N.Y. Comp. Codes R. & Regs. tit. 18 § 452.8

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

Section 452.8 - Supervision and inspection by the Office

(a) Residential programs for victims of domestic violence are subject to the inspection and supervision of the Office. The purpose of such supervision and inspection is to ensure that such programs are in compliance with all applicable State and local laws and regulations, and to determine that the services provided are adequate, appropriate, and in accordance with the operating certificate.

(b) With the exception of safe home networks, which only must allow the Office access to safe homes under circumstances specified in section 454.11(e) of this Title, residential programs for victims of domestic violence must allow the Office, as specified in subdivisions (c) and (d) of this section, access to any building or property owned, leased, rented, or directly controlled by the program and any books, papers, employees, and residents of the program in order to determine, and if necessary, effect compliance with applicable laws and regulations and with the provider's application and operating certificate. Failure to allow such access constitutes grounds for the limitation, suspension, or revocation of an operating certificate and any individual that intentionally refuses to allow such access to the Office shall be guilty of a misdemeanor pursuant to section 460-c(5) of the Social Services Law.

(c) Inspection means the process of inquiry and investigation and includes periodic announced or unannounced onsite investigations, as set forth in subdivision (d) of this section, private interviews with residents, review and investigation of books and records, compilation of written, photographic or other physical evidence and such collateral contact as the Office deems necessary to determine compliance with applicable laws or regulations. Interviews with residents are voluntary. A resident will be interviewed only when the resident has consented to a private interview.

(1) Access to personally identifying information contained in books and records is permitted only upon informed, written, and reasonably time-limited consent from the resident. Reasonable accommodations must be made for those who may be unable, due to disability or other functional limitation, to provide consent in writing.

(2) Nothing in this section shall prohibit access to books and records containing personally identifying information when a report of child abuse or maltreatment has been made.

(d) The Office may conduct unannounced inspections:

(1) upon the receipt of any complaint involving a residential program for victims of domestic violence which is related to the operation of the program;

(2) in relation to the initial application or a renewal of an operating certificate of any residential program for victims of domestic violence; or

(3) as follow-up to determine whether corrective action has been taken on deficiencies noted during previous inspections.

(4) as follow-up to a report of the occurrence of any reportable incident to the Office including and not limited to: death of resident while in shelter, fire, gas leak, carbon monoxide leak, water main break and/or structural damage to the facility.

(e) Inspections, other than those specified in subdivision (d) of this section, will be conducted upon at least 24-hour notice to the provider of the residential program for victims of domestic violence.

(f) A written report of an inspection will be sent to the provider and will include:

(1) identification of any areas which are in violation of requirements of this Part;

(2) the steps which must be taken to correct any violations; and

(3) the timetable for correction.

Reports of inspection may require immediate corrective action by the provider to protect the health, safety and welfare of residents.

(g) Upon receipt of the report of inspection, the provider must:

(1) correct the violations in accordance with the timetable for correction; or

(2) in the event that correction cannot be completed within the time frame set forth in the report, obtain immediate written approval from the Office to modify the corrective action plan. A request for modification may be denied if the Office has cited conditions which could endanger the health, safety, and welfare of residents. In such cases, admissions to the program will be limited or prohibited until corrective action is implemented.

(h) Failure on the part of the provider to complete corrective action within the time-table specified or approved by the Office will constitute sufficient cause for the Office to limit, suspend or revoke an operating certificate.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 452.8

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