New York State - Executive - EXC - Article 19-H
ARTICLE 19-H RUNAWAY AND HOMELESS YOUTH ACT OF NINETEEN HUNDRED SEVENTY-EIGHT
Section 532. Short title.
532-a. Definitions.
532-b. Powers and duties of runaway and homeless youth crisis services programs.
532-c. Notice to parent; return of runaway youth to parent; alternative living arrangements.
532-d. Residential transitional independent living support programs.
532-e. Powers and duties of the office of children and family services.
532-f. Required certification for residential programs.
§ 532. Short title. This article shall be known and may be cited as the "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 or her legal residence without the consent of his or her parent, legal guardian or custodian.
2. "Homeless youth" shall mean:
(a) a person under the age of eighteen who is in need of services and is without a place of shelter where supervision and care are available; or
(b) a person who is under the age of twenty-one but is at least age eighteen and who is in need of services and is without a place of shelter.
(c) Provided however, when a municipality's approved comprehensive plan authorizes that services pursuant to this article be provided to "homeless young adults" as such term is defined in this section, then for purposes related to the provisions of that municipality's approved comprehensive plan that include "homeless young adults", the term "homeless youth" as used in this article shall be deemed to include "homeless young adults".
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. "Runaway and homeless youth crisis services program" shall mean:
(a) any non-residential program approved by the office of children and family services, after submission by the municipality as part of its comprehensive plan, that provides services to runaway youth and homeless youth in accordance with the regulations of the office of children and family services; or
(b) any residential program which is operated by an authorized agency as defined in subdivision ten of section three hundred seventy-one of the social services law, and certified by the office of children and family services to provide short-term residential services to runaway youth and homeless youth in accordance with the applicable regulations of the office of temporary and disability assistance and the office of children and family services.
(c) Runaway and homeless youth crisis services programs may also provide non-residential crisis intervention and, if certified, residential respite services to youth in need of crisis intervention or respite services, as such term is defined in this section. Residential respite services in a certified runaway and homeless youth crisis services program may be provided to such youth for no more than twenty-one days, in accordance with the regulations of the office of children and family services and section seven hundred thirty-five of the family court act.
5. "Runaway and homeless youth service coordinator" shall mean any person so designated by a municipality 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:
(a) any non-residential program approved by the office of children and family services, after submission by the municipality as part of its comprehensive plan, that provides supportive services to enable homeless youth to progress from crisis care and transitional care to independent living, in accordance with the applicable regulations of the office of children and family services; or
(b) any residential program established and operated to provide supportive services, in accordance with the regulations of the office of children and family services, to enable homeless youth to progress from crisis care and transitional care to independent living.
(c) A 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.
7. "Safe house" shall mean a residential program for sexually exploited children as defined in subdivision one of section four hundred forty-seven-a of the social services law. An approved runaway program may operate a short-term safe house, as defined in subdivision two of section four hundred forty-seven-a of the social services law, for sexually exploited children. A transitional independent living support program may operate a long-term safe house for sexually exploited children.
8. "Municipality" shall mean a county, or a city having a population of one million or more.
9. "Homeless young adult" shall mean a person who is age twenty-four or younger but is at least age twenty-one and who is in need of services and is without a place of shelter.
§ 532-b. Powers and duties of runaway and homeless youth crisis services programs. 1. Notwithstanding any other provision of law, pursuant to regulations of the office of children and family services a runaway and homeless youth crisis services 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 or homeless youth his or her legal rights and options of service or other assistance available to the youth;
(d) work towards reuniting such youth with his or her 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 runaway and homeless youth crisis services 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;
(f) immediately report to the statewide central register of child abuse and maltreatment or vulnerable persons' central register, as appropriate, 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;
(g) contact the appropriate local social services district if it is believed that the youth may be a destitute child, as such term is defined in section one thousand ninety-two of the family court act. The office of children and family services shall provide appropriate guidance to the runaway and homeless youth crisis services program on how to accurately identify a youth that may be a destitute child; and
(h) provide information to eligible youth about their ability to re-enter foster care in accordance with article ten-B of the family court act, and in appropriate cases, refer any such youth who may be interested in re-entering foster care to the applicable local social services district. The office of children and family services shall provide the runaway and homeless youth crisis services program with the appropriate educational materials to give to eligible youth regarding their ability to re-enter foster care. The office of children and family services shall also provide appropriate guidance to the runaway and homeless youth crisis services program on how to accurately identify youth that may be eligible to re-enter foster care and how to refer such youth to the applicable local social services district if appropriate.
2. (a) A runaway youth may remain in a certified residential runaway and homeless youth crisis services program on a voluntary basis for a period not to exceed thirty days, or for a youth age fourteen or older for a period up to sixty days when authorized in the applicable municipality's approved comprehensive plan, 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.
(b) If the runaway youth and the parent, guardian or custodian agree in writing, the runaway youth may remain in such program up to sixty days, or up to one hundred twenty days when authorized in the applicable municipality's approved county comprehensive plan, 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 applicable municipal runaway and homeless youth services coordinator, who shall notify the municipality's youth bureau of his or her 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.
(c) A runaway youth may remain in a certified residential runaway and homeless youth crisis services program beyond the applicable period authorized by paragraph (a) or (b) of this subdivision, if the municipality has notified the office of children and family services in accordance with clause (iv) of subparagraph three of paragraph a of subdivision two of section four hundred twenty of this chapter.
§ 532-c. Notice to parent; return of runaway youth to parent; alternative living arrangements. 1. The staff of a residential runaway and homeless youth crisis services 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 program director or his or her 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 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 the 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 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:
1. (a) (i) provide shelter to homeless youth who are at least age sixteen.
(ii) Provided, however, that shelter may be provided to a homeless youth under the age of sixteen if the municipality has notified the office of children and family services in accordance with clause (iv) of subparagraph three of paragraph a of subdivision two of section four hundred twenty of this chapter.
(b) Shelter may be provided to a homeless youth in a transitional independent living program for a period of up to eighteen months, or up to twenty-four months when authorized in the applicable municipality's approved comprehensive plan;
(c) A homeless youth who entered a transitional independent living program under the age of twenty-one may continue to receive shelter services in such program beyond the applicable period authorized by paragraph (b) of this subdivision, if the municipality has notified the office of children and family services in accordance with clause (iv) of subparagraph three of paragraph a of subdivision two of section four hundred twenty of this chapter;
2. work toward reuniting such homeless youth with his or her parent, guardian or custodian, where possible;
3. provide or assist in securing necessary services for such homeless youth, and where appropriate, his or her 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;
4. 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
5. provide residential services to a youth in need of crisis intervention or respite services, as defined in this article;
6. continue to provide services to a homeless youth who is not yet eighteen years of age but who has reached the maximum time period provided by paragraph (b) of subdivision one of this section, 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
7. contact the appropriate local social services district if it is believed that the youth may be a destitute child, as such term is defined in section one thousand ninety-two of the family court act. The office of children and family services shall provide appropriate guidance to the residential transitional independent living support program on how to accurately identify a youth that may be a destitute child;
8. provide information to eligible youth about their ability to re-enter foster care in accordance with article ten-B of the family court act, and in appropriate cases, refer any such youth who may be interested in re-entering foster care to the applicable local social services district. The office of children and family services shall provide the residential transitional independent living support program with the appropriate educational materials to give to eligible youth regarding their ability to re-enter foster care. The office of children and family services shall also provide appropriate guidance to the residential transitional independent living support program on how to accurately identify youth that may be eligible to re-enter foster care and how to refer such youth to the applicable local social services district if appropriate; and
9. 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: 1. visit, inspect and make periodic reports on the operation and adequacy of approved runaway programs and transitional independent living support programs;
2. 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;
3. maintain a register of approved runaway programs, transitional independent living support programs and runaway and homeless youth service coordinators;
4. 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;
5. 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;
6. 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;
7. require all employees of approved programs providing care to runaway and/or homeless youth to complete training as set forth in regulations promulgated by the office. Such training shall require all employees of such residential facilities to receive instruction as specified by the office in the regulations, except where an employee has already received training which would satisfy such requirements, and shall, at a minimum, include instruction in issues pertaining to lesbian, gay, bisexual, and transgender youth with particular emphasis on:
(a) appropriate terminology;
(b) particular challenges for lesbian, gay, bisexual, and transgender runaway and homeless youth, including why lesbian, gay, bisexual, and transgender youth are disproportionately homeless;
(c) how to address homophobia or transphobia from other youth at the shelter;
(d) confidentiality in the cases of lesbian, gay, bisexual, and transgender youth; and
(e) how to address the families of lesbian, gay, bisexual, and transgender youth; and
8. 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.
§ 532-f. Required certification for residential programs. Notwithstanding any other provision of law to the contrary, any residential program established for the purpose of serving runaway and homeless youth that serves any youth under the age of eighteen or that is contained in a municipality's approved comprehensive plan, must be certified by the office of children and family services and must be operated by an authorized agency as such term is defined in subdivision ten of section three hundred seventy-one of the social services law.
Section 532. Short title.
532-a. Definitions.
532-b. Powers and duties of runaway and homeless youth crisis services programs.
532-c. Notice to parent; return of runaway youth to parent; alternative living arrangements.
532-d. Residential transitional independent living support programs.
532-e. Powers and duties of the office of children and family services.
532-f. Required certification for residential programs.
§ 532. Short title. This article shall be known and may be cited as the "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 or her legal residence without the consent of his or her parent, legal guardian or custodian.
2. "Homeless youth" shall mean:
(a) a person under the age of eighteen who is in need of services and is without a place of shelter where supervision and care are available; or
(b) a person who is under the age of twenty-one but is at least age eighteen and who is in need of services and is without a place of shelter.
(c) Provided however, when a municipality's approved comprehensive plan authorizes that services pursuant to this article be provided to "homeless young adults" as such term is defined in this section, then for purposes related to the provisions of that municipality's approved comprehensive plan that include "homeless young adults", the term "homeless youth" as used in this article shall be deemed to include "homeless young adults".
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. "Runaway and homeless youth crisis services program" shall mean:
(a) any non-residential program approved by the office of children and family services, after submission by the municipality as part of its comprehensive plan, that provides services to runaway youth and homeless youth in accordance with the regulations of the office of children and family services; or
(b) any residential program which is operated by an authorized agency as defined in subdivision ten of section three hundred seventy-one of the social services law, and certified by the office of children and family services to provide short-term residential services to runaway youth and homeless youth in accordance with the applicable regulations of the office of temporary and disability assistance and the office of children and family services.
(c) Runaway and homeless youth crisis services programs may also provide non-residential crisis intervention and, if certified, residential respite services to youth in need of crisis intervention or respite services, as such term is defined in this section. Residential respite services in a certified runaway and homeless youth crisis services program may be provided to such youth for no more than twenty-one days, in accordance with the regulations of the office of children and family services and section seven hundred thirty-five of the family court act.
5. "Runaway and homeless youth service coordinator" shall mean any person so designated by a municipality 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:
(a) any non-residential program approved by the office of children and family services, after submission by the municipality as part of its comprehensive plan, that provides supportive services to enable homeless youth to progress from crisis care and transitional care to independent living, in accordance with the applicable regulations of the office of children and family services; or
(b) any residential program established and operated to provide supportive services, in accordance with the regulations of the office of children and family services, to enable homeless youth to progress from crisis care and transitional care to independent living.
(c) A 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.
7. "Safe house" shall mean a residential program for sexually exploited children as defined in subdivision one of section four hundred forty-seven-a of the social services law. An approved runaway program may operate a short-term safe house, as defined in subdivision two of section four hundred forty-seven-a of the social services law, for sexually exploited children. A transitional independent living support program may operate a long-term safe house for sexually exploited children.
8. "Municipality" shall mean a county, or a city having a population of one million or more.
9. "Homeless young adult" shall mean a person who is age twenty-four or younger but is at least age twenty-one and who is in need of services and is without a place of shelter.
§ 532-b. Powers and duties of runaway and homeless youth crisis services programs. 1. Notwithstanding any other provision of law, pursuant to regulations of the office of children and family services a runaway and homeless youth crisis services 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 or homeless youth his or her legal rights and options of service or other assistance available to the youth;
(d) work towards reuniting such youth with his or her 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 runaway and homeless youth crisis services 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;
(f) immediately report to the statewide central register of child abuse and maltreatment or vulnerable persons' central register, as appropriate, 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;
(g) contact the appropriate local social services district if it is believed that the youth may be a destitute child, as such term is defined in section one thousand ninety-two of the family court act. The office of children and family services shall provide appropriate guidance to the runaway and homeless youth crisis services program on how to accurately identify a youth that may be a destitute child; and
(h) provide information to eligible youth about their ability to re-enter foster care in accordance with article ten-B of the family court act, and in appropriate cases, refer any such youth who may be interested in re-entering foster care to the applicable local social services district. The office of children and family services shall provide the runaway and homeless youth crisis services program with the appropriate educational materials to give to eligible youth regarding their ability to re-enter foster care. The office of children and family services shall also provide appropriate guidance to the runaway and homeless youth crisis services program on how to accurately identify youth that may be eligible to re-enter foster care and how to refer such youth to the applicable local social services district if appropriate.
2. (a) A runaway youth may remain in a certified residential runaway and homeless youth crisis services program on a voluntary basis for a period not to exceed thirty days, or for a youth age fourteen or older for a period up to sixty days when authorized in the applicable municipality's approved comprehensive plan, 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.
(b) If the runaway youth and the parent, guardian or custodian agree in writing, the runaway youth may remain in such program up to sixty days, or up to one hundred twenty days when authorized in the applicable municipality's approved county comprehensive plan, 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 applicable municipal runaway and homeless youth services coordinator, who shall notify the municipality's youth bureau of his or her 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.
(c) A runaway youth may remain in a certified residential runaway and homeless youth crisis services program beyond the applicable period authorized by paragraph (a) or (b) of this subdivision, if the municipality has notified the office of children and family services in accordance with clause (iv) of subparagraph three of paragraph a of subdivision two of section four hundred twenty of this chapter.
§ 532-c. Notice to parent; return of runaway youth to parent; alternative living arrangements. 1. The staff of a residential runaway and homeless youth crisis services 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 program director or his or her 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 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 the 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 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:
1. (a) (i) provide shelter to homeless youth who are at least age sixteen.
(ii) Provided, however, that shelter may be provided to a homeless youth under the age of sixteen if the municipality has notified the office of children and family services in accordance with clause (iv) of subparagraph three of paragraph a of subdivision two of section four hundred twenty of this chapter.
(b) Shelter may be provided to a homeless youth in a transitional independent living program for a period of up to eighteen months, or up to twenty-four months when authorized in the applicable municipality's approved comprehensive plan;
(c) A homeless youth who entered a transitional independent living program under the age of twenty-one may continue to receive shelter services in such program beyond the applicable period authorized by paragraph (b) of this subdivision, if the municipality has notified the office of children and family services in accordance with clause (iv) of subparagraph three of paragraph a of subdivision two of section four hundred twenty of this chapter;
2. work toward reuniting such homeless youth with his or her parent, guardian or custodian, where possible;
3. provide or assist in securing necessary services for such homeless youth, and where appropriate, his or her 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;
4. 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
5. provide residential services to a youth in need of crisis intervention or respite services, as defined in this article;
6. continue to provide services to a homeless youth who is not yet eighteen years of age but who has reached the maximum time period provided by paragraph (b) of subdivision one of this section, 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
7. contact the appropriate local social services district if it is believed that the youth may be a destitute child, as such term is defined in section one thousand ninety-two of the family court act. The office of children and family services shall provide appropriate guidance to the residential transitional independent living support program on how to accurately identify a youth that may be a destitute child;
8. provide information to eligible youth about their ability to re-enter foster care in accordance with article ten-B of the family court act, and in appropriate cases, refer any such youth who may be interested in re-entering foster care to the applicable local social services district. The office of children and family services shall provide the residential transitional independent living support program with the appropriate educational materials to give to eligible youth regarding their ability to re-enter foster care. The office of children and family services shall also provide appropriate guidance to the residential transitional independent living support program on how to accurately identify youth that may be eligible to re-enter foster care and how to refer such youth to the applicable local social services district if appropriate; and
9. 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: 1. visit, inspect and make periodic reports on the operation and adequacy of approved runaway programs and transitional independent living support programs;
2. 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;
3. maintain a register of approved runaway programs, transitional independent living support programs and runaway and homeless youth service coordinators;
4. 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;
5. 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;
6. 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;
7. require all employees of approved programs providing care to runaway and/or homeless youth to complete training as set forth in regulations promulgated by the office. Such training shall require all employees of such residential facilities to receive instruction as specified by the office in the regulations, except where an employee has already received training which would satisfy such requirements, and shall, at a minimum, include instruction in issues pertaining to lesbian, gay, bisexual, and transgender youth with particular emphasis on:
(a) appropriate terminology;
(b) particular challenges for lesbian, gay, bisexual, and transgender runaway and homeless youth, including why lesbian, gay, bisexual, and transgender youth are disproportionately homeless;
(c) how to address homophobia or transphobia from other youth at the shelter;
(d) confidentiality in the cases of lesbian, gay, bisexual, and transgender youth; and
(e) how to address the families of lesbian, gay, bisexual, and transgender youth; and
8. 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.
§ 532-f. Required certification for residential programs. Notwithstanding any other provision of law to the contrary, any residential program established for the purpose of serving runaway and homeless youth that serves any youth under the age of eighteen or that is contained in a municipality's approved comprehensive plan, must be certified by the office of children and family services and must be operated by an authorized agency as such term is defined in subdivision ten of section three hundred seventy-one of the social services law.
