Residential programs shall operate as follows:
(a)
Hours of operation.
Programs shall be available to youth seeking services 24
hours per day.
(b)
Intake.
(1) Youth and families
shall have access to services immediately, with a minimum of intake procedures.
Programs shall not accept or retain any youth who:
(i) is likely to cause danger to
himself/herself or others or to substantially interfere with the health,
safety, welfare or care of other residents;
(ii) is in need of a level of medical, mental
health, nursing or other assistance that cannot be reasonably provided through
the resources available to the program; or
(iii) consistently refuses to comply with the
policies, procedures and rules of the program, after all reasonable efforts are
made and documented by program staff to assist the youth in adjusting to
program requirements.
(2) A youth under the age of 16 years shall
be placed in a runaway and homeless youth shelter designated to serve youth
over the age of 16 years only on an emergency and exceptional basis, for a
period not to exceed 72 hours, when no other suitable arrangements for such
youth may be made.
(c)
Parental notification.
(1)
Preferably within 24 hours, but not more than 72 hours after admission of a
youth under the age of 18 years to an approved runaway program, the program
staff and/or volunteers shall, to the maximum extent possible, provide
notification of the youth's presence in the program to the parent, guardian or
legal custodian with whom the youth last resided, or in whose custody the youth
was most recently placed, prior to admission to the approved runaway program.
Such notification shall include information about the following:
(i) the youth's physical and emotional
condition; and
(ii) the
circumstances surrounding the youth's presence in the program.
(2) Notification to a parent,
guardian or legal custodian shall be delayed beyond 72 hours when compelling
circumstances indicate that the parent, guardian or legal custodian should not
be so notified. Such compelling circumstances include the following:
(i) danger of physical injury from the
parent, guardian, or legal custodian; and
(ii) a reasonable report concerning behavior
on the part of the parent, guardian, or legal custodian toward the youth which
is considered to be grounds for either an abuse petition or a neglect
petition.
(3) In all
cases where notification is not provided to the parent, guardian, or legal
custodian, the director of the program or his/her designee shall immediately
ensure that one or all of the following steps are taken, as appropriate:
(i) seek direction from the family court
concerning the filing of a petition to initiate child protective
proceedings;
(ii) refer the youth
to the local social services district; or
(iii) telephone the Statewide Central
Register of Child Abuse and Maltreatment to report instances of suspected
abuse, maltreatment or neglect and follow such telephone call with a written
report within 24 hours.
(4) Where custody of a youth upon leaving the
residential program is assumed by a relative or other person, other than the
parent, guardian or legal custodian, the staff of the program shall so notify
the parent, guardian or legal custodian, whomever is appropriate, as soon as
practicable after the discharge of the youth.
(5) The officers, directors, employees or
volunteers of a residential program shall be immune from any civil or criminal
liability for or arising out of the release of a runaway or homeless youth to a
relative or other responsible person other than a parent, guardian or legal
custodian.
(d)
Program participation.
(1)
Program participation is voluntary and may be terminated by youth at any
time.
(2) Length of stay in program
shall not exceed 30 days from the date of a runaway youth's admission, or, at
the program's option, for a youth age 14 or older for a period of up to 60 days
when authorized in the applicable municipality's approved comprehensive plan,
where the filing of a petition pursuant to article 10 of the Family Court Act
is not contemplated, in order that arrangements can be made for: the youth's
return home; an alternative residential placement, pursuant to section 398 of
the Social Services Law; or any other suitable plan.
(3) If a runaway youth and the youth's
parent, guardian or legal custodian agree in writing, the youth may remain in
program for a total period of up to 60 days, or, at the program's option, for a
total period of up to 120 days when authorized in the applicable municipality's
approved comprehensive plan without the filing of a petition under article 10
of the Family Court Act. The program director shall first obtain the approval
of the applicable runaway and homeless youth service coordinator. The
coordinator shall notify the municipality of such approval and provide a
written statement setting forth the reasons for the approval of such additional
residential stay and describing the efforts being made to find suitable
alternative living arrangements for such youth.
(4) If the program director determines, after
consultation with the family court, that a petition will be filed pursuant to
article 10 of the Family Court Act in order to protect a runaway youth in
program, the program director shall ensure that such petition is filed
immediately. If the youth involved is in program at the time such petition is
filed with the family court, the youth may remain in the program on a voluntary
basis, beyond the maximum length of stay period set forth in paragraph (2) or
(3) of this subdivision, until final resolution of the family court
proceedings.
(5) A runaway youth
may remain in a certified residential runaway and homeless youth crisis
services program beyond the applicable periods authorized by paragraphs (2) and
(3) of this subdivision, if the municipality provides, through its runaway and
homeless youth service coordinator or other designee, written notice, within 60
days, to the office of the circumstances that made the provision of shelter
necessary, efforts made by the program to find suitable alternative living
arrangements for such youth, and the outcome of such efforts. The office may
instruct the program on how to seek a more suitable alternative living
arrangement.
(e)
Services.
(1) Residential
program staff shall provide or assist in obtaining the following necessities
and services for youth and, where appropriate, for their families:
(i) shelter;
(ii) food;
(iii) clothing;
(iv) individual and group
counseling;
(v)
transportation;
(vi) medical,
mental health and dental care;
(vii) legal assistance; and
(viii) copies of miscellaneous vital
documents, such as birth certificates, social security cards, and education
records.
(2) Each
program director shall ensure compliance with applicable New York State
Education Law and regulations.
(f)
Health services.
(1) Program staff shall maintain a current
list of local licensed physicians, hospitals or clinics which provide health
services to youth.
(2) Program
staff shall assist youth in accessing health services including, but not
limited to: dental, obstetrical, gynecological, family planning, alcohol and
substance abuse treatment, mental health and primary health care.
(3) Each program director shall designate one
staff member to be responsible for ensuring that youth are provided with
assistance in accessing health services.
(4) Program staff shall provide each youth
with education about AIDS, HIV testing procedures, confidentiality of HIV
related information and HIV prevention, including universal
precautions.
(5) Arrangements shall
be made by program staff for the immediate transportation of youth with serious
physical or mental health problems to an appropriate health care
facility.
(6) Each site shall
maintain a first aid kit and a spill kit which shall be fully stocked at all
times.
(7) All medications
belonging to youth in residence shall be stored in a locked cabinet or similar
locked storage area.
(g)
Supervision.
Staff of residential facilities, with the exception of
interim families, shall provide on-site supervision 24 hours per day. At least
one professionally trained staff member, who is qualified to care for youth,
shall be responsible for each floor which contains youth bedrooms during
sleeping hours.
(h)
Pre-employment background checks.
(1) Applicants for employment or voluntary
service in residential programs shall be screened through the Statewide Central
Register of Child Abuse and Maltreatment and the Justice Center's staff
exclusion list and placed on duty as set forth in section 424-a and section 495
of the Social Services Law.
(2)
Screening information received from the Statewide Central Register of Child
Abuse and Maltreatment and the Justice Center's staff exclusion list and shall
be processed and evaluated in accordance with the Social Services
Law.
(3) Programs shall maintain
the screening information obtained from the Statewide Central Register of Child
Abuse and Maltreatment and the Justice Center's staff exclusion list in the
employee's personnel file.
(i)
Health screening.
Food handlers and persons caring for youth shall undergo a
physical examination to determine fitness for duty. Such persons shall be
reexamined annually to certify ongoing fitness for duty.
(j)
Discharge.
(1) All runaway youth shall be discharged no
later than the maximum length of stay authorized under subdivision (d) of this
section.
(2) Programs may continue
to provide case management and other appropriate services, excluding shelter,
after discharge and shall encourage participation of the youth's family, where
appropriate.
(3) Program staff
shall maintain written documentation in youth case records of all efforts made
to provide services for youth after discharge.