Current through codified legislation effective September 18, 2024
Section 4-754.34 - Transfer of clients(a) A provider may transfer a client to another provider to ensure the client receives the most appropriate services available within the Continuum of Care whenever: (1) The client consents to the transfer;(2) The provider identifies and secures for the client a placement with another provider that more appropriately meets the client's medical, mental health, behavioral, or rehabilitative service needs in accordance with the client's service plan;(2A) The client is no longer eligible to receive services from the provider's program, as determined in accordance with § 4-753.02 (b-1); or (3) The client is a non-LGBTQ-identified youth occupying a bed established pursuant to § 4-755.01(c)(1) and an LGBTQ-identified homeless youth has presented a need for shelter.(b)(1) In addition to the circumstances under which a client may be transferred as described in subsection (a) of this section, a provider may transfer a client when: (A) A client fails or refuses to comply with the provider's Program Rules and the client responsibilities listed in § 4-754.13, or engages in any of the behaviors listed in § 4-754.36(a)(2); provided, that:(i) The client has received proper notice of the Program Rules, client responsibilities, and prohibited behaviors, as required by § 4-754.33; and(ii) The provider has made a good-faith effort to enable the client to comply with the Program Rules so that the client is able to continue receiving services without a transfer; or(B) A provider is unable to continue operating a program due to loss of funding or loss of control of the facility for circumstances beyond the control of the Department.(2) A transfer pursuant to paragraph (1)(B) of this subsection shall be to a program with a vacancy that best meets the client's medical, mental health, behavioral, or rehabilitative service needs in accordance with the client's service plans, the District's centralized or coordinated assessment system protocol, and the procedures in this section.(c) Transfers of clients under this section can be made through direct arrangements with other providers within the Continuum of Care or through coordination with the central intake center established pursuant to § 4-753.02(c)(1). Such efforts shall be documented by the provider in the client's records.Oct. 22, 2005, D.C. Law 16-35, § 20, 52 DCR 8113; May 3, 2014, D.C. Law 20-100, § 2(j), 61 DCR 1873; Feb. 28, 2018, D.C. Law 22-65, § 2(w), 65 DCR 331.