900.7 Limitation on stays in tier I facilities.
(a) In no event may a family be kept in a tier I facility for more than
21 days, unless the conditions set forth in subdivision
(b) of this section are met. On or before the 21st day, a family
residing in a tier I facility must be referred to permanent housing, to a tier II
facility, or to a hotel or motel accommodation regulated in accordance with section
352.3(e) through (h) of this Title. Such referral must be made to the best available
setting, based on the availability of space and the needs of the family as determined by
the local social services district. Any referral must be made in light of the community
ties and educational needs of the family and the children in the family. Once such a
referral has been made, a family cannot be subsequently referred to a tier I facility
except under the following circumstances:
(1) the family moved to permanent housing but
has returned to the shelter system;
(2) the family's hotel/motel placement was
terminated by the local district in accordance with the procedures established by and upon
the grounds established by the district, the procedures and grounds have been approved by
the department and the family has returned to the shelter system; provided, however, a
family may not be subsequently referred to a tier I facility from a hotel/motel when the
family's residency at the hotel/motel ends because the hotel/motel accepted the family for
a time limited period;
(3) the family consists of a childless couple
which has requested to remain together and which was a legally married couple or a couple
who were residing together as a household prior to and at the time they became homeless;
or
(4) in accordance with section 900.8 of this
Part.
(b) A family may be housed in a tier I facility for more than 21 days
only if:
(1) the family consists of a childless couple
which has requested to remain together and which was a legally married couple or a couple
who were residing together as a household prior to and at the time they became homeless;
or
(2) the family was placed in a tier I facility
after being involuntarily transferred from a tier II facility in accordance with the terms
of section 900.8 of this Part; or
(3) the family was place in a tier I facility
after their hotel status was terminated by the local district in accordance with
procedures established by and upon the grounds established by the district and such
procedures and grounds have been approved by the department; or
(4) prior to the 21st day the district has
certified to the department in writing that no space is available in permanent housing, in
a tier II facility or in a hotel or motel meeting the requirements of section 352.3(e)
through (h) of this Title. The district must use its best efforts to obtain a placement
for the family, and document these efforts in the case file kept for the family. In
addition, the family must be provided with the services specified in section 900.10(c) of
this Part which such family would have received in a tier II facility if the family could
have been placed in such a facility. The local district shall document the provision of
such services in the family's case file; and
(5) where a family is kept in a tier I facility
for more than 21 days in accordance with paragraph (4) of this subdivision, the maximum
reimbursement for such family is the rate established for a placement in a hotel or motel.
(c) A family which has left a tier I facility on its own for other
housing and returns to the shelter system may be referred to a tier I facility if the
family has never been referred from a tier I facility to permanent housing, to a tier II
facility or to a hotel or motel accommodation regulated in accordance with section
352.3(e) through (h) of this Title.