c) Advocacy, which means the provision by a program of liaison services or active intervention with community resources and services on behalf of a resident.

(1) Advocacy services must be made available to residents on a daily basis during regular business hours.

(2) Services must include and are not limited to, assistance in accessing legal services, remedies and protections; obtaining medical care, social services, employment and housing; and obtaining and submitting public assistance applications where appropriate.

(3) Compensated employees or trained volunteers responsible for advocacy services must be knowledgeable about community services and agencies, and the rights of victims of domestic violence to obtain necessary services and assistance.

(d) Counseling refers to crisis intervention, emotional support, guidance and counseling services provided by advocates, case managers, counselors or mental health professionals. Counseling may occur in person or by telephone. Counseling must address the needs identified by the resident. Such needs include and are not limited to:

(1) options available to enhance a resident's safety and the safety of their minor children as applicable;

(2) information to enhance a resident's understanding of domestic violence; and

(3) informing residents of the legal, financial, and housing options; available to them.

(e) Children's services include the following, which may be delivered in collaboration with the parent receiving services:

(1) making appropriate arrangements to, provide for the education of school- aged children in compliance with article 65 of the New York State Education Law, part 1, section 3201 et seq.;

(2) assisting parents, as needed, in arranging care for their children when such care is necessary to enable the parent to seek employment, housing and/or services or activities necessary to alleviate the parent's need for temporary shelter and emergency services;

(3) offering age appropriate recreational and social activities on a daily basis during regular business hours for children residing in the facility; and

(4) offering and providing appropriate counseling services to children residing in the facility.

(f) Support groups which means a group of people who have similar experiences and concerns related to domestic violence, and who meet to provide emotional help, advice and encouragement for one another.

(1) Support groups must be made available to residents at least once each week.

(2) Such groups must be coordinated by a qualified employee or trained volunteer and must not replace individual counseling when requested by the resident.

(g) Transition planning which means the program:

(1) prior to a resident's planned departure from the facility, efforts are made to involve the resident in discussions on available community services and programs which may assist the resident in carrying out their intended future plans upon departure. Such transitional plan may include, and are not limited to, counseling services, employment or training services, educational services, legal services, medical services, day care and housing services. Any referrals to other residential programs for victims of domestic violence must be documented in the resident's case record; and

(2) recognizing every resident's need for safety and confidentiality and contacting residents after departure only when the residents have given prior written approval. Such approval must be documented in the resident's case record. Nothing in this subparagraph mandates the participation of the resident in transitional planning.

(h) Medical services which means:

(1) The program having an established linkage, documented by a letter of agreement, with a fully accredited medical institution or clinic or with qualified medical personnel, which include a physician, physician's assistant or nurse practitioner, for the referral of residents for health examinations where necessary, and follow-up visits.

(2) When a referral for additional screening for physical examination, laboratory and tuberculin tests, inoculations and other appropriate treatment has been made, the program must assist the resident in arranging for such treatment when requested by the resident.

(i) Transportation which means the program:

(1) to the extent possible, arranging for transportation to the facility in an emergency; and

(2) to the extent possible, making transportation available to residents in order for the residents to secure legal, medical, housing, employment, or public assistance services or assist residents to obtain available public or private transportation where possible.

(j) Community education/outreach which means the provision of educational activities by the program to the community on the need for and benefits of domestic violence services, the dynamics of domestic violence, and prevention of domestic violence by making presentations, distributing written materials, and utilizing the media.

(1) When there is more than one agency in the community providing residential and/or non-residential services to victims of domestic violence, a residential program must make an effort to coordinate its community education/outreach activities with these other agencies such that to avoid potential conflict of activities.

(2) The availability of program services must be made known to police agencies, courts, hospital personnel, and local social services districts.

(3) A segment of such community education/ outreach must be focused on informing victims of domestic violence about existing services.

(4) To ensure the safety of persons receiving services for victims of domestic violence and the confidentiality of their identities, the community education/outreach activities must not identify the location where residential services for victims of domestic violence are provided.

(k) Language access services which means providing interpretation and translation services of information for limited and/or non-English speaking victims of domestic violence.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 452.12

Adopted New York State Register April 1, 2020/Volume XLII, Issue 13, eff.4/1/2020