N.Y. Comp. Codes R. & Regs. tit. 14 § 584.8

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

Section 584.8 - Admission, transfer, continued stay, and discharge policies and procedures

(a) A residential treatment facility may only admit a child or youth that has an authorization for access to residential treatment facility services, which was obtained pursuant to Part 583 of this Title. This requirement applies to admissions and transfers.

(b) A residential treatment facility may only make admission determinations based on the written admission criteria maintained pursuant to section 584.7 of this Part. A residential treatment facility may request to waive one or more admission criteria for a particular child or youth by applying to the Office of Mental Health or commissioner's designee for an extension or exemption with cause. The office or commissioner's designee shall be authorized to halt admissions for a residential treatment facility for failure to comply with this section.

(c) In accordance with Mental Hygiene Law section 9.51, a residential treatment facility shall admit any appropriate child or youth with an authorization for access to residential treatment facility services to the next available bed if they meet the criteria for admission to the residential treatment facility, and have been designated as priority for admission by the Office of Mental Health or commissioner's designee. A residential treatment facility may request to waive this standard for a particular child or youth by applying to the Office of Mental Health or commissioner's designee for an extension or exemption with cause. If the residential treatment facility does not meet the standard, nor was it waived, the Office of Mental Health or commissioner's designee may halt admissions at its discretion.

(d) Upon application for admission or transfer of a child or youth, a residential treatment facility shall provide written notice as follows:

(1) All notices shall be made to the referral source, parent/legal guardian, Office of Mental Health or commissioner's designee, and the Local Governmental Unit of the child or youth's county of residence.

(2) The residential treatment facility shall give notice of receipt of an application for admission or transfer.

(3) The residential treatment facility shall evaluate and communicate the determination of the application for admission or transfer within a timeframe determined by the Office of Mental Health or commissioner's designee but no longer than 30 calendar days. A residential treatment facility may request to waive this standard for a particular child or youth by applying to the Office of Mental Health or commissioner's designee for a seven-day extension.

(i) The residential treatment facility shall give notice when a child or youth is determined to meet criteria for admission or transfer. This notice shall include the anticipated date of admission or transfer and any other information specified by Office of Mental Health or commissioner's designee.

(ii) The residential treatment facility shall give notice when a child or youth is determined to not meet admission criteria. This notice shall include the specific reason for such determination based on residential treatment facility's admission criteria maintained pursuant to section 584.7 of this Part.

(6) When a resident is ready for discharge or transfer, notice shall be provided 30 calendar days in advance of the anticipated date of discharge or transfer.

(7) When a resident attains the age of 21, notice shall be provided within 30 calendar days with the discharge plan that will achieve the child or youth's discharge from residential treatment facility services prior to the 22^nd birthday.

(e) Admissions, transfers and discharges shall be in accordance with the applicable requirements of articles 9 and 29 of the Mental Hygiene Law and Parts 15, 17 and 36 of this Title.

(f) Written admission, transfer, continued stay and discharge policies and procedures shall be maintained as required in section 584.7 of this Part and shall be subject to approval by the Office of Mental Health. Such policies and procedures shall:

(1) specify that admission, transfer, continued stay and discharge shall be based on the written criteria established pursuant to section 584.7 of this Part;

(2) delineate special requirements for admission, transfer, continued stay and discharge of children or youth in the custody of a social services official, the Office of Children and Family Services, or another person granted custody by the Family Court;

(3) prohibit discrimination solely on the basis of race, color, creed, national origin, sex or age gender identity, sexual orientation, military status, domestic violence victim status, disability, pregnancy-related condition, predisposing genetic characteristics, prior arrest or conviction record or familial status.

(4) provide for notification of the mental health information service of each admission in accordance with the requirements of Part 15 of this Title;

(5) require that the eligibility of each resident's continued stay in the residential treatment facility be regularly evaluated in accordance to standards and procedures established by the Office of Mental Health or commissioner's designee;

(6) be available to the staff, residents and their families, cooperating agencies and the general public; and

(7) require that discharge planning for each resident begin upon application for admission or transfer. Discharge planning shall be in accordance with section 29.15 of the Mental Hygiene Law and standards and procedures established by the Office of Mental Health or commissioner's designee; and shall include, at a minimum, identification of the discharge goals and the criteria for determining the specific resident's discharge readiness.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 584.8

Amended New York State Register July 3, 2024/Volume XLVI, Issue 27, eff. 7/3/2024