Whenever used in this chapter the following words shall have the following meanings:
“Commissioner” shall mean the commissioner of social services of the city.
“Department” shall mean the department of social services of the city.
“Institution” shall include any charitable corporation, one of the objects of which is the care of children or the placing of children in families.
§ 21-102 Powers of commissioner as to destitute children.
The commissioner shall have power to commit, place out, discharge, or transfer any child who may be in his or her custody, or who may have been placed by him or her in an institution as a public charge, whenever in his or her judgment it shall be for the best interests of such child so to do. In placing out such children, the commissioner may assign one or more of his or her subordinates to make the necessary investigations. He or she may employ any duly incorporated charitable institution or society and may reimburse such institution or society for any expenses, other than salaries, actually incurred in the placing out, supervision, and transfer, if necessary, of children who are public charges. An institution to which a child has been committed, as in this section provided, shall have the authority to place such child in a family, or consent to his or her adoption.
§ 21-103 Limitations on powers of commissioner as to destitute children.
In placing out, transferring or committing any such child, the commissioner, or any institution or society employed by the commissioner, when practicable, shall place out the child with an individual of the same religious faith as the parents of the child, or transfer or commit the child to an institution governed by persons of the same religious faith as the parents of the child. The commissioner shall commit such child only to an institution which the state board of social welfare has certified as having complied with the rules and regulations as established by such board for such institutions, pursuant to section one of article eight of the state constitution. The commissioner may commit such child to an institution situated without the city only if such board has also certified that such institution is properly protected against fire and other dangers.
§ 21-104 Term of commitment of children; discharge.
The term of commitment of each destitute and neglected child shall be:
Until such child shall attain the age of sixteen years, or
Until such child shall be given over in adoption by the institution to which it shall have been committed to some suitable person, or
Until such child shall be returned to its parents, relatives, or guardians, or otherwise discharged.
The commissioner, may, however, provide care in an institution, agency boarding home, or family free or boarding home for any destitute minor between sixteen and eighteen years of age who cannot be properly cared for in his or her own home, either directly or through authorized agencies, except that direct placements in agency boarding homes may be made by the commissioner only if the state board of social welfare shall have authorized him or her to operate such homes and only if suitable care is not otherwise available through an authorized agency under the control of persons of the same religious faith as the child. Such care may be continued after the eighteenth birthday of the minor and until he or she is discharged from care or becomes twenty-one years of age.
§ 21-105 Reports and records of institutions.
Each such institution caring for destitute and neglected children shall file with the commissioner at the end of every three months a list containing both the names of all the children received or discharged during the month, and the names and residence of the parents and guardians of such children so far as known. Each such institution shall keep a book in which it shall cause to be entered the name and address of each parent, relative or other person visiting an inmate of such institution who is in whole or in part a charge upon the city, and such name and address shall be entered upon the occasion of each visit by any such person.
§ 21-106 Payments to private institutions.
Payments shall not be made by the city to any charitable, eleemosynary or reformatory institutions wholly or partly under private control, for the care, support, secular education or maintenance of any destitute, neglected or delinquent child therein, except upon the certificate of the commissioner that such child has been received and is retained by such institution pursuant to the rules and regulations established by the state board of social welfare. Moneys paid by the city to any such institution for the care, support, secular education or maintenance of its inmates shall not be expended for any other purpose. Whenever the commissioner shall decide, after reasonable notice to such institution and a hearing, that any such child who is received and retained in such institution is not a proper charge against the public, and written notice of such decision is given by the commissioner to such institution, thereupon all right on the part of such institution to receive compensation from the city for the further retention of the child shall cease. The commissioner shall file in the office of the department a statement of the reasons for his or her decision and of the facts upon which it is founded, and shall furnish a copy to such institution where the child is detained. The commissioner’s decision may be reviewed on certiorari by the supreme court. No money shall be paid out of any appropriation to any charitable, eleemosynary or reformatory institution which shall deny or limit admission to any destitute, neglected or delinquent children duly committed by the commissioner or a court of appropriate jurisdiction, because of the race, color or religion of such children, provided, however, that no institution of a particular religious faith shall be required to accept children adhering to a religious faith other than its own. The commission on foster care of children shall have the power and continuing duty to investigate and determine, upon complaint made and shall have the power on its own initiative to investigate and determine whether any institution is practicing discrimination in violation of the provisions of the preceding paragraph. The commission may direct that such investigation shall be conducted by one or more of its members or by its secretary or assistant secretary. Whenever in the judgment of the commission, such investigation discloses that there is reason to believe that an institution is practicing discrimination, the commission shall cause a hearing to be held before the commission or before two or more of its members, as it may direct, upon reasonable notice to such institution. The commission shall dismiss the proceedings if it finds upon the basis of such hearing, that such institution is not practicing discrimination. In the event the commission shall find on the basis of such hearing, that such institution is practicing discrimination, it shall certify to the commissioner its findings of fact, together with its determination of the period of time, not to exceed one year, within which the institution shall be permitted to amend its practices and comply with said provisions. The commissioner shall thereupon serve notice of such certification on such institution. All right on the part of such institution to receive moneys from the city shall cease upon the date specified in said certification unless, prior to the expiration thereof, such institution shall have submitted to the commission proof that it has ceased to engage in said violations and the commission shall have found and certified to the commissioner that said institution has complied with said provisions. The institution shall not be deprived of payments for services rendered prior to the date specified in the certification. The determination of the commission that an institution is practicing discrimination, or having been ordered to cease said discrimination has failed to cease, may be reviewed by the supreme court, which may, for good cause shown, during the pendency of such review, stay the termination of the right of such institution to receive moneys from the city. The commission, or any of its members authorized by it to conduct a hearing, may, at any such hearing, compel the attendance of witnesses, administer oaths, take the testimony of any person under oath and require the production of any evidence relating to the matter in question at the hearing. The department and the corporation counsel are authorized upon request by the commission, to make members of their respective staffs available, upon a temporary basis, to the commission, to assist it in conducting the investigations and hearings provided by this section.
§ 21-107 Power of commissioner as to removal of destitute persons.
The commissioner shall have power to pay for the cost of the removal or transportation of any person who may come under the commissioner’s charge whenever in his or her judgment the city will thereby be relieved from an unnecessary or improper charge.
§ 21-108 Support of poor persons by relatives.
The spouse or parent of a recipient of public assistance or care or of a person liable to become in need thereof shall, if of sufficient ability, be responsible for the support of such person, provided that a parent shall be responsible only for the support of his or her minor child. Step-parents shall in a like manner be responsible for the support of minor step-children.
If a sufficiently able relative of a poor person fails to support him or her, as in this section provided, and such person is being cared for or is about to be cared for by the commissioner, such commissioner may apply to the family court for an order to compel him or her to pay the reasonable charge determined by such commissioner for the care of such relative during his or her stay in the public or private institution, or home where the commissioner has placed him or her. The proceedings to be taken to make such order and to enforce the same shall be in the name of and conducted by the commissioner. The determination of such commissioner as to the reasonableness of such charges may at any time be reviewed in the family court.
Evidence that the poor person mentioned in this section is without adequate means of support shall be presumptive proof of the possibility of his or her becoming a public charge. The relative against whom proceedings are begun for the support of a poor person shall be taken to be of sufficient ability to contribute to the support, unless the contrary shall affirmatively appear to the satisfaction of the court or a judge or justice thereof.
Instead of bringing legal proceedings as in this section specified, the commissioner can directly enter into an agreement with a relative for the payment of the charges determined by such commissioner to be the reasonable charge for the care of the person maintained or about to be maintained by such commissioner as a public charge.
§ 21-109 Recovery from recipient who has property or other means.
If it shall at any time be ascertained that any person, who has received support or care or treatment from the city through the commissioner, has real or personal property or other means of enabling him or her to reimburse the city, an action may be maintained in a court of competent jurisdiction, by such commissioner, against such person or his or her estate to recover such sums of money as may have been expended by the city through such commissioner in the support or care or treatment of such person during the period of ten years next preceding such discovery or the death of such person.
Instead of bringing the legal proceedings as in this section specified, such commissioner may determine the reasonable value of such support or care or treatment, and enter into an agreement for its payment.
§ 21-110 Potter’s field.
The commissioner shall have charge of the Potter’s Fields, and when the necessity therefor shall arise, shall have power to lay out additional Potter’s Fields or other public burial places for the poor and strangers and from time to time enclose and extend the same to make enclosures therein and to build vaults therein, and to provide all necessary labor and for interments therein. The Potter’s Field on Hart island, however, shall remain under the control of the department of correction until the earlier of (i) the commissioner laying out additional Potter’s Fields, or (ii) July 1, 2021, at which time Hart island shall be under the control of the department of parks and recreation. At such time, burial of deceased paupers at Hart island shall occur under rules and regulations established by either the joint action of the departments of social services and parks and recreation, or by action of another agency designated by the mayor.
§ 21-110.2 Office of burial services.
The department shall establish an office to provide support and, where eligible, financial assistance to survivors, next of kin, legally responsible relatives, friends or other designated entities of deceased indigent or unclaimed persons who require information about, and help facilitating the disposal of, decedent remains through public burial, accessing public burial, a burial allowance or any similar program. Such office shall provide services including, without limitation, explaining the availability of public burial options and assistance in applying for a burial allowance.
§ 21-111 Soliciting of contributions in public.
It shall be unlawful for any person, organization, society, association or corporation or their agents or representatives to solicit money, donations of money or property, or financial assistance of any kind upon the streets, in office or business buildings, by house to house canvass, or in public places in the city, except upon a license issued by the commissioner and an identification card issued by the chairperson or district chairperson of any charitable drive and any such regulations as hereinafter provided.
Application to solicit funds for any cause whatever as provided for in this section shall be addressed to the commissioner and such application shall contain the following information:
Name and purpose of the cause for which permission is sought.
Names and addresses of the officers and directors of the organization.
Time for which permission is sought and localities and places of solicitation.
Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such solicitation.
Such other information as the commissioner shall require.
It shall be the duty of the commissioner, before granting permission to solicit funds or donations as provided for in this section, to compel the applicant to file with him or her a signed statement of all moneys collected in the calendar year or the fiscal year of such organization, society, association or corporation previous to the application, the expenditures connected therewith, together with the names and addresses of all persons receiving wages, commissions or emoluments and the amounts so expended.
The commissioner may establish such regulations as he or she may deem necessary in effectuating the purposes and objects of this section.
Licensees operating under this section shall be compelled to label all collection boxes or containers used in the solicitation of funds either by appeal in person or the placing of receptacles for the receipt of such public contributions in stores, factories, shops, offices, theatres, hotels, restaurants, railway stations, ferry houses, or other public places, with the name of the organization for which the permit is issued, and in such conspicuous manner as the commissioner may direct. In addition, where the solicitation of funds is by appeal in person and where the solicitor receives no compensation for such solicitation, the box or container shall bear on it the word “volunteer” in a conspicuous place. Any solicitor receiving compensation for such solicitation who uses a box or container bearing the word “volunteer” shall be subject to a fine not to exceed one hundred dollars or to imprisonment for a period not to exceed thirty days or both.
Any person or persons who shall violate any of the provisions of this section, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment not exceeding ninety days, or by both.
The provisions of this section shall not apply to any corporation organized under the religious corporations law; nor to solicitation at the regular exercises or services of any lodge, benevolent order or fraternity, or any branch thereof, whenever such solicitation is made at the regularly appointed meetings and regular places of worship or exercises of such lodge, order or fraternity.
§ 21-112 Records to be kept by commissioner.
It shall be the duty of the commissioner to keep and preserve a proper record of:
All persons who shall come under his or her care or custody, and of the disposition made of such persons, and
All persons who are inmates of private institutions who are accepted by him or her as proper charges upon the city.
§ 21-113 Information to be furnished to commissioner and other agencies.
Transcripts or searches or certified copies of records in any agency of the city, shall be furnished without charge or fee to the department or any authority charged with the duty of administering laws relating to the poor or for the relief of veterans or the families or dependents of veterans in the city.
§ 21-113.5 Interpretation Services.
The Commissioner shall require the immediate provision of interpretation services for non-English speaking residents in all income maintenance centers located in New York City, when such non-English speaking residents comprise at least ten percent of the service population of a particular center.
§ 21-114 Municipal lodging houses.
The commissioner shall have jurisdiction over, and it shall be his or her duty to take charge of all municipal lodging houses belonging to or hereafter acquired or established by the city.
It shall be the duty of the commissioner or of the superintendent of any municipal lodging house acting under such commissioner or superintendent, to provide for any applicants for shelter who, in his or her judgment, may properly be received, plain and wholesome food and lodging for a night, free of charge, and also to cause such applicants to be bathed on admission and their clothing to be steamed and disinfected.
§ 21-115 Establishment of day nurseries.
The commissioner may establish, in his or her discretion, one or more day nurseries, and may adopt rules and regulations for the free admission thereto of children under ten years of age.
§ 21-116 Commissaries.
The commissioner may establish a commissary at camp LaGuardia and a commissary at the Neponsit home for the aged for the use and benefit of the residents and employees thereof. All moneys received from the sales in such commissaries shall be paid over semimonthly to the commissioner of finance without deduction. The provisions of section 12-114 of the code shall apply to every officer or employee who receives such money in the performance of his or her duties in such commissaries. The accounts of the commissaries shall be subject to supervision, examination and audit by the comptroller and all other powers of the comptroller in accordance with the provisions of the charter and code.
All moneys received from the sales in such commissaries shall be kept in a separate and distinct fund to be known as the commissary fund. Such fund shall be used for:
The purchase of all merchandise for resale in such commissaries;
The purchase of supplies, materials, and equipment for such commissaries;
The furnishing of work or labor to be done for such commissaries;
The salaries of all employees of the Neponsit home for the aged commissary and the incentive allowance authorized by certificate of the director of the budget to be paid to the residents of camp LaGuardia who are permitted to work in the camp LaGuardia commissary; and
All other costs and expenses of operating such commissaries.
Any surplus remaining in the commissary fund after deducting all items described in subdivision b hereof shall be used for the general welfare of the residents of camp LaGuardia and the Neponsit home for the aged. In the event such fund at any time exceeds ten thousand dollars, the excess shall be transferred to the general fund.
All expenditures for items described in paragraph one of subdivision b of this section shall be made upon vouchers issued by the commissioner and subject to audit by the comptroller. All other expenditures described in subdivision b and subdivision c of this section shall be made by the commissioner in accordance with schedules approved by the mayor or of the director of the budget acting in accordance with a delegation of power from the mayor. All supplies, materials, equipment and merchandise to be furnished and all work or labor to be done, the cost of which is payable from the commissary fund, shall be furnished or provided in accordance with the provisions of chapter thirteen of the charter and chapter one of title thirteen of the code.
All appointments to positions in the Neponsit home for the aged commissary shall be made in accordance with the civil service law and rules. The salaries of employees of such commissary shall be fixed by the mayor. Such salaries and all pension contributions required to be made by the city on behalf of such employees shall be paid from the commissary fund.
Any officer, employee or resident, whose duties in connection with the commissary fund involve possession of or control over funds, shall execute a bond to the city for the faithful performance of his or her duties in such sum as may be fixed and with sureties to be approved by the comptroller, or shall in the alternative be included in the coverage of a blanket bond insuring the city for the faithful performance of his or her duties in such sum as may be fixed and with sureties to be approved by the comptroller.
§ 21-117 Contracts to make rental payments.
The commissioner shall have the power to and may, within the amount appropriated therefor, enter into a contract to make rental payments to the owner, landlord, lessee, managing agent of, or other person entitled to rent and receive rental payments for, housing accommodations whenever (a) a recipient of public assistance and care has neglected or failed to make rental payment and payment has not otherwise been made, or (b) a housing accommodation is vacant and the owner, landlord, lessee, managing agent or such other person agrees in such contract to hold such housing accommodation vacant and to accept as a new tenant a recipient of public assistance and care designated by the commissioner, and until such housing accommodation is occupied by and rental payments are made by such new tenant; provided, however, that no rental payments shall be made in accordance with this provision if such housing accommodation remains vacant for more than sixty days.
The commissioner shall not be deemed to have assumed the duties of a tenant under lease because he or she has entered into a contract to make rental payments.
§ 21-118 New York city commission for the foster care of children.
There is hereby established the New York city commission for the foster care of children (hereinafter referred to as the “commission”) to consist of fifteen public members, who shall serve without compensation, to be appointed by the mayor from among residents of the city of New York who have been active in, identified with, or otherwise known to be interested in the field of child care. In making such appointments, the mayor shall make every effort to appoint individuals associated with the major federations concerned with foster care services to children and individuals who are associated with organizations which, through direct services to children, coordination or planning of services for children, or through research in the field of child care, are making major contributions to the planning of services for the children of the city of New York. The membership of the commission shall reflect disciplines basic to a wholesome child welfare program including mental health, education, religion, law with some specialty in family and child welfare, and pediatrics. The mayor may appoint, and at his or her pleasure remove, an executive director and an assistant to the executive director of the commission. The salary of the executive director and the assistant to the executive director shall be fixed by the mayor and shall be paid from appropriations made to the department. The said public members shall serve for a term of four years except that the term of office of the members first taking office shall expire, five at the end of two years, five at the end of three years and five at the end of four years. No member shall serve for more than eight consecutive years after July one, nineteen hundred sixty-four. The mayor shall appoint a chairperson and a vice chairperson from among the members, each to serve in that capacity for two year terms. Any public member appointed by the mayor to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term.
The commission shall meet at least once every month except during the months of July and August and shall meet at such other times as meetings are called by the chairperson. Whenever requested to do so in writing by any six members of the commission, the chairperson shall call a special meeting of the commission. Full time professional and clerical assistance, properly qualified, shall be provided as required to the commission by the department.
The commission shall have the following powers and duties:
(1) Make recommendations to the commissioner and to the administrative judge of the family court of the state of New York within the city of New York on all phases of the foster care of children including recommendations designed to prevent the need for such care.
(2) Make recommendations to the appropriate authorities for the establishment of proper standards for the foster care of children, except insofar as such standards have been established pursuant to law by the board of health of the city of New York or the board of social welfare of the state of New York.
(3) Study and report the extent and nature of the facilities required to provide adequate foster care for children.
(4) Coordinate temporary care services and make recommendations as to the type of children and the age range to be admitted to any temporary shelter, in order that the needs of children may be served by the proper and adequate provision of accommodations, and so as to avoid duplication or overlapping of service.
(5) Individually or collectively visit temporary shelters in accordance with rules promulgated by the commission; recommend to the commissioner and to the administrative judge of the family court of the state of New York within the city of New York studies of foster care facilities with the cooperation of private agencies.
(6) Recommend that the department maintain such records and compile such statistics as the commission may deem desirable, subject to the approval of the commissioner.
(7) Through appropriate channels, advise foster care agencies and institutions receiving public funds on all matters relating to the development and modification of programs to meet changing foster care needs.
(8) Make appropriate recommendations to the commissioner and to the administrative judge of the family court of the state of New York within the city of New York for submission to the mayor on all matters affecting the foster care of children, annually or more often as required.
(9) Make appropriate recommendations to reduce insofar as possible the length of stay of children in temporary shelters.
Whenever required to do so by the commission or an authorized representative thereof, any public official or agency of the city of New York possessing information relating to the maintenance or operation of institutions or agencies for the care of children, or maintaining records with respect thereto, shall make such information and records available, and shall furnish transcripts or copies thereof, to the commission.
It shall be the function of this commission to utilize all methods provided by law to discourage and prevent any discrimination because of race, color or national origin in the foster care of children.
In relation to foster care of children the commission shall make appropriate recommendations for the enforcement of all provisions of laws relating to foster care including those laws which provide for the preservation and protection of the religious faith of the child to the end that whenever a child is placed or committed by the department or remanded or committed by the family court to any family or to any duly authorized association, agency, society, or institution, such placement, remand or commitment must be made, when practicable, to a family or to a duly authorized association, agency, society, or institution under the control of persons of the same religious faith or persuasion as that of the child; provided that any and all such foster care placements, whenever made, shall assure the preservation and protection of the religious faith of the child.
Whenever used in this section the following terms shall mean or include:
(1) “Foster care for children.” The care of abandoned, destitute, dependent, neglected or delinquent children or persons in need of supervision away from their own homes in institutions or foster homes or temporary shelters, in whole or in part at public expense, under the jurisdiction of a social services official or other authorized agency as defined in the social services law.
(2) “Temporary shelter.” Any establishment or agency receiving public funds which is operated or maintained for the temporary care of destitute, dependent, neglected or delinquent children or persons in need of supervision.
(3) “Temporary care.” Care of an abandoned, destitute dependent, neglected or delinquent child or person in need of supervision, in a temporary shelter for a brief and transient period, pending return of the child to its own home or placement in long-term care away from its own home.
§ 21-119 Screening of child care services personnel by persons, corporations or other entities under contract with the city.
Each person, corporation, or other entity under contract with the city to provide child care services shall be responsible for the recruitment of appropriate personnel; verification of credentials and references; review of criminal record information; screening of all current and prospective personnel; and selection and hiring of all personnel necessary to furnish child care services. Screening shall include, but not be limited to (1) fingerprinting; (2) review of criminal convictions and pending criminal actions, provided that the contractor shall not dismiss or permanently deny employment to current and prospective personnel who are subjects of pending criminal actions, but may suspend such current personnel or defer employment decisions on such prospective personnel until disposition of the pending criminal action; (3) inquiry with the statewide central register of child abuse and maltreatment and; (4) for prospective personnel, inquiry with the applicant’s three most recent employers. Each such contractor is hereby authorized and required to have all current and prospective personnel fingerprinted by an appropriate city agency.
As a condition of employment and continued employment, the contractor shall obtain written consent from all current and prospective child care services personnel for fingerprinting and criminal record review. Denial of such consent shall be grounds for dismissal or refusal to hire.
The department shall require appropriate documentation from the contractor indicating compliance with this section. The requirements of subdivisions a and b of this section shall be incorporated in contracts for child care services entered into by the city, and any violation thereof shall be a material breach of the contract sufficient to cause termination.
For purposes of this section, “personnel” shall include day care employees, family day care providers and members of their households, and head start employees.
§ 21-120 Training in detection and the dissemination of information about child abuse.
In addition to any other requirement pursuant to any other law or regulation, the department shall provide training in the detection and reporting of child abuse for all appropriate current and prospective day care and head start personnel.
The department shall issue and circulate an appropriate publication containing information with respect to child abuse. Such information shall be distributed to all providers of child day care services and to the parent or guardian of, or person legally responsible for, each child receiving day care services. Such publication shall contain the emergency telephone number to report suspected child abuse.
The department shall establish a telephone number to provide assistance and information with respect to child abuse and shall publicize the telephone number and require that such number be prominently displayed in all child day care centers.
§ 21-120.1 Family child care and group family child care.
Definitions. For the purposes of this section, the following definitions shall apply:
“Family child care provider” shall mean an individual who is registered pursuant to section three hundred ninety of the social services law.
“Group family child care provider” shall mean an individual who is licensed pursuant to section three hundred ninety of the social services law.
“Administration” shall mean the administration for children’s services.
“Child care provider” or “provider” shall mean a family child care provider or a group family child care provider.
“Authorized family child care service” shall mean an individual, association, corporation, partnership, institution, organization, or other entity that has been designated by the administration, or other appropriate agencies of the city and in consultation with the administration, as qualified to inspect the home of a family child care provider or group family child care provider seeking eligibility to provide subsidized child care, assist in bringing such provider into full compliance with all applicable laws, regulations and rules in order for such family child care provider or group family child care provider to be designated as eligible to provide subsidized child care and/or monitor the performance of a child care provider that is providing subsidized child care.
“Subsidized child care” shall mean all child care services provided by a child care provider paid for wholly or partially with public funds, where payment is made by or pursuant to grants or contracts with a child care provider or authorized family child care service or by issuance of a child care certificate to a parent.
“Child care certificate” shall mean a certificate or voucher that is issued directly to a parent who may use such certificate or voucher only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider.
“Parent” shall mean a custodial parent, legal guardian or other person having legal custody of a child.
The administration shall perform the tasks and provide the services described in this subdivision with respect to providers of subsidized child care provided, however, that such tasks and services may be delegated to an authorized family child care service to the extent permitted by law:
monitoring the care provided to each child and ensuring that each child’s individual needs are being met, identifying children in need of further evaluation and making appropriate referrals for individual or family-related services;
inspecting a child care provider’s home within thirty days of the placement of the first child receiving subsidized child care with that child care provider for the purpose of determining that such child care provider meets the requirements of section three hundred ninety of the social services law, the regulations promulgated thereunder, and any plan approved pursuant to section three hundred ninety of the social services law, and that the child care provider is capable of providing safe and suitable care to children which is supportive of their physical, intellectual, emotional and social well-being. When the inspection is to be conducted by an authorized family child care service, the child care provider shall furnish to such authorized family child care service a true copy of the provider’s completed application form and all other supporting documents and related materials in the provider’s possession. However, this paragraph shall not apply to those providers of subsidized child care who were providing such care prior to the effective date of this section and received payment for such care exclusively through child care certificates;
arranging for a visit to a child care provider’s home by a parent prior to the placement of such parent’s child receiving subsidized child care with that child care provider for the purpose of determining that such child care provider is capable of providing safe and suitable care which is supportive of that child’s physical, intellectual, emotional and social well-being;
inspecting the operation of every home where subsidized child care is provided no less than five times each year, which shall be in addition to and separate and distinct from any visits performed pursuant to paragraph (3) of this subdivision or mandated by the United States department of agriculture pursuant to the child and adult care food program, for the purpose of ensuring that child care is provided in accordance with the requirements of all applicable laws, regulations and rules, provided, however, that twenty percent of those providers of subsidized child care who are providing such child care on the effective date of this section and receive payment for such child care exclusively through child care certificates shall be inspected each month following approval of the provisions of this paragraph by the New York state office of children and family services, so that each such provider shall be inspected within five months subsequent to such approval, and all such providers shall be inspected four additional times during the first year following such approval;
inspecting the operation of every home where subsidized child care is provided no less than two times during the first six months in which a child care provider is providing subsidized child care and at least one additional time during the next six months, which shall be in addition to and separate and distinct from any visits and inspections required by paragraphs (2), (3) and (4) of this subdivision, except that this paragraph shall not apply to a provider who is participating in the child and adult care food program of the United States department of agriculture and those providers of subsidized child care who were providing such child care prior to the effective date of this section and received payment for such child care exclusively through child care certificates;
in addition to and separate and distinct from those visits and inspections required by paragraphs (3) and (4) of this subdivision, inspecting the operation of every home where subsidized child care is provided no less than two times during the first six months after the provider has had eligibility to provide subsidized child care restored subsequent to the effective date of this paragraph or has been adjudicated to have violated any provision of any applicable law, regulation or rule unless it is determined at the time the violation is adjudicated that the violation (a) did not adversely affect public health, (b) did not relate to on-site sanitation, fire hazards or safety hazards, (c) did not relate to staff qualifications or program requirements and (d) did not relate to the discipline, supervision or nutrition of any child in the provider’s care. The administration shall also perform such additional inspections as it determines are necessary for it to establish that a provider whose eligibility to provide subsidized child care has been restored is capable of providing safe and suitable care to children which is supportive of their physical, intellectual, emotional and social well-being and to establish that any violations of the type described in this paragraph have been corrected.
assisting in the collection and review of medical and immunization information which is required to be maintained for all children for which the provider is providing subsidized child care and the monitoring of those medical and immunization requirements;
providing instruction and training to child care providers, as needed, in order to comply with all applicable laws, regulations and rules;
assisting in the establishment and maintenance of all files necessary for the administration and any city agency acting on behalf of the state of New York to oversee the activities of the provider and to assist the provider in complying with all applicable laws, regulations and rules including the maintenance of attendance records;
assisting applicants and providers in properly preparing applications for licensing and registration and for the renewal of a license or registration;
assisting every child care provider in creating and maintaining a file containing fingerprint records of such provider and fingerprint records of every employee of such child care provider, any volunteer acting on behalf of such child care provider and any member of the household of such child care provider who is sixteen years of age and older, and overseeing the activities of each such provider to assure that fingerprint records are maintained for each person in a category described herein;
monitoring the files required to be maintained by every child care provider containing medical records of such provider and medical records of every employee of such child care provider, any volunteer acting on behalf of such child care provider and any member of the household of such child care provider and overseeing the activities of each such provider to assure that medical records containing the most up-to-date information are maintained for each person in a category described herein;
making determinations as to whether an individual who has submitted an application to be registered or licensed as a child care provider or a registered or licensed child care provider will be able to provide family child care or group family child care in accordance with all applicable laws, regulations, rules, and any plan approved pursuant to section three hundred ninety of the social services law and, where appropriate, designating such provider as eligible to provide subsidized child care. In making such a determination, the administration shall consider, but is not limited to considering, the following:
(i) that clearance with the State Central Register of Child Abuse and Maltreatment has been completed for the applicant or child care provider, every employee of such child care provider, volunteer acting on behalf of such child care provider and for any person eighteen years of age or older who resides in the home of such applicant or child care provider;
(ii) whether the applicant or child care provider, every employee of such child care provider, volunteer acting on behalf of such child care provider or any person residing in the applicant’s or child care provider’s household who is sixteen years of age or older has a record of criminal conviction, to the extent such information is available;
(iii) that the applicant or child care provider and every employee of such child care provider, volunteer acting on behalf of such child care provider and all other members of the household have had a health examination and been examined for tuberculosis within the previous twelve months;
(iv) that the child care provider maintains a register, or an approved equivalent, in a form to be provided by the New York state office of children and family services or provided for such purpose by another city or state office showing for each child for whom child care is provided:
(a) the name and date of birth of such child;
(b) the names and addresses of his or her parents, including designated emergency contact persons and their telephone numbers; and
(c) such other information as may be required by the state office of children and family services or other appropriate agency or office;
(v) that the child care provider has received or shall receive not less than the training required by section three hundred ninety-a of the social services law and any regulations promulgated pursuant thereto or the plan approved pursuant to paragraph f of subdivision three of section three hundred ninety of the social services law where such plan establishes different training requirements;
(vi) that children in child care have received or will receive instruction, consistent with their age, needs and circumstances as well as the needs and circumstances of the child care provider, in techniques and procedures which will enable such children to protect themselves from abuse and maltreatment; and
(vii) that the child care provider has a daily program that meets all applicable requirements set forth in parts 416 and 417 of title eighteen of the official compilation of the codes, rules and regulations of the state of New York, or any superseding regulations;
providing technical assistance to a child care provider in order to assure compliance with all applicable laws, regulations and rules and other services to ensure safe and suitable care to children which is supportive of their physical, intellectual, emotional and social well-being;
assisting parents in choosing an appropriate child care provider from among the child care providers eligible to provide subsidized child care;
providing detailed written information about the child and adult care food program operated by or on behalf of the United States department of agriculture to every provider of subsidized child care who is not enrolled in such program and to every applicant seeking to become a provider of subsidized child care at the time such application is submitted; and
encouraging providers and applicants to enroll in the child and adult care food program and assisting such persons in enrolling and to offer child care during times of day or days that enhance the capacity of parents to seek out and avail themselves of employment and educational opportunities.
In the event that an authorized family child care service obtains information that a provider of subsidized child care cannot provide or is not providing child care in accordance with the requirements of all applicable laws, rules and regulations, the authorized family child care service shall immediately provide the administration with such information. If the administration concludes that safe and suitable care to children which is supportive of their physical, intellectual, emotional, and social well-being cannot be or is not being provided, such child care provider shall not be eligible to provide subsidized child care in such home. The administration shall not continue to subsidize through any mechanism the child care of children in such home until such time as the administration has determined that such child care provider can provide such safe and suitable care.
Not later than sixty days following the effective date of this section, the administration shall submit in accordance with section three hundred ninety of the social services law a plan or all amendments to any existing plan necessary to make such plan consistent with the provisions of this section, together with an explanation justifying the need to impose additional requirements upon providers of subsidized child care and a plan to monitor compliance with such additional requirements and all applicable laws, regulations and rules.
The plan submitted by the administration shall request authority for the administration to provide the training mandated by section 390-a of the social services law or the plan or delegate the provision of such training to an authorized family child care service. The administration shall include in this request an application for the release of such funds as may be available for such training within the city of New York. The authority of the administration to provide training under such a plan shall be contingent upon granting of the authority and the release of funds from the state.
The plan submitted by the administration shall also include provisions imposing upon every provider of subsidized child care the following requirements:
(i) such child care provider’s home shall be made available for inspection by the administration or an authorized family child care service for the purpose of determining that such child care provider meets the requirements of section three hundred ninety of the social services law, the regulations promulgated thereunder and any plan approved pursuant to section three hundred ninety of the social services law and that the child care provider is capable of providing safe and suitable care to children which is supportive of their physical, intellectual, emotional and social well-being. When the inspection is to be conducted by an authorized family child care service, the child care provider shall furnish to such authorized family child care service a true copy of the provider’s completed application form and all other supporting documents and related materials in the provider’s possession;
(ii) when it is determined that the home of a child care provider who desires to provide subsidized child care is not in full compliance with all applicable laws, regulations and rules, the child care provider shall bring such home into full compliance with all applicable laws, regulations and rules;
(iii) a child care provider shall be eligible to provide subsidized child care only if such provider will:
(a) personally provide the child care in the provider’s own home;
(b) be the only provider of child care in that home; and
(c) provide assistant caregivers in a group family child care home with any and all employment benefits as may be required by state and federal law, including paying such caregivers at least the minimum wage set forth in article nineteen of the labor law;
(iv) ensure that each caregiver and any assistant caregiver has received or will receive not less than fifteen hours of training within the first year of their registration or licensure, and each biennial period thereafter, which training shall begin prior to or within the first three months after the placement with such child care provider of the first child whose child care is subsidized through attending or completing programs that upon completion provide six hours of training. Such training shall include, but shall not be limited to, the following topics:
(a) principles of early childhood development;
(b) nutrition and health needs of infants and children;
(c) child care program development;
(d) safety and security procedures;
(e) business record maintenance and management;
(f) child abuse and maltreatment identification and prevention;
(g) all laws, regulations and rules pertaining to child care and child abuse and maltreatment.
Within sixty days of receipt of written approval of the plan or amendments to any existing plan submitted pursuant to subdivision d of this section, the administration shall take all steps necessary to implement such plan or amended plan and monitor compliance by child care providers and any authorized family child care service.
In drafting a plan or amendments to any existing plan as required by subdivision d of this section, the administration shall include such other provisions as are necessary to implement the requirements of this section.
In the event that any portion of the plan or any of the proposed amendments to an existing plan submitted pursuant to subdivision d of this section is not approved, that disapproval shall not affect any other provision of such plan or amendment and each provision shall be implemented and enforced to the extent approved by the state.
Nothing in the plan submitted pursuant to subdivision d of this section is intended to be nor shall it be construed in such a manner as to be inconsistent with any provision of federal law or any regulation promulgated thereunder, nor shall be it be construed as affecting any provision of section three hundred ninety of the social services law and any regulations promulgated thereunder authorizing any enforcement activity against a child care provider including, but not limited to, a proceeding to suspend, revoke, limit or terminate a license or registration to provide child care. If any provision is so construed by a court of law or if a written determination or other notice is issued by a state or federal agency or office that there will be a significant loss of funding as a result of any provision, such provision shall be null and void.
Smoking shall not be permitted and no person shall smoke within one hundred feet of the entrances, exits or outdoor areas of any after-school program licensed pursuant to this section; provided, however, that the provisions of this subdivision shall only apply on those days and during those hours in which such after-school programs are operational; and provided that the provisions of this subdivision shall not apply to smoking in a residence, or within the real property boundary lines of such residential real property. Signs may be posted, pursuant to subdivision three of section thirteen hundred ninety-nine-p of the public health law, specifying the specific time period during which smoking shall be prohibited.
§ 21-120.2 Home care services.
Not later than January 1, 1993, pursuant to social services law section 367-n(3), the commissioner of social services shall submit to the state departments of social services and health a request for a waiver, in lieu of a delegation plan, from the requirement of social services law section 367-n(2).
§ 21-120.3 Temporary task force on child care funding.
Not later than thirty days from the effective date of this section as amended, there shall be a temporary task force on child care funding established by the mayor which shall consist of representatives of each city agency authorized to license, permit, fund, or otherwise regulate child care facilities or services and such other persons as shall be provided for in this section. City agency representatives to such task force shall include, but shall not be limited to, representatives of the human resources administration and the department of health and mental hygiene. The comptroller of the city of New York may designate a representative to serve on such task force. Additional members of such task force shall be appointed as follows: five members appointed by the speaker of the council and six, including the chairperson of the task force, by the mayor. Such additional members of the task force shall include, but shall not be limited to, representatives of child care providers. The members of the task force, including the chairperson, shall serve without compensation.
Not later than seven months from the effective date of this section as amended, the temporary task force on child care funding shall submit a report to the mayor and the speaker of the council. Such report shall include, but shall not be limited to:
(1) identification of the current public and private funding sources for child care facilities and services;
(2) analysis of the allocation and use of the public funds provided to such child care facilities and services;
(3) recommendations to improve the funding of such child care facilities and services; and
(4) recommendations to eliminate or reduce the duplication and fragmentation of child care services and otherwise enhance the efficiency, effectiveness and economy of service delivery.
During its deliberations, the task force may invite the participation of child care providers, parents of children enrolled in child care programs and not-for-profit child advocacy organizations. To facilitate such deliberations, the task force shall hold a minimum of two public hearings, one of which shall be held in the evening to permit greater parental participation.
§ 21-121 [Reserved]
There is hereby established a temporary commission on childhood and child caring programs consisting of fifteen members. The mayor shall appoint nine members, one of whom shall serve as chairperson. The speaker of the council shall appoint six members. None of the fifteen members appointed by the mayor or the speaker shall be elected officials or employees of the city of New York. In addition, the president of the council, the comptroller, the human resources administrator, the chancellor of the board of education of the city, the chairperson of the general welfare committee of the council, the commissioner of the department of health and mental hygiene of the city, the commissioner of the department of mental health of the city, the speaker of the council or his or her representative, and a representative from the office of the mayor shall each serve as a non-voting, ex-officio member of the commission or shall designate a person to serve in his or her place. The commissioner of the department of social services of the state of New York may, at his or her discretion, serve as a non-voting, ex-officio member of the commission or designate a person to serve in his or her place. Such commission shall have a duration of nine months. The members of the commission shall be appointed within thirty days of the effective date of this section. Each member, including each ex-officio member, shall serve without compensation for the duration of the commission.
The commission may appoint an executive director to serve at its pleasure and may employ or retain such other employees and consultants as are necessary to fulfill its functions, within appropriations for such purposes.
On or before the thirtieth day of September nineteen hundred ninety-one, the commission shall issue a report to the mayor and the council. The report shall make specific recommendations with respect to the areas listed below and shall include an assessment of the fiscal implications of such recommendations:
The role of childhood and child caring programs in education;
The role of childhood and child caring programs in providing support to families;
The role of childhood and child caring programs in community development;
The role of childhood and child caring programs for children with special needs, including, but not limited to, children with mental and physical disabilities, homeless children and children in need of preventive services;
The role of childhood and child caring programs in welfare reform;
The role of employers in the public and private sectors in providing childhood and child caring programs;
Methods to increase the number of licensed day care facilities and family day care providers and to recruit and retain personnel for childhood and child caring programs, including, but not limited to, tax incentives;
Methods to obtain additional resources for childhood and child caring programs and to improve the allocation of existing resources;
Methods to make childhood and child caring programs affordable for more families; and
The need, if any, to change licensing standards to promote childhood and child caring programs.
Notwithstanding subdivision a of this section, the mayor shall appoint four additional members to the commission, and the speaker of the council shall appoint two additional members. None of the members appointed pursuant to this subdivision shall be elected officials or employees of the city of New York. Each additional member shall serve without compensation for the duration of the commission.
§ 21-124 Prohibiting the use of Tier I shelters.
The city shall not establish henceforth any Tier I shelters as defined in 18 NYCRR § 900.2 through § 900.18. After September 30, 1991, the city of New York shall not operate any Tier I shelters. b.
No homeless family shelter shall be established which does not provide a bathroom, a refrigerator and cooking facilities and an adequate sleeping area within each unit within the shelter and which otherwise complies with state and local laws. All Tier II shelter units shall be such that they may be converted to be used for permanent housing with a minimum of structural change.
The following units are exempted or partially exempted from the provisions of paragraph one of this subdivision: (i) the Tier II units presently in operation shall be exempt; (ii) the 2,450 units of Tier II shelter housing currently in the construction pipeline shall be exempt; and (iii) units in facilities for battered women or substance and alcohol abusers which meet all state requirements for such programs may provide congregate dining and bathing arrangements.
The requirements of this subdivision shall not apply in cases where the provisions of § 21-121(3) are invoked.
Until June 30, 1992, notwithstanding any provision of this section, the mayor may authorize homeless families to be sheltered in any facility approved by the appropriate state authority for such purpose upon a finding by the commissioner that the city has more homeless families in need of shelter than the system can accommodate, for the following reasons:
(1) the pattern of length of stay of families entering the system each month shows that the length of stay is increasing over time;
(2) the city has experienced unexpected impediments to the construction or rehabilitation of permanent or transitional housing units, including, but not limited to work stoppages, natural disasters, unanticipated site conditions relating to such matters as soil conditions, contractor delays, availability of sewers, or the presence of asbestos which requires remedial action;
(3) the city has not obtained necessary approval for sites selected for facilities to shelter homeless families;
(4) construction or rehabilitation of permanent or transitional housing for homeless families has been and continues to be enjoined by court order;
(5) an emergency such as a flood, earthquake or fire, or a medical emergency as certified by the commissioner of health, has rendered existing shelters unsuitable for use to house homeless families;
(6) the number of homeless families requesting emergency housing exceeds the capacity of the system at any point in time; or
(7) any other emergency circumstance. Such finding shall be made in writing and shall specify the time the commissioner anticipates will be needed for the city to meet the requirements of subdivisions a and "Such finding shall be delivered promptly, and, when practicable, prior to the use of facilities pursuant to this subdivision, to the mayor, the speaker of the council, any council member in whose district families are to be sheltered pursuant to this subdivision, and to the families who receive shelter in facilities not meeting the requirements of subdivisions a and b. Within fifteen days of having made such finding, and at such other times as the council may request, the mayor shall report to the council on the plans to meet the requirements of subdivisions a and b and the progress that has been made in implementing such plans. The commissioner shall insure that the social service and medical needs of families sheltered pursuant to this subdivision shall be met in accordance with state regulations in 18 NYCRR § 900.2 through § 900.18 for Tier II shelters. Notwithstanding any provision of this paragraph, between September 30, 1991 and June 30, 1992, the shelters located at 282 East 3rd Street and 151 East 151st Street may be used for families except for homeless families with children."
Notwithstanding the provisions of this section, on and after July 1, 1992, the commissioner of social services, after consultation with the speaker of the council, may certify that an emergency exists, pursuant to the criteria expressed in subdivision c, that requires the use of tier I shelters to meet legal mandates to provide shelter for homeless persons and, upon transmission of such certification for publication in the City Record together with a statement of the reasons therefor, which shall include a statement and documentation that there is no other alternative form of shelter available that complies with state and local regulations including invoking the powers under § 21-121(3), may direct the use of such tier I shelters which are consistent with state and local laws as are necessary to meet the emergency; provided, however, that the commissioner of social services may not utilize a tier I shelter for more than forty-five days unless a local law shall be enacted permitting such use for the shelter.
§ 21-124.1 Homeless diversion teams.
The commissioner shall fully staff “homeless diversion teams” at each income support center and emergency assistance unit except those that exclusively service individuals. Such homeless diversion teams shall screen families who present themselves as being homeless and in need of transitional housing in an effort to assist those who can to return to former housing situations. Beginning on October 1, 1995 and on the first day of each succeeding calendar quarter thereafter, the commissioner shall report to the speaker of the city council in writing on the homeless diversion teams including, but not limited to, the following information aggregated on a quarterly and fiscal year annualized basis;
the number of clients interviewed;
the number of clients diverted, how and to where diverted; and
the number of clients who presented themselves as homeless during the reporting period subsequent to a diversion and the number of days since such initial diversion.
§ 21-125 Computer linkages to any emergency assistance unit and assessment center.
[Expired]
§ 21-126 Division of AIDS services.
There shall be a division of AIDS services within the New York city department of social services. Such division shall provide access to benefits and services as defined in section 21-128(a)(1) of this chapter to every person with clinical/symptomatic HIV illness, as determined by the New York state department of health AIDS institute, or with AIDS, as defined by the federal centers for disease control and prevention, who requests assistance, and shall ensure the provision of benefits and services to eligible persons as defined in section 21-128(a)(3) of this chapter with clinical/symptomatic HIV illness or with AIDS.
§ 21-127 Case management and allowances.
The commissioner shall direct staff of the division of AIDS services to provide to persons with clinical/symptomatic HIV illness, as determined by the New York state department of health AIDS institute, or persons with AIDS, as defined by the federal centers for disease control and prevention, who satisfy the income eligibility requirements for medicaid as set forth in 42 U.S.C. § 1396, et. seq.: (i) intensive case management with an average ratio which shall not exceed one caseworker or supervisor to twenty-five family cases, and with an overall average ratio for all cases which shall not exceed one caseworker or supervisor to thirty-four cases; and (ii) transportation and nutrition allowances. Such transportation and nutrition allowances shall be provided to each such person in an amount not less than the amount per person provided on the effective date of the local law that added this section. Notwithstanding the requirements of this section, in the event of a material reduction in the state of New York’s funding allocation, the council and the mayor may modify such amount of allowances pursuant to section 107 or sections 254, 255 and 256 of the charter of the city of New York.
§ 21-128 Benefits and services to be provided to persons with clinical/symptomatic HIV illness or with AIDS.
Whenever used in this section, the following terms shall be defined as follows:
“Access to benefits and services” shall mean the provision of assistance by staff of the division to a person with clinical/symptomatic HIV illness or with AIDS at a single location in order to apply for publicly subsidized benefits and services, to establish any and all elements of eligibility including, but not limited to, those elements required to be established for financial benefits, and to maintain such eligibility and shall include, but not be limited to, assistance provided at a field office of the department, at the home of the applicant or recipient, at a hospital where such applicant or recipient is a patient or at another location, in assembling such documentation as may be necessary to establish any and all elements of eligibility and to maintain such eligibility;
“Completed application” means:
(a) the date on the client’s receipt indicating that the application is complete pursuant to paragraph 2 of subdivision c of this section; or
(b) where no receipt is provided, the date on which the client has provided the division with all of the information and documentation necessary to complete the client’s application for a benefit or service; or
(c) in the case of a separate determination of eligibility for medicaid or food stamps, the date on which a person’s application for public assistance was denied or a recipient’s public assistance case was closed.
“Division” shall mean the division of AIDS services as established pursuant to § 21-126 of this chapter, or its functional or legal equivalent;
“Eligible person” shall mean a person who satisfies the eligibility requirements established pursuant to applicable local, state or federal statute, law, regulation or rule for the benefits and services set forth in subdivision b of this section or for any other benefits and services deemed appropriate by the commissioner;
“Immediate needs grant” means a pre-investigation grant provided to a person who appears to be in immediate need;
“Legally mandated time frame” means the time period within which a benefit or service must be provided to an eligible applicant under federal, state or local law, rule, regulation or by order of a court of competent jurisdiction;
“Medically appropriate transitional and permanent housing” shall mean housing which is suitable for persons with severely compromised immune systems, and if necessary, accessible to persons with disabilities as defined in section 8-102 of this code. Such housing shall include, but not be limited to, individual refrigerated food and medicine storage and adequate bathroom facilities which shall, at a minimum, provide an effective locking mechanism and any other such measures as are necessary to ensure privacy;
“Non-emergency housing” shall mean housing provided or administered by the division, including but not limited to programs referred to as scatter site I housing, scatter site II housing and congregate housing;
“Person with clinical/symptomatic HIV illness or with AIDS” shall mean a person who has at any time been diagnosed with clinical/symptomatic HIV illness, as determined by the New York state department of health AIDS institute, or a person with AIDS, as defined by the federal centers for disease control and prevention;
“Processing time for applications for benefits or services” means the length of time required to process an application for benefits or services administered by the division, which shall not be represented in terms of averages, but shall be reported in terms of categories covering various periods of time as follows:
(a) for non-emergency applications for food stamps, medicaid and public assistance benefits: 0 to 15 days; 16 to 30 days; 31 to 45 days; 46 to 65 days; 66 to 75 days; and more than 76 days;
(b) for immediate needs grants and expedited food stamps: same day; 1 to 5 days; 6 to 10 days; 11 to 17 days; and more than 18 days;
(c) for all other non-emergency benefits and services, including but not limited to exceptions to policy for enhanced rental assistance and additional allowances: 0 to 15 days; 16 to 30 days; 31 to 45 days; 46 to 75 days; and more than 76 days;
(d) for all other benefits and services provided on an emergency basis, including benefits and services currently referred to as “emergency CBCFAs”: (i) in reporting the time frame from completed application to approval or denial: 0 to 2 days; 3-5 days; 6-10 days; 11-15 days; and more than 16 days; and (ii) in reporting the time frame from approval to provision of the benefit: 0-1 days; 2-5 days; 6-10 days; 11-15 days; and more than 16 days; and
(e) for applications for non-emergency housing: 0 to 15 days; 16 to 30 days; 31 to 45 days; 46 to 75 days; 76 to 100 days; and more than 100 days.
“Separate determination of eligibility for medicaid or food stamps” means a determination regarding eligibility for medicaid or food stamps made either when a person’s application for public assistance has been denied or when a recipient’s public assistance case is closed.
The commissioner shall direct staff of the division of AIDS services to provide access to benefits and services to every eligible person with clinical/symptomatic HIV illness or with AIDS who requests assistance, and shall ensure the provision of benefits and services to eligible persons with clinical/symptomatic HIV illness and with AIDS. Any eligible person shall receive only those benefits and services for which such person qualifies in accordance with the applicable eligibility standards established pursuant to local, state or federal statute, law, regulation or rule. Such benefits and services shall include, but not be limited to: medically appropriate transitional and permanent housing; medicaid, as set forth in 42 U.S.C. § 1396, et seq., and other health-related services; home care and home health services as set forth in sections 505.21 and 505.23 of title 18 of the official compilation of the codes, rules and regulations of the state of New York; personal care services as set forth in section 505.14 of title 18 of the official compilation of the codes, rules and regulations of the state of New York; homemaker service as set forth in part 460 of title 18 of the official compilation of the codes, rules and regulations of the state of New York; food stamps, as set forth in 7 U.S.C. § 2011, et seq.; transportation and nutrition allowances as required by section 21-127 of this chapter; housing subsidies, including, but not limited to, enhanced rental assistance as set forth in section 397.11 of title 18 of the official compilation of the codes, rules and regulations of the state of New York; financial benefits; and intensive case management as required by section 21-127 of this chapter. The commissioner shall have the authority to provide access to additional benefits and services and ensure the provision of such additional benefits and services whenever deemed appropriate. The requirements with respect to such access to and eligibility for benefits and services shall not be more restrictive than those requirements mandated by state or federal statute, law, regulation or rule. Within thirty days of the effective date of the local law that added this section, the commissioner shall establish criteria pursuant to which an applicant shall be entitled to a home or hospital visit for the purpose of establishing eligibility and applying for benefits and services.
Upon written or oral application to the division for benefits and services or submission of documents required to establish eligibility for benefits and services by a person with clinical/symptomatic HIV illness or with AIDS, such person shall immediately be provided with a receipt which shall include, but not be limited to, the date, a description of the information received, and a statement as to whether any application for such benefits and services is complete or incomplete, and if incomplete, such receipt shall identify any information or documents needed in order for the application to be deemed complete.
Processing of applications for medically appropriate non-emergency housing.
(a) Unless the client shall decline, the division shall provide the following to every homeless client of the division on the day the client is determined to be eligible for services as a client of the division:
(i) an application for medically appropriate non-emergency housing; and
(ii) information regarding financial assistance available to assist eligible clients in obtaining housing and regarding available housing options.
(b) The division shall ensure that every client receives any assistance needed to complete the application for medically appropriate non-emergency housing within 10 business days of the day on which the client is determined to be eligible for services as a client of the division.
(c) Within 90 days of initial placement in emergency housing or of completion of the physical documentation required from the client for the application for non-emergency housing, whichever is sooner, the division must provide every client who is eligible for non-emergency housing a referral to an available medically appropriate non-emergency housing option, which takes into consideration the medical, educational and familial needs and social circumstances of the client, to the extent such option is available.
(d) For any client who remains homeless or in emergency housing for over 45 days after the requirements of subparagraph (c) of this paragraph or the requirements of this subparagraph have been met, the division shall provide a referral to another medically appropriate non-emergency housing option, to the extent such option is available.
Where no statute, law, regulation or rule provides a time period within which a benefit or service shall be provided to an eligible person who requests such a benefit or service, such benefit or service shall be provided no later than twenty business days following submission of all information or documentation required to determine eligibility.
Where a person with clinical/symptomatic HIV illness or with AIDS who applies for benefits and services, or access to benefits and services, indicates that one or more minor children reside with him or her or are in his or her care or custody, such person shall be given information and program referrals on child care options and custody planning, including the availability of standby guardianship pursuant to section 1726 of the surrogate’s court procedure act of the state of New York and referral to legal assistance programs.
Recertification of eligibility, as required by any state or federal law, statute, regulation or rule shall be conducted no more frequently than mandated by such statute, law, regulation or rule.
Eligibility for benefits and services for persons with clinical/symptomatic HIV illness or with AIDS may not be terminated except where the recipient is determined to no longer satisfy eligibility requirements, is deceased, or upon certification by the commissioner that the recipient cannot be located to verify his or her continued eligibility for benefits and services. In the latter circumstance, the division shall conduct a reasonable good faith search for at least a ninety-day period to locate the recipient, including sending written notice by certified mail, return receipt requested, to the last known address of such recipient, requiring the recipient to contact the division within ten days.
Not later than sixty days from the effective date of the local law that added this section, the commissioner shall prepare a draft policy and procedures manual for division staff. Such policy and procedures manual shall include, but not be limited to, strict guidelines on maintaining the confidentiality of the identity of and information relating to all applicants and recipients, instructional materials relating to the medical and psychological needs of persons with clinical/symptomatic HIV illness or with AIDS, application procedures, eligibility standards, mandated time periods for the provision of each benefit and service available to applicants and recipients and advocacy resources available to persons with clinical/symptomatic HIV illness or with AIDS. Such list of advocacy resources shall be updated semi-annually. Within thirty days following the preparation of such draft policy and procedures manual and prior to the preparation of a final policy and procedures manual, the commissioner shall distribute such draft policy and procedure manual to all social service agencies and organizations that contract with the department to provide HIV-related services and to all others whom the commissioner deems appropriate, and hold no fewer than one noticed public hearing at a site accessible to the disabled, at which advocates, service providers, persons who have tested positive for HIV, and any other member of the public shall be given an opportunity to comment on such draft policy and procedures manual. The commissioner shall prepare a final policy and procedures manual within thirty days after the conclusion of such hearing and shall thereafter review and where appropriate, revise such policy and procedures manual on an annual basis. The commissioner shall provide for semi-annual training, using such policy and procedures manual, for all division staff.
Not later than sixty days from the effective date of the local law that added this section, the commissioner shall publish a proposed rule establishing a bill of rights for persons with clinical/symptomatic HIV illness or with AIDS. Such draft bill of rights shall include, but not be limited to, an explanation of the benefits and services for which persons with clinical/symptomatic HIV illness or with AIDS may be eligible; timetables within which such benefits and services shall be provided to eligible persons; an explanation of an applicant’s and recipient’s right to examine his or her file and the procedure for disputing any information contained therein; an explanation of an applicant’s and recipient’s right to a home or hospital visit for the purpose of applying for or maintaining benefits or services; an explanation of the process for requesting a division conference or New York state fair hearing; and a summary of the rights and remedies for the redress of discrimination as provided for in title eight of this code. Within sixty days following the publication of such proposed rule, and prior to the publication of a final rule, the commissioner shall hold no fewer than one noticed public hearing at a site accessible to the disabled at which advocates, service providers, persons who have tested positive for HIV, and any other member of the public shall be given an opportunity to comment on such draft bill of rights. The commissioner shall publish a final rule within thirty days after the conclusion of such hearing and shall thereafter review, and where appropriate, revise such bill of rights on an annual basis. Such bill of rights shall be conspicuously posted in all division offices that are open to the public and shall be available for distribution to the public in English, Spanish and any other languages that the commissioner deems appropriate.
Not later than ninety days from the effective date of the local law that added this section, the commissioner shall establish a policy or procedure for overseeing and monitoring the delivery of services required pursuant to this section to persons with clinical/symptomatic HIV illness or with AIDS which shall include, but not be limited to, quality assurance measurements. The commissioner shall submit such policy or procedure to the mayor and the council in writing within ten days from the date such policy or procedure is established.
The commissioner shall submit written, quarterly reports to the mayor and the council that shall, at a minimum, provide the following information:
The number of persons with clinical/symptomatic HIV illness or with AIDS who requested benefits or services set forth in subdivision b of this section or any other benefits or services provided by the division.
The processing time for applications for benefits or services, disaggregated by field office, type of benefit and individual versus family case, specified as follows:
(i) for non-emergency applications for food stamps, medicaid and public assistance benefits, including separate determinations of eligibility for medicaid or food stamps:
(1) the number of days from completed application to the provision of the benefit or service; and
(2) in cases of denial, the number of days from the completed application to denial of the application.
(ii) for immediate needs grants and expedited food stamps:
(1) the number of days from the request date to the date of issuance of a grant; and
(2) in cases of denial, the number of days from the request date to the date of denial.
(iii) for all other non-emergency benefits or services provided by or through any division center or office, including but not limited to exceptions to policy for enhanced rental assistance and additional allowances:
(1) (a) the number of days from initial request to completed application; and
(b) the number of days from completed application to the provision of the benefit or service; and
(2) in cases of denial, the number of days from completed application to denial of the application.
(iv) for all other benefits or services provided on an emergency basis, including but not limited to exceptions to policy for enhanced rental assistance and additional allowances:
(1) the number of days from initial request to completed application;
(2) the number of days from completed application to approval or denial of the application; and
(3) the number of days from approval of an application to the provision of the benefit or service.
(v) for applications for non-emergency housing:
(1) the number of days from a request for housing to completed application;
(2) the number of days from completed application to approval or denial of the application;
(3) the number of days from approval of an application to the date on which the client takes occupancy of non-emergency housing; and
(4) with respect to applications that are approved, the number of days from completed application to the date on which the client takes occupancy of non-emergency housing.
The number of division staff, by job title, whose duties include providing benefits and services or access to benefits and services pursuant to this section, disaggregated by field office and family versus overall cases; the number of cases at each field office, disaggregated by family versus overall cases; and the ratio of case managers and supervisors to clients at each field office, disaggregated by family versus overall cases.
The number of cases closed, disaggregated by the reasons for closure.
The number of closed cases that were re-opened, the length of time required to re-open such closed cases, starting from the date on which the case was closed, and the total number of cases closed in error and the length of time required to reopen such closed cases, starting from the date on which the case was closed, disaggregated by field office and reported in the following categories: 0 to 15 days; 16 to 30 days; 31 to 45 days; 46 to 60 days; 61 to 75 days; 76 to 90 days; and more than 91 days.
The number of administrative fair hearings requested, the number of fair hearing decisions in favor of applicants and recipients and the length of time for compliance with such fair hearing decisions, disaggregated by decisions where there was compliance within 30 days of the decision date and decisions where there was compliance after 30 days of the decision date;
The number of proceedings initiated pursuant to article 78 of the civil practice law and rules challenging fair hearing decisions, and the number of article 78 decisions rendered in favor of applicants or recipients;
The number of clients in emergency housing and the average length of stay, disaggregated on a monthly basis;
The number of facilities used to provide emergency shelter for clients and the number of units per facility, disaggregated by the type of facility; 10. The number of facilities used to provide emergency shelter placed on non-referral status for each month in the reporting period and the number of facilities placed on non-referral status that remedied the situation that led to non-referral status.
The number of facilities used to provide emergency shelter placed on discontinuance of use status and the number of facilities placed on discontinuance of use status that remedied the situation that led to discontinuance of use status.
The number of requests for emergency housing assistance, the number of persons referred to the department of homeless services; the number of persons referred to commercial single room occupancy hotels, the average length of stay in commercial single room occupancy hotels, the number of applications for non-emergency housing each month; and the number of persons placed in non-emergency housing each month.
The number of inspections of emergency housing conducted by the division.
Quarterly reports required by this subdivision shall be delivered no later than 60 days after the last day of the time period covered by the report. The first quarterly report required by this subdivision shall be delivered no later than August 31, 2005.
There shall be an advisory board to advise the commissioner on the provision of benefits and services and access to benefits and services to persons with clinical/symptomatic HIV illness or with AIDS as required by this section. This advisory board shall consist of eleven members to be appointed for two-year terms as follows: five members, at least three of whom shall be eligible for benefits and services pursuant to this section, who shall be appointed by the speaker of the council and six members, including the chairperson of the advisory board, at least three of whom shall be eligible for benefits and services pursuant to this section, who shall be appointed by the mayor. The advisory board shall meet at least quarterly and members shall serve without compensation. Such advisory board may formulate and recommend to the commissioner a policy or procedure for overseeing and monitoring the delivery of services to persons with clinical/symptomatic HIV illness or with AIDS which may include quality assurance measurements. Such advisory board shall submit such recommended policy or procedure to the mayor and the council upon submission to the commissioner.
Centralized housing referral and placement system.
(1) Development and maintenance of referral and placement system. Within one year of the effective date of the local law that added this subdivision, the commissioner shall establish and maintain a housing referral and placement system to track referrals to and placements in emergency and non-emergency housing and to track the conditions at emergency facilities at which clients with clinical/symptomatic HIV illness or with AIDS reside. At a minimum, the housing referral and placement system required by this subdivision shall have: (i) a mechanism to track vacancies at non-emergency housing facilities and to match eligible applicants to appropriate vacancies; (ii) a mechanism to track conditions at emergency housing facilities; and (iii) a mechanism to track the outcome of referrals and length of stay at emergency housing facilities and non-emergency housing facilities.
§ 21-129 Opioid antagonist administration training
Definitions. For the purposes of this section, the following terms have the following meanings:
HASA facility. The term “HASA facility” means single room occupancy hotels or congregate facilities managed by a provider under contract or similar agreement with the department.
Opioid. The term “opioid” means an opiate as defined in section 3302 of the public health law.
Opioid antagonist. The term “opioid antagonist” means naloxone or other medication approved by the New York state department of health and the federal food and drug administration that, when administered, negates or neutralizes, in whole or in part, the pharmacological effects of an opioid in the human body.
Opioid antagonist administration training. The term “opioid antagonist administration training” means a program with the purpose of training individuals encountering a suspected opioid overdose about the steps to take in order to prevent a fatality, including contacting emergency medical services, and administering an opioid antagonist.
Opioid antagonist administration training.
The department shall provide opioid antagonist administration training to staff working at HASA facilities as identified by the department that may encounter persons experiencing or who are at high risk of experiencing an opioid overdose. The department shall require providers to ensure that at a minimum one such trained staff is on duty at a HASA facility at all times during the provider’s usual business hours.
For such staff identified by the department, the department shall (i) provide a refresher training every two years or (ii) otherwise require that each trained employee undergo a refresher training every two years.
The department shall develop and implement an opioid overdose training plan to offer opioid overdose training to residents of HASA facilities who may encounter persons experiencing or who are at a high risk of experiencing an opioid overdose. No later than March 1, 2018, the commissioner of the department of social services shall submit to the mayor and the speaker of the council, and post online, a comprehensive opioid overdose training plan for such residents. Such plan shall include, but need not be limited to:
(a) Strategies for the agency to offer opioid antagonist administration training to such residents of HASA facilities;
(b) Information on how such residents will be informed about the availability of such training;
(c) Information specific to the availability of such training;
(d) Information specific to the availability of opioid antagonist at HASA facilities; and
(e) The date by which the implementation of such plan will commence.
Beginning no later than September 1, 2018, and no later than every September 1 thereafter, the commissioner shall submit to the mayor and the speaker of the council an annual report regarding (i) the number of department employees and employees of service providers under contract with the department who have completed the opioid antagonist administration training, (ii) the number of department employees and employees of service providers under contract with the department who have completed a refresher training, and (iii) the number of residents living HASA facilities who have completed the opioid antagonist administration training. Such report shall also include the number of times an opioid antagonist was administered to a resident disaggregated by the type of facility where the administration occurred.
§ 21-129.1 Referral of additional services.
Definitions. For the purposes of this section, the term “HASA facility” means single room occupancy hotels or congregate facilities that serve HASA recipients and are managed by a provider under contract or similar agreement with the department.
The department shall refer any individual who discloses to their case manager, as defined in section 21-127, that while in a HASA facility, they received an opioid antagonist to combat symptoms consistent with those of an opioid overdose occurring within a HASA facility, to appropriate service providers for appropriate additional services.
§ 21-130 Shelter and related services for victims of domestic violence.
The city shall provide emergency shelter and/or related services to victims of domestic violence to the extent required by sections 131-u and 459-a of the social services law. A victim of domestic violence shall include any person over the age of 16, any married person, or any parent accompanied by his or her minor child or children, in situations in which such person, parent or person’s child is a victim of an act which would constitute a violation of the Penal Law, including, but not limited to acts constituting disorderly conduct, harassment, menacing, reckless endangerment, kidnapping, assault, attempted assault, or attempted murder; and
(1) such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person’s child; and
(2) such act or acts are or are alleged to have been committed by a family or household member. Notwithstanding any other provision of this section, “Family or household members” shall mean the following individuals:
(i) persons related by blood or marriage;
(ii) persons legally married to one another;
(iii) persons formerly married to one another regardless of whether they still reside in the same household;
(iv) persons who have a child in common regardless of whether such persons are married or have lived together at any time;
(v) unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; or
(vi) unrelated persons who have had intimate or continuous social contact with one another and who have access to one another’s household.
Victims of domestic violence who apply for emergency shelter and/or related services pursuant to section 131-u of the social services law may not be denied emergency shelter or related services solely based on lack of documentary evidence of the incidence of domestic violence, such as a police report or order of protection.
§ 21-131 Food Stamp Applications at Emergency Feeding Programs.*
The commissioner shall arrange for the distribution of applications for the food stamp program to all city-funded emergency feeding programs. For purposes of this section, “emergency feeding program” means a food pantry or soup kitchen.
Reports regarding distribution of food stamp applications. Beginning January 1, 2006, and on the first business day of each succeeding calendar quarter thereafter, the commissioner shall submit a report to the speaker of the city council indicating the emergency feeding programs to which it distributed applications in the prior calendar quarter and the number of applications distributed to each emergency feeding program.
Definitions. For the purposes of this section, the following terms shall have the following meanings:
“Commissioner” shall mean the commissioner of the administration for children’s services.
“Foster care” shall mean the out-of-home placement of children who are in the care, custody or guardianship of the commissioner of the administration for children’s services.
“Foster care services” shall mean the care of abandoned, destitute, dependent, neglected or delinquent children or persons in need of supervision away from their own homes in institutions, foster homes or temporary shelters, in whole or in part at public expense, under the jurisdiction of a social services official or other authorized agency.
“Foster parent” shall mean any person with whom a child in the care, custody or guardianship of the commissioner of the administration for children’s services is placed for temporary or long-term care, as defined by section 371 of the social services law.
“Organization” shall mean any individual, association, corporation, not-for-profit corporation, partnership, institution, trust, firm or other entity.
“Parent” shall mean any biological parent.
“Parent advocate” shall mean any parent who has been or has had a child placed in foster care or who has received preventive services and who works with and provides advice to parents regarding child welfare policies and practices and parental rights and responsibilities within the foster care system.
“Preventive services” shall mean supportive and rehabilitative services provided to children and their families for the purpose of:
(i) averting an impairment or disruption of a family which will or could result in the placement of a child in foster care;
(ii) enabling a child who has been placed in foster care to return to his or her family at an earlier time than would otherwise be possible; or
(iii) reducing the likelihood that a child who has been discharged from foster care would return to such care.
There shall be a child welfare parent advocate advisory committee. Such committee shall provide recommendations on the administration for children’s services policies regarding foster care services and preventive services.
The advisory committee shall consist of:
(i) ten parents or parent advocates from organizations providing foster care services pursuant to a contract with the administration for children’s services or receiving services directly from the administration for children’s services, or from organizations providing preventive services pursuant to a contract with the administration for children’s services or receiving services directly from the administration for children’s services, six of whom shall be appointed by the commissioner and four of whom shall be appointed by the speaker of the city council;
(ii) four foster parents, three of whom shall be appointed by the commissioner and one of whom shall be appointed by the speaker of the city council; and
(iii) four parents who have adopted children formerly in the care, custody or guardianship of the commissioner, three of whom shall be appointed by the commissioner and one of whom shall be appointed by the speaker of the city council.
Each member of the advisory committee will serve for a term of two years to commence on the effective date of the local law that added this section and may be removed from office by the appointing official for cause. Any vacancy occurring other than by expiration of term shall be filled by the official who appointed the member in the same manner as the original appointment. A person so appointed shall serve for the unexpired portion of the term of the member succeeded. The commissioner shall designate one member to serve as chairperson and one member to serve as vice-chairperson.
Each member of the advisory committee shall serve without compensation.
No person shall be ineligible for membership on the advisory committee because such person holds any other public office, employment or trust, nor shall any person be made ineligible to or forfeit such person’s right to any public office, employment or trust by reason of such appointment.
The advisory committee shall meet at least four times a year.
The advisory committee may request and shall receive from the administration for children’s services all documents otherwise available to the public, including, but not limited to, procedures, requests for proposals, contracts, training curricula, year-end reviews and descriptions of program evaluation systems. The advisory committee may not receive information which is required by law to be kept confidential or which is privileged as attorney-client communications, attorney work products or material prepared for litigation.
The advisory committee shall submit to the mayor and to the speaker of the city council on an annual basis, no later than October thirtieth of each year, a report. Such report shall include, but not be limited to, recommendations regarding the improvement of services provided by the city and non-government related service delivery systems with respect to foster care services, preventive services and any other aspects of the child welfare system such committee deems relevant. Such reports shall be considered public information.
§ 21-131.1 Supplemental nutrition assistance program enrollment and recertification for seniors.
For purposes of this section, the following terms have the following meanings:
Senior Center. The term “senior center” has the same definition as set forth in section 21-201.
Seniors. The term “seniors” means individuals who are age 60 or older.
The department shall, in coordination with the department for the aging, design and implement a public campaign to increase the awareness of seniors and their caregivers of the benefits of the supplemental nutrition assistance program and to reduce any stigma associated with enrolling in or recertifying for such benefits.
The department shall also, in coordination with the department for the aging, establish and implement an enrollment and recertification program to increase enrollment in and recertification for the supplemental nutrition assistance program, consistent with the requirements of state and federal law. Such enrollment and recertification program shall ensure that programming is offered at each senior center to explain the benefits of the supplemental nutrition assistance program and to enable eligible seniors to enroll in or recertify for the supplemental nutrition assistance program at each senior center.
Beginning April 1, 2021, and annually thereafter, the department, in coordination with the department for the aging, shall submit a report to the speaker of the city council regarding the department’s activities with respect to supplemental nutrition assistance enrollment and recertification for seniors. Such report shall provide an overview of the department’s activities with respect to supplemental nutrition assistance enrollment and recertification for seniors, including the public campaign and the enrollment and recertification program, and shall include (i) the number of seniors enrolled in the supplemental nutrition assistance program in the previous calendar year; (ii) the number of seniors recertified for the supplemental nutrition assistance program in the previous calendar year; (iii) a comparison of the annual rate of enrollment for seniors versus the number of seniors in the city that the department estimates are likely to be eligible based on readily available community data such as census data; (iv) identification of specific barriers to enrolling and recertifying eligible seniors who would benefit from participation in the supplemental nutrition assistance program, with particular consideration given to seniors who are unable to travel to senior centers, whether due to physical limitation or lack of access to transportation or other reasons, and seniors who are not receiving other social services; and (v) a plan, developed in collaboration with the department for the aging, to overcome such barriers to enrollment and recertification to reach eligible seniors who are unable to travel to senior centers and who are not receiving other social services. Such report shall also indicate how the data required by this subdivision compares to the previous year. The report shall further indicate the method by which seniors enrolled in or recertified for the supplemental nutrition assistance program, whether online, by mobile application, by telephone, by paper application, or by other means.
§ 21-131.2 Information regarding health bucks and farmers’ markets.
Definitions. For purposes of this section, the term “health bucks” means coupons issued by the department of health and mental hygiene that are redeemable for fruits and vegetables at farmers’ markets in the city.
The department, in collaboration with the department of health and mental hygiene, shall provide information regarding health bucks and farmers’ markets in the city to individuals who receive or apply to receive supplemental nutrition assistance program benefits. Such information may be provided on paper or electronically and shall include, but need not be limited to, how to receive health bucks, how health bucks may be spent and the location of farmers’ markets in the city.
(L.L. 2020/038, 3/13/2020, eff. 9/9/2020 )
§ 21-132 Internet submission of applications for the food stamp program.*
Within one year of the effective date of the local law that added this section, the commissioner shall develop a procedure that enables applicants for the federal food stamp program to access and submit applications using the internet.
To the extent that the requirement set forth in subdivision a of this section is subject to the approval of the state office of temporary and disability assistance or the United States department of agriculture or any other state or federal agency, the commissioner shall request such permission within 90 days of the effective date of the local law that added this section.
§ 21-132 Handling of applications for the food stamp program.*
Submission of applications by facsimile. Within one year of the effective date of the local law that added this section, the commissioner shall develop and maintain a procedure that enables applicants for the federal food stamp program to submit applications by facsimile.
Waiver of face-to-face interviews. The commissioner shall maintain a procedure for waiving a face-to-face interview for applicants for food stamps for whom the requirement constitutes a hardship, including but not limited to illness, transportation difficulties, care of a household member, or work or training hours which prevent the applicant from participating in an in-office interview. Within 180 days of the effective date of the local law that added this section, a description of the circumstances under which a face-to-face interview can be waived shall be included in any information developed and circulated by or on behalf of the department that describes the food stamp program.
Receipt. Upon written or oral application to the department for food stamps an applicant shall immediately be provided with a receipt, which shall be in the form of a checklist and shall include, at a minimum, the date of the application, a description of the information received, and an indication as to whether any application for such benefits and services is complete or incomplete, and if incomplete, such receipt shall identify any information or documents needed in order for the application to be deemed complete.
Ensuring accuracy of public information regarding location and office hours of food stamp offices. The department shall regularly review all information available to the public on the department’s website or any other website maintained by or on behalf of the city of New York; any printed materials developed and circulated by or on behalf of the department or the city of New York; and any information provided by 311 or any hotline operated by or on behalf of the department, that describes the locations and office hours of all food stamp offices in New York city and update such information as necessary to maintain accuracy. At a minimum, the department shall review all such information on a monthly basis.
Approvals. To the extent that the requirements set forth in this section are subject to the approval of the state office of temporary and disability assistance or the United States department of agriculture or any other state or federal agency, the commissioner shall request such permission within 90 days of the effective date of the local law that added this section.
§ 21-133 Web-based information for youth and young adults aged sixteen through twenty applying for or receiving public assistance.
Definitions. For the purposes of this section the following terms shall have the following meanings:
“Public assistance” shall mean safety net assistance and family assistance provided by the New York city department of social services/human resources administration;
“Young adult” shall mean any person between and including the ages of eighteen and twenty; and
“Youth” shall mean any person between and including the ages of sixteen and seventeen.
Web-based Information. No later than sixty days from the effective date of the local law that added this section, the department shall publish, through an easily identifiable link on its website, answers to frequently asked questions relating to the rights of and options available to youth and young adults who apply for or are receiving public assistance as head of household, including but not limited to a description of how to apply for public assistance, the types of public assistance that are available, and how recipients may satisfy work requirements through educational activities. Such information shall be updated as often as necessary and at a minimum on an annual basis.
§ 21-134 Cash assistance application and caseload engagement status reports for individuals aged sixteen through twenty-four.
Definitions. For the purposes of this section the following terms shall have the following meanings:
(1) “BEGIN” shall mean the New York city department of social services/human resources administration program, known as begin employment gain independence now, which collaborates with education and training providers to offer a coordinated program of employment preparation to support the efforts of public assistance recipients who are making the transition to employment;
(2) “Engageable” shall mean an individual is required to participate in employment, programs or activities in order to receive public assistance;
(3) “Head of household” shall mean the member of the applicant household designated by the household to represent the household in all matters pertaining to its eligibility for and receipt of various forms of public assistance;
(4) “Household” shall mean a single individual or family, including couples without dependent children who, or which, are eligible to receive public assistance;
(5) “Public assistance” shall mean safety net assistance and family assistance provided by the New York city department of social services/human resources administration;
(6) “Unengageable” shall mean an individual is exempt from having to participate in employment, programs or activities as a condition of receiving public assistance;
(7) “WeCARE” shall mean the New York city department of social services/human resources administration program, known as wellness comprehensive assessment rehabilitation and employment, which addresses the needs of public assistance recipients with medical and/or mental health barriers to employment by providing customized assistance and services to help them achieve their highest levels of self-sufficiency; and
(8) “WEP” shall mean the New York city department of social services/human resources administration program, known as the work experience program, which is designed to provide a simulated work experience to individuals receiving public assistance.
Cash assistance caseload engagement status report for heads of household aged sixteen through twenty-four. Beginning no later than April 1, 2013, and no later than the first day of each subsequent month, the department shall post on its website an updated report regarding the engagement status of heads of household between and including the ages of sixteen and twenty-four, that includes, at a minimum, the following information disaggregated by the following categories:
1) individuals aged sixteen and seventeen;
2) individuals aged eighteen through twenty; and
3) individuals aged twenty-one through twenty-four, calculated both as an actual number and the percentage each such number represents of the overall cash assistance caseload:
A. Total number of recipients of public assistance who self-report as lacking a high school degree or the equivalent at the time of application.
B. Total number of recipients of public assistance exempt from engagement and reason for exemption, including but not limited to:
(a) Total indefinitely unengagable, disaggregated by:
(i) head of household on supplemental social security income or other disability-based income;
(ii) HIV/AIDS services administration case; and
(iii) child only case (ages 17 and under).
(b) Total temporarily unengageable, disaggregated by:
(i) temporarily incapacitated due to health situation;
(ii) child under 3 months of age;
(iii) supplemental security income or other disability-based income pending or appealing;
(iv) temporarily exempt; and
(v) pending WeCARE scheduling/outcome.
C. Total number of engageable recipients of public assistance, including but not limited to:
(1) Total engaged in:
(a) Employment:
(i) budgeted;
(ii) not budgeted: no aid to continue;
(iii) grant diversion; and
(iv) wage subsidy.
(b) WEP:
(i) WEP basic;
(ii) WEP medical limitations/WeCARE;
(iii) WEP and BEGIN managed activities, or any substantially similar successor program;
(iv) WEP special;
(v) WEP and job skills;
(vi) WEP and substance abuse treatment;
(vii) WEP/substance abuse /job search;
(viii) WEP/substance abuse/training;
(ix) WEP/WeCARE concurrent activity; and
(x) WEP and training.
(c) Other work activity.
(d) Substance abuse residential treatment.
(2) Total engaged in other participation, including but not limited to:
(a) education/training;
(b) job search under 12 weeks;
(c) job search 12 weeks or more;
(d) student over age 15;
(e) substance abuse treatment;
(f) substance abuse/job search;
(g) substance abuse/training;
(h) wellness/rehab/WeCARE;
(i) WeCARE and substance abuse;
(j) WeCARE vocational rehabilitation;
(k) WeCARE concurrent activity; and
(l) needed at home.
D. Total number of recipients in engagement process, disaggregated by:
(a) call-in appointment scheduled;
(b) eligibility call-in appointment scheduled;
(c) WeCARE assessment scheduled; and
(d) in review process.
E. Total number of recipients in a sanction process, disaggregated by:
(a) in conciliation;
(b) awaiting conciliation scheduling; and
(c) taking part in a fair hearing:
(i) contesting; and
(ii) not contesting.
F. Total number of recipients with a sanction in effect.
Semiannual report for heads of household aged sixteen through twenty. Within sixty days after June 30, 2013, and within sixty days following each six month period thereafter, the department shall post on its website a report regarding the total number of individuals aged sixteen through twenty who applied for public assistance as head of household during the previous six months and of those, the total number accepted and rejected, disaggregated by the following categories: 1) individuals aged sixteen and seventeen; and 2) individuals aged eighteen through twenty. For purposes of this subdivision, each six month period shall be deemed to end on June 30 and December 31 of each calendar year.
§ 21-135 Process for youth and young adults aged 16 through 24 receiving public assistance as head of household.
Definitions. For the purposes of this section the following terms shall have the following meanings:
(1) “Basic literacy level” shall mean a ninth grade reading level as evaluated by the New York city department of social services/human resources administration when conducting an employment assessment for public assistance recipients;
(2) “BTW” shall mean the New York city department of social services/human resources administration program, known as back to work, where a single vendor works with individuals to assist them in employment preparation including education and training, as applicable, and finding employment;
(3) “Head of household” shall mean the member of the applicant household designated by the household to represent the household in all matters pertaining to its eligibility for and receipt of various forms of public assistance;
(4) “Household” shall mean a single individual or family, including couples without dependent children who, or which, are eligible to receive public assistance;
(5) “Public assistance” shall mean safety net assistance and family assistance provided by the New York city department of social services/human resources administration; and
(6) “WEP” shall mean the New York city department of social services/human resources administration program, known as the work experience program, which is designed to provide a simulated work experience to individuals receiving public assistance.
Written Report: The commissioner shall designate an individual responsible for agency oversight of how youth and young adults aged 16 through 24 receiving public assistance are engaged and served. The department shall submit a report to the council, in writing, no later than six months from the effective date of this local law, describing the process put in place to serve such youth and young adults. At a minimum, such report shall include, but not be limited to, a description of:
(1) department policies as they relate to federal and state mandated education requirements for youth and young adults aged 16 through 24;
(2) the department’s process for determining whether a 16 or 17 year-old is interested in educational activities;
(3) the department’s process for referring a 16 or 17 year-old without a high school diploma or its equivalent to the department of education or other educational opportunities;
(4) criteria and/or assessment tools used in determining that a 16 or 17 year-old without a high school diploma or its equivalent cannot make satisfactory progress in obtaining such a diploma or its equivalent and therefore should be referred to BTW, WEP, or other program;
(5) the department’s process for determining whether heads of household between and including the ages of eighteen and twenty, who do not have a high school diploma or its equivalent, are interested in participating in appropriate educational activities designed to help them obtain a high school diploma or its equivalent;
(6) the department’s process for encouraging heads of household between and including the ages of eighteen and twenty, who do not have a high school diploma or its equivalent, to participate in appropriate educational activities designed to help them obtain a high school diploma or its equivalent;
(7) the department’s process for connecting heads of household between and including the ages of eighteen and twenty, who have a high school diploma or its equivalent, to educational activities;
(8) criteria used in determining that participation in educational activities by heads of household between and including the ages of eighteen and twenty, who do not have a high school diploma or its equivalent, is not appropriate based on an employment plan;
(9) the department’s process for determining whether heads of household between and including the ages of twenty-one and twenty-four, who do not have a high school diploma or its equivalent, are interested in participating in educational activities designed to help them obtain a high school diploma or its equivalent;
(10) the department’s process for connecting heads of households between and including the ages of twenty-one and twenty-four, who have a high school diploma or its equivalent, to educational activities;
(11) the department’s process for determining that educational activities are not appropriate for heads of household between and including the ages of twenty-one and twenty-four without a high school diploma or its equivalent;
(12) the department’s process for making educational activities available to individuals aged 18 through 24 who have not attained a basic literacy level and are interested in attaining such as part of their work activity requirement;
(13) the department’s plan to improve coordination between the department and other city agencies and programs that specialize in employment services for 16 and 17 year-olds;
(14) criteria used in determining that a referral to the administration for children’s services is warranted for minors who apply for public assistance and do not live with a parent or legal guardian; and
(15) the department’s strategy to convey to department staff the process for assisting young people aged 16 through 24 receiving public assistance.
§ 21-136 Semiannual reports regarding referrals to adult protective services.
For the purposes of this section “adult protective services” means the New York city department of social services/human resources administration case management program that arranges for services and support for physically and/or mentally impaired adults who are at risk of harm.
The commissioner shall prepare semiannual reports regarding referrals to adult protective services. Each such report shall include, but not be limited to, the total number of referrals received by adult protective services during each six month period and the number of referred individuals who were determined ineligible during such six month period, disaggregated by the reasons individuals were determined ineligible, a general description of the source of the referrals, and the council district, community board, and zip code of the referred individuals. For purposes of this subdivision, the first such report shall cover the period from July 1, 2015 to December 31, 2015, and each six month period shall be deemed to end on June 30 and December 31, respectively, of each calendar year. Each report shall be submitted to the speaker and posted on the department’s website within 60 days of the end of such period. Nothing herein shall require the department to share information that identifies the subject of, or the individuals who made, such referrals.
Editor’s note: the local law that enacted the above § 21-136 shall expire and be deemed repealed on 1/1/2023; see L.L. 2015/070 § 2.
§ 21-137 Adult protective services training.
The department shall conduct biannual trainings, in accordance with article 9-b of the social services law and any applicable rules and regulations thereunder, on best practices in identifying persons who may be eligible for adult protective services and how to refer such persons to adult protective services. Such training shall be made available to appropriate employees of the following agencies, as determined by such agencies: the department for the aging, the police department, the department of parks and recreation, the department of housing preservation and development, the department of homeless services, the department of health and mental hygiene, and such other agencies as the mayor may assign, and shall also be made available to the civil and criminal courts of the city of New York and the New York city housing authority.
§ 21-138 Information regarding unlawful evictions.
For the purposes of this section, the term “rental subsidy” means financial assistance provided by the department for the purpose of paying a recipient’s rent on an ongoing basis. The term “rental subsidy” includes but is not limited to the public assistance shelter allowance provided by the department as established by section 131-a of the social services law and defined in paragraph (1) of subdivision (a) of section 352.3 of title 18 of the New York codes, rules and regulations, as well as subsidies provided through the living in communities rental assistance program, the city family eviction prevention supplement program and the city family exit plan supplement, the city special exit and prevention supplement, the home tenant-based rental assistance program, and any successor program to the foregoing programs.
The department shall provide a written notice to each individual who applies for a rental subsidy for housing that is subject to section 26-521 of the code. The notice shall be provided upon the initial application or approval for such rental subsidy and at any time the department determines to be appropriate for such subsidy, except such notice may be provided in electronic form to any individual who registers electronic contact information with the department and elects to receive such notices in electronic form. Such notice shall inform individuals of the protections of section 26-521 of the code regarding eviction, and may include additional information as determined by the department.
Receipt of such notice shall not be construed to confer the protections set forth in section 26-521 of the code.
§ 21-139 Requirements for job centers.
Definitions. For purposes of this section, the following terms have the following meanings:
Appointment receipt. The term “appointment receipt” means a document given to all checked-in visitors at a job center who complete an appointment and that reflects the date of the visit, the reason for the visit, and the name and telephone number of the center that was visited.
Checked-in. The term “checked-in” means that a visitor has made initial contact with the department at a job center, either through a self-service kiosk or with a staff member responsible for keeping track of visitors, and has made such contact so that the department has a record, either written or electronic, of such visitor’s time of arrival at such job center and the reason for their visit.
Job center. The term “job center” means any location designated by the department as a job center where individuals can complete an application for cash assistance in person.
Visitor. The term “visitor” means any individual who, by prior appointment or walk-in, enters a job center to apply for public assistance, to receive assistance for an open public assistance case, or to receive assistance for a closed public assistance case.
Wait time. The term “wait time” means the amount of time a visitor spends waiting to be called for assistance after such visitor has checked-in to a job center. Wait time begins at the start of the visitor’s checked-in time, and ends when a visitor is called to begin an appointment.
The department shall issue an appointment receipt to all visitors who have checked-in at a job center and completed an appointment.
The department shall make available, through an online portal, to each person applying for cash assistance or supplemental nutrition assistance program benefits: (i) such person’s scheduled appointments relating to cash assistance and eligibility for supplemental nutrition assistance program benefits; (ii) documents indexed to such person’s case within the past 60 days; and (iii) such person’s application and case status.
Not later than January 31, 2018, and within 45 days after the end of every month thereafter, the department shall post on its website a report of the average wait time during the preceding month for a visitor at each job center.
The department shall post a sign, in a form and manner as prescribed by the rules of the commissioner, in one or more visible locations inside every job center. Such sign shall include information regarding a visitor’s right to make a complaint and instructions on how to make a complaint by phone or online.
The department shall provide a tracking number to any visitor who initiates a complaint relating to a visit to a job center. Such tracking number shall track the status of a complaint from initiation to disposition.
§ 21-140 Client service trainings.
Pursuant to subdivision c of this section, the department shall conduct two trainings per year on best practices for improving interactions between department employees and clients of the department.
Such trainings shall include techniques to improve professionalism, increase cultural sensitivity, de-escalate conflict and use trauma-informed theory.
The department shall provide such trainings to all appropriate employees identified by the department whose primary responsibilities include interacting with members of the public in a client service role at any location designated by the department either as a job center where individuals can complete an application for cash assistance in person or as a SNAP center where individuals can complete an application for the supplemental nutrition assistance program in person.
A contractor providing security services under a city contract at any location designated by the department either as a job center where individuals can complete an application for cash assistance in person or as a SNAP center where individuals can complete an application for the supplemental nutrition assistance program in person shall provide the training described in subdivision b of this section to its employees having regular contact with the public at such centers. All new or renewed city contracts for security services at such centers shall contain a provision requiring employees of any security contractor having regular contact with the public at such centers be provided with the training described in subdivision b of this section.
On or before January 31, 2020, and annually thereafter, the department shall report to the mayor and the speaker of the council the number of individuals who have received the trainings pursuant to subdivision c of this section, disaggregated by the positions held by such individuals. The first such report shall be preliminary and limited to the data reasonably available to the department for the preceding calendar year.
Nothing in this section shall preclude the department from providing such training to employees other than those identified by the department pursuant to subdivision c of this section.
§ 21-141 Exits from domestic violence shelters.
Definitions. For the purposes of this section, the following terms have the following meanings:
Domestic violence emergency shelter. The term “domestic violence emergency shelter” means time-limited housing for domestic violence survivors managed by or under a contract or similar agreement with the department and subject to section 459-b of the social services law.
Domestic violence tier II shelter. The term “domestic violence tier II shelter” means housing for domestic violence survivors managed by or under a contract or similar agreement with the department and subject to the provisions of part 900 of title 18 of the New York codes, rules, and regulations.
Exits from domestic violence shelters. The term “exits from domestic violence shelters” means a household or individual leaves a domestic violence emergency shelter.
Made own arrangements. The term “made own arrangements” means a household or individual informed the department of a planned exit from domestic violence shelter.
Rental subsidy. The term “rental subsidy” means financial assistance provided by the department for the purpose of paying a recipient’s rent on an ongoing basis and includes but is not limited to the public assistance shelter allowance provided by the department as established by section 131-a of the New York social services law, section 159 of the New York social services law, section 349 of the New York social services law, or any codes, rules and regulations, as well as subsidies provided through the living in communities rental assistance program, the city family eviction prevention supplement program and the city family exit plan supplement, the city special exit and prevention supplement, the home tenant-based rental assistance program, and any successor program to the foregoing programs. The term “rental subsidy” also includes federal rental assistance pursuant to the section 8 project based rental assistance program, or any successor program, or any programs under the United States Housing Act of 1937, as amended, providing rental assistance for the purpose of paying a recipient’s rent.
Supportive housing. The term “supportive housing” means affordable, permanent housing with support services for residents.
Unknown or unable to verify. The term “unknown or unable to verify” means a household or individual voluntarily exits from a domestic violence shelter and does not provide verifiable details about their subsequent living arrangements.
Not later than March 1, 2019, and on or before March 1 annually thereafter, the department shall submit to the speaker of the council and post on its website annual reports regarding exits from domestic violence emergency shelters. Such reports shall include, but not be limited to, the total number of individuals and the total number of families who exited a domestic violence emergency shelter during the preceding calendar year, disaggregated by the type of housing such individuals and families residing in upon their exit. Such housing types shall include, but not be limited to, the following: (i) a New York city housing authority apartment; (ii) an apartment with a rental subsidy, disaggregated by the type of such subsidy; (iii) a private apartment with no rental subsidy; (iv) supportive housing; (v) shelter operated by or under contract or similar agreement with the department of homeless services; (viii) shelter operated by or under contract or similar agreement with the department, disaggregated by type, where practicable; (ix) made own arrangements or (iix) unknown or unable to validate.
§ 21-142 Reporting on the termination and denial of public assistance.
For the purposes of this section the following terms have the following meanings:
Case head. The term “case head” means the head of household who is the member of the applicant household designated by the household to represent the household in all matters pertaining to its eligibility for and receipt of public assistance, as defined in Title 18 of New York Codes Rules and Regulations Part 387.1(u)(1), and as indicated in the welfare management system.
Reopened case. The term “reopened case” means a case of ongoing cash or supplemental nutrition assistance that was terminated and subsequently reopened within three months of termination.
Welfare management system. The term “welfare management system” means the system defined in section 21 of New York social services law.
Termination report. The department shall post on its website and submit to the speaker of the council and the public advocate a report on instances in which ongoing cash or supplemental nutrition assistance was terminated during the relevant reporting period. The first such report shall be due on November 15, 2019, and shall cover the quarter that began on July 1, 2019. Subsequent reports shall be posted and submitted no later than 45 days after the end of each quarter thereafter. Such reports shall include the following information for the relevant reporting period:
The total number of ongoing cash and supplemental nutrition assistance cases terminated;
The total number of cases terminated, disaggregated by type of ongoing cash or supplemental nutrition assistance;
The total number of cases terminated, disaggregated by reason(s) why the ongoing cash or supplemental nutrition assistance was terminated, using the welfare management system closing codes;
The data required by paragraphs 1, 2 and 3 of this subdivision shall be further disaggregated by:
(a) The council district the case head lives in;
(b) The reported race, ethnicity, gender and age category of the case head;
(c) Whether the case head has limited English proficiency; and
(d) Whether the case head has received a reasonable accommodation for a disability from the department.
Denial report. The department shall post on its website and submit to the speaker of the council and the public advocate a report on instances in which applications for ongoing cash or supplemental nutrition assistance were denied during the relevant reporting period. The first such report shall be due on November 15, 2019, and shall cover the quarter that began on July 1, 2019. Subsequent reports shall be posted and submitted no later than 45 days after the end of each quarter thereafter. Such reports shall include the following information for the relevant reporting period:
The total number of ongoing cash and supplemental nutrition assistance applications denied;
The total number of applications denied, disaggregated by type of ongoing cash or supplemental nutrition assistance;
The total number of each type of ongoing cash or supplemental nutrition assistance applications denied, disaggregated by the reason(s) why such applications were denied, using the welfare management system denial codes;
The data required by paragraphs 1, 2 and 3 of this subdivision shall be further disaggregated by:
(a) The council district the case head lives in;
(b) The reported race, ethnicity, gender and age category of the case head;
(c) Whether the case head has limited English proficiency; and
(d) Whether the case head has received a reasonable accommodation for a disability from the department.
Re-open after termination. The department shall post on its website and submit to the speaker of the council and the public advocate a report on reopened cases for the relevant reporting period. The first such report shall be due on November 15, 2019, and shall cover the quarter that began on July 1, 2019. Subsequent reports shall be posted and submitted no later than 45 days after the end of each quarter thereafter. Such report shall include the following information for the relevant reporting period:
The total number of reopened cases;
The total number of reopened cases, disaggregated by the type of ongoing cash or supplemental nutrition assistance;
The total number of instances in which a case was reopened within three months of ongoing cash or supplemental nutrition assistance termination and was reopened for the same type of ongoing cash or supplemental nutrition assistance, disaggregated using the welfare management system reopen codes;
The total number of instances in which a public assistance case was terminated and at least one disbursement date passed before such case was reopened for the same type of ongoing cash or supplemental nutrition assistance;
The data required by paragraphs 1, 2, 3 and 4 of this subdivision shall be further disaggregated by:
(a) The council district the case head lives in;
(b) The reported race, ethnicity, gender and age category of the case head;
(c) Whether the case head has limited English proficiency; and
(d) Whether the case head has received a reasonable accommodation for a disability from the department.
The reports produced pursuant to subdivisions b, c and d of this section shall be stored permanently and shall be accessible on the department’s website. Reports required pursuant to this section shall not contain personally identifiable information.
§ 21-142.1 Arrests, summonses, removals, escorts and use of force incidents in a job center or SNAP center.
As used in this section, the following terms have the following meanings:
Basis for encounter. The term “basis for encounter” means the conduct, offense or reason that formed the basis for the initial approach by a peace officer or security guard that led to an arrest, summons, removal, escort or use of force incident.
Escort. The term “escort” means the accompaniment of an individual by a peace officer or security guard out of a job center or SNAP center following a request that such individual exit the job center or SNAP center.
Injury. The term “injury” means any physical harm an individual sustains as a result of a use of force incident, and consists of the following categories: (i) physical injury, such as minor swelling, a contusion, laceration, abrasion or complaint of substantial contracted pain; (ii) substantial physical injury, such as a significant contusion or laceration that requires sutures or any injury that appears to require treatment at a hospital emergency room; and (iii) serious physical injury, such as a broken or fractured bone, heart attack, stroke or any injury that appears to require hospital admission.
Job center. The term “job center” means any location designated by the department as a job center where individuals can complete an application for cash assistance in person.
Peace officer. The term “peace officer” means an individual who is designated as a peace officer pursuant to section 2.10 of the criminal procedure law and works for the department and is charged with promoting security within a job center or SNAP center.
Removal. The term “removal” means the taking into custody of an individual in a job center or SNAP center by a peace officer pursuant to section 9.41 of the mental hygiene law.
Security guard. The term “security guard” means an unarmed individual with a current and valid registration card issued in accordance with article 7-A of the general business law authorizing such individual to perform security services in New York, who is employed by an entity with which the department contracts to promote security within job centers and SNAP centers.
SNAP center. The term “SNAP center” means any location designated by the department as a SNAP center where individuals can complete an application for the supplemental nutrition assistance program in person.
Use of force incident. The term “use of force incident” means any instance where a peace officer or security guard responds to an incident or condition at a job center or SNAP center and takes action in a manner intended to have an immediate effect on the body of another person, and consists of the following categories: (i) the use of hand strikes, foot strikes, forcible take-downs or the wrestling of the subject to the ground; (ii) the discharge of oleoresin capsicum spray; (iii) the deployment of a conducted electrical weapon; (iv) the use of a mesh restraining blanket to secure an individual; (v) the intentional striking of a person with any object, including a baton or other equipment; (vi) a police canine bite; and (vii) the use of physical force that is readily capable of causing death or serious physical injury, including the discharge of a firearm.
No later than January 31, 2020, and no later than 30 days after the end of each calendar quarter thereafter, the department shall post on its website and submit to the speaker of the council an aggregate report on arrests, summonses, removals, escorts and use of force incidents in job centers and SNAP centers for the preceding quarter. Reports required pursuant to this section shall not contain personally identifiable information. Such reports shall include:
The total number of arrests by a peace officer, disaggregated by:
(a) The job center or SNAP center where the arrest occurred;
(b) The offense charged; and
(c) Whether the arrestee was issued a desk appearance ticket or was the subject of a live arrest;
The following information for each summons issued by a peace officer:
(a) The date the summons was issued;
(b) The job center or SNAP center where the summons was issued;
(c) The offense; and
(d) Whether the summons was civil or criminal;
The following information for each removal:
(a) The date the removal occurred;
(b) The job center or SNAP center where the removal occurred; and
(c) The basis for the encounter;
The following information for each use of force incident:
(a) The date the use of force incident occurred;
(b) The job center or SNAP center where the use of force incident occurred;
(c) The category of the use of force incident;
(d) The number and category of injuries to a peace officer or security guard;
(e) The number and category of injuries to any other individual;
(f) The basis for the encounter; and
(g) Whether or not an arrest was made;
The total number of times the department called the police department for assistance at a job center or SNAP center, disaggregated by:
(a) Whether a department employee witnessed an arrest being made; and
(b) Whether a department employee witnessed a police officer displaying a firearm, oleoresin capsicum spray, conducted electrical weapon, baton, or any other weapon; and
The total number of escorts, disaggregated by:
(a) The job center or SNAP center where the escort occurred; and
(b) The basis for the encounter.
The reports produced pursuant to subdivision b of this section shall be stored permanently and shall be accessible on the department’s website.
§ 21-142.2 Office of constituent services.
There shall be an office of constituent services within the department. The duties of such office shall include, but not be limited to:
Establishing a system to receive and respond to comments, questions and complaints from clients;
Conducting a review of all inquiries from clients about cases where any public benefits administered by the department have been or will be terminated including, but not limited to, the reason for such termination, whether the recipient was notified that such public benefits have been or will be terminated and whether the department has complied with the applicable statutes, rules and regulations with respect to such cases;
Establishing and maintaining policies regarding communication with clients in a timely manner in response to inquiries;
Developing strategies and recommendations for the commissioner regarding client communication; and
Performing such other duties and functions as may be appropriate.
The department shall post on its website the phone number for the office of constituent services and a statement indicating that any person may contact such office if such person has a comment, question or complaint regarding any public benefit administered by the department.
Beginning on January 31, 2020, the office of constituent services shall submit monthly reports to the commissioner indicating:
The number of comments, questions and complaints received;
The number of comments, questions and complaints received in which information was provided and the matter resolved;
The number of comments, questions and complaints received in which the matter was escalated for resolution, disaggregated by the 20 most frequent categories of inquiries; and
Recommendations made pursuant to paragraph 4 of subdivision a of this section.
No later than January 31, 2021 and annually thereafter, the commissioner shall post on the department’s website and submit to the mayor and the speaker of the council a report that shall include a compilation of the monthly reports submitted pursuant to subdivision c of this section during the preceding calendar year.
§ 21-142.3 Social work services in job centers.
Definitions. For the purposes of this section, the following terms have the following meanings:
Job center. “Job center” has the same meaning as set forth in section 21-142.1.
Social work services. “Social work services” means the coordination of client services to expedite and assist clients with obtaining such services, where such coordination is provided primarily by a social worker.
The department shall establish a pilot program for the design, development, staffing, implementation and provision of social work services at one job center in each borough. No later than July 15, 2020, the commissioner shall submit to the mayor and the speaker of the council a report outlining the findings of such pilot program.
No later than January 1, 2021, the department shall ensure that social work services are expanded to all job centers and available during regular hours of operation of such centers.
§ 21-142.4 Space for children in job centers and SNAP centers.
Definitions. For the purposes of this section, the following terms have the following meanings:
Child. The term “child” means a natural person under the age of 13 years.
Client. The term “client” means a visitor who has made initial contact with the department at a job center or SNAP center, either through a self-service kiosk or with a staff member responsible for keeping track of visitors.
Job center. The term “Job center” has the same meaning as set forth in section 21-142.1.
SNAP center. “SNAP center” has the same meaning as set forth in section 21-142.1.
The department shall designate a sanitary space in every job center and SNAP center for any client with a child in such center where providing such space is practicable and does not compromise the space needs of the department or safety of clients. Such designated space shall include comfortable seating and age-appropriate and educational materials for any child who utilizes such space.
The department shall create a poster containing information on availability of space for children pursuant to this section and any additional accommodations for children. Such poster shall be displayed in a clear and conspicuous manner in all job centers and SNAP centers. Information about space for children in job centers and SNAP centers shall be made available on the department’s website. Within 30 days after the effective date of the local law adding this subdivision, the department shall create a list of all locations with spaces for children available pursuant to this section. The department shall submit such list to the speaker of the council and make such list available on the department’s website.
§ 21-142.5 Job center and SNAP center appointments.
For purposes of this section, the following terms have the following meanings:
Job center. The term “job center” has the same meaning as set forth in section 21-142.1.
SNAP center. The term “SNAP center” has the same meaning as set forth in section 21-142.1.
The department shall maintain systems in which in-person appointments for services at job centers and SNAP centers can be rescheduled over the phone. The availability of such systems shall be communicated to clients in the written notice clients receive communicating the date, time and location of their appointments.
§ 21-143 Information on local emergency feeding programs.
The department shall distribute by mail or email information regarding all city-funded emergency feeding programs as defined in section 21-131 to all individuals who have received supplemental nutrition assistance program benefits whose case closed on or after January 1, 2016. The department shall also distribute such information to individuals currently in receipt of such benefits at the time such an individual receives a recertification notice for such benefits. Such information shall also be made readily accessible through such department’s online portal and any related mobile applications.
Subchapter 1: Equal Access to Human Services
§ 21-189 Short title.
This chapter shall be known and may be cited as the “Equal Access to Human Services Law of 2003”.
§ 21-190 Definitions.
For purposes of this chapter, the following terms have the following meanings:
Agency. The term “agency” means the human resources administration/department of social services, including any part, subdivision, field office or satellite facility thereof.
Agency contractor. The term “agency contractor” means any contractor that enters into a covered contract with the agency.
Agency office. The term “agency office” means a job center, food stamp office, medical assistance program office or other part, subdivision, field office or satellite facility of the agency or agency contractor office that performs a covered function.
Agency personnel. The term “agency personnel” means bilingual personnel or interpreter personnel who are employees of the agency.
Bilingual personnel. The term “bilingual personnel” means agency, agency contractor, or other contractor employees, not including work experience program participants, who provide language assistance services in addition to other duties.
Contract. The term “contract” means any written agreement, purchase order or instrument whereby the city is committed to expend or does expend funds in return for work, labor or services.
Contractor. The term “contractor” means any individual, sole proprietorship, partnership, joint venture or corporation or other form of doing business that enters into a contract.
Covered contract. The term “covered contract” means a contract between the agency and a contractor to perform a covered function.
Covered function. The term “covered function” means any of the following functions:
Benefits or services offered or provided at agency offices;
Benefits or services provided by agency contractors to provide employment services in connection with participation of individuals engaged in activities required by sections 335 through 336-c of the social services law;
Home care services; and
Determinations regarding eligibility for subsidized child care.
Covered language. The term “covered language” means Arabic, Chinese, Haitian Creole, Korean, Russian or Spanish.
Document. The term “document” means the following forms and notices developed by the agency:
Application forms and corresponding instructional materials;
Notices that require a response from the participant;
Notices that concern the denial, termination, reduction, increase or issuance of a benefit or service;
Notices regarding the rights of participants to a conference and fair hearing; and
Notices describing regulation changes that affect benefits.
Interpretation services. The term interpretation services” means oral, contemporaneous interpretation of oral communications.
Interpreter personnel. The term “interpreter personnel” means agency, agency contractor, or other contractor employees, not including work experience program participants, whose sole responsibility is to provide language assistance services.
Language assistance services. The term “language assistance services” means interpretation services or translation services provided by bilingual personnel or interpreter personnel to a limited English proficient individual in such individual’s primary language to ensure such individual’s ability to communicate effectively with agency or agency contractor personnel.
Limited English proficient individual. The term “limited English proficient individual” means an individual who identifies as being, or is evidently, unable to communicate meaningfully with agency or agency contractor personnel because English is not such individual’s primary language.
Other covered agency. The term “other covered agency” means the administration for children’s services, the department of homeless services, the department of health and mental hygiene, and all functions served by the agency that are not covered functions, including any part, subdivision, field office or satellite facility thereof.
Primary language. The term “primary language” means the language in which a limited English proficient individual chooses to communicate with others.
Translation services. The term “translation services” means oral explanation or written translation of documents.
§ 21-191 Language assistance services.
The agency and all agency contractors shall provide free language assistance services as required by this chapter to limited English proficient individuals.
When a limited English proficient individual seeks or receives benefits or services from an agency office or agency contractor, the agency office or agency contractor shall provide prompt language assistance services in all interactions with that individual, whether the interaction is by telephone or in person. The agency office or agency contractor shall meet its obligation to provide prompt language assistance services for purposes of this subdivision by ensuring that limited English proficient individuals do not have to wait unreasonably longer to receive assistance than individuals who do not require language assistance services.
Where an application or form requires completion in English by a limited English proficient individual for submission to a state or federal authority, the agency or agency contractor shall provide oral translation of such application or form as well as certification by the limited English proficient individual that the form was translated and completed by an interpreter.
The agency shall make all reasonable efforts to provide language assistance services in person by bilingual personnel.
§ 21-192 Translation of Documents.
The agency shall translate all documents into every covered language as of February 1, 2008.
§ 21-193 Notices.
Upon initial contact, whether by telephone or in person, with an individual seeking benefits or services offered by the agency or an agency contractor, the agency or agency contractor shall determine the primary language of such individual. If it is determined that such individual’s primary language is not English, the agency or agency contractor shall inform the individual in such individual’s primary language of the right to free language assistance services.
The agency shall provide in all application and recertification packages an eight and one-half inch by 11 inch or larger notice advising participants that free language assistance services are available at its offices and where to go if they would like an interpreter. This notice shall appear in all covered languages.
The agency and each agency contractor shall post conspicuous signs in every covered language at all agency offices and agency contractor offices informing limited English proficient individuals of the availability of free language assistance services.
Other covered agencies. Upon initial contact, whether by telephone or in person, with an individual seeking benefits or services offered by another covered agency, the other covered agency shall determine the primary language of such individual. If it is determined that such individual’s primary language is not English, the other covered agency shall inform the individual in such individual’s primary language of available language assistance services.
§ 21-194 Screening and training.
The agency and each agency contractor shall screen bilingual personnel and interpreter personnel for their ability to provide language assistance services. The agency and each agency contractor shall provide annual training for bilingual personnel and interpreter personnel and ensure that they are providing appropriate language assistance services.
§ 21-195 Recordkeeping.
Agency and agency contractors. No later than February 1, 2008, the agency and each agency contractor shall maintain records of the primary language of every individual who seeks or receives benefits or services from the agency or agency contractor. At a minimum, the agency and each agency contractor shall maintain specific records of the following:
The number of limited English proficient individuals served, disaggregated by agency, agency contractor or contractor, agency office, type of language assistance required and primary language;
The number of bilingual personnel and the number of interpreter personnel employed by the agency, disaggregated by language translated or interpreted by such personnel;
Whether primary language determinations are recorded properly; and
Whether documents are translated accurately and disseminated properly.
Other covered agencies. No later than February 1, 2008, every other covered agency shall maintain records of the primary language of every individual who seeks or receives ongoing benefits or services. At a minimum, the other covered agency shall maintain specific records of the following:
The number of limited English proficient individuals served, disaggregated by type of language assistance required and primary language;
The number of bilingual personnel and the number of interpreter personnel employed by the other covered agency, disaggregated by language translated by such personnel;
Whether primary language determinations are recorded properly; and
Whether documents are translated accurately and disseminated properly.
§ 21-196 Implementation.
Agency. The agency shall phase in language assistance services for covered functions as follows:
As of February 1, 2005, no less than 20 percent of covered functions provided by agency offices;
As of February 1, 2007, no less than 40 percent of covered functions provided by agency offices; and
As of February 1, 2008, 100 percent of covered functions provided by agency offices.
Agency contractors.
In all covered contracts entered into or renewed after January 1, 2005, the contractor shall certify that it shall make available language assistance services and maintain and provide access to records as required by this chapter.
Every covered contract must contain a provision in which the contractor acknowledges that the following responsibilities constitute material terms of the contract:
(a) To provide language assistance services as required by this chapter;
(b) To comply with the recordkeeping requirements set forth in this chapter;
(c) To provide the city access to its records for the purpose of audits or investigations to ascertain compliance with the provisions of this section, to the extent permitted by law; and
(d) To provide evidence to the city that the contractor is in compliance with the provisions of this section, upon request.
If an agency contractor enters into a subcontract agreement to provide any benefits or services under a covered contract, that subcontract will be considered a covered contract for purposes of this section and the provisions of this section will bind the subcontractor. Each contractor is required to include the contract provision set forth in paragraph 2 of this subdivision in any such subcontract agreement.
Implementation plans. On or before October 1, 2003, the agency and each other covered agency shall develop an implementation plan that describes how and when the agency or other covered agency will meet the requirements imposed by this chapter. The agency and each other covered agency shall publish a copy of its implementation plan.
Implementation updates and annual reports. No later than 90 days after the end of each calendar year after the publication of the implementation plan and before implementation is complete, the agency and each other covered agency shall publish an implementation update. The implementation update shall describe steps taken over the prior year to implement the requirements of this chapter and shall describe any changes in the agency or other covered agency’s plan for implementing the remaining requirements of the local law that added this chapter before the date set forth in subdivision a of this section. The implementation update for every year after 2004 shall include a report on the number of limited English proficient people served, disaggregated by language and by agency office or other covered agency office. Not later than 90 days after the end of each calendar year beginning with 2008, the agency and each other covered agency shall publish an annual report on language assistance services. At a minimum, this annual report of the agency, each agency contractor and each other covered agency shall set forth the information required to be maintained by this chapter.
§ 21-197 Rules.
The agency and each other covered agency shall promulgate such rules as are necessary for the purposes of implementing and carrying out the provisions of this chapter.
§ 21-198 Miscellaneous.
Nothing in this chapter precludes the agency or an agency contractor from providing language assistance services beyond those required by this chapter.
Nothing in this chapter precludes a limited English proficient individual from having an adult volunteer, relative, spouse or domestic partner accompany such limited English proficient individual to provide language assistance services with the agency office or agency contractor, provided that the agency office or agency contractor informs a limited English proficient individual of the availability of free language assistance services and the agency remains responsible for ensuring effective communication.
This chapter does not apply to any contract with an agency contractor entered into or renewed before January 1, 2005.
§ 21-199 Severability.
If any section, subsection, sentence, clause, phrase or other portion of this chapter is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this chapter, which shall continue in full force and effect.
Chapter 2: Department For the Aging
§ 21-201 Definitions.
Whenever used in this chapter, the following words shall have the following meanings:
“Commissioner” shall mean the commissioner of the department for the aging.
“Department” shall mean the department for the aging.
“Regularly schedules activities” shall mean all activities which are funded in whole or in part by the city of New York.
“Senior center” shall mean facilities operated by the city of New York or operated by an entity that has contracted with the department to provide services to senior citizens on a regular basis including, but not limited to meals, recreation and counseling.
“Elder abuse” shall mean any knowing, intentional, or negligent act by a caregiver or any other person holding a trusting relationship with a vulnerable older adult, which causes harm or a serious risk of harm to that older adult including physical, emotional, sexual, or financial harm, or neglect, abandonment or confinement.
“Social adult day care” has the same meaning as set forth in section two hundred fifteen of the elder law and any regulations promulgated by the director of the office for the aging pursuant to such section.
§ 21-202 Bill of rights required.
The commissioner shall require that every senior center adopt a statement of the rights of all senior citizens who participate in activities and take advantage of services provided by such senior center and treat all senior citizens in accordance with the provisions of such statement.
Contents of bill of rights. Such statement of rights shall include the following:
Every senior citizen who otherwise qualifies for participation shall have the right to participate as a member of a senior center.
Every senior citizen shall have the right to participate in all regularly scheduled activities and take advantage of services provided by the center to the extent that funding and space limitations permit.
Every senior center shall have a senior advisory council which will be comprised of senior citizens from the senior center membership. Such advisory council shall advise the senior center’s management of the needs of the senior citizens.
Every senior citizen attending a senior center’s regularly scheduled meal period shall be offered a balanced and nutritious meal to the extent that funding and space limitations permit. Those senior citizens that do not receive a balanced and nutritious meal shall be offered nourishment during a senior center’s regularly scheduled meal period to the extent that funding permits.
Every senior citizen attending a senior center shall have the opportunity to make a financial contribution which shall be voluntary and anonymous and shall be used by the senior center to enhance and increase services to senior citizens.
Every senior citizen shall be treated courteously, fairly and respectfully at a senior center.
Every senior citizen shall have the right not to be discriminated against based upon his or her actual or perceived race, creed, color, national origin, age, gender, disability, marital status, sexual orientation, alienage or citizenship status, in violation of the human rights law of the city of New York.
Every senior citizen shall have the right to be informed of those senior centers that are handicapped accessible.
Every senior citizen shall have the right to present grievances on behalf of himself or herself to the senior center’s staff, board of directors or executive committee, or elected or other government officials, without fear of reprisal from officers or employees of the senior center.
Posting required. Every senior center shall post conspicuously:
(i) in or near the entrance to such center a sign that states the rights of senior citizens as provided in this section;
(ii) all regularly scheduled activities as defined in this section; and
(iii) the department’s phone number.
Nothing in this section shall be construed to limit the department’s authority to promulgate rules regarding matters within its jurisdiction pursuant to applicable law.
§ 21-203 Elder abuse training.
The commissioner shall develop a program to train senior service providers in the detection and reporting of elder abuse. Such program shall also include training on the counseling of elder abuse victims.
The commissioner shall require that employees of senior centers and employees of entities that contract with the department to provide services to senior citizens, be trained in elder abuse detection, reporting and counseling, and receive supplemental refresher training regarding the same at least once every 3 years, if such employee has or is expected to have significant and direct person to person contact with senior citizens.
The commissioner shall require senior centers to hold at least two educational sessions per year during which guests and members of the senior center will receive counseling regarding elder abuse prevention and awareness and be instructed on how to detect and report instances of elder abuse.
The commissioner shall require that every senior center post signage in a prominent common area section within the center that directs those who need information regarding elder abuse detection, reporting, counseling and services to call either the 311 citizen service system or the department’s Elderly Crime Victims Resource Center.
§ 21-204 Social adult day care.
All social adult day cares that do not receive funding pursuant to section two hundred fifteen of the elder law shall meet the standards and requirements of any rules or regulations promulgated by the director of the office for the aging pursuant to such section related to program standards and participant rights, notwithstanding the fact that such social adult day cares do not receive such funding. For the purposes of this section, any reference to an “area agency on aging” in such rules and regulations means the department and any reference to a “participant” in such rules and regulations means an adult individual who is functionally impaired as defined in such rules and regulations and is eligible for and is receiving services from a social adult day care. Any references to “functionally impaired” and “social adult day care program” in such rules and regulations shall have the same meanings set forth therein.
All social adult day cares shall carry out the provisions of this section in accordance with all applicable provisions of the Americans with disabilities act of nineteen ninety.
Registration.
An individual, partnership, corporation, limited liability company, joint venture, association, or other business entity shall not operate as a social adult day care without having registered with the department. Registration shall include registrant’s name, address, corporate structure and ownership, and other information as the department may require and shall be filed on forms to be prescribed by the department. The department may require social adult day cares to register electronically.
Changes to information required under this subdivision must be submitted to the department no later than the effective date of such change in writing or electronically in a form and manner designated by the department.
Civil penalties.
The department shall adopt rules establishing civil penalties of not less than two hundred fifty dollars per day and not more than five hundred dollars per day to be assessed against social adult day cares for violations of subdivision a and any regulations promulgated thereunder. Such rules establishing civil penalties shall specify the violations subject to penalty.
Any individual, partnership, corporation, limited liability company, joint venture, association, or other business entity that operates as a social adult day care without registering shall be subject to a civil penalty of not less than two hundred fifty dollars per day and not more than one thousand dollars per day such social adult day care operates without registering.
The department and officers and employees of city agencies designated by the mayor shall have the authority to issue notices of violation, returnable at the environmental control board, any administrative tribunal within such designated agency, or any tribunal established within the office of administrative trials and hearings as designated by the commissioner, for violations of this section or any rules promulgated by the department pursuant to such section.
Social adult day care ombudsperson.
The department shall designate an ombudsperson whose duties shall include, but not be limited to:
(i) establishing a system to receive comments and complaints with respect to any social adult day care;
(ii) requesting a list from the state department of health at least once annually of providers operating social adult day cares within the city of New York and the street address of each such social adult day care; and
(iii) investigating complaints received pursuant to subparagraph (i) of this paragraph or based on any information known to the department related to a social adult day care that may be in violation of the provisions of subdivision a of this section and whether a social adult day care has violated subdivision a of this section and upon finding there has been such a violation:
(A) promptly informing in writing such social adult day care and any managed long term care organization known to be reimbursing such social adult day care of such finding, and that such finding is appealable by writing to the commissioner in accordance with the rules of the department, and requesting any informed managed long term care organization to respond to the ombudsperson in writing as to whether and how such violations will be addressed,
(B) at the ombudsperson’s discretion, forwarding the results of such investigation and any such response from a managed long term care organization to the department of investigation, the state department of health or any office, agency, or entity responsible for the prevention, detection, and investigation of fraud and abuse in the medical assistance program described in title eleven of the social services law or for the recovery of any improperly expended medical assistance funds, and
(C) taking other appropriate actions as determined by the commissioner.
A social adult day care shall post in a conspicuous location on its premises a sign indicating how to contact the ombudsperson and a statement indicating that any person may contact such ombudsperson if such person has a comment or complaint regarding such social adult day care.
The department shall make available on its website the contact information of the ombudsperson as well as a statement indicating that any person may contact such ombudsperson with a comment or complaint regarding any social adult day care.
Not later than January 1, 2016 and annually thereafter, the ombudsperson shall provide a written report to the council regarding social adult day cares. Each such report shall include, but not be limited to:
(i) the total number of social adult day cares and the name and street address of each such social adult day care;
(ii) the total number of complaints received by the ombudsperson;
(iii) a general description of the reason for each such complaint;
(iv) the total number of investigations conducted by the ombudsperson, a general description of the reason for each such investigation, any findings that a social adult day care has violated of subdivision a of this section, and the outcome of each such investigation;
(v) the total number of notices of violation issued pursuant to subdivisions a and c of this section, disaggregated by the specific violation for which such notice was issued;
(vi) the total number of social adult day cares that failed to register pursuant to subdivision b as of the date of such report; and
(vii) any recommendations regarding the operation of social adult day cares.
Except as otherwise required by law, the department shall not share information that identifies any individual who made a complaint to the ombudsperson.
Online public searchable database of social adult day cares.
The department shall create and maintain an online public searchable database of social adult day cares registered with the department pursuant with subdivision b of this section, which the public shall be able to search by the name under which the social adult day care registered, by the name under which the social adult day care is doing business, by borough, and by zip code. The database shall include the following information reported to the department pursuant to such subdivision: (i) the name, address, telephone number, and website, if any, of the social adult day care; (ii) the corporate structure and ownership of the social adult day care; (iii) the days and hours of operation of the social adult day care; (iv) the year the social adult day care was established; and (v) the name, address and telephone number of any managed long term care company with which the social adult day care has a formal agreement. The database shall further include any other relevant information reported to the department pursuant to this section.
If applicable, the database shall indicate the number of notices of violation issued and the outcome of any adjudication conducted pursuant to subdivision c. The year and nature of the notice of violation and the adjudication shall be posted, but may not contain personally identifying information about a complainant.
The database shall allow an individual to submit complaints electronically about a social adult day care to the ombudsperson.
§ 21-204.1 Inspections for social adult day cares and senior centers; reporting.
The department shall provide the department of health and mental hygiene a list of all social adult day cares registered with the department and a list of all senior centers in the city on an annual basis and update the department of health and mental hygiene monthly of any changes to either list.
The department shall make available on its website information about the inspections of senior centers and social adult day cares conducted by the department of health and mental hygiene pursuant to subdivision b of section 17-1506.
§ 21-205 Aging in place guide.
In consultation with the department of buildings, the department of housing preservation and development, the mayor’s office for people with disabilities, and businesses and nonprofit organizations with expertise in design for dwelling units occupied by older adults, the department shall develop, distribute, and publish on its website, not later than July 1, 2016, a guide for building owners regarding modifications and improvements that may be made to dwelling units to allow tenants to safely remain in such units for as long as possible as such tenants age. Such guide shall include, but not be limited to, information relating to: improving access for individuals with limited mobility; lighting, railings and grab bars; technological enhancements; and widening of doorways and hallways. Such guide shall also include information on available public and private sources of funding, including information on eligibility criteria and how to apply for such funding, to assist building owners in making modifications and improvements.
§ 21-206 Unpaid caregiver plan.
Definitions. For purposes of this section:
Adult. The term “adult” means an individual 18 years of age or older.
Unpaid caregiver. The term “unpaid caregiver” means 1) an adult family member or other adult providing unpaid care to a person 60 years of age or older; 2) an adult family member or other adult providing unpaid care to a person with Alzheimer’s disease or other dementia; 3) a grandparent or other non-parent relative 55 years of age or older providing unpaid care to a child under the age of 18; and 4) an adult providing unpaid care to an individual with a disability between the age of 18 and 59.
No later than February 15, 2017, the department shall develop and conduct a survey of unpaid caregivers and providers offering services to unpaid caregivers within the city to identify the needs of unpaid caregivers, as well as to assess existing caregiver services. Such survey shall be developed in consultation with academic experts in caregiving issues, service providers, and other appropriate stakeholders, and shall contain questions designed to collect information from a sample of unpaid caregivers and caregiver service providers on the following issues:
Availability of information about programs, services, and other resources designed to provide support to unpaid caregivers;
Accessibility of programs and services, including, but not limited to, hours of operation, location, transportation options for accessing such programs and services, cost, payment methods, eligibility restrictions, cultural competency, and language capacity;
Utilization of programs and services, including, but not limited to, the number of individuals requesting and receiving services, the types of services requested, and the number of individuals placed on waitlists for services where applicable; and
Recipient outcomes as a result of utilizing existing programs and services, including, but not limited to, the unpaid caregiver’s health and employment circumstances, access to benefits, knowledge about the care recipient’s illness or condition, and awareness and use of appropriate services for the care recipient’s illness or condition.
No later than August 30, 2017, the department shall deliver to the mayor and speaker of the council, and shall post on its website, a comprehensive plan to address the needs of unpaid caregivers within the city, in consultation with the department of social services, the mayor’s office for people with disabilities, the department of health and mental hygiene, and such other appropriate agencies as the mayor shall determine. The department also shall consult with unpaid caregivers, academic experts in caregiving issues, service providers, advocates for senior citizens and individuals with disabilities, and any other stakeholders that the department may deem appropriate in developing such plan.
The plan required by subdivision c of this section shall include, but not be limited to:
The results of the survey required by subdivision b of this section;
Data on:
(a) the estimated total number of unpaid caregivers providing care in the city, disaggregated by age, gender, race, ethnicity, language, income level, borough of residence, and employment status;
(b) the estimated average number of hours of care per week provided by unpaid caregivers, disaggregated by age, gender, race, ethnicity, language, income level, borough of residence, and employment status;
(c) care recipients, including but not limited to, age, gender, borough of residence, number of individuals providing care to recipients, daily activities necessitating assistance from a caregiver, health condition, and living situation; and
Recommendations about:
(a) how to increase information and outreach to unpaid caregivers;
(b) how to expand education and training for unpaid caregivers;
(c) how to educate and involve businesses in addressing workplace issues impacting unpaid caregivers;
(d) how to address issues and concerns with existing programs and services identified through the survey conducted pursuant to subdivision b of this section;
(e) additional programs and services that may be established to provide support to unpaid caregivers;
(f) how to increase civic engagement and volunteer opportunities to support unpaid caregivers; and
(g) Any other issues that the department deems appropriate.
Beginning two years following the submission of the plan required by subdivision c of this section and every five years thereafter, the department shall submit to the mayor and the speaker a report detailing progress made on the recommendations, initiatives, and priorities that result from such plan, as well as updated data for the information described in paragraph 2 of subdivision d.
The unpaid caregiver plan shall be revisited and revised as appropriate every four years after the submission of the initial plan.
§ 21-207 Users of life-sustaining equipment and individuals for whom a disruption in electrical service would create a medical emergency.
The department shall regularly provide written materials from the office of emergency management to all senior centers in the city and all naturally occurring retirement communities sponsored by the department on how to register with any utility providing electrical service within the city as a user of life-sustaining equipment or an individual for whom a disruption in electrical service would create a medical emergency. These materials shall also be posted electronically in a conspicuous location on the department’s website and on the website of the mayor’s office for people with disabilities.
§ 21-208 Senior centers.
For the purposes of this section, the following terms have the following meanings:
Affiliated sites. The term “affiliated sites” means department-funded congregate sites affiliated with a senior center, including any social club, satellite, or extended/social services.
Senior. The term “senior” means a person 60 years of age and older.
Not later than December 31, 2018, and by December 31 annually thereafter, the department shall submit to the speaker of the council and post to its website an annual report regarding the services of all department-funded senior centers.
The annual report shall include, but need not be limited to, the following information in non-proprietary machine readable format for each such senior center for the prior fiscal year:
The program name, sponsor name, address, borough, council district, community district, designation as a neighborhood senior center or innovative senior center, and days and hours of operation as well as such information for each affiliated site;
The contract term, including any renewals;
The budgeted total annual contract amount and the total annual reimbursed expenditures paid;
The average number of daily participants;
The total annual reimbursed expenditures for congregate meals, disaggregated by kosher and non-kosher meals;
The cost per meal for each senior center, disaggregated by kosher and non-kosher meals;
The method by which the senior center provides congregate meals, either by in-house preparation or catered meals, and whether the senior center provides meals for any other senior center;
The combined total cost per person for providing services in the following areas: information and assistance; education and recreation; and health promotion. The report shall further include a brief description of the types of services provided in each such area;
The percentage service utilization based on actual units of service versus planned units of service comprising the combined total of services in the following areas: information and assistance; education and recreation; and health promotion;
The total number of employees, disaggregated by full-time and part-time employees; and
The total budgeted amount for personnel services.
Not later than December 31, 2019, and by December 31 annually thereafter, the department shall submit to the speaker of the council and post to its website the following information in non-proprietary machine readable format for each department-funded senior center for the prior fiscal year:
The total number of participants per day, including the corresponding date;
The total number of congregate meals served per day, including the corresponding date; disaggregated by breakfast, lunch, or dinner, where applicable; and type of meal, including but not limited to kosher and non-kosher; and
The total number of participants served in each of the following areas per day, including the corresponding date, and the total number of participants served in the combined total of such areas: information and assistance; education and recreation; and health promotion. "No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state, or local law relating to the privacy of information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement."
Editor’s note: Section 2 of L.L. 2018/140 provides: “This local law takes effect immediately and remains in effect until January 1, 2028, when it is deemed repealed.”
§ 21-209 Mental health training for senior center case workers.
Definitions. For the purposes of this section, the term “caseworker” means an individual employed by a senior center that receives funding from the department to provide services on-site pursuant to a contract procured under chapter 13 of the charter and through a source selection method established by procurement policy board rule, who provides case assistance, information and referrals for benefits and social services at such a senior center.
Each caseworker shall complete a training to recognize the signs and symptoms of mental illness for older adults offered by the department of health and mental hygiene or a successor agency, provided that such department offers such training.
At least once every three years after completing the training described in subdivision b of this section, each caseworker shall receive supplemental refresher training, provided that the department of health and mental hygiene or a successor agency offers such training.
Chapter 3: Department of Homeless Services
§ 21-301 Definitions.
Whenever used in this chapter, the following terms shall be defined as follows:
“Commissioner” shall mean the commissioner of homeless services.
“Department” shall mean the department of homeless services.
“Eligible homeless person” shall mean a person eligible for transitional housing or services from the department pursuant to federal, state and local laws and such rules and regulations as may be promulgated pursuant thereto.
“Temporary shelter placement” shall mean a shelter placement for a family with children which complies with all applicable requirements of the administrative code of the city of New York.
§ 21-302 Housing-readiness training and aftercare programs.
The commissioner shall establish, maintain and operate housing-readiness training for all eligible homeless persons determined to be in need of such training. This training shall include such subjects as the commissioner shall determine are necessary to enable such eligible homeless persons to acquire the skills necessary for adjustment to and remaining in permanent housing. On or before December 31, 1995, the commissioner shall promulgate a housing-readiness training plan to be used in such training as shall be established, maintained and operated pursuant to this section. Beginning on December 31, 1995, such housing-readiness training shall be available no less frequently than on a quarterly basis.
The commissioner shall establish, maintain and operate aftercare programs to assist eligible homeless persons who have been placed in permanent housing to adjust to and remain in such housing. The commissioner shall determine the period for which such eligible homeless persons may remain in aftercare programs. For the purposes of this section, aftercare shall be defined to include, but not be limited to, follow-up case management services and assisting formerly eligible homeless persons who have been placed in permanent housing to access needed services in their communities.
§ 21-303 Training and supervision of housing specialists.
Housing specialists shall be available to serve in each transitional housing facility used, owned, operated, managed or contracted for, by or on behalf of the department. Where housing specialists are placed in transitional housing facilities and are employed by not-for-profit or for-profit operators of such facilities, the commissioner shall establish a training program for such housing specialists which shall include, but not be limited to, establishing expertise in the various housing programs to which eligible homeless persons may be referred and proper case management techniques. The commissioner shall develop definite program goals and timetables by which he or she shall assess the performance of housing specialists in matching as expeditiously as possible eligible homeless persons with available housing resources and, on or before December 31, 1995, shall report to the speaker of the city council in writing on such goals and timetables by which he or she shall assess the performance of housing specialists.
§ 21-304 Computerization.
In order to ensure that the delivery of services provided by the department to eligible homeless persons is efficiently coordinated with the services provided by the department of social services to such persons, the commissioner shall, to the maximum extent possible and in conformance with federal and state confidentially laws, develop computer systems which can easily access and share data with department of social services computer systems regarding such persons. The commissioner may appoint an interagency computer liaison to facilitate such interagency communication and information sharing.
The commissioner shall establish, in conjunction with the department of housing preservation and development and the New York city housing authority, a permanent housing resource clearinghouse to coordinate and track such permanent housing resources as may be approved as available to eligible homeless persons.
§ 21-306 Continuum of care steering committee.
There shall be a continuum of care steering committee, which shall be responsible for providing advice to the commissioner on implementation of the requirements of the homeless emergency assistance and rapid transition to housing act of 2009, codified in chapter 119 of title 42 of the United States code, and any regulations promulgated pursuant to such act. The steering committee shall be created pursuant to section 578.5 of title 24 of the code of federal regulations and shall at a minimum include at least one member who is currently or formerly homeless. The members of the steering committee shall be representative of the relevant organizations and of projects serving homeless subpopulations. The members of the steering committee shall serve without compensation. The steering committee shall submit its advice to the commissioner, or his or her designee, in person or in writing, on a quarterly basis. The commissioner, or his or her designee, shall meet with the steering committee regularly.
§ 21-307 Interagency coordinating council.
There shall be an interagency coordinating council established by the mayor which shall consist of representatives of each city agency providing transitional housing or services to eligible homeless persons and other homeless individuals and families. Such interagency coordinating council shall include, but shall not be limited to, representatives of the department of homeless services, the department of social services/the human resources administration, including at least one representative who works in housing for individuals with HIV/AIDS, housing for victims of domestic violence, and supportive housing, the department of housing preservation and development, the department of youth and community development, the administration for children’s services, the department of education, the department of health and mental hygiene, and such other agencies as the mayor shall designate. The mayor shall designate a deputy mayor to serve as chairperson of the interagency coordinating council. The commissioner of the department of homeless services shall provide appropriate personnel to assist the interagency coordinating council in the performance of its functions. Representatives of the New York city housing authority and of the office to end domestic and gender-based violence may serve on the interagency coordinating council, and the chairperson of the interagency coordinating council or his or her designee shall notify such agencies of their ability to serve.
The interagency coordinating council shall:
not later than October 1, 2018, and each year thereafter, prepare, in consultation with the office of management and budget, an annual breakdown of each member agency’s expenditures for housing and services to the homeless in the adopted budget;
review the organization and operations of member agencies with respect to contracted service providers to the homeless, including service delivery, management and evaluation of performance;
recommend means by which the fragmentation of the provision of housing for, and delivery of services to, the homeless may be reduced and the efficiency, effectiveness and economy of service delivery may be enhanced;
consider proposals for the improvement of transitional and permanent housing programs and service delivery to the homeless; and
recommend to the mayor and the city council joint agency projects or programs which could facilitate more efficient use of existing resources.
The interagency coordinating council shall meet at least quarterly and shall hold at least one public hearing annually, at which public testimony shall be taken. A report on each such public hearing shall be submitted in writing to the speaker of the city council within ten days of the date on which such public hearing was held. Where the interagency coordinating council fails to hold such meetings or public hearings as required pursuant to this subdivision, a report shall be submitted in writing to the speaker of the city council including an explanation of the failure to hold such meetings or public hearings.
No later than January 1, 2018, and every January 1 thereafter, the interagency coordinating council shall submit an annual report to the speaker of the council and the mayor containing the interagency coordinating council’s recommendations as developed pursuant to subdivision b of this section. Such report shall be posted on the department’s website. The reports required pursuant to this section shall remain permanently available on the department’s website.
§ 21-308 Five-year plan to relieve homelessness.
The commissioner shall submit to the speaker of the city council a Five-Year Plan to Relieve Homelessness, including but not limited to the following:
a. Projected numbers of homeless individuals and families.
b. Projected expense and capital budgets for the department, including, but not limited to expenditures for homeless individual and homeless family programs, facilities and services.
c. Projected number of facilities to be constructed or rehabilitated to accommodate homeless individuals and families.
d. Projected number of permanent housing units to be constructed or rehabilitated to accommodate homeless individuals and families.
The Five-Year Plan shall be reviewed and updated by the commissioner each year, and the updated version thereof shall be submitted to the speaker of the city council not later than October first of each year.
b. In the fifth year covered by each such Five-Year Plan, the commissioner shall submit a Five-Year Plan to Relieve Homelessness for the next succeeding five-year period not later than six months prior to the last day of such fifth year to the speaker of the city council.
§ 21-309 Referrals to non-compliant hotel units prohibited.
Not later than September 30, 1996, the commissioner shall eliminate for the purpose of providing transitional housing for homeless families with children the department’s use of:
any privately owned hotel with a total of more than 100 units which is operated by the owner or another person for profit; and
any unit in a privately owned hotel with a total of 100 units or less which is operated by the owner or another person for profit in which a bathroom, cooking facilities including but not limited to secured burners and other equipment as may be necessary to prepare meals for a family, a kitchen-style sink, a refrigerator, and an adequate sleeping area are not provided in each unit and where stable living accommodations, on-site social services, and accommodations which otherwise comply with federal, state and local laws are not provided to the homeless families with children housed in each such unit. For purposes of this section, “on-site social services” shall mean, at a minimum:
(A) services for information and referral to appropriate health care providers;
(B) within two days of arrival, the family is offered a preliminary needs determination, including referrals for benefits or services which if immediately provided to the family would facilitate their return to permanent housing, and an evaluation of the educational and other needs of the family members;
(C) the family is offered an assessment of its needs and an analysis of how these needs will be met through existing public assistance and care programs, including child welfare programs, and the steps to be taken to obtain the service needs of the family;
(D) the family has access to its services plan and case files;
(E) the family is offered assistance in preparing for permanent housing, which shall include, at a minimum, where necessary and appropriate: counseling services, assistance in obtaining permanent housing, assistance in securing supportive social and mental health services including but not limited to psychiatric, drug and alcohol services and assistance in securing employment assessment, job training and job placement services; and (F) the family is offered information about and referrals to: local community agencies and programs the services of which the family may reasonably require in order to facilitate their return to permanent housing and for which the family is eligible; recreational services; and child care services.
Notwithstanding any other provision of this section, the commissioner, or the commissioner of any successor agency, shall be authorized to take such action as may be necessary to comply with court orders.
§ 21-310 Compilation of data on homeless veterans.
In addition to any other data which it may deem relevant, the department shall compile data on each person using the homeless shelters of New York city which shall include information regarding:
a. whether the person is a veteran;
b. whether that person’s veteran status has been verified;
c. the period of time the person served in the armed forces;
d. the type of discharge;
e. whether the discharge was a service connected disability; and
f. whether the veteran is receiving a veterans’ pension.
The term “veteran” means a person who has served in the active military of the United States and who has been released from such service otherwise than by dishonorable discharge.
§ 21-311 Quarterly reporting requirements.
In addition to such other reports as the commissioner is required to submit to the speaker of the city council pursuant to this chapter, beginning on October 1, 1995 and on the first day of each succeeding calendar quarter thereafter, the commissioner shall submit to the speaker of the city council a report in writing aggregating the following statistics both on a quarterly and fiscal year annualized basis:
placements in permanent housing by program, including but not limited to placements provided by and through the department of housing preservation and development and the New York city housing authority;
the length of time individuals and families receive transitional housing from or through the department without having been placed in permanent housing and the type of such transitional housing utilized;
the number of individuals and families who are rehoused in transitional housing within two years of having been placed in permanent housing and the length of time between such permanent housing placement and such rehousing in transitional housing; and
with reference to any telephone hotline operated by or for the department for the purpose of facilitating contract between families in need of transitional housing and the department, how the public is informed of the availability of the telephone hotline, the number of calls received disaggregated by borough of origin, the average number of department staff receiving calls on a daily basis, the number of persons for whom assistance was provided and the actions taken on each call.
§ 21-312 Shelters for adults.
Definitions.
“Census” shall mean the actual number of persons receiving shelter at a shelter for adults.
“Certified capacity” shall mean the maximum number of persons who may receive shelter at a shelter for adults at any one time as authorized by the New York state office of temporary and disability assistance.
No shelter for adults shall be operated with a census of more than two hundred persons. Notwithstanding such prohibition, any shelter with a census of greater than two hundred persons on June first, nineteen hundred ninety-eight may continue to operate in excess of the abovementioned two hundred person limitation, and such shelter may continue to shelter the highest number of persons permitted, authorized, approved or otherwise allowed between June first, nineteen hundred ninety-eight and December seventeenth, nineteen hundred ninety-eight, by the state of New York office of temporary and disability assistance. Nothing in this section shall be construed to require any shelter with a census of greater than two hundred persons on the effective date of this local law to reduce its census below two hundred persons.
Notwithstanding the provisions of subdivison b of this section, homeless single adult shelters may provide short-term emergency shelter to persons in excess of the certified capacity only when the conditions set forth in subdivision h of section 491.4 of title 18 of the official compilation of the codes, rules and regulations of the state of New York are met, and in no event for more than thirty days in any calendar year. Whenever a shelter for adults operates above its certified capacity, the speaker of the council shall be notified in writing within three business days.
A minimum of seven supervisory staff members shall be required to be present whenever a shelter for adults operates with a census of two hundred and one persons or more, and one additional supervisory staff member shall be required for every forty persons in excess of two hundred and one.
The commissioner shall submit to the speaker of the council quarterly reports summarizing the health, sanitation, safety and fire protection-related deficiencies identified in any inspection of a shelter for adults conducted by any state agency, including but not limited to the office of temporary and disability assistance, the office of children and family services, and the New York state department of health; and any city agency including, but not limited to, the New York city fire department, the New York city department of health and mental hygiene, and the New York city department of buildings; any other government agency; and any organization appointed by any court. The first such report shall be due thirty business days following the calendar quarter ending September thirtieth, nineteen hundred and ninety-eight and all subsequent reports shall be due thirty business days following the last day of each succeeding calendar quarter. Such quarterly reports shall include, but not be limited to, the following:
a list of all deficiencies identified by any state, city or other inspecting government agencies or organizations appointed by any court during the quarter which have not yet been brought into compliance with applicable statutes, laws, rules and regulations and the date on which deficiencies previously reported to the speaker of the council were brought into compliance;
a list of all deficiencies identified by the fire department in three or more consecutive inspections which have not yet been brought into compliance with applicable statutes, laws, rules and regulations;
a copy of all court orders regarding health, sanitation, safety and fire protection-related deficiencies issued during the quarter; and
a copy of all corrective action plans, and amendments thereto, regarding health, sanitation, safety and fire protection-related deficiencies filled with any court during the quarter.
§ 21-313 The emergency assistance unit.
The department shall maintain a facility open for intake twenty-four hours a day, seven days a week to accept and process applications for shelter from families with children. Any family with children seeking shelter who is still in the process of applying as of ten o’clock in the evening on the day such family sought shelter shall be provided temporary shelter placement for that night. The following morning the family shall return to the intake facility to complete the application process. The department shall arrange transportation for the families to and from the temporary shelter placement.
§ 21-314 Case management services.
The commissioner shall provide case management services to all persons assigned to stay at the department’s facilities or the facilities of organizations contracting with the department who are either waiting for the department to determine their eligibility for shelter or are receiving such shelter. Such case management services shall include, but not be limited to, assistance obtaining (a) medical treatment, (b) federal, state and local government documents including, but not limited to, birth certificates, marriage licenses, and housing records, and (c) food, medicine and other necessary supplies; and shall address issues such as domestic violence, child abuse and mental illness, when needed.
§ 21-314.1 Signage and other materials.
The commissioner shall, in consultation with not-for-profit organizations dedicated to the advocacy of child welfare, establish, maintain, and update signage and any other materials that are deemed necessary related to the reporting of child abuse and maltreatment which shall be conspicuously placed in all Tier II shelters and any other facilities that shelter homeless families and which shall include but not be limited to:
A textual representation of the type of abusive or neglectful behavior that should be reported, which encourages witnesses of such behavior to report any suspected incidents of child abuse or maltreatment;
The name and contact information of the appropriate person or agency to whom suspected incidents of child abuse or maltreatment are to be reported; and
An explicit indication of which persons are mandated to report suspected incidents of child abuse or maltreatment pursuant to section 413 of the social services law.
The commissioner shall, in consultation with not-for-profit organizations dedicated to the study or dissemination of information about proper infant sleep position and arrangement, establish, maintain, and update signage and any other materials that are deemed necessary related to proper infant sleep position and arrangement which shall include, but not be limited to, a textual and pictorial representation of proper infant sleep position and arrangement. Such signage shall be displayed conspicuously, at a minimum, in every common area of a Tier II shelter and any other facility that shelters homeless families.
The commissioner shall provide for the translation of the signage required in subdivisions a and b of this section and any other materials deemed necessary pursuant to this section into every covered language as defined pursuant to section 8-1004 of this code.
In addition to the signage and materials provided for in subdivisions a and b of this section, the commissioner shall establish, maintain, and provide training for appropriate shelter employees in the instruction of parents with regard to proper infant sleeping position and arrangement.
§ 21-315 Adult shelters operating in excess of two hundred persons.
For the purposes of this section, a shelter for adults that operates with a permitted census in excess of two hundred persons pursuant to subdivision b of section 21-312 of this code shall be termed “a grandfathered shelter.” In the event that any grandfathered shelter is closed, it may be replaced pursuant to the following provisions:
The Kingsboro Shelter Building 6 operating with a census of two hundred twenty-one persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with a shelter with a maximum census of two hundred twenty-one persons.
The Brooklyn Women’s Shelter operating with a census of two hundred twenty-nine persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with a shelter with a maximum census of two hundred twenty-nine persons.
The Atlantic Shelter operating with a census of three hundred fifty persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with a shelter with a maximum census of three hundred fifty persons.
The Borden Shelter operating with a census of four hundred ten persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with a shelter with a maximum census of three hundred fifty persons.
The Bellevue Shelter operating with a census of eight hundred fifty persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with two shelters each with a maximum census of four hundred persons.
The Camp LaGuardia Shelter operating with a census of one thousand seventeen persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with two shelters each with a maximum census of four hundred persons.
The Charles H. Gay Shelter operating with a census of one thousand thirty-seven persons permitted pursuant to subdivision b of section 21-312 of this code may be replaced with two shelters each with a maximum census of four hundred persons.
Each new shelter which replaces a shelter listed in subdivision a of this section shall comply with applicable statutes, laws, rules and regulations, including, but not limited to, section 197-c of the New York city charter.
§ 21-316 Presumption of eligibility.
For purposes of this section, “HRA domestic violence shelter” shall mean any residential care facility providing emergency shelter and services to victims of domestic violence and their minor children and operated by the department of social services/human resources administration or a provider under contract or similar agreement with the department of social services/ human resources administration.
The department shall deem any applicant residing in an HRA domestic violence shelter an eligible homeless person for purposes of temporary shelter placement provided by the department provided (i) the applicant is no longer eligible for such HRA domestic violence shelter because such applicant has exhausted the maximum length of stay permitted at such HRA domestic violence shelter; (ii) the human resources administration or successor entity has provided the department with advance notice of such applicant’s upcoming exit from such HRA domestic violence shelter, with the human resources administration or successor entity required to provide such advance notice where applicable; and (iii) such applicant reports to the department on the same calendar day as the applicant’s exit from such HRA domestic violence shelter. Such applicants shall not be required to undergo an eligibility determination process at a department intake facility prior to being admitted to a temporary shelter placement.
§ 21-317 Medical and mental health services in shelters.
Definitions. For the purposes of this section, the following terms have the following meanings:
Adult. The term “adult” means any person who is 18 years of age or older.
Adult families. The term “adult families” means families comprised of adults and no children.
Children. The term “children” means one or more persons under 21 years of age.
Domestic violence shelter. The term “domestic violence shelter” means facilities operated by the department of social services or by a provider under contract or similar agreement with the department of social services to provide shelter for victims of domestic violence.
Drop-in center. The term “drop-in center” means facilities operated by the department or a provider under contract or similar agreement with the department that provide single adults with hot meals, showers, laundry facilities, clothing, medical care, recreational space, employment referrals and/or housing placement services, but not overnight housing.
Families with children. The term “families with children” means families with adults and children, couples including at least one pregnant woman, single pregnant women, or parents or grandparents with a pregnant individual.
HASA facility. The term “HASA facility” means single room occupancy hotels or congregate facilities managed by a provider under contract or similar agreement with the department of social services to provide shelter for recipients of services from the HIV/AIDS services administration.
Homeless adult. The term “homeless adult” means an individual with an address listed in SPARCS that is a known shelter, or an individual who is listed as homeless or undomiciled.
Intake center. The term “intake center” means the facilities where individuals or families must apply for shelter with the department.
New to the shelter system. The term “new to the shelter system” means an individual who has never lived in a shelter or who has not lived in a shelter for the previous 12 months.
New York state department of health statewide planning and research cooperate system (SPARCS). The term “New York State department of health statewide planning and research cooperate system (SPARCS)” means the New York administrative hospital discharge database.
Safe Haven. The term “safe haven” means facilities operated by the department or a provider under contract or similar agreement with the department that provide low-threshold, harm-reduction housing to chronic street homeless individuals, who are referred to such facilities through a department outreach program, without the obligation of entering into other supportive and rehabilitative services in order to reduce barriers to temporary housing.
Shelter. The term “shelter” means temporary emergency housing provided to homeless single adults, adult families, and families with children by the department or a provider under contract or similar agreement with the department.
Single adults. The term “single adult” means individuals without an accompanying adult or child.
Not later than September 1, 2018, and no later than September 1 annually thereafter, the department shall submit to the speaker of the council and post on its website a report regarding information on medical health services provided to homeless individuals for the preceding calendar year. The first such report shall be preliminary, and limited to the data reasonably available to the department for the preceding calendar year. Such reports shall include, but not be limited to, the following information and shall be disaggregated by whether such medical health services are provided to single adults, adult families or families with children:
The number of shelters, domestic violence shelters, and HASA facilities with on-site medical health services, as well as the total number of shelters, domestic violence shelters and HASA facilities;
A description of the medical health services in each intake center;
A description of the medical health services provided at drop-in centers and safe havens;
A description of the medical health services provided to the unsheltered homeless population, including but not limited to the number of clients served by a provider under contract or similar agreement with the department to provide medical health services to the unsheltered homeless population, and the number of clients transported to the hospital;
A list of the 10 most common medical health issues for adults living in shelters, as self-reported at intake/assessment, and the 10 most common medical health issues for children living in shelters, as self-reported at intake/assessment;
A list of the 10 most common medical health issues for adults living in shelters and the 10 most common medical health issues for children living in shelters, as reported by providers under contract or similar agreement with the department to provide medical services in shelter;
The number of individuals new to the shelter system discharged from a hospital to a shelter;
The number of individuals new to the shelter system discharged from a nursing home to a shelter;
Any metrics relevant to the provision of medical health services reported to the department by any entity providing such services; and
No later than September 1, 2020 and every three years thereafter, the most frequent causes of hospitalizations, excluding HIV or AIDS, for homeless adults based on information available through SPARCS.
Not later than September 1, 2018, and no later than September 1 annually thereafter, the department shall submit to the speaker of the council and post on its website a report regarding information on mental health services provided to homeless individuals for the preceding calendar year. The first such report shall be preliminary, and limited to the data reasonably available to the department for the preceding calendar year. Such reports shall include, but not be limited to, the following information and shall be disaggregated by whether such mental health services are provided to single adults, adult families, or families with children:
The number of shelters, domestic violence shelters, and HASA facilities with on-site mental health services and a description of such services, as well as the total number of shelters, domestic violence shelters and HASA facilities;
A description of the mental health services in each intake center;
A description of the mental health services provided at drop-in centers and safe havens;
A description of the mental health services provided to the unsheltered homeless population directly and by referral, including the number of removals initiated pursuant to section 9.58 of the mental hygiene law;
A list of the 10 most common mental health issues for adults living in shelters, as self-reported at intake/assessment, and the 10 most common mental health issues for children living in shelters, as self-reported at intake/assessment;
A list of the 10 most common mental health issues for adults living in shelters and the 10 most common mental health issues for children living in shelters, as reported by providers under contract or similar agreement with the department to provide mental health services; and
Any metrics relevant to the provision of mental health services reported to the department by any entity providing such services.
No information that is required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting individuals in shelter.
§ 21-318 Distribution of domestic violence education materials.
Definitions. For the purposes of this section, the following terms have the following meanings:
Domestic violence. The term “domestic violence” means any crime or violation, as defined in the penal law, alleged to have been committed by any family or household member against any member of the same family or household, as the term family or household member is defined in the social services law.
Intake facility. The term “intake facility” means the prevention assistance and temporary housing center and the adult family intake center, or any successor entities.
The department shall develop and distribute written or electronic materials containing information with respect to domestic violence. Such information shall be distributed to eligible homeless persons at an intake facility. At a minimum, such information shall include the nature and proper reporting of domestic violence, and shall include information on accessing relevant services.
§ 21-319 Unsheltered homeless population record.
Definitions. For the purposes of this section, the following terms have the following meanings:
Outreach staff. The term “outreach staff” means department staff or staff contracted by the department to contact and offer services to the unsheltered homeless population.
Unsheltered homeless person. The term “unsheltered homeless person” means an individual with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.
To the extent such information is provided voluntarily, the department shall maintain a record of all unsheltered homeless persons who are receiving services from or have been contacted by outreach staff, which shall be updated in real time and shall contain, to the extent available: first and last name, date of birth, race or ethnicity, and the location where outreach staff engaged the unsheltered homeless person, including but not be limited to, bus shelter, drop-in center, hospital, park, safe haven or subway. No later than September 1, 2018, and quarterly thereafter, the department shall submit to the speaker of the council and post online the total number of unsheltered homeless persons included in the record required pursuant to this subdivision, disaggregated to the extent available by the location where outreach staff first engaged the unsheltered homeless person.
§ 21-320 Opioid antagonist administration training
Definitions. For the purposes of this section, the following terms have the following meanings:
Opioid. The term “opioid” means an opiate as defined in section 3302 of the public health law.
Opioid antagonist. The term “opioid antagonist” means naloxone or other medication approved by the New York state department of health and the federal food and drug administration that, when administered, negates or neutralizes, in whole or in part, the pharmacological effects of an opioid in the human body.
Opioid antagonist administration training. The term “opioid antagonist administration training” means a program with the purpose of training individuals encountering a suspected opioid overdose with the steps to take in order to prevent a fatality, including contacting emergency medical services and administering an opioid antagonist.
Shelter. The term “shelter” means temporary emergency housing provided to homeless individuals by the department or by a provider under contract or similar agreement with the department.
Training.
The department shall provide opioid antagonist administration training to staff as identified by the department that may encounter persons experiencing or who are at high risk of experiencing an opioid overdose. The department shall require providers to ensure that at a minimum one such trained staff is on duty at all times during the provider’s usual business hours.
For such employees identified by the department, the department shall (i) provide a refresher training every two years, or (ii) otherwise require that each trained employee undergo a refresher training every two years.
The department shall develop and implement an opioid overdose training plan to offer opioid overdose training to shelter residents who may encounter persons experiencing or who are at a high risk of experiencing an opioid overdose. No later than March 1, 2018, the commissioner of the department of social services shall submit to the mayor and the speaker of the council, and post online, a comprehensive opioid overdose training plan informed, to the extent practicable, by the reporting pursuant to section 17-190, for such residents. Such plan shall include, but need not be limited to:
(a) Strategies for the agency to offer opioid antagonist administration training to such shelter residents;
(b) Information on how such shelter residents will be informed about the availability of such training;
(c) Information specific to the availability of such training;
(d) Information specific to the availability of opioid antagonist at shelter facilities; and
(e) The date by which the implementation of such plan will commence.
Beginning no later than September 1, 2018, and no later than every September 1 thereafter, the commissioner shall submit to the mayor and the speaker of the council an annual report regarding (i) the number of department employees and employees of service providers under contract with the department who have completed the opioid antagonist administration training, (ii) the number of department employees and employees of service providers under contract with the department who have completed a refresher training and (iii) the number of shelter residents who have completed the opioid antagonist training. Such report shall also include the number of times an opioid antagonist was administered to a resident disaggregated by the type of facility where the administration occurred.
§ 21-321 Educational continuity.
Definitions. For the purposes of this section, the following terms have the following meanings:
Intake facility. The term “intake facility” means the location where families with children apply for temporary emergency housing with the department, such as the prevention assistance and temporary housing facility, or a successor entity.
Shelter applicants. The term “shelter applicants” means families with children in the process of applying for emergency shelter with the department at an intake facility with no prior shelter history or application for shelter within the last 90 days.
As part of the intake process at an intake facility, the department shall offer or otherwise make available to all shelter applicants written materials and information on educational continuity. The department shall additionally permit the department of education access to intake facilities for the purpose of holding discussions with shelter applicants on educational continuity, and shall work with the department of education to facilitate such discussions. Such materials, information, and discussions shall include but not be limited to the following:
Information on the education rights of any preschool-aged and school-aged children relating to school access and educational continuity rights;
Information on transportation and/or enrolling in a new school for any school-aged children;
Information relating to early childhood care and education options for shelter applicants with children under 5 years old, including 3-K and Pre-K for All, EarlyLearn, and other forms of subsidized child care, including child care vouchers;
Information relating to referring children for evaluations for early intervention services and preschool special education services; and
Information on homeless students’ rights, including a summary of students’ rights pursuant to the McKinney-Vento homeless assistance act of 1987, as enacted by public law 100-77.
Any information provided to shelter applicants concerning educational continuity shall include contact information for relevant staff at the department of education. In the event that a representative of the department of education is unavailable and is not scheduled to be available to discuss educational continuity with a shelter applicant during the intake process at an intake facility, the department shall provide such shelter applicant with written materials pursuant to subdivision b and with contact information for relevant staff at the department of education who can assist with matters related to educational continuity.
§ 21-322 Daily census data.
Definitions. For the purposes of this section, the following terms have the following meanings:
Adult. The term “adult” means any person who is 18 years of age or older;
Adult family. The term “adult family” means a family comprising adults and no children;
Child. The term “child” means a person under 18 years of age;
Faith bed. The term “faith-bed” means a facility that provides overnight housing to individuals, are affiliated with one or more religious groups, and receive client referrals through organizations under contract with the department;
Family with children. The term “family with children” means a family with at least one adult and at least one child, couples including at least one pregnant woman, single pregnant women, or parents or grandparents with a pregnant individual;
Safe haven. The term “safe haven” means a facility operated by the department or a provider under contract or similar agreement with the department that provides low-threshold, harm-reduction housing to chronic street homeless individuals, who are referred to such facilities through a department outreach program, without the obligation of entering into other supportive and rehabilitative services in order to reduce barriers to temporary housing;
Shelter. The term “shelter” means temporary emergency housing provided to homeless adults, adult families, and families with children by the department or a provider under contract or similar agreement with the department;
Short-term housing for veterans. The term “short-term housing for veterans” means a facility that provide short-term housing for people who actively served in the United States military;
Single adult. The term “single adult” means an adult without an accompanying adult or child.
No later than January 31, 2018, and every weekday, Monday through Friday, thereafter, the department shall post on its website a shelter census report for the prior calendar day immediately preceding such weekday, excluding holidays. Such report shall include but not be limited to the following information regarding individuals in shelter each such calendar day:
The total number of individuals, disaggregated by the number of adults and the number of children;
The number of single adults, disaggregated by the number of single men and the number of single women;
The number of families with children, disaggregated by the number of adults in such families with children, the number of children in such families with children, and the total number of individuals comprising such families with children;
The number of adult families in shelter, including the total number of individuals comprising such adult families;
The following information on single adults, including but not limited to:
(a) The number of individuals in a drop-in center overnight;
(b) The number of individuals in faith-beds;
(c) The number of individuals utilizing safe havens;
(d) The number of individuals in short-term housing for veterans; and
(e) The number of individuals in criminal justice short-term housing.
§ 21-323 Referral of additional services.
Definitions. For the purposes of this section, the term “shelter” means temporary emergency housing provided to homeless individuals by the department or by a provider under contract or similar agreement with the department.
The department shall refer any individual who discloses to their case manager, as defined in section 21-314, that while in shelter they have received an opioid antagonist to combat the symptoms consistent with those of an opioid overdose, to appropriate service providers for appropriate additional services.
Chapter 5: Work Experience Program Grievance Procedure*
§ 21-501 Definitions.*
As used in this chapter:
“Participant” means an applicant for or recipient of family assistance or safety net assistance who volunteers for or who has been required to participate in the work experience program.
“Sponsoring agency” means a public agency or a private non-profit or for-profit organization providing an employment related activity(ies) or service(s) to a social services district or the department of social services through contract or agreement.
“Terms and conditions of work” shall encompass hours of work, transportation, training, health, safety, alleged failure to comply with program or work activities requirements, and any and all other terms and conditions of work for participants.
“Grievance” means:
i. a dispute between a sponsoring agency and one or more WEP participants concerning any terms and conditions of work; or
ii. a claimed violation, misinterpretation, or misapplication of the rules or regulations of a sponsoring agency affecting the terms and conditions of work.
“Work Experience Program” or “WEP” shall mean the program established by New York City pursuant to and governed by Title 9-B of the New York State social services law section 336-c and implementing regulations, under which individuals receiving family assistance or safety net assistance who are assigned to the work experience program are required to work for a specified number of hours per week in a government or private not-for-profit or for-profit agency in order to maintain their eligibility for continued public assistance.
“Step 1 supervisor” means the participants immediate supervisor, unless the participant’s immediate supervisor is represented for purposes of collective bargaining, in which case the sponsoring agency shall designate a supervisor who is not represented for purposes of collective bargaining to hear and resolve Step 1 grievances.
§ 21-502 Applicability.*
This chapter shall apply to all sponsoring agencies and WEP participants.
§ 21-503 Grievance procedure.*
The following procedure shall be established in order to allow for the timely resolution of grievances. A participant may elect to pursue a grievance pursuant to this chapter prior to the initiation of conciliation under §341 of New York State social services law. The sponsoring agency shall notify each participant orally and in writing at the start of each work assignment of the participant’s rights and responsibilities under this procedure, including the right to resolve grievances under such procedure prior to the initiation of conciliation under §341 of New York State social services law, and of the name, work address, telephone number of and locations to submit a grievance to the participant’s Step 1 supervisor and the sponsoring agency WEP coordinator. The sponsoring agency shall not notify the office of employment services (“OES”) or any other designee of the local social services district of an alleged failure to comply with program or work activities requirements by the participant unless and until the Step 1 supervisor or a higher-level supervisor first notifies the participant orally and in writing that the gency intends to do so and why, and then only after completion of the procedure set forth in Steps 1 and 2. In the event there is an alleged failure by a participant to comply with a program or work activity requirement and no grievance is submitted during the time period set forth below, then the sponsoring agency may notify OES. Nothing herein shall limit the authority of the sponsoring agencies except as provided herein.
General Procedure.
i. Step 1. A participant’s grievance shall be made verbally or in writing to his or her step 1 supervisor not later than five (5) working days after the act or omission complained of. Discussion and consideration of the grievance may be assisted by a higher level supervisor(s), who may be called in to help with the resolution process. The participant and the supervisor(s) shall work together to resolve the dispute to the satisfaction of both the participant and the sponsoring agency. The grievance shall be considered and passed upon in writing within five (5) working days after it has been presented to the participant’s step 1 supervisor. A copy of the written decision shall be given to the participant.
ii. Step 2. If a grievance is not resolved at step 1 to the satisfaction of the participant, within seven (7) working days after the participant has received a copy of the written decision rendered in step 1, the participant may appeal the initial decision verbally or in writing by requesting a discussion of the grievance with the sponsoring agency WEP coordinator. The participant and the sponsoring agency WEP coordinator shall work jointly for a mutually satisfactory resolution of the grievance. The appeal shall be considered and passed upon in writing within three (3) working days after the appeal has been made. A copy of the determination of the appeal shall be given to the participant.
iii. Step 3. If a grievance is not resolved at step 2 to the satisfaction of the participant, the participant may appeal the decision verbally or in writing to the social services district pursuant to social services law §341.
A participant grieving a work assignment or working conditions shall continue to work at their assigned sponsoring agency. If the grievance involves a claim that the assignment or condition is injurious to the participant’s health or safety or that it exceeds his/her medical limitations, the sponsoring agency shall reassign the participant to a different work assignment that is not injurious to the participant’s health or safety or claimed medical limitations.
At any stage of the grievance procedure established by this chapter, a participant shall have the right to representation by legal counsel, or by a relative, friend, or other spokesperson, or may represent him or herself.
§ 21-504 Supportive services.*
Each sponsoring agency must provide such work-related materials, safety equipment, clothing (including uniforms, footwear, outerwear and inclement weather gear), tools and other equipment necessary in order for a participant to perform his or her assignment in a safe, appropriate and efficient manner. Failure of the sponsoring agency to comply with this provision shall be grievable under this chapter.
Chapter 4: Department of Youth and Community Development
§ 21-401 Definitions.
For the purposes of this chapter the following terms have the following meanings:
Commissioner. The term “commissioner” means the commissioner of the department of youth and community development.
Department. The term “department” means the department of youth and community development.
Homeless young adult. The term “homeless young adult” has the same meaning as provided in section 532-a of the executive law.
Homeless youth. The term “homeless youth” has the same meaning as provided in section 532-a of the executive law. For the purposes of this chapter, the term homeless youth shall also include homeless young adults.
Runaway and homeless youth crisis services program. The term “runaway and homeless youth crisis services program” has the same meaning as provided in section 532-a of the executive law.
Runaway and homeless youth services. The term “runaway and homeless youth services” means department-funded street outreach and referral services, drop-in centers, runaway and homeless youth crisis services programs, and transitional independent living support programs.
Runaway youth. The term “runaway youth” has the same meaning as provided in section 532-a of the executive law.
Sexually exploited child. The term “sexually exploited child” has the same meaning as provided in subdivision one of section 447-a of the social services law.
Shelter services. The term “shelter services” means residential programs within runaway and homeless youth crisis services programs and transitional independent living support programs.
Transitional independent living support program. The term “transitional independent living support program” has the same meaning as provided in section 532-a of the executive law.
Youth. The term “youth” means any person under 24 years of age.
§ 21-402 Reporting requirements to the city council.
The department shall submit to the city council two reports annually concerning the department’s youth services programs, reported separately for community service block grants and other federal, state and city funding sources, respectively, providing indicators on the department’s performance goals, actual performance and delivery of youth services within community districts and boroughs, to assist the city council in its oversight of the department’s administration of funds and coordination of youth programs. The department shall present actual data for such indicators for the preceding fiscal year and for the current fiscal year, and shall project data for the following fiscal year. Information in the reports shall be presented in accordance with the following categories of indicators: financial indicators; department personnel indicators; performance goals and actual performance with respect to contract categories; and performance goals and actual performance with respect to individual programs. Provided, however, that such reports issued during the first calendar year following the effective date of this provision shall not be required to identify such information separately for each community district for those contracts previously awarded by the department for youth services.
A. Financial indicators. The department shall submit to the city council the following information on contracted services:
the number and dollar value of contracts with providers of youth services by community district and borough;
the number and dollar value of contracts with providers of youth services for contracts terminated prior to the expiration of the contract and for contracts withdrawn prior to the starting date of such contract by community district and borough; and
for contracts with providers of youth services having a dollar value of more than twenty-five thousand dollars for which programmatic and/or fiscal reviews were conducted, the number and dollar value of such contract by community district and borough.
B. Personnel indicators. The department shall submit to the city council the following information on department personnel:
the number of employees funded by city, state, community service block grants and other federal funds, respectively, and for each funding source the number of employees who are in each compensation category, such as, full-time, part-time, salaried, hourly or other, and the criteria utilized by the department to establish each category;
the number of personnel in administrative positions and the proportion of time spent on administrative functions.
C. Contract categories. The department shall assign to each contract a category from one of the following:
BEACON programs;
youth development programs;
services for runaway and homeless youth; and
any additional category deemed necessary by the commis- sioner.
D. Performance goals and actual performance reporting requirements with respect to contract categories. The department shall submit to the city council the following indicators on the performance goals and actual performance of services for each of the contract categories established pursuant to paragraph C of this subdivision:
the number and dollar value of contracts with providers of youth services; and
the allocation of funds by community services block grants and other federal, city, state and private funding sources, respec- tively.
E. Performance goals and actual performance reporting requirements with respect to individual programs. For every program it coordinates the department shall submit to the city council the following indicators:
the program sites for each contract with a provider of youth services by community district and borough;
the number of youth served pursuant to each such contract;
any outcomes required under the terms of each such contract and the final evaluation with respect to such outcomes; and
any other indicator required under the terms of each such contract deemed necessary by the commissioner to measure a program’s performance.
F. One of the two annual reports containing the information described in paragraph A through E of this subdivision shall be submitted to the city council concurrent with the issuance of the mayor’s management report, and the other annual report containing such information shall be submitted concurrent with the issuance of the preliminary mayor’s management report. The period of reporting for the report issued concurrent with the issuance of the mayor’s management report shall be the most recent fiscal year ended, and the period of reporting for the report issued concurrent with the issuance of the preliminary mayor’s management report shall be the first four months of the fiscal year in which such report is issued.
The commissioner shall submit to the city council copies of the following reports, and any revisions, updates or modifications to such reports, at the same time that each is submitted to the appropriate New York state agency or officer, or any successor thereto, elected official or other governmental body pursuant to any applicable statute, law, regulation or rule:
i. the community services block grant management plan required to be submitted to the department of state;
ii. the community services block grant program report required to be submitted to the governor and state legislature; and "the comprehensive planning report required to be submitted to the New York state division for youth within the executive department."
Commencing on April 30, 2016 and annually thereafter, no later than every April 1, the commissioner, in consultation with the commissioner of the administration for children’s services (“ACS”) shall submit a yearly report to the speaker of the city council, and posted on the department’s and ACS’ websites, documenting the number of youth in contact with the department’s runaway and homeless youth services or ACS who are referred as, self-report as, or who the department or ACS later determine to be sexually exploited children, disaggregated by age utilizing the following ranges under 12 years old, 12-15 years old, 16-18 years old and over 18 years old, by gender and by whether such children had contact with the department or ACS. The department and ACS shall also determine and document in such report the number of such children identified as having received services from both the department and ACS. Such report shall also include a description of the services provided by the department and ACS to meet the needs of youth who are or have been sexually exploited children including, but not limited to the number of beds designated for such children and the types of mental health and health services provided to such children. Such report shall also include the department’s and ACS’s methods for collecting data regarding the number of sexually exploited children. Nothing herein shall require the department or ACS to share information that identifies such children. No information that is required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of such children’s information.
§ 21-403 Web-based information for youth and young adults aged sixteen through twenty applying for or receiving public assistance.
Definitions. For the purposes of this section the following terms shall have the following meanings:
“Public assistance” shall mean safety net assistance and family assistance provided by the New York city department of social services/human resources administration;
“Young adult” shall mean any person between and including the ages of eighteen and twenty; and
“Youth” shall mean any person between and including the ages of sixteen and seventeen.
Web-based Information. No later than sixty days from the effective date of the local law that added this section, the department shall publish, through an easily identifiable link on its website, answers to frequently asked questions relating to the rights of and options available to youth and young adults who apply for or are receiving public assistance as head of household, including but not limited to a description of how to apply for public assistance, the types of public assistance that are available, and how recipients may satisfy work requirements through educational activities. Such information shall be updated as often as necessary and at a minimum on an annual basis.
§ 21-404 Homeless and runaway youth shelter access report.
Beginning July 31, 2018, and by each January 31 and July 31 thereafter, the department shall submit to the speaker and post on its website a report relating to the number of runaway and homeless youth who contacted or presented themselves to a runaway and homeless youth services program to request shelter and were not able to access shelter services during the six month periods ending on June 30 and December 31, respectively. Such report shall include, but not be limited to, the total number of youth eligible for a department-funded program on the date such program’s services were sought who could not access shelter services, disaggregated by:
The type of shelter services the youth was attempting to obtain, including, but not limited to, a runaway and homeless youth crisis services program or a transitional independent living support program;
The name of the runaway and homeless youth crisis services program or transitional independent living support program at which the youth did not access shelter services;
The bed capacity at such runaway and homeless youth crisis services program or transitional independent living support program;
The number of beds available at such runaway and homeless youth crisis services program or transitional independent living support program at the time the youth did not access shelter services;
The ages of youth who did not access shelter services;
Whether the youth who did not access shelter services identified as a member of the lesbian, gay, bisexual, transgender, queer or intersex community, if such information was volunteered by the youth; and
The reason why the youth did not access shelter services including, but not limited to, bed capacity, bed availability, insufficient beds in a specific type of program, or whether such youth chose not to accept a bed that was offered. Such information shall be further disaggregated by the reason such youth did not accept the bed, if such information is available.
Beginning January 1, 2019, all providers under contract or similar agreement with the department to provide runaway and homeless youth crisis services or transitional independent living support programs shall submit the information required pursuant to this section to the department through an electronic database designated by the department and shall include the following information in the reports required pursuant to subdivision a of this section:
Whether the provider referred the youth to another department-funded runaway and homeless youth crisis services program or transitional independent living support program;
The name of the runaway and homeless youth services program or transitional independent living support program to which the provider referred the youth, if applicable; and
Whether that runaway and homeless youth services program or transitional independent living support program admitted the youth to receive shelter services.
§ 21-405 Intake and assessment of runaway and homeless youth.
Definitions. For the purposes of this section, the following terms have the following meanings:
Assessment shelter. The term “assessment shelter” means a facility operated by the department of homeless services or a provider under contract or similar agreement with such department where individuals undergo assessments required to reside in such department’s shelter system.
Homeless youth. The term “homeless youth” has the same meaning as provided in section 532-a of the executive law. For the purposes of this section, the term “homeless youth” shall also include homeless young adults to the extent that services to homeless young adults are included in department-funded runaway and homeless youth shelter services contracts.
Intake and assessment. The term “intake and assessment” means the process for entry into a shelter operated by the department of homeless services or a provider under contract or similar agreement with such department.
Intake center. The term “intake centers” means a facility operated by the department of homeless services or a provider under contract or similar agreement with such department where individuals or families apply to enter such department’s homeless services shelter system.
The department of homeless services and the department shall create and maintain an intake and assessment process for runaway youth and homeless youth who have reached the age and/or time limitations applicable to department-funded shelter services or, as designated by the department, other runaway or homeless youth receiving shelter services, and who seek to transition from runaway and homeless youth shelter services to a department of homeless services shelter. Such process shall permit eligible runaway youth or homeless youth to bypass entry into an intake center or assessment shelter operated by the department of homeless services when the department, or an organization that receives funding from the department to provide shelter services, provides demographic and social services information for any such youth, as agreed upon between the department and the department of homeless services, in advance of such youth’s presentation to the department of homeless services shelter system. Such process shall originate at a transitional independent living support program or a runaway and homeless youth crisis services program funded by the department. The intake and assessment bypass permitted pursuant to this section and any necessary information sharing between the department of homeless services and the department-funded program or the department shall only occur with the consent of such youth.
On or before July 31, 2018, and every six months thereafter, the department shall submit a report to the mayor and the speaker of the council which includes, but need not be limited to, the following information: a description of the intake and assessment process required by subdivision b of this section; the number of runaway and homeless youth referred through such process; where such youth were referred from; whether such youth accessed services through the process; and any recommendations for changes to the process.
§ 21-406 Services for homeless young adults.
The department shall include shelter services for homeless young adults as part of runaway and homeless youth services, but need not serve all such young adults.
§ 21-407 Time frames for runaway and homeless youth shelter services.
The department shall require that runaway youth and homeless youth are provided with shelter services pursuant to the following time frames:
Consistent with section 532-b of the executive law, a runaway youth aged 14 or older receiving shelter services in a residential runaway and homeless youth crisis services program shall be provided with shelter services in such program on a voluntary basis for up to 60 days, or up to 120 days if the runaway youth and such youth’s parent, guardian or custodian agree in writing that such youth may remain in such program, or consistent with section 420 of the executive law, beyond such time limits if the office of children and family services is notified in writing within 60 days.
Consistent with section 532-d of the executive law, a homeless youth receiving shelter services in a transitional independent living support program shall be provided with shelter services in such program for up to 24 months, or consistent with section 420 of the executive law, beyond 24 months limit if the homeless youth entered the transitional independent living support program under the age of 21 and the office of children and family services is notified in writing within 60 days.
§ 21-408 Runaway and homeless youth reporting.
Definitions. For the purposes of this section, the term “test assessing secondary completion (TASC)” means the New York state high school equivalency test which replaced the General Education Development (GED) as the primary pathway to a New York state high school equivalency diploma.
Not later than October 1, 2018, and on or before October 1 annually thereafter, the department shall submit to the speaker of the council and post on its website annual reports on the prior fiscal year ending June 30th regarding runaway and homeless youth. Such reports shall include, but not be limited to, the following information:
A description of the size and characteristics of the current population of runaway and homeless youth, to the extent known, including but not limited to gender identity, sexual orientation, race, ethnicity, pregnancy and parenting status, and disabilities.
A description of the service needs of the current population of runaway and homeless youth, to the extent known, including but not limited to educational assistance, TASC preparation, medical services, mental health services, services for sexually exploited children, and temporary shelter.
A breakdown of the dispositions of runaway and homeless youth who exited the temporary shelter system in the previous calendar year disaggregated by categories including but not limited to transitioned from a runaway and homeless youth crisis services program to a transitional independent living support program, reconnected with family, transitioned to a department of homeless services shelter, transitioned to a New York city housing authority apartment, transitioned to a private apartment, and exited to an unknown location.
A description of the public resources available to serve runaway and homeless youth including any new services established since the submission of the previous report required pursuant to this section and any existing services that will be expanded.
§ 21-409 Capacity plan.
No later than October 1, 2018, the department shall develop and submit to the speaker of the council and post on its website a plan to provide shelter services to all runaway youth and homeless youth who request such shelter from the department, consistent with regulations of the office of children and family services. Such plan shall be informed by the report required pursuant to section 21-404.
§ 21-410 Distribution of educational materials on drugs and opiates to youth services programs.
The department shall make available the educational materials on drugs and opiates awareness and prevention developed by the department of health and mental hygiene pursuant to section 17-199.9 to youth attending afterschool programs funded by the department for students in grades six to twelve.
The department shall ensure that such educational materials are available on the department’s website in English and in each of the designated citywide languages as defined in section 23-1101.
§ 21-411 Posting and reporting requirements relating to information and referral services for runaway and homeless youth.
Definitions. For purposes of this section the following terms have the following meanings:
Youth hotline. The term “youth hotline” means any hotline operated by the department for the purpose of providing information, resources, and referrals to youth.
311 customer service center. The term “311 customer service center” means the existing 311 citizen service center, which generally provides callers with information and referrals to appropriate resources and services, including referral to emergency services as necessary.
Posting information about youth hotline and 311 customer service center. All runaway and homeless youth services shall post in a conspicuous on-site location a sign indicating the phone numbers of the youth hotline and the 311 customer service center and including a statement indicating that any youth may dial either number if such youth has a question, comment, or complaint regarding any runaway and homeless youth service. The postings shall also include, but not be limited to:
Information regarding where youth may find a complete summary of the rules governing the runaway and homeless youth service as well as the conduct and responsibilities expected of runaway and homeless youth service participants;
A statement indicating that the runaway and homeless youth service receives funding from the department and is subject to its oversight;
Notice that the youth hotline or 311 customer service center may be called 24 hours a day to anonymously or confidentially communicate a question, comment, or complaint about the runaway and homeless youth service’s conduct and responsibilities, including the specific telephone numbers to dial and the hours during which each number is open to receive calls; and
A statement that any comprehensive hotline providing mental health resources established within any agency or agencies as determined by the mayor may, if such hotline exists, be contacted 24 hours a day for information, referrals, or counseling relating to an individual’s mental health and well-being, including the specific telephone number to dial.
Reporting.
No later than October 1, 2019, and on or before October 1 annually thereafter, the department shall submit a report to the mayor and the speaker of the city council which shall include the number of calls and general nature of any questions, comments, and complaints regarding runaway and homeless youth service that are received by the youth hotline and 311 customer service center, and the status of the department’s response to any such questions, comments, or complaints. The report shall include data disaggregated by calls made to the youth hotline and 311 customer service center, respectively. The annual report shall also include a summary of any changes made to runaway and homeless youth services as a result of any questions, comments, or complaints made to the youth hotline and 311 customer service center.
The general nature of any questions, comments and complaints reported pursuant to paragraph 1 of this subdivision shall include the categories of such questions, comments and complaints including, but not limited to:
(a) Facility conditions;
(b) Treatment by staff;
(c) Treatment by other youth;
(d) Lack of resources, such as medical care or sleeping accommodating, or any other reported resources; and
(e) Failure of a runaway and homeless youth service to provide information required by law.
Confidentiality. Any identifying information collected by the youth hotline, 311 customer service center, and department in relation to this section shall only be used, disclosed, and retained for the purposes set forth in this section, in accordance with applicable federal, state, and local laws, regulations, and city and agency policies relating to the privacy and confidentiality of such information. “Identifying information” has the same meaning as set forth in section 23-1201 of the code. Information received by the youth hotline and 311 customer service center may be submitted anonymously, and such information shall be maintained as anonymous to the extent permitted or required by law.
Educational outreach. The department shall engage in educational outreach about the availability of the youth hotline and 311 customer service center for questions, comments, and complaints regarding runaway and homeless youth services and conduct such outreach in a manner designed to reach as many youth as practicable. Such outreach shall include, but not be limited to, posting information about the youth hotline and 311 customer service center on the department’s website and on the websites of any other agency as determined by the mayor, as well as dissemination of informational materials targeted specifically to runaway and homeless youth by the department and through runaway and homeless youth services.
§ 21-412 Educational outreach on bullying awareness and prevention resources.
Definitions. For purposes of this section, the following terms have the following meanings:
Youth hotline. The term “youth hotline” means any hotline operated by the department for the purpose of providing information, resources and referrals to youth.
311 customer service center. The term “311 customer service center” means the existing 311 citizen service center, which generally provides callers with information and referrals to appropriate resources and services, including referral to emergency services as necessary.
Educational outreach. The department shall engage in educational outreach regarding the availability of bullying awareness and prevention resources and conduct such outreach in a manner designed to reach as many youth as practicable. Such outreach shall include, but need not be limited to, posting bullying awareness and prevention resource information on the department’s website and on the websites of any other agency as determined by the mayor, as well as the dissemination of bullying awareness and prevention resource materials through existing departmental youth programs.
Bullying awareness and prevention resources. The bullying awareness and prevention resources referenced in subdivision b of this section shall include, but need not be limited to:
Resources that provide confidential or anonymous counseling to youth via phone, text messaging, or internet-based chat functionality, including any comprehensive service providing mental health resources established within any agency or agencies as determined by the mayor, if such service exists, and any portal relating to the reporting of bullying, harassment, intimidation or discrimination operated by the department of education, if such resource exists; and
The numbers to text or to call, the operating hours applicable to each number or text function, and the website address for bullying awareness and prevention resources operated by the city, including but not limited to the 311 customer service center and, for materials directed at youth in a program funded by the department, the youth hotline.
§ 21-413 Runaway and homeless youth immigration information plan.
Plan establishment, content, and goals.
Establishment. The department shall establish a plan to provide information about resources and services relating to immigration relief and benefits through runaway and homeless youth services. Such information shall include a statement that immigration relief may be available to runaway and homeless youth who have been subjected to factors including, but not limited to, the following, and subject to applicable law:
(a) Domestic violence, dating violence, sexual assault, and stalking;
(b) Trafficking or certain other crimes;
(c) Hostile conditions in one’s country of origin, such as war, political unrest, or natural disaster;
(d) Persecution or a fear of persecution in one’s country of origin as a result of race, religion, nationality, political opinion, or membership in a particular social group including, but not limited to, identification based on sexual orientation, gender, gender identity, or sex;
(e) Abandonment, abuse, or neglect by one or both parents of a youth; and
(f) Any other similar factor that, under applicable law, may provide the basis for immigration relief for runaway and homeless youth.
Plan contents. The plan established pursuant to paragraph 1 of this subdivision shall include the following:
(a) Descriptions of how the department, in coordination with other agencies as designated by the mayor, shall make available through runaway and homeless youth services information and referral resources for legal assistance related to immigration relief or immigration-related benefits, including information about applicable age limits or deadlines associated with such relief or benefits;
(b) Schedules of training sessions for staff of runaway and homeless youth services, as required by subparagraph (c) of paragraph 3 of this subdivision; and
(c) Identification of informational materials to be made available to runaway and homeless youth through runaway and homeless youth services.
Goals. The plan established pursuant to paragraph 1 of this subdivision shall describe strategies for how the department and runaway and homeless youth services will achieve the following goals:
(a) Informing as many runaway and homeless youth as practicable about the availability of immigration services and resources, including immigration-related legal services, in the covered languages identified in section 23-1101;
(b) Ensuring that the information provided to runaway and homeless youth about available resources for immigration relief or immigration-related benefits is current and accurate, including information about age limits or deadlines applicable to obtaining such relief or benefits, if any;
(c) Establishing mandatory trainings for staff of runaway and homeless youth services about providing information and referral resources to organizations that provide assistance related to immigration relief or immigration-related benefits, including how to confidentially respond to requests for such referral resources; and
(d) Assisting in a culturally appropriate manner runaway and homeless youth who identify as lesbian, gay, bisexual, transgender, or questioning, who are in need of information about immigration relief or immigration-related benefits.
Plan due date. The department shall submit to the mayor and the speaker of the city council, and post on its website, the plan required by subdivision a of this section on or before June 1, 2019.
Reporting. No later than June 1, 2020, and annually thereafter, the department shall post on its website and submit to the mayor and the speaker of the city council a report containing indicators of the department’s activities in connection with the goals of the plan required by subdivision a of this section, including but not limited to:
A summary of programs, procedures, memoranda, or training materials relating to the implementation and goals of the plan required by subdivision a of this section;
The number of mandatory trainings conducted for staff of runaway and homeless youth services in accordance with subparagraph (c) of paragraph 3 of subdivision a of this section; and
The total number of runaway and homeless youth informed of available legal resources for immigration relief or immigration-related benefits.
Confidentiality. For purposes of this subdivision, any identifying information collected by runaway and homeless youth services and the department shall only be used, disclosed, and retained for the purposes set forth in this section, in accordance with applicable federal, state, and local laws, regulations, and city and agency policies relating to the privacy and confidentiality of such information. “Identifying information” has the same meaning as set forth in section 23-1201. Information received by runaway and homeless youth services and the department shall be submitted anonymously, and such information shall be maintained on an anonymous basis to the extent permitted or required by law.
Chapter 5: Department of Employment Transitional Jobs Program*
§ 21-501 Definitions.*
Whenever used in this chapter the following words shall have the following meanings:
“Affiliated organization” shall mean a local government agency or community-based organization that is affiliated with a sponsoring organization and employs certified individuals.
“Case management” shall mean the provision and coordination of services to participants to ensure their success in the transitional jobs program, and enhance their chances of securing permanent employment after their participation in such program. Such services shall include, but shall not be limited to, providing education and training, career counseling, and childcare. Such services shall also include assisting participants in obtaining all federal, state and local government benefits that they are otherwise entitled to, including, but not limited to, child care expenses, training-related expenses, food stamps, and medicaid or transitional medicaid.
“Certified individual” shall mean an individual certified by the commissioner to participate in the transitional jobs program.
“Commissioner” shall mean the commissioner of the department of employment or the commissioner or head of any other department or agency that the mayor designates to administer the transitional jobs program.
“Community-based organization” shall mean a non-profit organization providing services to, or operating for the benefit of, a particular community. Community-based organizations may also include a trade union that offers apprenticeship or pre-apprenticeship programs.
“Department” shall mean the department of employment, or any other department or agency that the mayor designates to administer the transitional jobs program.
“Participant” shall mean an individual employed by a sponsoring or affiliated organization in the transitional jobs program following eligibility determination and certification by the commissioner.
“Sponsoring organization” shall mean a local government agency or community-based organization selected by the commissioner to employ or facilitate the employment of certified individuals, and to provide case management to participants, provided, however, that nothing shall preclude a sponsoring organization from being a public, non-profit corporation created pursuant to applicable New York state law.
“Transitional jobs program” shall mean a program designed to create temporary employment in the public sector and in community-based organizations, and to provide the participants of such program with education and training, career counseling, and related services, to enhance their ability to secure permanent employment after their participation in such program.
§ 21-502 Transitional jobs program.*
The mayor shall direct the commissioner to establish a transitional jobs program, which shall consist of a total of two thousand five hundred temporary jobs in the public sector and in community-based organizations, at least two-thirds of which shall be created within local government agencies in the public sector. Such total number of two thousand five hundred temporary jobs shall exist for a period of thirty-six months, commencing on January first, two thousand one; provided, however, that each participant in the transitional jobs program shall only be employed by a sponsoring or affiliated organization for a period not to exceed twelve months, and that each specific job created pursuant to the transitional jobs program shall be retained for at least twelve months. An initial group of two thousand five hundred participants shall commence employment on January first, two thousand one. A second group of two thousand five hundred participants shall commence employment on January first, two thousand two, and a final group of two thousand five hundred participants shall commence employment on January first, two thousand three.
The jobs created in local government agencies pursuant to this chapter shall, consistent with applicable collective bargaining laws and agreements, be accreted to appropriate existing collective bargaining units.
In implementing the transitional jobs program, the mayor shall direct the commissioner to select which local government agencies shall be sponsoring organizations. In making such determination, the commissioner may work in cooperation with the commissioners of other local government agencies and may, consistent with obligations under collective bargaining laws and agreements, consult with the heads of collective bargaining organizations, and may consider each prospective agency’s prior experience hiring welfare recipients and the unemployed, its prior experience assisting such individuals in finding jobs, its prior experience providing education and training, career counseling, and related services to its employees, its plans to address or fulfill the needs of communities throughout the city of New York, its plans to employ or facilitate the employment of certified individuals, its plans to provide case management to participants, and its plans to assist in the permanent placement of participants following their participation in the transitional jobs program.
In meeting the goal of placing participants in community based organizations pursuant to this chapter, the mayor may direct the commissioner to issue a request for proposals or to utilize any other procurement method that he or she deems necessary to select community-based organizations to become sponsoring organizations. To determine which community-based organizations shall become sponsoring organizations, the commissioner may consider an organization’s prior experience hiring welfare recipients and the unemployed, its prior experience assisting such individuals in finding jobs, its prior experience providing education and training, career counseling, and related services to its employees, its plans to address or fulfill the needs of communities throughout the city of New York, its plans to employ or facilitate the employment of certified individuals, its plans to provide case management to participants, and its plans to assist in the permanent placement of participants following their participation in the transitional jobs program. Where the employees of a community-based organization that has been selected to become a sponsoring or affiliated organization are members of a collective bargaining unit, such collective bargaining unit shall, consistent with applicable collective bargaining laws and agreements, have the opportunity to comment on such selection. The commissioner shall respond to such comments within fifteen days of their receipt.
Each sponsoring or affiliated organization may employ any certified individual, and employment with a sponsoring or affiliated organization shall be for a period not to exceed twelve months.
The sponsoring organizations shall provide each participant with the necessary case management to enable the participant to succeed in the transitional jobs program, build his or her job skills, and enhance his or her chances of securing permanent employment after participating in the transitional jobs program.
§ 21-503 Powers and duties of the commissioner.*
Except as otherwise provided by law, the commissioner shall have the power and it shall be the commissioner’s duty to perform the following functions and duties relating to the transitional jobs program:
To ensure that at least sixty percent of all participants were receiving family assistance at the time of their certification, and that at least forty percent of all participants were either receiving safety net assistance, were unemployed for at least six months or had exhausted their unemployment insurance at the time of their certification. The commissioner shall also ensure that at least fifty percent of all participants faced serious barriers to employment or were participating in the work experience program at the time of their certification. Serious barriers to employment shall include, but not be limited to, a lack of basic work-related skills, a high school diploma or English proficiency. In addition, any person who is either a teen parent, a former substance user, disabled, homeless or a victim of domestic violence, or any person who has a criminal record, HIV/AIDS or an HIV/AIDS-related illness or any other life-threatening illness shall be presumed to face serious barriers to employment;
To establish an application procedure for those individuals seeking to participate in the transitional jobs program;
To request that community-based organizations and all local government agencies, including private industry councils, social services intake centers and unemployment offices, publicize the existence of the transitional jobs program to those individuals who may be eligible to participate in such program;
To notify recipients of family assistance and safety net assistance of their right to apply for participation in the transitional jobs program;
To certify eligible individuals for participation in the transitional jobs program, to promptly notify such certified individuals of their certification in writing, and to establish a list of all certified individuals for use by the sponsoring organizations;
To develop an assessment formula to evaluate the job skills, the prior work and educational experience and the case management needs of each certified individual, and to provide such information to the appropriate sponsoring organization;
To ensure that the sponsoring organizations provide each participant with the necessary case management to help the participant to succeed in the transitional jobs program, build his or her job skills, and enhance his or her chances of securing permanent employment after participating in the transitional jobs program;
To ensure that participants are informed of their eligibility to receive state and federal earned income tax credit and are offered assistance in applying for advance payment of such credit;
To ensure that each community-based organization is in compliance with section 21-505(g) of this chapter, and to further ensure that a community-based organization that submits false information under section 21-505(g) of this chapter shall not be permitted to be a sponsoring or affiliated organization in the transitional jobs program; and
To ensure that the powers and duties of the commissioner as set forth in this section are carried out by public employees.
§ 21-504 Eligibility criteria.*
A certified individual must be eighteen years of age or older and must either (i) be receiving family assistance or safety net assistance; (ii) have lost his or her aid to families with dependent children, home relief, family assistance or safety net assistance as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 or state implementing law; or (iii) have been unemployed for a period of at least six months or have either been denied unemployment insurance or exhausted his or her unemployment insurance benefits.
§ 21-505 Duties of the sponsoring and affiliated organization.
The sponsoring organization shall create positions for participants that are comparable to the positions of other employees in such organization. In creating such positions, the sponsoring organization shall consider the responsibilities associated with a particular position and the participant’s training and prior work experience.
In those cases where the sponsoring organization is unable to provide a certified individual with an appropriate position, such sponsoring organization shall facilitate employment with an affiliated organization in a position comparable to the positions of other employees in such affiliated organization. In providing such a position, the affiliated organization shall consider the responsibility associated with a particular position and such certified individual’s training and work experience.
The sponsoring organization shall provide case management to participants employed by such organization or by such organization’s affiliated organization. The affiliated organization shall not be responsible for providing case management to the participant.
Neither a sponsoring nor an affiliated organization may place a certified individual in a position with a for-profit employer.
A community-based organization that is a trade union may only place certified individuals in apprenticeship and pre-apprenticeship programs that are offered by such trade unions.
A community-based organization shall certify to the commissioner that such organization has not, in the past five years, been convicted of a felony or a misdemeanor the underlying basis of which involved workplace safety and health or labor standards. Such community-based organization shall also certify to the commissioner as to all violations issued by the New York state department of labor. A community-based organization that submits false information under this subdivision shall not be permitted to be a sponsoring or affiliated organization in the transitional jobs program.
§ 21-506 Participants.
Participation in the transitional jobs program shall be for a period not to exceed twelve months.
A participant who is not a member of a collective bargaining unit shall receive a salary of not less than fifty percent of the Lower Living Standard Income Level (LLSIL), as established annually by the United States department of labor and adjusted by the New York state department of labor for the New York city area using the New York city area LLSIL hourly rate based on a thirty-hour workweek in full-year employment for a family of three. Notwithstanding such minimum salary requirement, a participant may not be compensated at a rate of pay that is less than that of other employees of the sponsoring or affiliated organization employing such participant, who are performing the same or comparable work.
A participant who is not a member of a collective bargaining unit shall be entitled to the same paid holidays and benefits permissible by law as other employees of the sponsoring or affiliated organization employing such participant, who are performing the same or comparable work.
A participant who is a member of a collective bargaining unit shall, consistent with collective bargaining laws and agreements, receive, at a minimum, the salary and benefits provided for in subdivisions b, c and e of this section, provided however, that such subdivisions shall not be construed to limit the collective bargaining unit’s right to negotiate more favorable wages and/or any other terms and conditions of employment.
A participant shall work the standard work hours required by the sponsoring or affiliated organization which employs such participant, except that in no instance shall a participant be required to work more than forty hours per week. A participant shall be excused, when necessary, for up to an average of eight hours per week from their scheduled work hours to participate in adult education, job training, and job readiness or placement services. The sponsoring organization shall prepare the participant’s work schedule and may allocate additional hours during any work week to be spent on adult education, job training, and job readiness or placement services, so long as over the course of the participant’s employment, no more than an average of eight hours per week is allocated to these activities. A participant shall be compensated as set forth in subdivision b of this section when such participant engages in adult education, job training, or job readiness and placement services as provided for in this subdivision.
A participant shall be considered an employee for purposes of the city’s human rights and collective bargaining laws and any other applicable local laws, unless otherwise prohibited by law; provided, however, that nothing herein shall limit the participant’s rights under any applicable federal or state law. In implementing the transitional jobs program, the mayor or his or her designee, shall take any necessary and/or appropriate actions to classify participants employed by local government agencies in accordance with all applicable civil service laws and consistent with the purposes of this chapter.
§ 21-507 Grievance procedure.
The commissioner shall establish and maintain a grievance procedure for the filing and resolution of complaints by participants who are not members of a collective bargaining unit. Such grievance procedure shall provide for a hearing within twenty business days after the filing of a participant’s complaint. The commissioner shall notify the participant of the date, time, and place of the hearing within five business days after the filing of such complaint. The commissioner may attempt to informally resolve any complaint prior to the hearing, but any such attempt shall not delay the date of the hearing, unless a participant specifically consents in writing to a postponement of such hearing. A written decision shall be issued within ten business days after the hearing. Nothing in this section shall be construed to limit the right of any participant, including a participant who is a member of a collective bargaining unit or a participant represented by a designated employee spokesperson, from pursuing other available remedies under any applicable collective bargaining agreement, or any federal, state or local law.
§ 21-508 Reports to the mayor and city council.
On April first of the years two thousand two, two thousand three, and two thousand four, the commissioner shall issue a report to the mayor and the city council evaluating the program. The report shall include, but not be limited to:
The name and description of each sponsoring and affiliated organization, and a summary of each organization’s accomplishments;
The total number of certified individuals and participants in the transitional jobs program;
An analysis of the impact of the transitional jobs program on the permanent workforce within each sponsoring or affiliated organization, including, but not limited to, a change in the number of non-participant employees, the number of hours worked by non-participant employees, the amount of overtime required of non-participant employees, the number of promotions awarded to non-participant employees and the amount of wages earned by non-participant employees;
The average length of time a participant is employed;
A summary of the education and training, career counseling and related services provided to participants;
The number and percentage of participants who were able to secure permanent employment after their participation in the transitional jobs program, and their wage and benefit levels;
The estimated dollar value of the jobs created by the transitional jobs program;
The estimated local economic impact of the jobs created by the transitional jobs program;
The estimated savings by federal, state and local governments as a result of reductions in social services and public assistance benefits that would otherwise have been provided to a participant and his or her family were it not for his or her participation in the transitional jobs program;
The estimated tax revenues received by federal, state and local governments from participants;
The estimated state and federal earned income tax credit received by participants;
An analysis of the impact of the transitional jobs program on the overall welfare of participants and their families;
The amount of funds appropriated and expended on the administration of the transitional jobs program; and
Whether the transitional jobs program has met the criteria established by the United States health and human services department for participation in the welfare bonus program in order to receive bonus funding available to selected states that successfully place welfare recipients in jobs as provided for by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
§ 21-509 Displacement of employees.
A certified individual may be employed by a sponsoring or affiliated organization only if:
such employment would not result in (i) the displacement of any currently employed worker or the loss of a position (including partial displacement such as reduction in the hours of non-overtime work, wages or employment benefits) or the impairment of existing contracts for services or collective bargaining agreements; (ii) any infringement of the promotional opportunities of any current employees; (iii) the performance, by such certified individual, of a substantial portion of the work ordinarily and actually performed by regular employees; or (iv) the loss of a bargaining unit position as a result of a participant performing, in part or in whole, the work normally performed by a regular employee;
such employment is not at any work site at which regular employees are on a legal strike or are being subjected to lock out by the sponsoring or affiliated organization;
no other regular employee is available for reinstatement, recall or reemployment following an approved leave of absence, furlough, layoff or suspension from the same or substantially equivalent job; or
the sponsoring or affiliated organization has not terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the vacancy or vacancies so created with certified individuals.
Community-based organizations who are awarded contracts to become a sponsoring organization shall at the time of award provide written notification to its employees’ collective bargaining representatives, if any, regarding such plan. The notice shall include, at a minimum, the participants’ expected work locations, job duties, approximate salaries, and the approximate number of hours to be worked.
Local government agencies planning to enter into an agreement with the department to become a sponsoring organization shall provide written notification to its employees’ collective bargaining representatives, if any, regarding such plan. The notice shall include, at a minimum, the participants’ expected work locations, job duties, approximate salaries, and the approximate number of hours to be worked.
§ 21-510 Rules.
The commissioner shall make and promulgate such rules and regulations as are necessary to carry out the provisions of this chapter.
§ 21-511 Severability.
If any section, subsection, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.
Chapter 7: Education and Training For Public Assistance Recipients
§ 21-701 Definitions.
When used in this chapter, the following words have the following meanings:
“Agency” means the city agency responsible for administering programs created under title 9-B of article five of the social services law.
“Applicant” means an individual who has submitted an application for safety net assistance, family assistance or food stamps.
“Approved program” means education, training and/or vocational rehabilitation that is provided by an entity that is licensed, certified or otherwise approved by the city or state government to provide such education, training and/or vocational rehabilitation; or is funded to provide training or education services through Title I and/or Title II of the Workforce Investment Act; or is included on the Consolidated Master List of Approved Training Programs.
“Assessment” has the same meaning as set forth in sections 335 and 335-a of the social services law.
“Assessment period” means the 90-day period of time after an individual is found to be eligible for public assistance within which the agency must complete the assessment.
“Basic literacy” means a literacy level equivalent to the ninth month of the eighth grade and English language proficiency.
“Course hours” means all hours included in the curriculum of an approved program, including classroom hours, lab time, and supervised or structured study time.
“Consolidated master list of approved training programs” means the list of education and training providers maintained by the agency that have been approved pursuant to section 3-03 of title 68 of the rules of the city of New York.
“Countable work activities” means any activity or combination of activities listed under section 336 of the social services law, the participation in which counts toward the satisfaction of the New York social service district’s requirements to meet federal and state participation rates as set forth in sections 335-b and 336 of the social services law.
“Effective participation rate” means the rate of participation in work activities necessary to satisfy the minimum participation required by state and federal law for recipients of public assistance.
“Employability plan” shall have the same meaning as set forth in sections 335 and 335-a of the social services law.
“English language proficiency” means scoring above fifty on the New York State Placement Test (NYS PLACE) or achieving an equivalent score on a comparable test.
“Opportunity to enroll in an approved program or programs” means permitting an applicant, recipient or participant to attend all activities required to participate in the program, including orientation and registration.
“Parental study credit” is a number of hours that will be applied toward the countable work activity of an applicant, recipient or participant who is the parent or guardian of at least one dependent child or children under the age of six for the first twenty-four months of participation in an approved program, other than a post-secondary 2- or 4-year degree program, in which the curriculum does not include lab time or supervised or structured study time. Such hours will be calculated by multiplying the number of course hours in the applicant, recipient or participant’s program by .5.
“Participant” means an applicant or recipient for whom the agency has completed an assessment or employability plan, or whom the agency has assigned to any work activity.
“Program credit” means the number of hours applied toward the applicant, recipient or participant’s countable work activity as a result of participation in an approved program. Such hours equal the greater of:
the sum of the parental study credit and the number of classroom hours in the approved program; or
the number of weekly course hours in the approved program.
“Qualifying year” means a City fiscal year during which all of the following conditions are met:
federal and state law provide for a caseload reduction credit;
in the last two fiscal years for which published data is available, New York State exceeded the effective participation rate by at least 10%; 3. New York City’s public assistance caseload has not increased by more than 25% over the last six months for which reported numbers are available.
“Recipient” means an individual currently receiving safety net assistance, family assistance or food stamps.
“Satisfactory progress” means:
maintaining a minimum grade point average of 2.0 or its equivalent; or
making satisfactory educational progress reasonably calculated to achieve the standards of the educational program, for any individual enrolled in any program not included in paragraph 1 of this subdivision.
“Search period” means the fifteen business day period before the assessment that begins when an applicant or recipient expresses an interest in education, training or vocational rehabilitation.
“Undue hardship exemption” means an exemption from the requirement to make satisfactory progress in an approved program granted by the agency based on:
the death of a relative of the student;
the personal injury or illness of the student; or
other extenuating circumstances
§ 21-702 Assessments, employability plans and reassessments.
During a period of no more than 45 days within the assessment period, the agency shall conduct and complete an assessment of employability and shall develop a written employability plan, pursuant to sections 335 and 335-a of the social services law, for each applicant or recipient, provided that the agency is not required to complete an assessment for applicants for and recipients of food stamps only who are already engaged in unsubsidized employment. Prior to the assessment, the agency may not assign an individual to any work activity. During the assessment, the agency may not assign an individual to any work activity, except for job search activity.
The agency shall provide each participant with a copy of such participant’s employability plan upon completion of such employability plan.
If an applicant who expresses an interest in or preference for participating in training or education is found not to be eligible for training and education as set forth in section 21-703, the reasons shall be specified in the employability plan.
The agency will conduct a reassessment of employability for a participant who expresses an interest in discontinuing a work activity to which that individual has been assigned and enrolling in an education or training program if the participant has been engaged in the work activity for six months or more, or the participant’s assignment to a work activity ends and the agency seeks to reassign the participant to another work activity.
§ 21-703 Assignment of individuals engaged in or expressing an interest in engaging in education and training and/or vocational rehabilitation activities to other work activities.
If an applicant, recipient or participant is enrolled in an approved program, then the agency shall permit such applicant, recipient or participant to participate in such approved program provided such approved program can be classified as a countable work activity.
If an applicant, recipient or participant who is eligible for education or training as set forth in subdivision c of this section expresses an intention or preference to the agency to enroll in education, training or vocational rehabilitation, or if an applicant’s, recipient’s or participant’s assessment indicates that he or she lacks basic literacy, a secondary school diploma, or a general equivalency diploma (GED) or otherwise indicates that education, training or vocational rehabilitation would enhance the individual’s ability to obtain and maintain employment, then the agency shall offer such applicant, recipient or participant the opportunity to enroll in an approved program or programs, provided that such approved program or programs can be classified as countable work activities.
Eligibility for education or training:
An applicant, recipient or participant is eligible to participate in a post-secondary two- or four-year college program if s/he has:
(a) been accepted to attend a two- or four-year college program; and
(b) not yet received a degree from a four-year college.
An applicant, recipient or participant is eligible to participate in adult basic education if s/he has not attained basic literacy.
An applicant, recipient or participant is eligible to participate in English for Speakers of Other Languages (ESOL) if s/he does not have English language proficiency.
An applicant, recipient or participant is eligible to participate in a GED program if s/he has attained basic literacy but has not received a secondary school diploma.
An applicant, recipient or participant is eligible to participate in a vocational education program if s/he:
(a) has been accepted into the program;
(b) has not yet completed a program teaching the same set of skills offered by the program by which s/he has been accepted;
(c) has not commenced participation in an unrelated vocational education course within the last 90 days;
(d) has not enrolled in and failed a vocational education course three times during the time s/he has received public assistance; and
(e) has not for 24 months or more during the time the individual has received public assistance attended a vocational education program or combination of vocational education programs that included more than 15 course hours per week.
An applicant, recipient or participant who is not eligible for education or training as set forth in paragraphs 1 through 5 of this subdivision may attend an education or training program with agency approval. In deciding whether to grant an individual approval to attend an education or training program under this paragraph, the agency shall consider extenuating circumstances that have affected the individual’s eligibility as set forth in paragraphs 1 through 5 of this subdivision.
During the search period, the agency may not assign an applicant or recipient to any activities.
The agency shall classify education, training and vocational rehabilitation activities as countable work activities to the maximum extent permitted by state and federal law. Activities which shall be classified as both “on-the-job training” and “community service” in the New York City Social Services District Welfare to Work Plan that is required pursuant to section 333 of the social services law shall include but not be limited to: internships and externships related to the curriculum of a non-graduate student enrolled in an approved post-secondary institution; GED instruction; Adult Basic Education; ESOL; vocationally-oriented training and education programs; and activities engaged in pursuant to an individualized plan of employment as designed by the New York state department of education, office of vocational and educational services for individuals with disabilities (VESID). If the New York state department of labor does not permit the classification of any of the above-listed activities as “on-the-job training,” then the agency shall classify the disallowed activity or activities as only “community service”. Work-study shall be classified as “unsubsidized employment” in the New York City Social Services District Welfare to Work Plan that is required pursuant to section 333 of the social services law.
Credit for Participation. An applicant, recipient or participant who is making satisfactory progress in an approved program or has an undue hardship exemption shall receive program credit for such participation.
When assigning an applicant, recipient or participant who is engaged in an educational, training or vocational rehabilitation activity to any additional activity, the agency shall take all reasonable steps to locate an assignment that is either at the site of the educational, training or vocational rehabilitation activity or in reasonably close proximity thereto and which does not conflict with the hours during which such individual’s educational, training and vocational rehabilitation activity takes place.
The agency shall not require any applicant, recipient or participant who is enrolled at least half-time at CUNY, SUNY, or at any other post-secondary degree-granting educational program or who is participating in any approved program that can be classified as a countable work activity to participate in any other activity for more than 35 hours or the minimum number of hours necessary to count such applicant, recipient or participant as “engaged in work” for purposes of calculating the city’s work participation rates as set forth in sections 335-b and 336 of the social services law, whichever is greater.
Postsecondary Education: 2- and 4-year degree programs.
In every qualifying year, an applicant, recipient or participant may enroll in a postsecondary 2- or 4-year degree program if the individual engages in a combination of educational activities in connection with a course of study time, training, employment, study, or work experience for an average of no less than 35 hours or the minimum number of hours per week that sections 335-b and 336 of the social services law would require for an applicant, participant or recipient to be “engaged in work,” whichever is greater.
During the period an individual participates in a postsecondary 2- or 4-year degree program under this subdivision, the individual must make satisfactory progress in the program or have an undue hardship exemption.
For purposes of determining hours per week under subparagraph 1 of this subdivision, an applicant, recipient or participant who is a parent or guardian of a dependent child will receive one hour of study time for every hour of class time during the first 24 months of participation in the postsecondary degree program.
Individuals engaging in activities pursuant to this subdivision shall be deemed to be participating in activities pursuant to Title 9-b of the social services law and shall be eligible for supportive services pursuant to section 332-a of the social services law.
An individual engaged in, or accepted to engage in, activities pursuant to an individualized plan of employment (IPE) as designed by the New York state department of education, office of vocational and educational services for individuals with disabilities (VESID), shall be considered work limited pursuant to section 332-b(3) of the social services law upon submission to the agency of the IPE and supporting medical documentation. In such cases, the IPE shall be considered to be a part of the individual’s treatment plan pursuant to section 335-b(5)(e) of the social services law.
§ 21-704 Notice of rights and responsibilities.
The agency shall inform applicants, recipients and participants of all rights, entitlements and agency obligations required under this chapter.
Any notice directing an applicant, recipient or participant to report for an assessment, the development of an employability plan, or a work-related assignment, shall contain a description of the rights to pursue education and training activities as set forth in this chapter, and shall contain the following statement:
“Your Education and Training Rights When you come for your appointment, we will tell you about your rights to participate in education and training programs. The hours you spend in education and training programs may count toward your work requirement. A Master List of Programs You have a right to receive the complete “HRA Consolidated Master List of Approved Training Programs.” This is a list of education and training programs you can choose to go to. Hours spent in any program on that list will count toward your work requirement. Other Choices for Training and Education You can also go to education or training programs that are not on the Consolidated Master List. However, those programs must meet appropriate City or State standards. Time To Find the Right Program for You If you need to participate in an education or training program in order to improve your chances of getting a job, we must give you 15 business days before your assessment, upon your request, to find an appropriate education or training program. If You Are Already In an Education or Training Program If you are already in school we must allow you to remain in your program as long as your program appears on the “HRA Consolidated Master List of Approved Training Programs” or meets the City or State standards mentioned above. Reassessment If you are dissatisfied with the work activity to which you have been assigned for six months or more and you believe that you are eligible to attend education or training, you should request a reassessment of your employability. If you are found to be eligible to attend a training or education program, you can switch into an education or training program. Again, your choice must appear on the “HRA Consolidated Master List of Approved Training Programs” or meet appropriate City or State standards. If you are already in a work activity, you do not have a 15 business day period to find an education or training program. In this case, you must continue in your work activity while you look for an education or training program. Your Right to a Fair Hearing The agency must give you a copy of your employability plan. You have a right to a fair hearing to challenge your assignment.”
§ 21-705 Submission of plan to state department of labor.
To the extent that provisions of this chapter are subject to the approval of the state department of labor, the agency shall include such provisions in the city’s biennial plan to the state department of labor in accordance with section 333 of the social services law. In the event the local law that added this chapter becomes effective during the operation of a biennial plan, then the agency shall submit a modified plan to the state department of labor pursuant to title 12, section 1300.00 of the New York codes, rules and regulations within thirty days of enactment of the local law that added this chapter.
§ 21-706 Severability.
If any provision of this chapter, or the local law that added this chapter, or of any amendments thereto, shall be held invalid or ineffective in whole or in part or inapplicable to any person or situation, such holding shall not affect, impair or invalidate the remainder of this chapter or the local law that added this chapter, and all other provisions thereof shall nevertheless be separately and fully effective and the application of any such provision to other persons or situations shall not be affected.
Chapter 8: Day Laborer Job Centers
§ 21-801 Temporary Commission on Day Laborer Job Centers.
There is hereby established a temporary advisory commission on immigrant day laborer job centers (the “Commission”), which shall examine the feasibility of fostering public/private partnerships to develop and implement job centers for day laborers.
The Commission shall consist of 20 members, at least 12 of whom shall be immigrant day laborers or representatives of groups with experience working on issues affecting immigrant day laborers. The mayor shall appoint six of these members, at least three of whom shall be immigrant day laborers, and the speaker of the city council shall appoint six of these members, at least four of whom shall be immigrant day laborers. The mayor shall appoint four of the remaining members of the Commission, who shall include the commissioner of the mayor’s office on immigrant affairs, the commissioner of the department for small business services and the commissioner of the new york city police department, or their designees. The speaker of the city council shall appoint four of the remaining members. The Commission shall be chaired by the commissioner for the mayor’s office of immigrant affairs or a designee. The Commission shall include at least one person with experience in academic research regarding immigrant day labor.
The members of the Commission shall be appointed within forty-five days of the effective date of this section and shall serve without compensation, except that each member shall be allowed actual and necessary expenses to be audited in the same manner as other city charges. Any member of the Commission may be removed from the Commission by the appointing official for cause. Any vacancy occurring by removal or for any other reason shall be filled by the appointing official in the same manner as the original appointment. The terms of members of the Commission shall expire one month after the Commission submits the report required by subdivision h of this section.
Membership on the Commission shall not constitute the holding of a public office and members of the Commission shall not be required to take and file oaths of office before serving on the Commission.
No person shall be ineligible for membership on the Commission because such person holds any public office, employment or trust, nor shall any person be made ineligible for or forfeit such person’s right to any public office, employment or trust by reason of such appointment.
The Commission may ask the mayor’s office on immigrant affairs to provide staff assistance to the Commission in all matters under the Commission’s jurisdiction.
The Commission may request and may receive information from any agency as may be necessary to carry out the provisions of this chapter, in accordance with applicable laws, rules and regulations, including, but not limited to, the exceptions to disclosure of agency records contained in the public officers law. Nothing in this chapter shall be construed as limiting any right or obligation of agencies pursuant to the public officers law, including the exceptions to disclosure of agency records contained in such law, with respect to access to or disclosure of records or portions thereof. The commission also may request from any private organization providing services to immigrant day laborers information necessary to carry out the provisions of this chapter.
No later than nine months from the effective date of the local law that added this chapter, the Commission shall submit to the Mayor and the Speaker of the Council a report containing the findings and recommendations of the Commission.
Chapter 9: Children’s Services
§ 21-901 Definitions.
Whenever used in this chapter, the terms set forth below are defined as follows:
“Abused child” means a child or youth who has been subjected to “physical abuse,” “sexual abuse” and/or “psychological abuse” as defined in section four hundred eighty-eight of the New York state social services law while in the custody of ACS.
“ACS” means the administration for children’s services, or any successor agency charged with operating the city’s child welfare system.
“Bias-based incidents” means incidents, including fights or altercations between a child and another child or staff, that arose in whole or in part due to a child’s perceived or actual sexual orientation, gender expression or gender identity, as reported by such child.
“Case worker” means a diagnostic child protective specialist assigned to a zone.
“Child” means “youth” as defined in this section.
“Commissioner” means the commissioner of ACS.
“Detention” means the temporary care and maintenance of youth held:
away from their homes pursuant to article three or seven of the family court act; or
pending a hearing for an alleged violation of the conditions of release from the New York state office of children and family services or ACS facility or authorized agency; or
pending a hearing for an alleged violation of a condition of parole as a juvenile offender; or
pending a return to a jurisdiction other than the one in which the youth is held; or
pursuant to a securing order of a criminal court if the youth named therein as principal is charged as a juvenile offender; or
pending a hearing on an extension of placement; or
pending transfer to a facility upon commitment or placement by a court.
“Detention facility” means a facility, certified by the New York state office of children and family services, for the care of youth detained in accordance with the provisions of the family court act, regulations of the New York state office of children and family services, and the criminal procedure law.
“Entry order” means an order entered pursuant to subdivision two of section ten hundred thirty-four of the family court act to enter specific premises where there is probable cause to believe an abused or neglected child may be found.
“Fiscal year” means the fiscal year for the city of New York.
“IRT investigation” means an instant response team investigation conducted pursuant to the Administration for Children’s Services and Law Enforcement Instant Response Teams Protocol dated February 1998 or any protocol hereafter promulgated that sets forth guidelines for the use of interdisciplinary    instant response teams.
“Limited secure placement facility” means a placement facility characterized by physically restricting construction, hardware and procedures which are less restrictive than the construction, hardware and procedures of a secure placement facility.
“Mechanical restraint” means the use of a mechanical device to restrict the movement or normal function of a portion of a child’s body, including but not limited to, handcuffs, leg cuffs, daisy chains or waist restraint.
“Neglected child” means a child or youth who has been subjected to neglect as defined in section four hundred eighty-eight of the New York state social services law while in the custody of ACS. “Non-secure detention or placement facility” means a detention or placement facility characterized by the absence of physically restricting construction, hardware and procedures.
“Physical injury or impairment” means any confirmed harm, hurt or damage resulting in a significant worsening or diminution of a child’s physical condition.
“Physical restraint” means the use of bodily force to limit a child’s freedom of movement during a physical confrontation or to prevent a confrontation.
“Placement” means the temporary care and maintenance of adjudicated youth held away from their homes pursuant to article three of the family court act.
“Placement facility” means a facility, certified by the New York state office of children and family services, for the care of youth placed in accordance with the provisions of the family court act and the regulations of the New York state office of children and family services.
“Room confinement” means the confinement of a child in a room, including but not limited to the child’s own room, when locked or when the child is authoritatively told not to leave.
“Secure detention or placement facility” means a detention or placement facility characterized by physically restricting construction, hardware and procedures.
“Youth” means a person who resides in a juvenile detention or placement facility in the custody of ACS.
“Zone” means one of no fewer than 13 divisions of ACS child protective services headed by a deputy director who exercises oversight over the work of child protective managers, supervisors and child protective specialists in a specific geographic area, or the Office of Confidential Investigations.
Beginning no later than July 31, 2006 and no later than the last day of the month following each calendar quarter thereafter, ACS will furnish to the speaker of the city council a report regarding New York City’s child welfare system that includes, at a minimum, the following information:
Child protective services. The following information regarding child protective services shall be included in the quarterly report, disaggregated by zone:
a. number of case workers employed and number of vacancies in case work staff at the end of the reporting period;
b. experience of case workers, broken down by years of experience in New York City’s child welfare system as follows: 1-3 years of experience; 3-5 years of experience; 5-7 years of experience; 7-9 years of experience; 9 or more years of experience;
c. average caseload of case workers;
d. number of case workers with a caseload of more than 15 cases;
e. number of level one supervisors;
f. experience of level one supervisors, broken down by years of experience in New York City’s child welfare system as follows: number with 1-5 years of experience; 5-10 years of experience; 10-15 years of experience; 15-20 years of experience; 20 or more years of experience;
g. number of level two supervisors;
h. experience of level two supervisors, broken down by years of experience in New York City’s child welfare system as follows: number with 1-5 years of experience; 5-10 years of experience; 10-15 years of experience; 15-20 years of experience; 20 or more years of experience;
i. number of child protective managers;
j. experience of child protective managers, broken down by years of experience in New York City’s child welfare system as follows: number with 1-5 years of experience; 5-10 years of experience; 10-15 years of experience; 15-20 years of experience; 20 or more years of experience;
k. number of reports of suspected child abuse or neglect referred to the zone for investigation, disaggregated by the type of case;
l. number of reports of suspected child abuse or neglect referred to the zone for investigation that were indicated during the reporting period, disaggregated by the type of case and whether the case was referred to preventive services, court mandated services, foster care placement or closed;
m. number of unfounded cases, disaggregated by whether or not the case was referred to preventive services;
n. number of investigations that resulted in closure without referral to preventive services, disaggregated by the type of case and whether the case was indicated or unfounded and the reason for closure;
o. number of reports of suspected child abuse or neglect referred to the zone that involved a family with respect to which ACS had received at least one prior report of suspected abuse or neglect within the past 24 months, disaggregated by the type of case;
p. number of reports of suspected child abuse or neglect referred to the zone that involved a family that had at least one child previously in the foster care system, disaggregated by the type of case;
q. number of reports of suspected child abuse or neglect referred to protective services for which protective services conducted a 72-hour case conference, disaggregated by the type of case;
r. number of reports of suspected child abuse or neglect referred to protective services for which an elevated risk conference was held, disaggregated by the type of case;
s. number of IRT investigations commenced; and
t. number of entry orders sought and number of entry orders obtained.
Family Reunification. The following information regarding family reunification shall be provided in the quarterly report:
a. number of families reunited from foster care during the reporting period, disaggregated by zone and by length of stay in foster care in six month intervals;
b. of all families reunited during the reporting period, the number of families receiving aftercare services, disaggregated by zone and by the type of services being received; and
c. number of children who entered foster care during the reporting period who had been in the custody of the child welfare system within the thirty-six months immediately preceding the reporting period, disaggregated by zone.
ACS may use preliminary data to prepare the report required by this chapter to be delivered no later than July 31, 2006 and may include an acknowledgement that any preliminary data used in the report is non-final and subject to change.
§ 21-902.1 Youth and foster care.
Definitions. For the purposes of this section, the following terms shall have the following meanings:
Absent without leave. The term “absent without leave” means a child who has been placed by an authorized agency in foster care in a certified foster boarding home, an approved relative foster home, or a licensed foster care facility, and who is absent without the consent of the person(s) or facility in whose care the child has been placed or the consent of the case planner/caseworker at the facility in whose care the child has been placed for a minimum of three days.
ACS housing subsidy. The term “ACS housing subsidy” means the rent subsidies or assistance provided pursuant to section 409-a of the social services law.
Adult permanency resource. The term “adult permanency resource” means an adult who has been determined by a social services district to be an appropriate and acceptable resource for a youth and is committed to providing support, advice and guidance to the youth and to assist the youth as the youth makes the transition from foster care to responsible adulthood.
Adult residential care. The term “adult residential care” means an adult-care facility contracted by the office for persons with developmental disabilities or the office of mental health established and operated for the purposes of providing long-term residential care, room, board, housekeeping, case management, activities and supervision of five or more adults, unrelated to the operator, who are unable or substantially unable to live independently.
Age out. The term “age out” means the discharge of a person aged 18 years or older who has been discharged from care to self or adulthood attained.
Another planned permanent living arrangement (APPLA). The term “another planned permanent living arrangement (APPLA)” means a permanency planning goal to assist foster care youth in their transition to self-sufficiency by connecting the youth to an adult permanency resource, equipping the youth with life skills and, upon discharge, connecting the youth with any needed community and/or specialized services.
Concurrent plan. The term concurrent plan “concurrent plan” means a plan to help a child in foster care find a permanent, stable home that is being pursued as an alternative to, and simultaneously with, his or her primary plan to find a permanent, stable home.
Discharge checklist. The term “discharge checklist” is a form completed by the ACS contracted foster care agency in consultation with a young person leaving foster care that is intended to guide discussions about the youth’s plans after leaving care. The document is intended to develop and document a discharge plan that is youth-driven, is as detailed as the youth elects and enables the young person to address any outstanding topics prior to discharge.
Education and training voucher. The term “education and training voucher” means a current or successor federal program that provides resources specifically to meet the needs of youth aging out of foster care, through which eligible youth may receive funds to attend a post-secondary education or vocational training program.
Exception to policy. The term “exception to policy” means an approval from ACS for a foster care youth to remain living in their foster care placement.
Foster care youth. The term “foster care youth” means a person who was placed in an out-of-home placement with the ACS after the filing of a petition in family court pursuant to articles 3, 7, 10, 10a, 10b or 10c of the family court act or social services law sections 358a or 384b.
Housing assistance. The term “housing assistance” means any form of help designed to assist youth with finding and maintaining a place of residence including but not limited to ACS housing subsidy, rental assistance received from any other city agency, supportive housing, or any other assistance sufficient to obtain adequate housing, including exception to policy.
Independent living stipend. The term “independent living stipend” means the payment a youth receives to attend independent living skills formalized instruction including but not limited to supervised performance in job search, career counseling, finding an apartment or other place of residence, budgeting, shopping, cooking, and house cleaning skills.
Kinship guardians assistance program (KinGAP). The term “kinship guardianship assistance program (KinGAP)” means the permanency outcome for children in foster care who have been cared for by a relative for six consecutive months and for whom it has been determined that returning home or adoption are not viable options.
Permanent connection to a caring adult. The term “permanent connection to a caring adult” means finding an adult who is committed to providing support, advice and guidance to the youth and to assist the youth as the youth makes the transition from foster care to responsible adulthood.
Permanency planning goal. The term “permanency planning goal” means the goal for child permanency as designated in the child’s family assessment and service plan and approved by the family court.
Special immigrant juvenile status (SIJS). The term “special immigrant juvenile status (SIJS)” means legal immigration status that can be awarded by United States citizenship and immigration services to undocumented immigrant children, for whom family reunification with one or both parents is not a viable option and who have been found dependent upon the juvenile court, and that allows a child to apply for lawful permanent residency.
Supportive housing. The term “supportive housing” means housing that is for people with mental health needs or other special needs.
Test assessing secondary completion (TASC). The term “test assessing secondary completion (TASC)” means the New York state high school equivalency test which replaced the general education development examination as the primary pathway to a New York state high school equivalency diploma.
Trial discharge. The term “trial discharge” means that a child in foster care is no longer in the physical care of the social services district but remains in the legal custody of the social services district.
Vocational training. The term “vocational training” means instructional programs, including but not limited to marketable skills or trade or formal on-the-job training.
Annual reports regarding youth and foster care. Beginning no later than February 28, 2015 for the calendar year 2014 and every year thereafter, ACS shall furnish to the speaker of the council, the public advocate, and post on ACS’ website a report regarding youth in foster care. Such report shall include the following information disaggregated where available and indicated with an explanation where not available by gender, race and ethnicity:
Discharge outcomes of foster care youth. The following information regarding the discharge outcomes of youth in foster care shall be included in the annual report:
i. number and percentage of youth who have been adopted, disaggregated by age from 0 to 21 and over 21;
ii. number and percentage of youth who have been reunified with family, disaggregated by age from 0 to 21 and over 21;
iii. number and percentage of youth who are placed with family through KinGAP, disaggregated by age from 0 to 21 and over 21;
iv. number and percentage of youth who have aged out of care, disaggregated by age from 18 to 21, and over 21;
v. number and percentage of youth who left foster care with any other discharge outcome, including discharges to psychiatric institutions, correctional facilities, or unspecified destinations, disaggregated by age from 0 to 21 and over 21;
vi. number and percentage of youth who did not consent to remain in foster care past age 18 and for whom the court approved a discharge from foster care, disaggregated by age from 18 to 20; provided, however, that this information shall be included in such report only upon required New York state approval of the necessary changes to the discharge checklist, beginning with the report for the second calendar year following such approval;
vii. number and percentage of youth for whom an exception to policy to remain in foster care after age 21 was requested;
viii. number and percentage of youth who remained in foster care after age 21 under an exception to policy;
ix. number and percentage of youth who requested to return to foster care after not consenting to remain in care after age 18;
x. number and percentage of youth who returned to foster care after not consenting to remain in care after age 18.
xi. the number and percentage of youth who were absent without leave from foster care at discharge, disaggregated by age from 0 to 21, and over 21.
Youth currently in foster care. The following information regarding youth currently in foster care shall be included in the annual report:
i. the total number of youth in care disaggregated by age from 0 to 21 and over 21, and the number and percentage of youth who have a permanency planning goal of APPLA, including those who have concurrent plans, disaggregated by age as follows: 14-15; 16-17; 18-19; 20-21; over 21;
ii. number and percentage of youth for whom ACS paid an independent living stipend;
iii. number and percentage of youth who receive vocational training, disaggregated by age as follows: 14-15; 16-17; 18-19; 20-21; over 21;
iv. number and percentage of youth who may be eligible to petition for SIJS or other immigration relief, disaggregated by age as follows: 14-15; 16-17; 18-19; 20-21; over 21;
v. number and percentage of youth who have SIJS applications or other immigration applications pending, disaggregated by age as follows: 0-3; 4-6; 7-9; 10-12; 13-15; 16-18; 19-21;
vi. number and percentage of youth who have a permanent connection to a caring adult;
vii. number and percentage of youth who applied for housing assistance, disaggregated by the type of assistance as follows:
(a) NYCHA public housing;
(b) section 8 voucher;
(c) supportive housing;
(d) adult residential care;
(e) ACS housing subsidy;
(f) any other type of housing assistance, whether private, federal, state or city-subsidized or operated, including information specifying the specific subsidies or resources utilized;
viii. number and percentage of youth who have been found eligible for housing assistance, disaggregated by the type of assistance as follows:
(a) NYCHA public housing;
(b) section 8 voucher;
(c) supportive housing;
(d) adult residential care;
(e) ACS housing subsidy;
(f) any other type of housing assistance, whether private, federal, state or city-subsidized or operated, including information specifying the specific subsidies or resources utilized;
ix. number and percentage of youth who have been found ineligible for housing assistance, disaggregated by the type of assistances as follows:
(a) NYCHA public housing;
(b) section 8 voucher;
(c) supportive housing;
(d) adult residential care;
(e) ACS housing subsidy;
(f) any other type of housing assistance, whether private, federal, state or city-subsidized or operated, including information specifying the specific subsidies or resources utilized;
x. number and percentage of youth who are currently enrolled in high school, disaggregated by social education status and by age as follows: 14-15; 16-17; 18-19; 20-21; over 21;
xi. number and percentage of youth who are currently enrolled in a New York city department of education approved high school equivalency program, disaggregated by age as follows: 14-15; 16-17; 18-19; 20-21; over 21;
xii. number and percentage of youth who are currently enrolled in colleges, disaggregated by age as follows: under 18; 18-19; 20-21; over 21;
xiii. number and percentage of youth who are not enrolled in high school, a New York city department of education approved high school equivalency program, college or a vocational training program, disaggregated by age as follows: 14-15; 16-17; 18-19; 20-21; over 21;
xiv. number and percentage of youth who were absent without leave from foster care, disaggregated by age from 0 to 21, and over 21.
Youth who left foster care who were discharged to APPLA. The following information regarding youth who aged out of foster care, shall be included in the annual report:
i. number and percentage of youth who were on trial discharge status;
ii. number and percentage of youth who received housing assistance, broken down by the type of assistance as follows:
(a) NYCHA public housing;
(b) section 8 voucher;
(c) supportive housing;
(d) adult residential care;
(e) ACS housing subsidy;
(f) any other type of housing assistance, whether private, federal, state or city-subsidized or operated, including information specifying the specific subsidies or resources utilized; provided, however, that the information required by this subparagraph shall be included in such report only upon required New York state approval of the necessary changes to the discharge checklist, beginning with the report for the second calendar year following such approval;
iii. number and percentage of young people who left foster care to alternative safe and stable housing, including but not limited to an apartment or other place of residence shared with friends or family members, or remained in the home of their foster families; provided, however, that this information shall be included in such report only upon required New York state approval of the necessary changes to the discharge checklist, beginning with the report for the second calendar year following such approval;
iv. number and percentage of youth who completed high school, disaggregated by the type of diploma or credential certification received;
v. number and percentage of youth who passed the TASC high school equivalency test;
vi. number and percentage of youth who obtained an education and training voucher;
vii. number and percentage of youth who are enrolled in college;
viii. number and percentage of youth who were enrolled in a vocational/trade program at the time of discharge;
ix. number and percentage of youth who obtained a college diploma, disaggregated by the type of diploma received; provided, however, that this information shall be included in such report only upon required New York state approval of the necessary changes to the discharge checklist, beginning with the report for the second calendar year following such approval;
x. number and percentage of youth who have a verifiable source of income;
xi. number and percentage of youth who obtained SIJS;
xii. number and percentage of youth who obtained lawful permanent resident status;
xiii. number and percentage of young people who were parents at the time of their discharge from foster care;
xiv. number and percentage of youth who had a permanent connection to a caring adult at the time of their discharge from foster care;
xv. number and percentage of youth who were discharged as absent without leave at the time of their discharge from foster care.
No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting youth in foster care or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 youth in foster care, or allows another category to be narrowed to between 1 and 5 youth in foster care, the number shall be replaced with a symbol. The reports required pursuant to this section shall remain permanently accessible on ACS’ website.
The commissioner, in consultation with the commissioner of social services and the commissioner of homeless services, shall establish a procedure to determine how many youth who were discharged from foster care entered a shelter operated by or under contract or similar agreement with the department of homeless services or the department of social services. The following information regarding youth who were discharged from foster care during the calendar year prior to the year covered by the report required pursuant to this section who entered such shelters shall be included such report, disaggregated as follows: number and percentage who entered within 30 days of their discharge from foster care; number and percentage who entered within 90 days of their discharge from foster care; number and percentage who entered within 180 days of their discharge from foster care; number and percentage who entered within 1 year of their discharge from foster care. Such data shall be disaggregated by youth who entered shelters for single adults and shelters for families with children. For the purposes of this subdivision, “entering the homeless shelter system” shall include seeking and being found eligible for shelter at any intake facility operated by or under contract or similar agreement with the department of homeless services or the department of social services.
The commissioner, in consultation with the commissioner of social services, shall establish a procedure to determine how many youth who were discharged from foster care received cash assistance, supplemental nutrition assistance benefits, and/or medicaid. The following information regarding youth who were discharged from foster care during the calendar year prior to the year covered by the report required pursuant to this section who received such benefits shall be included in such report, disaggregated as follows: number and percentage who received cash assistance within 30 days of their discharge from foster care; number and percentage who received supplemental nutrition assistance benefits within 30 days of their discharge from foster care; number and percentage who received cash assistance within 60 days of their discharge from foster care; number and percentage who received supplemental nutrition assistance benefits within 60 days of their discharge from foster care; number and percentage who received cash assistance within 180 days of their discharge from foster care; number and percentage who received supplemental nutrition assistance benefits within 180 days of their discharge from foster care; and the number and percentage of youth who were discharged from foster care with a goal of APPLA were successfully transitioned to medicaid without any gap in coverage.
§ 21-902.2 Child protective caseload and workload study.
By March 31, 2019, ACS shall complete a study regarding child protective caseloads and workloads. Such study shall include, but need not be limited to:
Examination of the key milestones and tasks required in a child protective investigation and time spent on each milestone or task;
Analysis of how case factors impact case complexity, including but not limited to type of allegation, number of children, and prior ACS involvement;
Examination of the relationship between the data described in paragraphs 1 and 2 of subdivision a of this section and child safety outcomes;
Assessment of best practices in caseload and workload standards that improve child safety and wellbeing outcomes; and
Recommendations for how ACS will implement best practices to structure business processes to assign and balance caseloads and workloads.
By September 30, 2019, ACS shall report its findings and recommendations to the speaker of the council.
Editor’s note: Section 2 of L.L. 2018/018 provides: “This local law takes effect immediately and remains in effect until the submission of the report required by subdivision a of section 21-902.2 of the administrative code of the city of New York when it is deemed repealed.”
§ 21-903 Annual Reports.
Within 45 days after the end of each calendar year, ACS will publish and make available on its website an annual report compiling information provided in all quarterly reports required by this chapter for the prior calendar year.
§ 21-904 Special Immigrant Juvenile Status Plan within the Administration for Children’s Services.*
ACS shall designate an individual or individuals responsible for creating and implementing a new comprehensive plan to provide services to children in contact with ACS who may be deemed eligible for Special Immigrant Juvenile Status (“SIJS”) or other immigration benefits. Such plan shall, at a minimum, systemize how ACS, with assistance from foster care agencies, (i) identifies the country of birth, to the extent practicable, of children in contact with ACS; (ii) identifies all children within ACS, as early as possible, who may qualify for SIJS or other immigration benefits; (iii) tracks such children, to the extent practicable and consistent with client confidentiality requirements, until the completion of their SIJS or other immigration relief; (iv) assists such children, as soon as they are identified, in obtaining the immigration services they need, including birth certificates if they do not possess them; and (v) provides mandatory training programs on immigration benefits, including SIJS, for appropriate ACS and contract agency case workers and staff.
Reporting.
Six months from the effective date of this local law, ACS shall submit the plan to the city council.
The plan shall include detailed descriptions of (i) how ACS will accomplish a(i)-(v) above; (ii) the structure and operation of the ACS offices that will have responsibility for identifying, tracking and ensuring the referral of youths for SIJS or other immigration benefits; (iii) the number and type of positions within ACS that will have responsibility for identifying, tracking and ensuring the referral of youths for SIJS or other immigration benefits, including whether each such position is full or part time and temporary or permanent; (iv) program standards for contract agencies regarding SIJS identification and coordination of immigration services; (v) ACS’s mechanisms and indicators for monitoring its own and contract agencies’ compliance with and achievements under the plan; and (vi) ACS’s method(s) for collecting data and evaluating outcomes for immigrant youth that it has made contact with under the new plan.
No later than one year after completion and submission of the plan, ACS shall prepare and submit to the city council a report (i) regarding its ability to identify, track and coordinate immigration services for youths with whom it has had contact; (ii) containing indicators sufficient to show the agency’s progress towards achieving the goals of the plan; and (iii) containing such programs, procedures, memoranda, or training materials as concern the implementation and goals of the plan. Subsequent reports shall be submitted annually on the first of April thereafter.
Editor’s note: this section sunsets in 2015. See L.L. 6/2010.
§ 21-905 Demographic Data.
Admissions to Detention Facilities.
By September 30 of each year, ACS shall post a report on its website regarding the total number of admissions in the previous fiscal year to the following facilities:
i. secure detention facilities; and
ii. non-secure detention facilities.
The data provided pursuant to paragraph one of subdivision a of this section shall be disaggregated by the following factors:
i. age;
ii. gender;
iii. race;
iv. zip code of residence, except that for a number between one and five admissions from one zip code, the number shall be replaced with a symbol;
v. for youth remanded to a detention facility by a court, the most serious charged offense on the court petition, complaint or indictment at the time ACS assumed custody; and
vi. for youth brought to detention by police, whether the top arrest charge was a misdemeanor or a felony at the time ACS assumed custody.
Demographic Data for Detention Facilities.
By September 30 of each year, ACS shall post a report on its website regarding the average daily population in the previous fiscal year in the following facilities:
i. secure detention facilities; and
ii. non-secure detention facilities.
By September 30 of each year, ACS shall post a report on its website regarding the number of youth admitted to a detention facility during the previous fiscal year who spent time either in non-secure detention only, secure detention only, or both non-secure and secure detention, disaggregated by the following factors:
i. age;
ii. gender;
iii. race;
iv. zip code of residence, except that for a number between one and five admissions from one zip code, the number shall be replaced with a symbol;
v. for youth remanded to a detention facility by a court, the most serious charged offense on the court petition, complaint or indictment at the time ACS assumed custody; and
vi. for youth brought to detention by police, whether the top arrest charge was a misdemeanor or a felony at the time ACS assumed custody.
Admissions to Placement Facilities.
By September 30 of each year, ACS shall post a report on its website regarding the total number of admissions in the previous fiscal year to the following facilities:
i. non-secure placement facilities; and
ii. limited-secure placement facilities.
The data provided pursuant to paragraph one of subdivision c of this section shall be disaggregated by the following factors:
i. age;
ii. gender;
iii. race;
iv. zip code of residence, except that for a number between one and five admissions from one zip code, the number shall be replaced with a symbol;
v. youth who were detained at a detention facility immediately prior to being ordered to a placement facility by a court pursuant to the family court act;
vi. youth who were not detained at a detention facility immediately prior to being ordered to a placement facility by a court pursuant to the family court act;
vii. youth who were transferred to an ACS placement facility from the custody of the New York state office of children and family services in accordance with subdivision six of section four hundred and four of the New York state social services law; and
viii. for youth ordered to a placement facility by a court, the most serious offense adjudicated against such youth by the court.
Demographic Data for Placement Facilities.
By September 30 of each year, ACS shall post a report on its website regarding the average daily population in the previous fiscal year in the following facilities:
i. non-secure placement facilities; and
ii. limited-secure placement facilities.
By September 30 of each year, ACS shall report on its website the number of youth admitted to a placement facility during the previous fiscal year who spent time either in non-secure placement only, limited secure placement only, or both non-secure and limited secure placement, disaggregated by the following factors:
i. age;
ii. gender;
iii. race;
iv. zip code of residence, except that for a number between one and five admissions from one zip code, the number shall be replaced with a symbol; and
v. for youth ordered to a placement facility by a court, the most serious offense adjudicated against such youth by the court.
Data on Transfers.
By September 30 of each year, ACS shall post a report on its website regarding the total number of youth who have been transferred during the previous fiscal year from:
i. a non-secure detention facility to a secure detention facility;
ii. a secure detention facility to a non-secure detention facility;
iii. a non-secure placement facility to a limited secure placement facility;
iv. a non-secure placement facility to a secure placement facility; v. a limited secure placement facility to a non-secure placement facility;
vi. a limited secure placement facility to a secure placement facility;
vii. a secure placement facility to a limited secure placement facility; and
viii. a secure placement facility to a non-secure placement facility.
The data provided pursuant to paragraph one of subdivision e of this section shall be disaggregated by the following factors:
i. age;
ii   gender; and
iii. race.
Interim Reports.
On or before September 30, 2013, ACS shall post a report on its website regarding the total population in non-secure placement facilities as of the last day of every month during the previous fiscal year.
No more than one year after ACS begins operating limited secure placement facilities, ACS shall post a report on its website regarding:
i. the total number of admissions to such facilities in the first nine months of their operation, disaggregated by the following factors:
(a) age;
(b) gender;
(c) race; and
(d) youth who were transferred to an ACS placement facility from the custody of the New York state office of children and family services in accordance with subdivision six of section four hundred and four of the New York state social services law;
ii. the total population in such facilities as of the last day of every month during the first nine months of their operation; and
iii. the number of youth admitted to such facilities during the first nine months of their operation who, during that period, spent time either in non-secure placement only, limited secure placement only, or both non-secure and limited secure placement, disaggregated by the following factors:
(a) age;
(b) gender;
(c) race;
(d) zip code of residence except that for a number between one and five admissions from one zip code, the number shall be replaced with a symbol; and
(e) for youth ordered to a placement facility by a court, the most serious offense adjudicated against such youth by the court.
§ 21-906 Incident Reports.
Quarterly Incident Reports.
Within sixty days after the end of each quarter of the fiscal year, ACS shall post a report on its website, based on data from the previous quarter, that shall contain the number of the following incidents:
i. use of physical restraint by staff on children;
ii. physical injuries or impairment to children as a result of the use of physical restraint;
iii. use of mechanical restraint by staff on children;
iv. physical injuries or impairment to children as a result of the use of mechanical restraint;
v. fights and altercations between children;
vi. physical injuries or impairment to children as a result of fights with other children;
vii. physical injuries or impairment to children resulting from any other means not previously mentioned;
viii. biased-based incidents as reported by a child; and
ix. the number of room confinements and the length of stay for each confinement.
The data provided pursuant to paragraph one of subdivision a of this section shall be disaggregated by the following factors:
i. each secure detention facility;
ii. non-secure detention facilities;
iii. non-secure placement facilities; and
iv. limited secure placement facilities.
Annual incident reports.
Within sixty days after the end of each fiscal year, ACS shall post a report on its website containing the following data:
i. the number of allegations made during the fiscal year that a child in a detention or placement facility was a neglected or abused child; and
ii. the number of findings made during the fiscal year by the New York state office of children and family services substantiating allegations that a child in a detention or placement facility was a neglected or abused child, including findings that substantiated allegations made prior to the fiscal year.
The data provided pursuant to paragraph one of subdivision b of this section shall be disaggregated by the following factors:
i. each secure detention facility;
ii. non-secure detention facilities;
iii. non-secure placement facilities; and
iv. limited secure placement facilities.
§ 21-907 Graduation rates of foster care youth.
Beginning no later than January 31, 2015, and no later than every January 31 thereafter, the commissioner shall submit to the speaker of the council and post on ACS’ website an annual report regarding the number of youth in foster care who were enrolled in and/or graduated from high school in the previous academic year as described by the department of education. Each such report shall disaggregate the data by gender and ethnicity, and include but not be limited to: (i) the total number of youth in foster care disaggregated by age, utilizing the following ranges: 13-15 years old; 16-18 years old; and 19-21 years old; (ii) the number of youth in foster care enrolled in high school disaggregated by age, utilizing the following ranges: 13-15 years old; 16-18 years old; and 19-21 years old; (iii) the number of youth in foster care who, based on cohort and the number of high school credits they have obtained by August 31 of the year of such report, are on pace to graduate high school and the number of such youth that are on pace to graduate high school in five years, utilizing the following age ranges: 14-15 years old; 16-18 years old; and 19-21 years old; and (iv) the number of youth in foster care who graduated from high school disaggregated by: (1) the age at which such students graduated; (2) the type of diploma or certification received; and (3) based on cohort, the number of years it took to complete high school. The reports required pursuant to this section shall remain permanently accessible on ACS’ website.
No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting youth in foster care or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 youth in foster care, or allows another category to be narrowed to between 1 and 5 youth in foster care, the number shall be replaced with a symbol.
§ 21-907.1 Educational continuity of children in foster care.
For the purposes of this section, the term “school of origin” means the school that a child or youth attended at the time of their entry into foster care or prior to transferring foster care placements.
Not later than February 1, 2017, and on or before December 1 annually thereafter, ACS shall submit to the speaker of the council and post on its website annual reports regarding the educational continuity of children in foster care. Such reports shall include the following information:
Of the children who entered foster care during the school year, the number and percentage who remained in their school of origin 90 days after the child’s initial entry into foster care;
Of the children who entered foster care during the school year, the number and percentage who remained in their school of origin 90 days after transferring to a new foster care placement;
Of the children who entered foster care during the school year, the number and percentage who did not return to their school of origin upon initial entry into foster care;
Of the children who transferred foster care placements during the school year, the number and percentage who did not return to their school of origin after transferring to a new foster care placement; and
The average school attendance rates of children in foster care disaggregated by the following percentages: less than 50 percent, 50-59 percent, 60-69 percent, 70-79 percent, 80-89 percent and 90 percent or more, disaggregated by age as follows: 5-10; 11-15; 16-21.
No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting youth in foster care or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 youth in foster care, or allows another category to be narrowed to between 1 and 5 youth in foster care, the number shall be replaced with a symbol. The reports required pursuant to this section shall remain permanently accessible on ACS’ website.
§ 21-908 Government-issued personal identification.
For the purposes of this section the following terms shall have the following meanings:
“Another Planned Permanent Living Arrangement (APPLA)” means a permanency planning goal for young people in foster care who are over the age of fourteen that seeks to assist foster care youth in their transition to self-sufficiency by connecting the youth to an adult permanency resource, equipping the youth with life skills and, upon discharge, connecting the youth with any needed community and/or specialized services.
“Discharge Checklist” is a form completed by the ACS contracted foster care agency in consultation with a young person leaving foster care that is intended to guide discussions about the youth’s plans after leaving care. The document is intended to develop and document a discharge plan that is youth-driven, is as detailed as the youth elects and enables the young person to address any outstanding topics prior to discharge.
“Government-issued personal identification” shall mean a birth certificate, social security card, state-issued driver’s license or non-driver identification card, United States permanent resident card, individual taxpayer identification number, municipal identification card, consular identification card, or passport.
“Preparing Youth for Adulthood (PYA) Checklist” is a form completed by the ACS contracted foster care agency in consultation with a young person transitioning from foster care that is intended to guide discussions about the youth’s plans after leaving care. The document is intended to assess and document a transition plan that is youth-driven and enables the young person to address any outstanding barriers to the successful transition to independence.
Beginning no later than January 31, 2015, and no later than every January 31 thereafter, the commissioner shall submit to the speaker of the council and post on ACS’ website an annual report for the prior calendar year that includes the following information:
the number of youth in foster care who are aged seventeen or older; and the total number of youth in foster care who are aged seventeen or older and have a form of government-issued personal identification, disaggregated by birth certificate, social security card, state-issued identification, municipal identification, passport or other form of government-issued personal identification, the number of such youth who only possess one form of government-issued personal identification, disaggregated by the type of identification and the number of youth in foster care who obtained such identification with assistance from ACS; provided, however, that the information relating to municipal identification, passports or other forms of government-issued personal identification required by this paragraph shall be included in such report only upon required New York state approval of changes to the Discharge Checklist and PYA Checklist in a manner that reasonably allows for the collection of such information beginning with the report for the second calendar year following such approval;
the number of youth in foster care who were discharged with an APPLA goal; and the total number of youth with an APPLA goal who were in possession of a birth certificate, social security card, state-issued identification, municipal identification or passport at the time of discharge from foster care, disaggregated by the type of identification and the number of such youth who only possess one form of government-issued personal identification at the point of discharge, disaggregated by the type of identification; provided, however, that the information relating to municipal identification and passports required by this paragraph shall be included in such report only upon required New York state approval of changes to the Discharge Checklist and PYA Checklist in a manner that reasonably allows for the collection of such information beginning with the report for the second calendar year following such approval; and
a description of the actions ACS has taken in the prior calendar year to assist youth in foster care in obtaining the kinds of government-issued personal identification described in the report required by this subdivision. The reports required pursuant to this section shall remain permanently accessible on ACS’ website.
§ 21-909 Five-year plan to address barriers to permanency.*
Definitions. For the purposes of this section, the following terms shall have the following meanings:
Another planned permanent living arrangement (APPLA). The term “another planned permanent living arrangement (APPLA)” means a permanency planning goal to assist foster care youth in their transition to self-sufficiency by connecting the youth to an adult permanency resource, equipping the youth with life skills and, upon discharge, connecting the youth with any needed community and/or specialized services.
Kinship guardianship assistance program (KinGAP). The term “kinship guardianship assistance program (KinGAP)” means the permanency and discharge outcome for children for whom a relative has become the legal guardian via court order and whereby the relative and ACS has entered into a final KinGAP agreement for a subsidy pursuant to the Kingship Guardianship Assistance Program.
By December 31, 2017, ACS shall submit to the speaker of the council and post on its website a five-year plan to address barriers to permanency for youth in foster care. Such plan shall include, but not be limited to, the following information:
A case study of a statistically significant sample of children who have spent at least two years in foster care, but no less than 5% of the total foster care population, including but not limited to the following aggregated information:
(a) Age, gender, race/ethnicity, and, if available, sexual orientation;
(b) Permanency plan, including reunification, adoption, KinGAP, APPLA, or other;
(c) The number of months in care; and
(d) Barriers to permanency, including but not limited to parental homelessness, parental relapse, parental childcare needs, education issues, family court delays, lack of permanency resources, juvenile incarceration, college enrollment, and any other barrier as determined by ACS.
An analysis of how ACS plans to address the systemic barriers to permanency identified during the case study required pursuant to paragraph 1.
The five-year plan shall be reviewed and updated by ACS annually and the updated version shall be submitted to the speaker of the council and posted online one year following the submission of the initial five-year report and annually on such date thereafter.
In the fifth year covered by each such five-year plan, ACS shall submit to the speaker of the council and post on its website a new five-year plan to address barriers to permanency for the next succeeding five-year period not later than six months prior to the last day of such fifth year. The previous five-year report shall remain on ACS’ website when the new report is added.
No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting youth in foster care or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 youth in foster care, or allows another category to be narrowed to between 1 and 5 youth in foster care, the number shall be replaced with a symbol.
*Editor’s note: Section 2 of L.L. 2016/143 provides: “This local law takes effect immediately and is deemed repealed 15 years after it becomes law.”
§ 21-910 Foster care experience surveys.
Commencing one year after the effective date of the local law that added this section, ACS shall provide to all youth in foster care ages 13 and older an annual survey regarding such youth’s experiences with each foster care placement where the youth resided that year. For youth placed with foster parents, such surveys shall be administered in a location other than the foster parent’s home, or administered online or through a mobile application. ACS shall explain the purpose of such survey to youth and shall not attribute survey responses to youth without their consent. In addition to questions, such survey shall provide space for such youth to provide ACS with any additional information they wish to share.
Such survey shall include but not be limited to questions addressing the following topic areas: access to food and clothing; religious practices; relationships with foster families, biological families and friends; personal allowances; education and extracurricular activities; and internet and phone access.
No later than six months following the first administration of the survey, and annually thereafter, ACS shall submit to the speaker of the council and post on its website aggregated data from the surveys required pursuant to this section and any steps ACS had taken in response to the information provided in such surveys.
Not later than 120 days after the effective date of the local law that added this section, ACS shall submit to the speaker of the council a report on its plan for the implementation of the survey required pursuant to this section.
No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting youth in foster care or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 youth in foster care, or allows another category to be narrowed to between 1 and 5 youth in foster care, the number shall be replaced with a symbol.
§ 21-911 Secure detention facility visitors.
ACS shall permit youth in secure detention facilities to receive visitors including, but not limited to, a coach, teacher, clergyperson or other appropriate adult, except when the facility director determines that such visits are detrimental to the youth, or that the visitors refused to comply with rules governing visitation, or the visit would not be consistent with public safety.
§ 21-912 Video conferencing in secure detention facilities.
ACS shall establish and operate a program that permits youth in secure detention facilities to communicate through video conference or substantially similar technology with family, as defined by ACS, or legal guardians, except when the facility director determines that such communication is detrimental to the youth or not consistent with public safety. Video conferences shall be held primarily for the purpose of discharge planning, treatment, and rehabilitative conversations.
§ 21-913 Electronic health records in juvenile detention facilities.
ACS shall conduct an internal review of the effectiveness of the current system for maintaining health records created for individuals in juvenile detention facilities including whether maintaining such records electronically would improve the current system and submit to the council, by December 31, 2017, a report including recommendations for improvements to the health records maintenance system and a timeframe for implementation of such improvements.
*Editor’s note: Section 2 of L.L. 2017/169 provides: “This local law takes effect immediately and is deemed repealed after the submission of the report required in section one.”
§ 21-914 Preventive services surveys.
Definitions. For the purposes of this section, the term “preventive services” means supportive and rehabilitative services provided, in accordance with title four of the social services law, to children and their families for the purposes of: averting an impairment or disruption of a family which will or could result in the placement of a child in foster care; enabling a child who has been placed in foster care to return to his family at an earlier time than would otherwise be possible; or reducing the likelihood that a child who has been discharged from foster care would return to such care.
Commencing 18 months after the effective date of the local law that added this section, ACS shall provide to all families receiving preventive services an annual survey regarding the family’s experiences with each preventive services provider that provided the family services during the preceding calendar year. Such surveys may be administered online or through a mobile application. ACS shall not attribute survey responses to families without their consent. In addition to questions, such surveys shall provide space for such families to provide ACS with any additional information they wish to share.
Such survey shall include but not be limited to questions regarding the following: interactions with caseworkers, the type and quality of services, and suggestions for how services may be improved.
No later than six months following the first administration of the survey required pursuant to this section, and annually thereafter, ACS shall submit to the speaker of the council and post on its website aggregated data from such surveys and any steps ACS had taken in response to the information provided in such surveys.
Not later than six months after the effective date of the local law that added this section, ACS shall submit to the speaker of the council a report on its plan for the implementation of the survey required pursuant to this section.
No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting families or children receiving preventive services or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 families or children receiving preventive services, or allows another category to be narrowed to between 1 and 5 families or children receiving preventive services, the number shall be replaced with a symbol.
No later than June 1, 2018, and no later than 18 months after the end of each calendar year thereafter, ACS shall publish and make available on its website a report on the findings and recommendations of its child fatality reviews during the previous calendar year. Such report shall include, but not be limited to, the following:
the number of fatalities of children known to ACS for the previous year;
the cause of death in such fatalities;
the age, gender, race and ethnicity of children with fatalities for the previous year;
any relevant trends identified and systemic recommendations, including opportunities for inter-agency collaboration; and
a summary of any case practice findings and agency policy changes made in response to child fatalities in the previous 12 months.
§ 21-916 Preventive services training.
Definitions. For the purposes of this section, the term “preventive services” means supportive and rehabilitative services provided, in accordance with title four of the social services law, to children and their families for the purposes of: averting an impairment or disruption of a family which will or could result in the placement of a child in foster care; enabling a child who has been placed in foster care to return to his family at an earlier time than would otherwise be possible; or reducing the likelihood that a child who has been discharged from foster care would return to such care.
ACS shall require all individuals providing preventive services to attend trainings, the content of which shall be determined by ACS, on an ongoing basis and no less than once per year. This requirement is in addition to any other training required by law or regulation for individuals providing preventive services.
§ 21-917 Preventive services quarterly reports.
Definitions. For the purposes of this section, the term “preventive services” means supportive and rehabilitative services provided, in accordance with title four of the social services law, to children and their families for the purposes of: averting an impairment or disruption of a family which will or could result in the placement of a child in foster care; enabling a child who has been placed in foster care to return to his family at an earlier time than would otherwise be possible; or reducing the likelihood that a child who has been discharged from foster care would return to such care.
Beginning with the calendar quarter ending March 31, 2018, and for every calendar quarter thereafter, ACS shall furnish to the speaker of the council and post on ACS’ website, no later than 30 days after the end of each such calendar quarter, a report regarding preventive services rendered during such calendar quarter that includes, at a minimum, the following information:
The number of families and the number of children who received preventive services and the average length of enrollment, disaggregated by each program type, for all program types offered within the ACS continuum of preventive services;
The number of open slots available for preventive services, disaggregated by each program type, for all program types offered within the ACS continuum of preventive services;
The number of children who entered foster care and had been receiving preventive services at the time of removal, six months prior to removal, and 12 months prior to removal;
The number of families and the number of children who received preventive services after a previous final discharge from foster care to reunification;
The number of families who received ACS family services unit monitoring and preventive services; and
To the extent such data is available to ACS, the number of families who lived in homeless shelters operated by or under contract or similar agreement with the department of homeless services or department of social services/human resources administration while receiving preventive services.
No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting families or children receiving preventive services or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 families or children receiving preventive services, or allows another category to be narrowed to between 1 and 5 families or children receiving preventive services, the number shall be replaced with a symbol.
§ 21-918 Language study.
For the purposes of this section, the following terms shall have the following meanings:
Limited English proficient individual. The term “limited English proficient individual” means an individual who identifies as being, or is evidently, unable to communicate meaningfully in English.
Primary language. The term “primary language” means the language in which a limited English proficient individual chooses to communicate with others.
By January 1, 2019, ACS shall complete a study regarding its ability to provide access to language classes for any child between the ages of 3 years and 12 years who, pursuant to article 10 of the family court act, was removed from the custody of parents or guardians who are limited English proficient individuals and who has been in the custody of ACS for at least 6 months. Such study shall include, but need not be limited to:
The number of such children in the foster care system;
The languages spoken by such children;
The languages spoken by the individuals from whom such children were removed;
Strategies to assess the language needs of such children; and
Barriers to addressing such language needs.
The department shall report its findings from its language study to the speaker of the council and post a copy of the report on the ACS website by July 1, 2019.
As part of the study required pursuant to subdivision c of this section, ACS shall initiate a process to identify and track whether parents or guardians of children removed pursuant to article 10 of the family court act are limited English proficient individuals. If such process is not in place at the time the report required pursuant to subdivision c of this section is complete, such report will include an explanation of the barriers to initiating such process.