(a)
Involuntary discharge.
An operator of a shelter for adults, a small-capacity
shelter, or a shelter for adult families, with approval of the social services
district, may discharge an individual resident and/or adult family under the
terms set forth in the facility rules or when the resident individual's or
family's failure to comply with public assistance and care requirements,
including those set forth in section
352.35
of this Title, has resulted in sanctions being imposed by the social services
district, or when the social services district has determined the resident
individual or family to be ineligible and has discontinued or denied temporary
housing assistance.
(1) A decision to
involuntarily discharge an individual resident or adult family residing in any
shelter for adults, small-capacity shelter, or shelter for adult families
involuntarily may be challenged in a fair hearing requested pursuant to Part
358 of this Title, and the individual resident or adult family may have the
right to receive aid continuing pursuant to section
358-3.6
of this Title if a fair hearing is requested in timely fashion.
(2) An individual resident or adult family
may not be involuntarily discharged from a shelter for adults, small-capacity
shelter, or shelter for adult families until the following procedures are
observed:
(i) the individual resident or
adult family has been given written notice on a form prescribed by the office
of the discharge decision and of the reasons therefor, which shall include a
statement that the individual resident or adult family may request a fair
hearing in which to challenge the discharge decision, and shall describe how a
fair hearing may be requested and obtained;
(ii) the individual resident or adult
family's need for protective services for adults, preventive services, 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.
(3) An
individual resident or adult family who has requested a fair hearing and who is
found by the fair hearing decision to have been wrongfully discharged from a
shelter for adults, a small-capacity shelter, or a shelter for adult families
must be offered an opportunity to return to the facility from which the
individual resident or adult family was discharged as soon as an appropriate
vacancy becomes available. No such opportunity may be offered if the individual
resident or adult family no longer meets the requirements for residency in a
shelter for adults, a small-capacity shelter, or a shelter for adult families
or if the individual or family has obtained permanent housing.
(4) After receiving notification from the
social services district of the social services district's intention to
discontinue temporary housing assistance pursuant to the provisions of section
352.35
of this Title, an individual resident or adult family may not be involuntarily
discharged pursuant to the provisions of this subdivision without the approval
of the social services district.
(b)
Involuntary transfers.
An individual resident or an adult family residing in any
shelter for adults, small-capacity shelter, or shelter for adult families may
be transferred upon at least 48 hours advanced written notice to another
appropriate shelter facility, provided, however, that such 48 hours advanced
written notice shall not be required where a delay will pose a risk to the
health or safety of such individual or adult family, or to others in the
facility. In the event of transfer to a health, mental health or other
facility, the operator shall send identifying information and identification of
the resident's representative and physician, if available.
(c) At the time of discharge or transfer, but
in no case more than 72 hours after leaving the facility, the resident,
representative or other appropriate individual or agency shall be:
(1) provided a final written accounting of
any resident accounts;
(2) provided
a check for the outstanding balance, if any; and
(3) returned any monies, property or things
of value held in trust or in custody by the operator.
(d) The operator shall return to the
resident, representative or other appropriate individual or agency any monies,
property or items of value which come into the possession of the operator after
discharge or transfer.
(e) Upon the
death of a resident, a final statement of the resident's accounts shall be made
and all remaining funds, property or items of value shall be transferred to the
resident's estate or to the appropriate State or local authority.
(f) The social services district must
maintain a written record of all discharges and involuntary
transfers.