N.Y. Comp. Codes R. & Regs. tit. 18 § 900.8

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

Section 900.8 - Transfer and discharge from shelters for families

(a) Involuntary discharge.

(1) Upon entry to a facility, each family must be advised in writing of the rules of the facility and residents' rights and obligations while residing in the facility. Each family must be advised in writing of the consequences of failing to comply with the rules of the facility, including discharge from the facility and, in certain circumstances, discontinuance of temporary housing assistance.

(2) A facility operator may discharge a family or family member involuntarily from a tier I or tier II facility when the family or family member engages in the following types of conduct or activities:

(i) acts which endanger the health or safety of such person or others;

(ii) acts which substantially and repeatedly interfere with the orderly operation of the facility, including violations of the facility rules;

(iii) unreasonably fails to actively seek or follow up on referrals to housing other than temporary housing;

(iv) unreasonably fails to cooperate in developing, carrying out and completing a service or an independent living plan as required by the social services district;

(v) possesses or sells drugs illegally;

(vi) fails to apply for public assistance benefits within two working days of admission to the facility or to reapply for public assistance benefits within two working days if the family's or family member's case is closed while residing in the facility;

(vii) fails to pay the shelter provider the family's share of the cost of temporary housing in the amount determined by the social services district;

(viii) fails to constitute a family as defined in section 900.2 of this Part and cannot reasonably be expected to constitute a family within 30 days of the date it is determined the resident(s) does not constitute a family;

(ix) is absent from the facility for more than 48 hours without having complied with the facility's rules concerning absences;

(x) fails to comply with public assistance requirements, including, but not limited to, those set forth in section 352.35(e) of this Title, where the failure to comply results in discontinuance of public assistance benefits;

(xi) steals or deliberately destroys property belonging to another resident, staff, shelter visitors, or deliberately destroys shelter property; or

(xii) is no longer medically appropriate to reside in the facility.

(3) Notwithstanding paragraph (2) of this subdivision, in instances where a family's or family member's temporary housing assistance has been discontinued pursuant to section 352.35 of this Title, the facility operator must discharge the family or family member as directed by the social services district.

(4) If the family or family member is currently residing in a tier I or tier II facility, and the family's or family member's temporary housing assistance has not been discontinued pursuant to section 352.35 of this Title, the family or family member may be involuntarily discharged to another tier II facility or similar facility, a tier I facility as appropriate or, if family shelter care is no longer appropriate, to other housing.

(5) A decision to discharge a family or family member involuntarily may be challenged in a pre-discharge hearing conducted by the social services district, or its designee, in accordance with procedures contained in the operational plan approved by the office, unless the family's or family member's temporary housing assistance has been discontinued pursuant to section 352.35 of this Title. If the social services district does not directly operate the tier II facility, it may designate the operator of the facility to conduct such discharge hearings. Where the social services district so designates the operator, it is the operator's responsibility to ensure that such hearings are conducted by an impartial adjudicator. The adjudicator may not be staff or an employee of the facility in which the family or family member resided when the notice of discharge was issued. The adjudicator must not have been a party to the decision to discharge the family or family member, or be subordinate to the person(s) who made the decision. The social services district must monitor hearings conducted by adjudicators pursuant to procedures which have been submitted to, and approved by, the office. If a pre-discharge hearing is requested, and the family's or family member's temporary housing assistance has not been discontinued pursuant to section 352.35 of this Title, the family or family member must be allowed to remain in a tier II facility pending the issuance of the decision after hearing. All decisions must be in writing on a form prescribed by the office.

(6) Unless the family's or family member's temporary housing assistance has been discontinued pursuant to section 352.35 of this Title, no family or family member may be involuntarily discharged until the following procedures are observed:

(i) for families residing in tier II facilities, the family has been given written notice on a form prescribed by the office of the discharge decision and of the reasons therefor; such notice must include a statement that the family or family member has a right to a pre- discharge hearing conducted by the social services district, or the social services district's designee. If any such hearing is requested, such notice must include a statement that the family or family member has the right to remain in the facility pending the issuance of the decision after hearing. Such notice must include a statement that if the family or family member participates in such a hearing and receives an adverse hearing decision, that the family or family member must leave the facility, but may request a fair hearing held under Part 358 of this Title to challenge the discharge decision and a statement describing how such a fair hearing may be obtained;

(ii) the family's need for protective services for adults, preventive services or protective services for children, or for other social services has been evaluated and an appropriate referral has been made if necessary; and

(iii) if criminal activity may have occurred, the appropriate law enforcement agency has been contacted;

(iv) if the family member to be involuntarily discharged is a minor child or the sole parent or caretaker relative of a child under the age of 18, provision for care, services, and support for the minor child and the family has been made consistent with the needs of the child and family; such care, services, and support must be provided in a manner consistent with current statute and regulation, including but not limited to sections 430.9 (appropriate provision of mandated preventive services) and 430.10 (necessity of placement) of this Title.

(7) A family or family member who has been involuntarily discharged from a tier II facility and who has requested and participated in a hearing as described in paragraph (6) of this subdivision may, after such discharge, request a fair hearing from the office under Part 358 of this Title to review the decision to discharge, unless the family's or family member's temporary housing assistance has been discontinued pursuant to section 352.35 of this Title. If the family or family member's temporary housing assistance has been discontinued pursuant to section 352.35 of this Title, such family or family member may request a fair hearing in accordance with section 352.35(h) of this Title.

(8) A family or family member who has requested a fair hearing as described in paragraph (7) of this subdivision and who is found by the fair hearing decision to have been wrongfully discharged from the facility must be offered an opportunity to return to the tier II facility from which the family or family member was discharged as soon as an appropriate vacancy becomes available. No such opportunity may be offered if the family or family member no longer meets the requirements for residency in a tier II facility as set forth in section 900.6(f) of this Part or if the family or family member has obtained permanent housing.

(9) A family or family member may be involuntarily discharged from a tier II facility without being provided a hearing as described in paragraphs (6) and (7) of this subdivision to review the discharge if the basis for the discharge is that the family or family member is no longer medically appropriate to reside in the facility, as determined by qualified medical personnel, the family or family member's temporary housing assistance has been discontinued pursuant to the provisions of section 352.35 of this Title or, the family or family member has been absent from the facility for more than 48 hours without having complied with the facility's rules concerning absence and has not been readmitted to the facility. The 48-hour period begins at the start of the period of the unauthorized absence. A written record of all unauthorized absences must be maintained by the facility: A family or family member who is being discharged without being provided a hearing pursuant to paragraph (6) of this subdivision must be provided, in writing, with the reason for discharge.

(10) After receiving notification from the social services district of its intention to discontinue temporary housing assistance pursuant to the provisions of section 352.35 of this Title, a family or family member may not be involuntarily discharged pursuant to the provisions of this subdivision without the approval of the social services district.

(b) Transfers from tier II facilities.

(1) A family or family member residing in a tier II facility may be transferred to another tier II facility or to a hotel or motel regulated in accordance with section 352.3(e) through (h) of this Title only if one of the following conditions exists:

(i) the family has requested such a transfer and provided a reason and justification for their request, and appropriate space is available for the family. Such transfer is at the discretion of the local social services district;

(ii) a family member has a systemic communicable disease, illness, or readily communicable local infection which cannot be properly isolated or quarantined in the family's current tier II residence which necessitates a transfer to a facility which has been designed in whole or in part to serve such conditions; or

(iii) a family member has a medical, physical, or other special need which cannot be adequately served in the family's current tier II facility.

(2) Except as provided in this section, families may not be transferred from a tier II facility except to a permanent housing arrangement.

(c)

(1) Whenever a family member is to be transferred or discharged, the social services district must ensure that the action to be taken is appropriate to the health, safety, and needs of that family member and the family. Such action may include referral to appropriate medical services, child welfare agency, adult protective or law enforcement agency, or similar entity. All reasonable efforts must be made to keep the family intact.

(2) Prior to any transfer or discharge of a family member pursuant to subdivision (a) or (b) of this section other than a discharge based upon a discontinuance of temporary housing assistance as provided for in section 352.35 of this Title, social services district staff must advise the remaining family members of all housing options available to them. Such options may include:

(i) transfer of all or part of the family along with the family member;

(ii) continued housing of the remaining family members in their current facility, provided that the remaining family members constitute a family as defined in this Part; or

(iii) placement in other types of facilities.

(d) If, as a result of the transfer or discharge of a family member from a facility, the family members remaining in the facility no longer constitute a family as defined in this Part, the local social services district must make appropriate arrangements for those persons to be housed elsewhere in accordance with subdivision (c) of this section and with all other applicable provisions of this Title, unless such discharge is based on a discontinuance of temporary housing assistance pursuant to section 352.35 of the Title.

(e) Involuntary discharge from congregate shelters for homeless pregnant women.

(1) When a resident engages in conduct which endangers the health or safety of such resident or others, repeatedly behaves in a manner which substantially interferes with the orderly operation of the shelter or is diagnosed as having a generalized systemic communicable disease or a readily communicable local infection, the social services district must discharge the resident to an appropriate alternate living arrangement, unless such resident's temporary housing assistance is discontinued pursuant to section 352.35 of this Title. Such arrangements are defined for the purposes of this Part as being permanent housing, a hotel/motel, a tier II facility or other similar facility. A resident also may be discharged to another congregate shelter for homeless pregnant women, unless the basis for discharge is that the resident has been diagnosed as having a generalized systemic communicable disease or a readily communicable local infection.

(2) No resident may be discharged involuntarily until the following procedures have been followed:

(i) the resident has been given written notice of the discharge and the reasons for the discharge. Additionally, residents who are to be discharged for endangering others or substantially interfering with the orderly operation of the shelter must be notified that they have the right to request a facility hearing to challenge the discharge and if a hearing is requested, must be advised of the right to remain in the shelter pending the issuance of the decision after the hearing;

(ii) a resident's need for protective services for adults has been evaluated, and an appropriate referral has been made, if necessary; and

(iii) if criminal activity may have occurred, the appropriate law enforcement agency has been contacted.

(3) The district must maintain a written record of all involuntary discharges.

(f) Automatic discharge from congregate shelters for homeless pregnant women. A resident will be deemed to be automatically discharged:

(1) when the resident gives birth to her child;

(2) the pregnancy is terminated; or

(3) when the resident leaves the shelter prior to the completion or termination of her pregnancy.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 900.8