EXC - Executive
Article 19-H - RUNAWAY AND HOMELESS YOUTH ACT OF NINETEEN HUNDRED SEVENTY-EIGHT
532 - ARTICLE 19-H
RUNAWAY AND HOMELESS YOUTH ACT OF
NINETEEN HUNDRED SEVENTY-EIGHT
§ 532-a. Definitions. For the purposes of this article the term:
1. "Runaway youth" shall mean a person under the age of eighteen years
who is absent from his legal residence without the consent of his
parent, legal guardian or custodian.
2. "Homeless youth" shall mean a person under the age of twenty-one
who is in need of services and is without a place of shelter where
supervision and care are available.
3. "Youth in need of crisis intervention or respite services" shall
mean a person under the age of eighteen years who is a potential
respondent under article seven of the family court act, who, with the
consent of his or her parent or other person legally responsible for the
youth, is determined by the local juvenile probation department or
social services official to be in need of crisis intervention or respite
services.
4. "Approved runaway program" shall mean any non-residential program
approved by the office of children and family services after submission
by the county youth bureau, as part of its comprehensive plan, or any
residential facility which is operated by an authorized agency as
defined in subdivision ten of section three hundred seventy-one of the
social services law, and approved by the office of children and family
services after submission by the county youth bureau as part of its
comprehensive plan, established and operated to provide services to
runaway and homeless youth in accordance with the regulations of the
office of temporary and disability assistance and the office of children
and family services. Such programs may also provide non-residential
crisis intervention and residential respite services to youth in need of
crisis intervention or respite services, as defined in this section.
Residential respite services in an approved runaway program may be
provided for no more than twenty-one days in accordance with the
regulations of the office of children and family services.
5. "Runaway and homeless youth service coordinator" shall mean any
person designated by a county whose duties shall include but not be
limited to answering inquiries at any time concerning transportation,
shelter and other services available to a runaway or homeless youth or a
youth in need of crisis intervention or respite services.
6. "Transitional independent living support program" shall mean any
non-residential program approved by the office of children and family
services after submission by the county youth bureau as part of its
comprehensive plan, or any residential facility approved by the office
of children and family services after submission by the county youth
bureau as part of its comprehensive plan, established and operated to
provide supportive services, for a period of up to eighteen months in
accordance with the regulations of the office of children and family
services, to enable homeless youth between the ages of sixteen and
twenty-one to progress from crisis care and transitional care to
independent living. Such transitional independent living support program
may also provide services to youth in need of crisis intervention or
respite services. Notwithstanding the time limitation in paragraph (i)
of subdivision (d) of section seven hundred thirty-five of the family
court act, residential respite services may be provided in a
transitional independent living support program for a period of more
than twenty-one days.
§ 532-b. Powers and duties of approved runaway program. 1.
Notwithstanding any other provision of law, pursuant to regulations of
the office of children and family services an approved runaway program
is authorized to and shall:
(a) provide assistance to any runaway or homeless youth or youth in
need of crisis intervention or respite services as defined in this
article;
(b) attempt to determine the cause for the youth's runaway or homeless
status;
(c) explain to the runaway and homeless youth his legal rights and
options of service or other assistance available to the youth;
(d) work towards reuniting such youth with his parent or guardian as
soon as practicable in accordance with section five hundred thirty-two-c
of this article;
(e) assist in arranging for necessary services for runaway or homeless
youth, and where appropriate, their families, including but not limited
to food, shelter, clothing, medical care, education and individual and
family counseling. Where the approved runaway program concludes that
such runaway or homeless youth would be eligible for assistance, care or
services from a local social services district, it shall assist the
youth in securing such assistance, care or services as the youth is
entitled to; and
(f) immediately report to the local child protective service where it
has reasonable cause to suspect that the runaway or homeless youth has
been abused or neglected or when such youth maintains such to be the
case.
2. The runaway youth may remain in the program on a voluntary basis
for a period not to exceed thirty days from the date of admission where
the filing of a petition pursuant to article ten of the family court act
is not contemplated, in order that arrangements can be made for the
runaway youth's return home, alternative residential placement pursuant
to section three hundred ninety-eight of the social services law, or any
other suitable plan. If the runaway youth and the parent, guardian or
custodian agree, in writing, the runaway youth may remain in the runaway
program up to sixty days without the filing of a petition pursuant to
article ten of the family court act, provided that in any such case the
facility shall first have obtained the approval of the county runaway
coordinator, who shall notify the county youth bureau of his approval
together with a statement as to the reason why such additional
residential stay is necessary and a description of the efforts being
made to find suitable alternative living arrangements for such youth.
§ 532-c. Notice to parent; return of runaway youth to parent;
alternative living arrangements. 1. The staff of the program shall, to
the maximum extent possible, preferably within twenty-four hours but
within no more than seventy-two hours following the youth's admission
into the program, notify such runaway youth's parent, guardian or
custodian of his or her physical and emotional condition, and the
circumstances surrounding the runaway youth's presence at the program,
unless there are compelling circumstances why the parent, guardian or
custodian should not be so notified. Where such circumstances exist, the
runaway program director or his designee shall either file an
appropriate petition in the family court, refer the youth to the local
social services district, or in instances where abuse or neglect is
suspected, report such case pursuant to title six of article six of the
social services law.
2. Where custody of the youth upon leaving the approved program is
assumed by a relative or other person, other than the parent or
guardian, the staff of the program shall so notify the parent or
guardian as soon as practicable after the release of the youth. The
officers, directors or employees of an approved runaway program shall be
immune from any civil or criminal liability for or arising out of the
release of a runaway or homeless youth to a relative or other
responsible person other than a parent or guardian.
§ 532-d. Residential facilities operated as transitional independent
living support programs. Notwithstanding any inconsistent provision of
law, pursuant to regulations of the office of children and family
services, residential facilities operating as transitional independent
living support programs are authorized to and shall:
(a) provide shelter to homeless youth between the ages of sixteen and
twenty-one as defined in this article;
(b) work toward reuniting such homeless youth with his parent,
guardian or custodian, where possible;
(c) provide or assist in securing necessary services for such homeless
youth, and where appropriate, his family, including but not limited to
housing, educational, medical care, legal, mental health, and substance
and alcohol abuse services. Where such program concludes that such
homeless youth would be eligible for assistance, care or services from a
local social services district, it shall assist such youth in securing
such assistance, care or services;
(d) for a homeless youth whose service plan involves independent
living, provide practical assistance in achieving independence, either
through direct provision of services or through written agreements with
other community and public agencies for the provision of services in the
following areas; high school education or high school equivalency
education; higher education assessment; job training and job placement;
counseling; assistance in the development of socialization skills;
guidance and assistance in securing housing appropriate to needs and
income; and training in the development of skills necessary for
responsible independent living, including but not limited to money and
home management, personal care, and health maintenance; and
(e) provide residential services to a youth in need of crisis
intervention or respite services, as defined in this article; and
(f) continue to provide services to a homeless youth who is not yet
eighteen years of age but who has reached the eighteen month maximum
provided by subdivision six of section five hundred thirty-two-a of this
article, until he or she is eighteen years of age or for an additional
six months if he or she is still under the age of eighteen; and
(g) provide such reports and data as specified by the office of
children and family services.
§ 532-e. Powers and duties of the office of children and family
services. The office of children and family services shall: (a) visit,
inspect and make periodic reports on the operation and adequacy of
approved runaway programs and transitional independent living support
programs;
(b) certify residential facilities providing care to runaway and/or
homeless youth, provided, however, that no certification shall be issued
or renewed until it can be demonstrated that a program operated pursuant
to this article has consistent with appropriate collective bargaining
agreements and applicable provisions of the civil service law, developed
and implemented a procedure for reviewing and evaluating the backgrounds
of and the information supplied by any person applying to be an
employee, volunteer or consultant, which shall include but not be
limited to the following requirements: that the applicants set forth his
or her employment history, provide personal and employment references
and sign a sworn statement indicating whether the applicant, to the best
of his or her knowledge, has ever been convicted of a crime in this
state or any other jurisdiction;
(c) maintain a register of approved runaway programs, transitional
independent living support programs and runaway and homeless youth
service coordinators;
(d) submit to the governor and legislature an annual report detailing
the numbers and characteristics of runaway and otherwise homeless youth
throughout the state and their problems and service needs;
(e) develop and promulgate in consultation with county youth bureaus
and organizations or programs which have had past experience dealing
with runaway and homeless youth, regulations concerning the coordination
and integration of services available for runaway and otherwise homeless
youth and prohibiting the disclosure or transferal of any records
containing the identity of individual youth receiving services pursuant
to this section, without the written consent of the youth; and
(f) develop and promulgate regulations in consultation with the office
of temporary and disability assistance concerning the provision of
services by transitional independent living support programs consistent
with the provisions of this article.
(g) in conjunction with the commissioner of education, develop and
annually review a plan to ensure coordination and access to education
for homeless children, in accordance with the provisions of section
thirty-two hundred nine of the education law, and monitor compliance of
residential programs for runaway and homeless youth with such plan.
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