(a) The Mayor shall monitor and evaluate the services delivered by all programs covered by § 4-754.01.
(b) The Mayor shall inspect the premises of all providers operating programs covered by § 4-754.01. Except for inspections of shelters monitored by the Office of Shelter Monitoring pursuant to § 4-754.52, inspections shall be conducted:
(1) At least once during each calendar year;
(2) Whenever the Mayor has reason to believe that a provider is not in compliance with the applicable standards established in this chapter or with other requirements or agreements; and
(3) In a reasonable manner and during the regular hours of operation of the provider.
(c) During any inspection conducted pursuant to subsection (b) of this section, the provider shall make available for examination any records or other materials related to the delivery of its services, including records relating to clients and to internal complaints, in accordance with the confidentiality requirements of § 4-754.11(7).
(d) The Mayor shall not delegate the responsibilities of this section to any agency or entity that serves as a provider of services covered by § 4- 754.01.
(Oct. 22, 2005, D.C. Law 16-35, § 17, 52 DCR 8113; Mar. 14, 2007, D.C. Law 16-296, § 2(h), 54 DCR 1097.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-296, in subsec. (b), in the introductory paragraph, substituted "Except for inspections of shelters monitored by the Office of Shelter Monitoring pursuant to § 4-754.52, inspections shall be conducted" for "Inspections shall be conducted".
Legislative History of Laws
For Law 16-35, see notes following § 4-751.01.
For Law 16-296, see notes following § 4-751.01.
(a) Pursuant to the limitations of subsections (b) and (c) of this section, providers may establish Program Rules related to the specific goals of their programs. The Program Rules shall include:
(1) Any applicable special eligibility requirements for the purpose of limiting entry into the program to individuals or families exhibiting the specific challenges that the program is designed to address, except in severe weather shelter and low barrier shelter;
(2) Rules regarding client responsibilities, including those listed in § 4- 754.13;
(3) A list of client rights, including those listed in § 4-754.11, and where appropriate, § 4-754.12;
(4) A description of the internal complaint procedures established by the provider for the purpose of providing the client with an opportunity to promptly resolve complaints;
(5) A description of the procedures by which an individual with a disability may request a reasonable modification of policies or practices that have the effect of limiting the right to access services free from discrimination on the basis of disability as established by § 4-754.11(2).
(6) A description of the procedures and notice requirements of any internal mediation program established by the provider pursuant to § 4-754.39;
(7) A description of any schedule of sanctions that a provider may apply to clients who are in violation of the Program Rules, as authorized by §§ 4- 754.34 through 4-754.38; and
(8) A description of a client's right to appeal any decision or action by the provider that adversely affects the client's receipt of services through fair hearing proceedings pursuant to § 4-754.41 and administrative review proceedings pursuant to § 4-754.42.
(b) Any Program Rules established by a provider shall be submitted to the Mayor for approval in accordance with the following requirements:
(1) Within 90 days of October 22, 2005;
(2) On a yearly basis thereafter, with any proposed changes clearly identified; and
(3) Whenever a provider seeks approval to change its eligibility criteria, the rules of its internal mediation program or complaint procedures, or its schedule of sanctions.
(c) No provider may enforce any provision within its Program Rules, other than those requirements or protections specifically enumerated by this chapter, unless:
(1) The Program Rules were in existence before October 22, 2005, and less than 180 days has passed since October 22, 2005; or
(2) The Mayor has approved the Program Rules pursuant to subsection (b) of this section.
(Oct. 22, 2005, D.C. Law 16-35, § 18, 52 DCR 8113.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-35, see notes following § 4-751.01.
(a)(1) All provider shall give prompt and effective notice of their Program Rules by:
(A) Posting a copy of their Program Rules on the provider's premises in a location easily accessible to clients and visitors; and
(B) Giving every new client written notice of the provider's Program Rules, and reading and explaining the written notice to the client.
(2) The client and the provider staff member delivering the notice pursuant to paragraph (1)(B) of this subsection shall both sign a statement acknowledging the client's receipt of the notice and indicating the client's awareness, understanding, and acceptance of the Program Rules.
(b) All providers shall give to any client to whom they have denied services oral and written notice of the right to appeal the denial, including information about how to request a fair hearing pursuant to § 4-754.41 and administrative review pursuant to § 4-754.42.
(c) All providers shall give written and oral notice to clients of their transfer to another provider or of their suspension or termination from services at least 15 days prior to the effective date of the transfer, suspension, or termination, except:
(1) When the sanction results from the client's imminent threat to the health or safety of someone on the premises of the provider in accordance with § 4- 754.38; or
(2) When the sanction is a suspension of supportive services for a period shorter than 10 days.
(d) Any notice issued pursuant to subsection (b) or (c) of this section must be mailed or served upon the client and shall include:
(1) A clear statement of the sanction or denial;
(2) A clear and detailed statement of the factual basis for the sanction or denial, including the date or dates on which the basis or bases for the sanction or denial occurred;
(3) A reference to the statute, regulation, policy, or Program Rule pursuant to which the sanction or denial is being implemented;
(4) A clear and complete statement of the client's right to appeal the sanction or denial through fair hearing proceedings pursuant to § 4-754.41 and administrative review proceedings pursuant to § 4-754.42, including the appropriate deadlines for instituting the appeal; and
(5) A statement of the client's right, if any, to continuation of benefits pending the outcome of any appeal, pursuant to § 4-754.11(18).
(e) Providers shall establish procedures to provide effective notice of rights, rules, sanctions, and denials to clients with special needs, including those who may be mentally impaired or mentally ill, or who may have difficulty reading or have limited English proficiency.
(Oct. 22, 2005, D.C. Law 16-35, § 19, 52 DCR 8113.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-35, see notes following § 4-751.01.
(a) A provider may transfer a client to another provider to ensure the client receives the most appropriate services available within the Continuum of Care whenever:
(1) The client consents to the transfer; or
(2) The provider identifies and secures for the client a placement with another provider that more appropriately meets the client's medical, mental health, behavioral, or rehabilitative service needs in accordance with the client's service plan.
(b) In addition to the circumstances under which a client may be transferred as described in subsection (a) of this section, a provider may transfer a client when a client fails or refuses to comply with the provider's Program Rules and the client responsibilities listed in § 4-754.13, or engages in any of the behaviors listed in § 4-754.36(2); provided, that:
(1) The client has received proper notice of the Program Rules, client responsibilities, and prohibited behaviors, as required by § 4-754.33; and
(2) The provider has made a good-faith effort to enable the client to comply with the Program Rules so that the client is able to continue receiving services without a transfer.
(c) Transfers of clients under this section can be made through direct arrangements with other providers within the Continuum of Care or through coordination with the central intake center established pursuant to § 4- 753.02(c)(1). Such efforts shall be documented by the provider in the client's records.
(Oct. 22, 2005, D.C. Law 16-35, § 20, 52 DCR 8113.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-35, see notes following § 4-751.01.
(a) If a client fails or refuses to comply with the provider's Program Rules and the client responsibilities listed in § 4-754.13, or engages in any of the behaviors listed in § 4-754.36(2), the provider may suspend services to the client for an appropriate period of time in light of the severity of the act or acts leading to the suspension, but in no case for any period longer then 30 days. The suspension may be implemented only when:
(1) The client has received proper notice of the Program Rules, client responsibilities, and prohibited behaviors, as required by § 4-754.33; and
(2) The provider has made a good-faith effort to enable the client to comply with the Program Rules so that the client is able to continue receiving services without suspension.
(b) Prior to suspension of services, the provider shall make a reasonable effort, given the severity of the situation, to transfer the client to another provider within the Continuum of Care, in accordance with § 4-754.34.
(c) A provider may not suspend adult individuals or adult family members in a manner that results in minor children or dependent adults being left unattended in a shelter or supportive housing unit.
(Oct. 22, 2005, D.C. Law 16-35, § 21, 52 DCR 8113.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-35, see notes following § 4-751.01.
A provider may terminate its delivery of services to a client only when:
(1) The provider documents that it has considered suspending the client in accordance with § 4-754.35 or has made a reasonable effort, in light of the severity of the act or acts leading to the termination, to transfer the client in accordance with § 4-754.34;
(2) The client:
(A) Possesses a weapon on the provider's premises;
(B) Possesses or sells illegal drugs on the provider's premises;
(C) Assaults or batters any person on the provider's premises;
(D) Endangers the client's own safety or the safety of others on the provider's premises;
(E) Intentionally or maliciously vandalizes, destroys, or steals the property of any person on the provider's premises;
(F) Fails to accept an offer of appropriate permanent housing or supportive housing that better serves the client's needs after having been offered 2 appropriate permanent or supportive housing opportunities; or
(G) Knowingly engages in repeated violations of a provider's Program Rules; and
(3) In the case of terminations pursuant to subparagraphs (2)(F) and (2)(G) of this section, the provider has made reasonable efforts to help the client overcome obstacles to obtaining permanent housing.
(Oct. 22, 2005, D.C. Law 16-35, § 22, 52 DCR 8113.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-35, see notes following § 4-751.01.
(a) A provider may employ lesser sanctions as alternatives to the transfer, suspension, or termination of services authorized in §§4-754.34 through 4-754.36.
(b) Any alternative sanction applied shall be authorized in the schedule of sanctions included in the provider's Program Rules and may include loss of special privileges and imposition of additional responsibilities.
(Oct. 22, 2005, D.C. Law 16-35, § 23, 52 DCR 8113.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-35, see notes following § 4-751.01.
(a) Whenever a client presents an imminent threat to the health or safety of the client or any other person on a provider's premises, the provider, in light of the severity of the act or acts leading to the imminent threat, may immediately transfer, suspend, or terminate the client, without providing prior written notice of the transfer, suspension, or termination as required by § 4-754.33(c).
(b) The provider shall endeavor to provide written notice, consistent with the requirements of § 4-754.33(d), to any client transferred, suspended, or terminated pursuant to subsection (a) of this section at the time that the action is taken. If it is not possible or safe to provide written notice at the time of the action, a subsequent written notice shall be provided to the client within 15 days, or, if the client's whereabouts are unknown, upon request within 90 days of the transfer, suspension, or termination. The time period during which the client may request fair hearing proceedings to appeal the transfer, suspension, or termination pursuant to §4-754.41 shall not begin until the client has received the subsequent written notice.
(c) No client transferred, suspended, or terminated pursuant to subsection (a) of this section shall have the right to request mediation of the action from the provider pursuant to § 4-754.39 or to continue to receive shelter or supportive housing services without change pending appeal pursuant to § 4- 754.11(18).
(d) Whenever a provider transfers, suspends, or terminates a client pursuant to subsection (a) of this section, the provider shall immediately notify the Department of the action. The notification shall include the following information:
(1) The identity of the client who was transferred, suspended, or terminated;
(2) The nature, date, and time of the action taken by the provider;
(3) The provider staff member authorizing the transfer, suspension, or termination; and
(4) The act or acts leading to the transfer, suspension, or termination.
(e) Whenever the Department receives a notification pursuant to subsection (d) of this section, the Department shall issue a written finding of whether the emergency transfer, suspension, or termination order complies with the requirements of this section. The notification shall be issued within 24 hours of receipt of the notification by the Department. If the Department finds that the order was improperly issued, the Department shall reinstate the client's access to the services received prior to the issuance of the order, pending the outcome of a hearing pursuant to §§ 4-754.41 and 4-754.42.
(Oct. 22, 2005, D.C. Law 16-35, § 24, 52 DCR 8113.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-35, see notes following § 4-751.01.
(a) Providers are strongly encouraged to establish internal mediation programs to resolve disputes with clients.
(b) Any provider who chooses to establish an internal mediation program shall offer mediation services to any client of the provider, or the client's representative, who requests them.
(c) Upon receiving an oral or written request for mediation, the provider shall provide the client or the client's representative with reasonable written notice of:
(1) The time and place of any mediation proceedings; and
(2) The client's right to request a fair hearing for formal review of his or her complaint pursuant to § 4-754.41 and his or her right to request administrative review pursuant to § 4-754.42.
(d) The provider shall allow the client or the client's representative to review its records of the client prior to the mediation proceeding.
(e) The provider shall allow the client to be accompanied by a legal or other representative of the client's choosing in any mediation proceedings.
(f) Upon conclusion of the mediation proceedings, the provider shall notify the client of his or her right to request a fair hearing pursuant to § 4-754.41, and the deadline for making such a request, if he or she is not satisfied with the outcome of the mediation.
(g) No member of the provider's staff who was involved in the incident or incidents at issue in the mediation shall serve as a mediator during the proceedings.
(Oct. 22, 2005, D.C. Law 16-35, § 25, 52 DCR 8113.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-35, see notes following § 4-751.01.
