(a) A
family care provider shall comply with the provisions of this Part, other
applicable laws and other applicable regulations of the commissioner.
(b) A family care provider shall make such
reports as may be required by OPWDD and in the form and format acceptable to
OPWDD.
(c) A family care provider
shall cooperate with the commissioner or his or her authorized representative
in any inspection or investigation by OPWDD.
(d) A family care provider shall permit an
authorized representative(s) of OPWDD to inspect the family care home and all
books and records, including financial records and records on individuals kept
by the family care provider.
(e) A
family care provider shall permit an authorized representative(s) of OPWDD to
interview and examine any individual in the family care home, except that no
individual may be examined against his or her will.
(f) A family care provider shall provide
adequate and humane care for all individuals residing in the family care
home.
(g) A family care provider
shall comply with the family care manual policies and updates to such policies
promulgated by OPWDD. The purpose of the manual is to enable a family care
provider to have access to guidelines for the day-to-day operation of the
family care home and information as to the family care provider's relationship
with OPWDD. The sponsoring agency must ensure every family care provider is
aware of and has access to the family care manual.
(h) A family care provider shall ensure that
the expenditure of any monies provided through OPWDD for:
(1) replacement of necessary clothing
belonging to the individuals;
(2)
personal requirements and incidental needs of the individuals;
(3) recreational and cultural activities of
individuals; and the maintenance of records are in conformance with the
procedures established by OPWDD, subject to the approval of the State
Comptroller.
(i) A
family care provider shall maintain an individual's personal allowance account
in conformance with the requirements set forth in the Social Services Law and
Part 633 of this Title.
(j) A
family care provider shall contribute toward the development and implementation
of the individual's total plan of care.
(k) A family care provider shall provide a
family atmosphere of acceptance, kindness and understanding, and endeavor to
give each individual the support, attention and recognition that facilitates
adjustment to the home and promotes an individual's development.
(l) A family care provider shall reside in
the same home with the individuals.
(m) A family care provider shall ensure that
individuals are not physically or psychologically abused.
(n) A family care provider shall participate
in such training as is determined to be necessary by OPWDD to meet the needs of
the individuals residing in the family care home.
(o) A family care provider shall develop a
fire evacuation plan which shall be practiced periodically.
(p) The following procedures and requirements
apply when any party who is 18 years of age or older (except for an individual
receiving family care services) begins to reside in the family care home, and
when a current resident (except for an individual receiving family care
services) reaches the age of 18 years:
(1) The
family care provider shall request that the sponsoring agency obtain background
checks prior to or when such party begins to reside in the family care home or
reaches the age of 18 years. The requested background checks include:
(i) a check of the staff exclusion list (SEL
check) pursuant to section
633.24
of this Title;
(ii) a criminal
history record check pursuant to section
633.22
of this Title; and
(iii) a check of
the Statewide Central Register of Child Abuse and Maltreatment (SCR check)
pursuant to section
633.24
of this Title.
(2) The
family care provider shall ensure the provision, to the sponsoring agency, of
information and fingerprints from the subject party, in the form, format and
manner specified by the Justice Center as necessary to conduct the criminal
history record check, and any other information as may be necessary to conduct
the other background checks.
(3)
Reserved
(4) The sponsoring agency
shall ensure the provision of all required statements/information/fingerprints
no later than five business days after the subject party becomes a resident or
attains the age of 18 years.
(5) If
the statement includes a conviction for a misdemeanor or felony, or a pending
criminal charge, the sponsoring agency shall evaluate whether the safety of any
people receiving family care services could be compromised by the party's
continued residency and shall take appropriate steps to protect the safety of
the person(s) receiving services.
(6) The sponsoring agency shall request:
(i) an SEL check;
(ii) a criminal history record check;
and
(iii) an SCR check.
(7) If the Justice Center issues a
denial or directs the sponsoring agency to issue a denial for a current family
care provider or current adult household member, or if the potential household
member begins to reside in the family care home, the sponsoring agency shall
follow the requirements of section
633.22(h)(2)
of this Title. If the Justice Center issues a denial or directs the sponsoring
agency to issue a denial for a potential household member, family care provider
shall not permit the subject party to reside in the family care home.
(8) If a criminal history record check was
conducted concerning a party (other than the family care provider) and the
party does not move into the family care home or permanently moves out of the
family care home, the family care provider shall notify the sponsoring agency
and the OPWDD in writing within 72 hours of the occurrence. The sponsoring
agency shall notify the Justice Center within 14 days of the occurrence, in the
form, format and manner required by the Justice Center.
(q) The family care provider shall notify the
sponsoring agency and OPWDD of the identity and ages of all residents of the
family care home, and shall notify the sponsoring agency and OPWDD when any
changes occur in the residents of the family care home within 72 hours after
the change.
(r) The family care
provider shall notify the sponsoring agency and OPWDD when the provider or any
resident of the family care home has been placed under arrest or is charged
with a crime within 72 hours of the event.
(s) For the purposes of this section, college
students who attend college but reside part of the year at the family care home
shall be considered to reside in the family care home.
(t)
Respite/substitute providers -
background checks.
The same requirements related to background checks which are
established for family care providers and family care household members are
applicable to family care respite/substitute providers and, if respite is
provided in the home of the respite/substitute provider, for adult household
members. Required background checks include criminal history record checks, SEL
checks and SCR checks. Sponsoring agencies shall deny an application to be a
family care respite/substitute provider if the Justice Center directs the
sponsoring agency to issue a denial based on the results of any criminal
history record check.