N.Y. Comp. Codes R. & Regs. tit. 18 § 449.3

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

Section 449.3 - Conditions for operation of a supervised setting program by an authorized agency

(a) After receiving approval to operate a supervised setting program from OCFS, the authorized agency may operate a program and certify or approve supervised settings for occupancy by youth at the sites for which the authorized agency has issued supervised setting certifications or approvals.

(b) An authorized agency may only issue supervised setting certifications or approvals for sites that are in compliance with the requirements of this Part.

(c) Prior to placement in a supervised setting, with the exception of college-owned housing, the authorized agency operating the supervised setting program must perform a readiness assessment for the youth. Such readiness assessment must be in a form and manner prescribed by OCFS and must determine that the placement in the supervised setting is appropriate based on the needs of the individual youth.

(d) The authorized agency is responsible for the inspection, monitoring and /or supervision, as applicable, of all the supervised settings certified or approved by the authorized agency.

(e) The authorized agency must re-evaluate and renew the certification or approval of each supervised setting on an annual basis using standards contained in this Part. This evaluation must be documented in the authorized agency's record.

(f) Reimbursement for certified or approved supervised settings will be provided on a basis and in a manner as determined by OCFS.

(g) An authorized agency operating a supervised setting program must submit fiscal and program data to OCFS in accordance with the provisions of Part 427 of this Title.

(h) In addition to the requirements for casework contacts contained in section 441.21 of this Title, staff must visit or communicate with each youth placed in a supervised setting no less than once per week and in the case of a supervised independent living unit, no less than twice a week. Unless otherwise required by federal or state law, staff must visit or communicate with each youth placed in a supervised setting other than a supervised independent living unit at least once per week for the first 30 days from placement in such unit. After 30 days, such weekly contacts may occur at a reasonable frequency, as deemed appropriate, to meet the individual needs of the youth and provide necessary supervision and supports.

(i) Supervised setting must be in compliance with all applicable provisions of state and local laws, ordinances, rules and regulations concerning health, safety and nondiscrimination.

(j) In addition to the conditions set forth above, the following conditions apply solely to supervised independent living programs:

(1) An authorized agency operating an approved supervised independent living program must notify OCFS of the certification, renewal and/or closure of each supervised independent living unit. Such notification must be made by the authorized agency within 10 days of such certification, renewal or closure in the form and manner as required by OCFS.

(2) A professionally trained caseworker, a person with experience in child welfare, or a person holding a master's degree in a related field who is in the employ of the authorized agency must supervise the supervised independent living program.

(3) The person designated to supervise the program must make the determination as to the youth to be placed in each supervised independent living unit, or such determination may be made by an interdisciplinary team when it is the general practice of the authorized agency to use such teams to make placement decisions.

(4) Adequate staffing must be maintained to provide services, visits, and supervision. The supervision of youth participating in a supervised independent living program must be performed by designated staff member(s) of the authorized agency who are qualified to perform such function; staff member(s) so designated must visit and consult with each youth at the supervised independent living unit at least twice per week. At least one visit per week must be held outside of standard business hours. An increased number of visits are required, when necessary, to address the individual health and safety needs of the residents of the supervised independent living unit. Visits conducted pursuant to this subdivision may satisfy the casework contact requirements of section 441.21(c) of this Title to the extent that visits are made by the youth's case planner or caseworker assigned to the youth by the case planner.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 449.3

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

Amended New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022