449.4 Requirements for each Supervised Independent Living Unit
a) Personnel
(1) Each authorized agency operating
a supervised independent living program must establish a procedure to review and
evaluate the backgrounds of and information supplied by all applicants for
employee, volunteer or consultant positions in the supervised independent living
program. This procedure must take into account any appropriate collective
bargaining agreement(s) and, in the case of a supervised independent living
program operated by a social services official, must also comply with applicable
provisions of the Civil Service Law. As part of this procedure, each employee,
volunteer or consultant applicant must submit all of the following information:
(i) a
statement or summary of the applicant's employment history, including, but not
limited to, any relevant child-caring experience;
(ii) the
names, addresses and, where available, telephone numbers of references who can
verify the applicant's employment history, work record and qualifications.
(iii) the
names, addresses and telephone numbers of at least three personal references,
other than relatives, who can attest to the applicant's character, habits,
reputation and personal qualifications; and
(iv) a sworn
statement by the applicant indicating whether, to the best of such applicant's
knowledge, the applicant has ever been convicted of a crime in New York State or
any other jurisdiction.
(2) Persons caring for youth must be
in good physical and mental health, and free from any communicable disease.
Physical fitness must be shown by a certificate from a physician at the time of
initial employment and annually thereafter.
(3) If an applicant discloses in the
sworn statement furnished in accordance with subparagraph (iv) of paragraph of
this subdivision that he or she has been convicted of a crime, the authorized
agency operating the supervised independent living program must determine, in
accordance with guidelines developed and disseminated by OCFS, whether to hire
the applicant or to use the volunteer or consultant. If the authorized agency
determines it will hire the applicant or use the applicant as a volunteer or
consultant who has the potential for regular and substantial contact with youth
in the program, the authorized agency must maintain a written record, as part of
the application file or employment or other personnel record of such person, of
the reason(s) why such person was determined to be appropriate and acceptable as
an employee, volunteer or consultant.
(4) Inquiries to the Statewide Central Register of Child
Abuse and Maltreatment:
(i) With
regard to any person who is actively being considered for employment, or to any
individual or any person who is employed by an individual, corporation,
partnership or association which provides goods or services to the authorized
agency, and who has or will have the potential for regular and substantial
contact with youth being cared for by the authorized agency, the authorized
agency operating the supervised independent living program must inquire of OCFS
whether any such person is the subject of an indicated report of child abuse or
maltreatment on file with the Statewide Central Register of Child Abuse and
Maltreatment. In addition, the authorized agency may inquire whether any current
employee or any person who is being considered for use as a volunteer or for
hiring as a consultant and who has or will have the potential for regular and
substantial contact with youth who are being cared for by the supervised
independent living program is the subject of an indicated report of child abuse
or maltreatment on file with the Statewide Central Register of Child Abuse and
Maltreatment. An inquiry regarding any current employee may be made only once in
any six-month period.
(ii) Prior to
making an inquiry pursuant to subparagraph (i) of this paragraph, the authorized
agency must notify, in the form prescribed by OCFS, the person who will be the
subject of an inquiry that the inquiry will be made to determine whether such
person is the subject of an indicated report of child abuse or maltreatment on
file with the Statewide Central Register of Child Abuse and Maltreatment.
(iii) Except
as set forth in clause (a) of this subparagraph, an authorized agency may not
permit a person hired by the authorized agency or a person who is employed by an
individual, corporation, partnership or association which provides goods or
services to the authorized agency to have contact with youth in the care of the
supervised independent living program prior to obtaining the result of the
inquiry required by this subdivision.
(a) An employee of an authorized agency or an employee of a provider of goods
and services to the authorized agency may have contact with youth cared for by
the supervised independent living program prior to the receipt by the authorized
agency of the result of the inquiry required by this subdivision only where such
employee is visually observed or audibly monitored by an existing staff member
of the authorized agency. Such employee must be in the physical presence of an
existing staff member for whom:
(1) the result of an inquiry required by section 424-a of the Social Services
Law has been received by the authorized agency and the authorized agency hired
the existing staff member with knowledge of the result of the inquiry; or
(2) an inquiry was not made because such staff member was hired before the
effective date of section 424-a of the Social Services Law.
(iv) When the
person who is the subject of the inquiry is an applicant for employment, OCFS
will charge a five-dollar fee when it conducts a search of its records within
the Statewide Central Register of Child Abuse and Maltreatment to determine
whether such applicant is the subject of an indicated report.
(a) The required fee must either accompany the inquiry form submitted to OCFS
or, for an inquiry submitted by a social services district, the district may
elect to have the fee subtracted from its claims for reimbursement submitted
pursuant to section 601.1 of this Title.
(b) Fees must be paid by authorized agency business check, certified check,
postal or bank money order, teller's check or cashier's check made payable to
"New York State Office of Children and Family Services". Personal checks and
cash are not acceptable forms of payment
(v) If the
applicant, employee or other person about whom the authorized agency has made an
inquiry is found to be the subject of an indicated report of child abuse or
maltreatment, the authorized agency must determine, on the basis of information
it has available and in accordance with guidelines developed and disseminated by
OCFS, whether to hire, retain or use the person as an employee, volunteer or
consultant, or to permit the person providing goods or services to have access
to youth being cared for by the authorized agency. Whenever such person is
hired, retained, used or given access to youth, the authorized agency must
maintain a written record, as part of the application file or employment or
other personnel record of such person, of the specific reason(s) why such person
was determined to be appropriate and acceptable as an employee, volunteer,
consultant, or provider of goods or services with access to youth being cared
for by the supervised independent living program.
(vi) If the
authorized agency denies employment or makes a decision not to retain an
employee, not to use a volunteer, not to hire a consultant, or not to permit a
person providing goods or services to have access to youth being cared for by
the supervised independent living program, the authorized agency must provide a
written statement to the applicant, employee, volunteer or consultant or other
person indicating whether the denial or decision was based in whole or in part
on the existence of the indicated report and, if so, reasons for the denial or
decision. If the denial or decision was based in whole or in part on such
indicated report, the statement must also include written notification, in the
form prescribed by OCFS, to the applicant, employee, volunteer, consultant or
other person that:
(a) He or she has the right, pursuant to section 424-a of the Social Services
Law, to request a hearing before OCFS regarding the record maintained by the
Statewide Central Register of Child Abuse and Maltreatment;
(b) The request for such a hearing must be made within 90 days of the receipt of
the written notice indicating that the denial or decision was based on the
existence of the indicated report; and
(c) The sole issue at any such hearing will be whether the applicant, employee,
volunteer, consultant or other person has been shown by a fair preponderance of
the evidence to have committed the act or acts of child abuse or maltreatment
giving rise to the indicated report.
(vii) If in a
hearing held pursuant to a request made in accordance with subparagraph (vi) of
this paragraph and section 424-a of the Social Services Law a decision issued by
OCFS finds that there was a failure to show by a fair preponderance of the
evidence that the applicant, employee, volunteer, consultant or other person
committed the act or acts upon which the indicated report is based, OCFS will
notify the authorized agency which made the inquiry that, pursuant to the
hearing decision, the authorized agency's decision to deny the application,
discharge the employee, not to use the volunteer or consultant, or not to permit
the person providing goods or services to have access to youth being cared for
by the authorized agency should be reconsidered. Upon receiving such
notification from OCFS, the authorized agency should review its denial or other
decision without considering the indicated report.
(b) Physical facility.
1) A supervised independent living
unit must be in an appropriate neighborhood and so located that it is readily
accessible to necessary services and adequate transportation.
2) A supervised independent living
unit must be of sufficient size to provide proper accommodations for the youth
placed in the unit.
3) A supervised independent living
unit must be kept in clean and sanitary condition and in good repair, and must
provide for the reasonable comfort and well being of the youth.
4) A supervised independent living
unit must be protected by a fire detection system, a sprinkler system, as those
terms are defined in section 441.2 of this Title, or a smoke detection system or
individual smoke detectors as required by applicable local codes and the New
York State Uniform Fire Prevention and Building Code.
(i) Buildings
used in whole or in part as a supervised independent living unit must comply
with all applicable laws, ordinances, rules, regulations and codes relating to
buildings, fire protection, health and safety.
(ii) All
areas of fire hazard in the supervised independent living unit must be protected
by a sprinkler system or fire detection system, as those terms are defined in
section 441.2 of this Title. Areas of fire hazard must be separated from other
areas by construction having a fire resistance rating of at least one hour. An
area of fire hazard means a heating equipment room; a woodworking shop; a paint
shop; a storeroom for mattresses, furniture, paints and/or other combustible or
flammable materials or liquids; and any other space or room exceeding 100 square
feet in floor area where other combustible or flammable materials are regularly
stored.
(iii) Other
than quantities of flammable materials necessary for the operation and
maintenance of the supervised independent living unit, which must be kept in
closed containers in storage cabinets, and fuel oil, which must be kept in oil
storage tanks, flammable materials must not be stored in the supervised
independent living unit.
(iv) All fire
protection systems and equipment must be designed, installed, and maintained in
accordance with the New York State Uniform Fire Prevention and Building Code.
All fire protection systems and equipment must be inspected according to local
and New York State building codes. A written report of such inspections must be
kept on file by the authorized agency. All identified defects in systems or
equipment must be corrected and re-inspected immediately.
(v) A
supervised independent living unit must be free from all conditions that
constitute a hazard to the life, health or safety of any person. The following
are prohibited:
(a) portable electric space heaters or self-contained fuel-burning space
heaters;
(b) solid-fuel-burning, free-standing stoves, except where approved in writing
by the authorized agency;
(c) use of fuel-burning or electric "hot plates";
(d) illegal connections for gas appliances;
(e) combustible or flammable containers for ashes;
(f) the accumulation of combustible or flammable materials in any part of the
unit;
(g) damaged equipment, furnishings or physical plant, when their condition makes
them unsafe for normal use;
(h) broken plumbing or stopped sewers that are not promptly repaired;
(i) exposed steam pipes, heating pipes and radiators and unenclosed heating
plants and equipment with which youth may come in contact;
(j) use of materials containing asbestos in any construction, renovation or
repair of any supervised independent living program where such construction,
renovation or repair occurs on or after July 1, 1993;
(k) any furniture, toys or construction containing lead-based paint;
(l) any lead paint hazard or paint condition conducive to lead poisoning, as
such term is defined in 10 NYCRR 67.1. Any building used in whole or in part as
a supervised independent living unit occupied by a child six years of age or
younger must be inspected to determine if it is presents such hazard. The
authorized agency must request the local health department to perform such
inspection and is responsible for correcting any hazard called to its attention
as a result of such inspection. In the event that such request for inspection is
rejected by the local health department, the authorized agency must notify OCFS
immediately;
(m) extension cords, unless approved in writing by the authorized agency; and
(n) any other condition deemed hazardous by OCFS or the authorized agency.
(vii) Fire extinguishers must be
provided in each supervised independent living unit and maintained in accordance
with the New York State Uniform Fire Prevention and Building Code. Fire
extinguishers must be wall-hung between two feet and four-and-one-half feet
above the floor. All staff members and youth must be instructed in the proper
operation of extinguishers. In each unit there must be a minimum of one fire
extinguisher on each floor, and, additionally, one in the kitchen, one in the
laundry room and one outside any heating equipment room.
(viii) A
supervised independent living unit must have a minimum of two means of egress
from the unit's floor that are readily accessible to the youth. For a window
opening to qualify as a means of egress, it must be at least 24 inches high and
20 inches wide with the bottom of the window no higher than three feet eight
inches above the floor unless acceptable access is provided by steps or
furniture fixed in place. An upper level window, to qualify as a means of
egress, must also have a platform outside the window and a stair, permanently
affixed to the building, leading to ground level.
(ix) Youth
are not permitted above the second story in a building of type 5, wood frame
construction (that type of construction in which the walls, partitions, floors
and roof are wholly or partly of wood or other combustible materials). Youth of
limited mobility are not permitted above the first story in a building of wood
frame construction. A building of wood frame construction occupied by youth of
limited mobility must be protected by a sprinkler system and the first story
must be handicap accessible for youth of limited mobility and accommodate the
needs of such youth.
(x) All exit
doors and means of egress, halls and stairs must be well lighted and kept clean,
free of obstruction and ready at all times for immediate use. Battery-operated
or generator-powered emergency lighting units or systems must be provided and
maintained in accordance with the New York State Uniform Fire Prevention and
Building Code.
(xi) Each
supervised independent living unit must be provided with emergency lights, such
as flashlights or battery-operated lanterns, in good working order.
(xii) Each
supervised independent living unit must have a plan for evacuation of the unit,
posted in a conspicuous place on each floor level in the unit. The agency must
maintain a diagram of the living unit's floor plan on file.
(xiii) Youth
and staff must be instructed in how to evacuate the building in which the
supervised independent living unit is located. Newly admitted youth, newly hired
staff and volunteers must be instructed in evacuation procedures as part of
their orientation to the supervised independent living unit. Evacuation
procedures must be reviewed quarterly with youth after placement.
(xiv)
Electrical wiring and equipment must comply with the New York State Uniform Fire
Prevention and Building Code and any other applicable laws, ordinances, rules,
regulations and codes. Certification of such compliance is required for all new
supervised independent living units prior to opening and a record of such
certification of compliance must be kept on file by the authorized agency. OCFS
may require recertification of the safety of an electrical system in any
supervised independent living unit where the electrical system appears to be
unsafe or inadequate, or if new electrical work has been done.
(xv) Heating,
ventilating and other mechanical systems must comply with the New York State
Uniform Fire Prevention and Building Code and any other applicable laws,
ordinances, rules, regulations and codes and must be designed, installed,
located and maintained so that under normal conditions of use such equipment and
systems are not a danger to the health or welfare of youth or staff in the
building in which the supervised independent living unit is located. Heating
plants and equipment must be protected from tampering by youth.
(xvi) All
shop, maintenance, grounds and farm equipment must be equipped with approved
safety devices and must be maintained in safe working condition. Youth must not
operate such equipment except under the close supervision of responsible staff
members.
(xvii) A
minimum of one non-coin operated, single line telephone must be provided and
must be accessible at all times in each supervised independent living unit
occupied by youth or each youth must be provided with a personal cellular
telephone. Emergency telephone numbers for fire, police and medical assistance
must be posted in the supervised independent living unit.
(xviii) Each
authorized agency must request in writing an annual safety inspection of the
buildings in which supervised independent living units are located and all fire
protection equipment by local fire authorities and/or the authorized agency fire
and casualty insurance carrier who must be requested to give the authorized
agency a written report of their findings. An authorized agency is responsible
for correcting any hazards called to its attention as a result of such
inspection that could affect a supervised independent living unit in the
building and for keeping a copy of the report and a written record of the action
taken, with date, on file. An authorized agency must keep a copy of the written
request for inspection and the response on file and must notify OCFS immediately
in the event that such request for inspection is rejected by the local fire
authorities or the authorized agency's fire and casualty insurance carriers.
(xix) An
authorized agency must report promptly by telephone to OCFS the occurrence of
any fire in any supervised independent living unit, or within any building in
which such authorized agency has certified a supervised independent living unit.
This report must be made as soon as possible and in no event later than 24 hours
after the fire, and the authorized agency must then confirm the occurrence of
the fire by a written report to OCFS within 10 working days after the date of
the fire. The written report must include:
(a) the date and time of the fire;
(b) the extent of personal injuries;
(c) the extent of property damage;
(d) the probable cause of the fire, if known;
(e) which fire department responded;
(f) whether youth were relocated, and, if so, where;
(g) whether fire and smoke detection and alarm devices or systems operated
properly;
(h) whether evacuation procedures were followed;
(i) the location of the fire;
(j) a description of the progress of the fire, the manner in which the fire
spread and what efforts were made and methods were used to combat the fire; and
(k) any problems encountered with evacuation procedures, response by the fire
department and ability of the fire department to combat the fire effectively.
(xx) All
fireplaces and their chimneys in the supervised independent living unit must be
inspected and cleaned annually by a qualified person.
5) There must be an adequate and
accessible supply of hot and cold water of safe quality in the supervised
independent living unit.
6) The supervised independent living
unit must be effectively screened against flies and other insects.
7) Temperature in the supervised independent living unit must be maintained at a
comfortable level according to New York State Fire Prevention and Building
Codes.
8) Adequate bathing, toilet and lavatory facilities must be provided in the
supervised independent living unit, and must be kept in sanitary condition.
9) Each youth must have a separate bed. Single bedrooms must contain at least 70
square feet. Bedrooms occupied by more than one youth must have 70 square feet
plus an additional 50 square feet of floor area per additional youth. There must
be at least two feet of space between beds. Youth must not walk through one
bedroom to get to another bedroom.
10) All habitable rooms, except the kitchen, must be no less than seven feet in
any dimension. For rooms with sloped ceilings, include only the floor dimensions
with a clear ceiling height of five feet or more in this calculation. One-third
of the minimum required floor area of each room must have a ceiling height of
seven feet.
11) The kitchen must have at least three feet of clear passage between counter
fronts and appliances or counter fronts and walls.
12) Every sleeping room occupied by youth must have good natural light and
ventilation, and must have one or more windows opening directly to the outside.
13) No bed may be located in an unfinished attic, unfinished basement or other
space commonly used for other than bedroom purposes.
14) Separate and accessible drawer space for personal belongings, and sufficient
closet space for indoor and outdoor clothing, must be available for individual
youth.
15) Supervised independent living units which house parenting youth and their
children must comply with the following additional conditions:
(i) No peeling or damaged paint or plaster may be present;
(ii) Access to outdoor play space must be available;
(iii) Radiators and piping accessible to children must be covered or have a
barrier to protect children;
(iv) Porches, decks, and stairways must have railings with a barrier to prevent
children from falling;
(v) Adequate barriers to prevent children from gaining access to unsafe,
dangerous or hazardous areas or devices, such as fireplaces, wood burning
stoves, gas space heaters, pools, spa pools, hot tubs, and second floor and
above windows, must be provided;
(vi) Protective caps, covers, or permanently installed obstruction devices on
all electrical outlets accessible to children must be present;
(vii) All matches, lighters, medicines, drugs, cleaning material, detergents,
aerosol cans, beauty aids, and poisonous or toxic materials and plants must be
safely stored and must be used in such a way that they will not contaminate play
surfaces, food and food preparation areas, or constitute a hazard to children,
and other such materials must be kept in a place inaccessible to children;
(viii) Hand bags, backpacks, briefcases, plastic bags, toys and objects small
enough for children to swallow must not be accessible to children; and
(ix) Each child must have a separate bed or crib, as appropriate.
`16) Children of different genders above the age of four years may not sleep in
the same room, except that a parenting youth may sleep in the same room as his
or her children.
(c) Services
1) Supervised independent living programs must include the following service
components to provide youth with opportunities to achieve positive outcomes and
make successful transitions to self-sufficiency:
(i) An ongoing support network of consistent adults or families in their lives;
(ii) A diligent and ongoing effort to establish an adult permanency resource for
each youth;
(iii) Preventive health care;
(iv) Employment skills/training, and the development of work ethics;
(v) Educational support;
(vi) Housing support;
(vii) Budgeting and financial management skills;
(viii) Shopping, cooking and housecleaning skills;
(ix) Access to community resources/community linkages;
(x) Connections with caring adults, such as mentors;
(xi) Positive youth development;
(xii) Necessary developmentally appropriate services;
(xiii) Preparation for discharge and the transition to adulthood;
(xiv) Parenting skills, child development education and any other child rearing
training deemed necessary; and
(xv) Ongoing assessment of life skills competency.
2) Supervised independent living units that house parent youth and their
children must also meet the following criteria:
(i) The staff and parenting youth must maintain current first-aid and CPR
training certification.
(ii) The plan for youth in placement must include appropriate childcare for the
child.
(iii) No more than two children under two years of age may be cared for in any
single supervised independent living unit.
(d) Other conditions for participation in supervised independent living programs
to be observed:
1) Youth who participate in the supervised independent living program must be at
least 16 years of age and not more than 21 years of age.
2) Such youth must have been in a foster care placement for at least 45
consecutive days during the period immediately preceding the date on which the
youth entered a supervised independent living program, or must have been in the
care and custody or custody and guardianship of a social services official or
OCFS and have been discharged from foster care on a trial basis in accordance
with the provisions of section 430.12(f)(4) of this Title.
3) The supervised living program must comply with applicable discharge planning
requirements set forth in the Part 428 and 430.12(f) of this Title.
4) As required by section 428.7 of this Title, a plan amendment must be
documented and approved by the social services district with case management
responsibility for the child within 30 days of discharge of the child from
foster care.
5) Prior to the transfer of a foster child to a supervised independent living
program, the local district which has care and custody or custody and
guardianship of the child, or, for a youth in the custody of OCFS, OCFS, must
give written approval of the transfer.
6) Health supervision, medical and dental care must be provided to each youth in
accordance with section 441.22 of this Title.
7) The educational and recreational needs of youth must be met.
8) Each supervised independent living unit must have facilities that will enable
youth to prepare meals. The authorized agency must require that youth maintain
sufficient quantities of good quality, properly prepared food specific to the
dietary needs of the youth.
9) Youth must have individual toilet articles and requisites for personal
grooming and hygiene, suitable to ages and needs
10) Youth must have appropriate seasonal clothing. Clothing must be kept clean
and in good repair.
11) A supervised independent living unit may occupy a house or apartment rented
or owned by the authorized agency.
12) No supervised independent living unit may house more than four youth
including their children.
13) If two or more youth live together in the same unit, they must be of the
same gender unless the authorized agency receives approval to place siblings of
the opposite gender together by utilizing the waiver process identified in
section 449.6 of this Part.
14) Only persons placed in the supervised independent living program by the
authorized agency may reside in a supervised independent living unit.
15) Supervised independent living programs must be in compliance with all
applicable provisions of State and local laws, ordinances, rules and regulations
concerning health, safety and nondiscrimination.